California Regulatory Notice Register — Register 2024, No. 15-Z (APRIL 12, 2024)

Cal. Reg. Notice Reg. 2024, No. 15

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 15–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW APRIL 12, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Committee Jurisdiction — Notice File Number Z2024–0402–03 ........................................... 405 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Cryptocurrency Reporting — Notice File Number Z2024–0402–04 ......................................... 406 TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE False Codling Moth Eradication Area — Notice File Number Z2024–0402–02 ............................... 408 TITLE 5. BUREAU FOR PRIV ATE POSTSECONDARY EDUCATION Signature Requirements — Notice File Number Z2024–0402–07 ........................................... 411 TITLE 5. STATE BOARD OF EDUCATION School Nutrition Programs — Notice File Number Z2024–0320–02 ........................................ 414 TITLE 10. DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan of Operations (CAARP) — Notice File Number Z2024–0402–05 ........ 418 TITLE 10.

DEPARTMENT OF INSURANCE Revisions to California Low Cost Automobile Plan of Operations — Notice File Number Z2024–0402–06 ......... 420 TITLE 11. DEPARTMENT OF JUSTICE Verification of Hunting Licenses — Notice File Number Z2024–0402–101 ................................... 423 TITLE 14. DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY AB 1311 Alternative

Schedule Regulations — Notice File Number Z2024–0402–09 ............................ 426 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Field Executive Review Committee — Notice File Number Z2024–0402–08 .................................. 431 (Continued on next page)

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA Concurrence Request for Implementation of the San Joaquin River Restoration Program and Accompanying Hatchery and Genetic Management Plan, 2080–2024–002–04, Butte, Napa, Yolo, and Fresno Counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433 A V AILABILITY OF PRECEDENTIAL DECISIONS INDEX STATE TEACHERS’ RETIREMENT SYSTEM Notice of Availability of Precedential Decisions and Decisions Index ....................................... 434

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 434 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $338.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 405 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. F AIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the authority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, proposes to adopt, amend, or repeal regulations in Ti - tle 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regula- tions at a public hearing on or after May 16, 2024 at the offices of the Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California, commencing at approximately 10:00 a.m. Written comments should be received at the Commission of - fices no later than 5:00 p.m. on May 14, 2024.

BACKGROUND/OVERVIEW A “general purpose committee” is one which is formed or exists primarily to support or oppose more than one candidate or ballot measure. (Section 82027.5.) Depending upon its level of activity, a gen - eral purpose committee files its original campaign statements and reports in one of three places: with the state, with a county, or with a city. Regulation 18227.5 provides a brightline rule for general purpose recipient committees to determine where they file.

For example, during a specified time period, a committee with more than “70 percent of contributions or expenditures” made to support or oppose candidates, measures, or other committees within a city would file its original campaign statements and reports with the city. Within the past year, the Commission has received inquiries from two local ethics agencies inquiring as to whether all expenditures by the committee are tak - en into account when making the determination of where to file.

As the statutory language, regulatory language, regulatory history and longstanding infor - 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sec - tions 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. mal advice support the

interpretation that only those contributions and independent expenditures made to support or oppose candidates, measures, and other committees are taken into account when making the calculation, staff recommends codifying this advice in the Regulation. Therefore, staff proposes adding a definition of “70 percent of contributions and expen - ditures” for purposes of calculating the filing jurisdic- tion for specified general purpose committees in Reg- ulation 18227.5.

Additionally, staff recommends amending the term “or” to “and” in calculating total contributions and ex- penditures made for the 70 percent threshold in para - graphs (c) (1), (c) (2), and (d) (2) of Regulation 18227.5. These paragraphs currently refer to “contributions or expenditures” for calculating the 70 percent threshold, potentially implying that a total of either could be used. But based upon the previous regulatory language, and longstanding

interpretation, the calculation should in - clude “contributions and expenditures.” REGULATORY ACTION Amend 2 Cal. Code Regs.,

Section 18227.5 — General Purpose Committees: State, County or City The Commission may consider adding subdivision (c) (4) to Regulation 18227.5 to add a definition of “70 percent of contributions and expenditures.” The proposed definition specifies that only those contri - butions and expenditures made to support or oppose candidates, measures or other committees are taken into account when calculating the 70 percent thresh - old and cross–references

Section 84211(k) (5), which requires supplemental information for these specified expenditures. The Commission may also consider changing “or” to “and” in subdivisions (c) (1), (c) (2), and (d) (2) to clarify that both contributions and expenditures are taken into account for the 70 percent calculation. SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issues identified above or any related issues. FISCAL IMPACT STATEMENT: Fiscal Impact on Local Government.

These regula - tions will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. These regula - tions will have no fiscal impact on any local entity or program.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 406 Fiscal Impact on Federal Funding of State Pro - grams. These regulations will have no fiscal impact on any local entity or program. AUTHORITY

Section 82027.5. CONTACT Any inquiries should be made to Erika M. Boyd, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, CA 95811; telephone (916) 322– 5660 or 1–866–ASK–FPPC, or by email at eboyd@ fppc.ca.gov. Proposed regulatory language can be accessed at http://www.fppc.ca.gov/the–law/fppc– regulations/proposed–regulations–and–notices.html . TITLE 2. F AIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the authority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, proposes to adopt, amend, or repeal regulations in Ti - tle 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regula- tions at a public hearing on or after May 16, 2024, at the offices of the Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California, commencing at approximately 10:00 a.m. Written comments should be received at the Commission of - fices no later than 5:00 p.m. on May 15, 2024. 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014.

All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sec - tions 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. BACKGROUND/OVERVIEW Proposed amendments to Regulation 18237 and 18421.2 would clarify reporting requirements for cryptocurrency holdings.

Regulation 18237 clarifies that cryptocurrency does not fall under the definition of “investment” for purposes of the Act and therefor need not be reported on statements of economic inter- ests. Regulation 18421.2 would clarify that cryptocur- rency campaign contributions should be reported as monetary contributions rather than “in–kind” or non - monetary contributions because after the contribution goes through a payment processor, as required by the Regulation, the funds are received in U.S. dollars.

Currency (also referred to as “real” currency) as defined by federal regulations is “the coin and paper money of the United States or of any other country that is designated as legal tender and that circulates and is customarily used and accepted as a medium of ex - change in the country of issuance.” 2 In contrast to real currency, “virtual” currency is a medium of exchange that operates like a currency in some environments, but does not have all the attributes of real currency. Virtual currency includes cryptocurrencies, such as Bitcoin.

In particular, virtual currency does not have legal tender status in any jurisdiction, is not backed by a governmental body, and is entirely digital. 3 Crypto- currency is a digital, encrypted, and decentralized me- dium of exchange. There is no central authority that manages and maintains the value of a cryptocurren - cy. Instead, these tasks are broadly distributed among cryptocurrency’s users via the internet. 4 Cryptocurrency can be exchanged in two ways; either directly, person to person, as a “peer to peer” transaction, or through an intermediary such as a cryptocurrency exchange or payment processor.

A cryptocurrency exchange is a platform on which you can buy and sell cryptocurrency. Exchanges can be used to trade one crypto for or to buy cryptocurrencies using regular currency, like the U.S. Dollar. Exchang- es reflect current market prices of the cryptocurren - cies they offer. Exchanges can also be used to convert cryptocurrencies back into the U.S.

Dollar or another currency on an exchange, to leave as cash within an account or withdraw to a user’s regular bank account. 5 A cryptocurrency payment gateway is a payment processor for digital currencies, similar to a payment 2 31 CFR § 1010.100(m). 3 Department of the Treasury, Financial Crimes Enforcement Network, FIN–2013–G001. 4 https://www.forbes.com/advisor/investing/cryptocurrency/ what–is–cryptocurrency/ . 5 https://time.com/nextadvisor/investing/cryptocurrency/what– are–cryptocurrency–exchanges/ .

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 407 processor for a credit card. 6 Cryptocurrency gateways enable clients to accept digital payments and receive real currency immediately in exchange.

They pay the client an amount equal to the digital currency’s fair market value at the time of the transaction, and the cryptocurrency payment service instantly converts the payment into the currency of the client’s choice, such as U.S. dollars. (Ibid.) The money is added to that account with the payment processor and is deposited to the client’s designated bank account in intervals decided on in the client’s service contract.

The client does not need a cryptocurrency wallet and does not need to handle any cryptocurrency conversions when using a payment processor. (Ibid.) Most of payment gateway services are required to implement some degree of know–your–customer (“KYC”) rules, therefore linking a real–world iden - tity to addresses and transactions. KYC rules are a procedure for verifying a customer’s identity.

This is standard practice for financial institutions and finan - cial service businesses, including banks, stockbrokers, and is now applicable to cryptocurrency exchanges. 7 Customers typically need to provide during the KYC process: date of birth, Social Security number, and physical address. In addition, exchanges and pay - ment processors also generally ask for a photo of valid government–issued identification, such as a driver’s license, state ID, or a passport. ( Ibid.) After a user provides the requested information, the exchange or payment processor will use that to verify the user’s true identity.

Cryptocurrency holdings are highly volatile and unlike investments in stocks or bonds, cryptocurren - cy markets are unregulated and engage in short–term speculative trading. 8 When a person purchases cryp - tocurrency they are not buying a security or owner - ship interest in a business. In this way, holdings of cryptocurrency are more similar to holdings of gold or foreign currency than investments in stocks or bonds.

Regulation 18237 Under the Act, an “investment” is: “any financial interest in or security issued by a business entity, in - cluding, but not limited to, common stock, preferred stock, rights, warrants, options, debt instruments, and any partnership or other ownership interest owned… by the public official…if the business entity … has an interest in real property in the jurisdiction, or does business or plans to do business in the jurisdiction, or has done business within the jurisdiction at any time during the two years prior to the time any statement 6 https://www.investopedia.com/tech/bitcoin–payment– services–introduction/ . 7 See https://www.investopedia.com/terms/k/knowyourclient. asp. 8 https://www.fca.org.uk/investsmart/investing–crypto . or other action is required under this title.” (Section 82034.)

Section 82005 defines a business entity as “any organization or enterprise operated for profit, including but not limited to a proprietorship, partner - ship, firm, business trust, joint venture, syndicate, cor- poration or association.” One of the main draws for purchasers of crypto - currency is that the system is decentralized, placing the task of managing and maintaining the system on users, not a centralized authority, there is not one cen- tralized “business entity” through which to purchase the cryptocurrency.

When a person purchases crypto - currency, they are not buying a security in a business, or an ownership interest, they are essentially making an exchange of one type of currency to another that is less stable and subject to constant changes in value. For that reason, staff believes that cryptocurrency is more akin to investing in gold, which is volatile and an exchange from currency to an asset that fluctuates constantly, and like gold, would not be an investment under the Act.

If cryptocurrency is not an investment, then it need not be reported on statements of economic interests because it does not fall under any other re - portable category.

Regulation 18421.2 Under the Act, a contribution is “a payment, a for - giveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consider - ation is received or if it is clear from the surrounding circumstances that the payment is not made for polit - ical purposes.” (Section 82015.) Contributions include tickets to events, the granting of a discount or rebate not provided to the public, and payments for personal services that benefit the candidate. ( Ibid.) Contribu - tions can be both monetary, as simple as a payment, and nonmonetary, like a discount or personal service.

As Regulation 18421.2 currently stands, if a contrib- utor wishes to contribute cryptocurrency, they must send the payment through a payment processor that employs KYC procedures. As a result of this require - ment, when the contribution is ultimately received by the candidate or committee it is received in U.S. dol - lars. However, Regulation 18421.2 currently requires the contribution be reported as nonmonetary.

It has become apparent to staff that, in practice, these con - tributions act more as a monetary contribution than an in–kind or nonmonetary contribution because the committee or candidate receives a monetary sum after the conversion through a payment processor. Under the Regulation there is never a circumstance where the candidate or committee would receive a contri - bution that is an amount of cryptocurrency, like Bit - coin. Because the contribution comes to the candidate or committee through a processor and is received in

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 408 U.S. dollars, staff believes it is more accurate to report these contributions as monetary contributions. REGULATORY ACTION Amend 2 Cal. Code Regs. Sections 18237 and 18421.2 Commission staff proposes amended Regulation 18237 and 18421.2 for adoption. Proposed amend - ments to Regulation 18237 are intended to make clear that cryptocurrency holdings are not considered in - vestments under the Act.

Proposed amendments to Regulation 18421.2 are intended to make clear that cryptocurrency campaign contributions should be re - ported as monetary contributions. SCOPE: The Commission may adopt the language noticed herein, or it may choose new language to im - plement its decisions concerning the issue identified above or any related issue. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. None. Fiscal Impact on State Government. None. Fiscal Impact on Federal Funding of State Pro - grams. None. AUTHORITY

Section 83112 provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE Government Code sections 82015, 82034 82025, 84211 and 84306. CONTACT Any inquiries should be made to Valerie Nuding, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, CA 95811; email: vnuding@ fppc.ca.gov; telephone (916) 322–5660; or 1–866– ASK–FPPC. Proposed regulatory language can be ac- cessed at http://www.fppc.ca.gov/the–law/fppc–regu- lations/proposed–regulations–and–notices.html . TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

SECTION 3591.22 FALSE CODLING MOTH ERADICATION AREA The California Department of Food and Agricul - ture (Department) proposes to make an amendment to Title 3 of the California Code of Regulations (CCR)

Section 3591.22 False Codling Moth Eradication Area to make multiple clarity edits, corrections to the host list species, and an addition to the Method and Means section. 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 repre- sentative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email. The writ - ten comment period closes on May 28th, 2024. The Department will consider only comments received at the Department offices by that date or postmarked no later than May 28th, 2024.

Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture 1220 N Street Sacramento, CA 95814 Permits@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Dean Kelch at (916) 261– 9252 or dean.kelch@cdfa.ca.gov, FAX number (916) 651–2900. Unless there are substantial changes to the proposed regulations prior to adoption, the Department may adopt the proposal as set forth in this notice without further notice to the public.

Following the public hear- ing, if one is requested, or following the written com - ment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth without further notice. AUTHORITY The Department proposes to amend

Section 3591.22 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code (FAC).

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 409 REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 5322, 5761, 5762 and 5763 of the Food and Agricultural Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW A review of

Section 3591.22 has resulted in the De- partment making multiple clarifications, corrections to the host list species, and an addition to the Meth - od and Means section.

Section 3591.22’s host list was last updated in 2008, and since then other species have been found to be hosts. There have also been name changes among some species. An inaccurate host list in

Section 3591.22 provides a source of potential con- fusion to the public and could result in host material unknowingly being moved, which could lead to fur - thering an infestation. EXISTING LAWS & REGULATIONS Existing law, FAC

Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code which the Secretary is directed or authorized to ad - minister or enforce. Existing law, FAC

Section 5322, provides that the Secretary may establish, maintain, and enforce quar - antine, eradication, and such other regulations as are in their opinion necessary to circumscribe and exter - minate or prevent the spread of any pest that is de - scribed in FAC

Section 5321. Existing law, FAC

section 5761, provides that regu- lations which are adopted pursuant to

Article 2 (com - mencing with

Section 5321) of

Chapter 5,

Part 1 of this division may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest. Existing law, FAC

section 5762, provides that any pest with respect to which an eradication area has been proclaimed, and any stages of the pest, its hosts and carriers, and any premises, plants, ad things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. Existing law, FAC

section 5763, provides that the director, or the commissioner acting under the su - pervision and direction of the director, in a

summary manner, may disinfect or take such other action, in - cluding removal or destruction, with reference to any such public nuisance, which they thinks is necessary. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT The implementation of this amendment will prevent potential future issues should false codling moth be found in California.

Functional, accurate host lists and eradication strategies help prevent the spread of pests within California; this will prevent: ● direct damage to the agricultural industry grow - ing host fruits ● indirect damage to the agricultural industry growing host fruits due to the implementation of quarantines by other countries and loss of export markets ● increased production costs to the affected agricul- tural industries ● increased pesticide use by the affected agricultur- al industries ● increased costs to the consumers of host fruits ● increased pesticide use by homeowners and others ● the need to implement a State interior quarantine ● the need to implement a federal domestic quarantine There are no existing, comparable federal regula - tions or statutes regulating false codling moths.

There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg - ulations addressing the pest false codling moth, and it found that the proposed amendment is the only regu - lation dealing with this subject, and the Department is the only State agency which can manage eradica - tion areas. As required by Government Code

Section 11346.5(a) (3) (D), the Department has conducted an evaluation of

Section 3591.22 and has determined that it is not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et seq. as amended)

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 410 and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. There is no reimbursable costs or savings under

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code to local agencies or school districts and no nondiscretionary costs or savings to local agencies or school districts, will result from the amendment of 3591.22. Cost or savings to any state agency: None. 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 person or business would neces - sarily incur in reasonable compliance with the pro - posed action.

Significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of Cal- ifornia businesses to compete with businesses in other states: The cost impacts are expected to be minimal/ non–consequential. The Department makes the initial determination that the proposed action will not have a significant, statewide adverse economic impact. Significant effect on housing costs: None. Small business determination: The proposed regu - lation would be unlikely to affect small business.

The Department has been conducting eradication actions throughout the state for over 30 years without causing significant creation or elimination of jobs or causing any other significant impact on businesses..

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has made an assessment that the amendment to this regulation would: (1) not create or eliminate jobs within California, (2) not create new business or eliminate existing businesses within California,(3) not affect the expansion of businesses currently doing business within California, (4) is ex - pected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environ- ment, (6) not expected to benefit workers’ safety, and (7) maintain the economic baseline.

The health and welfare of California residents: The regulation benefits industries (fruit for domestic use and exports, packing facilities), the environment (ur - ban landscapes), and the overall California economy by allowing a quick response to prevent the spread of false codling moth. The agricultural industry is one of the economic engines in the state. Negative impacts to agriculture impact the state’s economy and the general welfare of the State.

The state’s environment: The amendment of this regulation benefits environment (urban landscapes) by providing the Department an eradication program to prevent the artificial spread of the false codling moth over short and long distances. False codling moth spread could cause an increase in pesticide use by in - dustry and homeowners, as well as the loss of home fruit.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to pres - ent alternatives during the written comment period.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action and has made avail- able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request.

The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may amend 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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 411 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.

AVAILABILITY 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. TITLE 5. BUREAU FOR PRIVATE POSTSECONDARY EDUCATION SIGNATURE REQUIREMENTS NOTICE IS HEREBY GIVEN that the Bureau for Private Postsecondary Education (hereinafter “Bu - reau”), is proposing to take the action described in the Informative Digest below, after considering all com - ments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Bureau has not scheduled a public hearing on this proposed action.

However, the Bureau 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 prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this Notice.

WRITTEN COMMENT PERIOD Written comments, including those sent by mail, facsimile, or email to the addresses listed under Contact Person in this Notice, must be received by the Bureau at its office no later than 5:00 p.m. on Wednesday, May 29, 2024, or must be received by the Bureau at the hearing, should one be scheduled. The Bureau, upon its own motion or at the instance of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 94801, 94801.5, 94803, 94873, 94877, 94885, 94885.5, 94888, 94890, 94891 and 94895 of the Education Code (Ed. Code), and to implement, interpret, or make specif - ic Ed. Code sections 94801.5, 94802, 94821, 94822, 94823, 94823.5, 94850.5, 94874.1, 94874.7, 94886, 94887, 94888, 94889, 94890, 94893, 94894, 94895, 94896, 94898, 94909, 94911, 94923, 94924, 94930.5 and 94931 and

Section 2015.5 of the Code of Civil Pro- cedure, the Bureau is considering amending sections 70000, 71100, 71380, 71390, 71395, 71396, 71475, 71480, 71500, 71550, 71630, 71640, 71650, 71652, and 71653 of Title 5 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing regulations at sections 70000, 71100, 71380, 71390, 71395, 71396, 71475, 71480, 71500, 71550, 71630, 71640, 71650, 71652, and 71653 outline defini- tions and relate to application forms for various types of institutions that the Bureau oversees, notices from exempt institutions, as well as renewals.

Under exist - ing regulations, nonprofit organizations are required to have signatures by every member of their Board of Directors. Organizations with dispersed Boards have found it difficult to acquire a wet signature from every Board member. The current requirement for multiple signatures also requires the Bureau to verify every signature as an authorized person, which increases the Bureau’s workload.

At the February 23, 2022, meeting of the Bureau’s Advisory Committee, Bureau staff outlined existing application signature requirements and solicited input on whether existing applications warranted changes, while ensuring that applications are only submitted by the authorized owner or operator of the institution and are approved by an institution’s governing body.

The Bureau received Advisory Committee Member and public feedback that existing requirements, such as requiring signatures from each member of a non - profit institution’s governing body, may be unneces - sarily burdensome, and that the range of application types may warrant requirements that vary by applica - tion. Subsequently, Bureau staff have considered how to modify signature requirements to streamline ap - proval processes without compromising their integrity or undermining the Bureau’s authority.

In addition, in 2022 the legislature adopted Senate Bill (SB) 1433 (Chapter 544, Statutes of 2022) which, among other things, expanded the Bureau’s authori - ty to grant an approval to an out–of–state public in - stitution with a physical presence in California. It is

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 412 necessary to consider these potential new applicants (public institutions under the Bureau’s jurisdiction) in establishing who needs to be a signatory on an appli - cation for approval. The Bureau has drafted the following proposed reg- ulatory changes: ● Amend

section 70000(

j) to add a definition for “digital signature” to have the same meaning as that in Government Code

section 16.5. ● Amend sections 71100, 71390, 71395, 71396, 71480, 71500, 71550, 71640, 71650, 71652, and 71653, to update form revision dates. ● Amend sections 71380, 71390, 71395, 71475, 71480, 71500, 71550, 71640, 71650, 71652, and 71653, to allow digital signatures, require each partner in a partnership to sign applications, add “president” as an alternative to “chief executive officer,” and delete the present requirement that an application from a non–profit corporation be signed by every member of its governing body and replacing it with the requirement that a non - profit corporation’s application can be signed by the chief executive officer or the president. ● Apply revision of dates and signatory require - ments on 4 forms, which are all previously incor- porated by reference: ○ Form Application 94801.5 — Application for Registration or Re–Registration of Out of State Institutions — Application for Renewal of Ap - proval to Operate and Offer Educational Pro - grams for Non–Accredited Institutions (rev. 8/24) ○ Form AID — Application for Authorization for Institution to Begin (rev. 8/24) Participation in Student Financial Aid Programs (Title IV of the Higher Education Act of 1965) (rev. 8/24) ○ Form CREDIT — Application for Authorization to Change from Clock Hours to Credit Hours (rev. 8/24) ○ Form OBJ — Application for Change in Educa - tional Objectives or Clock or Credit Hours Re - quired to Complete a Program (An Increase or Decrease by 25% or More) (rev. 8/24) This proposed rulemaking intends to allow digital signatures on certain forms and applications, clarify that all partners are to sign or just a Chief Executive Officer (CEO) or president of a nonprofit or public institution when appropriate, and allow leaders with differing titles (who have authorization) to enter a sig- nature on an institution’s behalf.

These amendments benefit consumer protection by ensuring that own - ers of private postsecondary institutions, especially non–profit corporations, still comply with application requirements that are less burdensome, which allows institutions the ability to devote resources to their ed - ucational programs.

Anticipated Benefits of Proposal The Bureau has determined that this regulatory proposal will have the following benefits to welfare of California residents: This proposal benefits California consumers and stu- dents by ensuring that owners of private postsecond - ary institutions, especially non–profit corporations, still comply with application requirements that are less burdensome, which allows institutions the ability to devote resources to their educational programs.

The proposed changes will still be substantial enough to assure that applications are legitimate and account for owners that can be identified and verified through the approval process. The proposed regulatory language will also reduce workload for Bureau staff when pro - cessing applications, allowing staff to process other submitted forms more quickly. The proposed changes will also facilitate the Bureau’s new role in providing oversight for out–of–state public institutions that may now apply for Bureau approval.

Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the Bureau has conducted a search of any similar regulations on this topic and has con - cluded that these regulations are neither inconsistent nor incompatible with existing state regulations.

INCORPORATION BY REFERENCE ● Form Application 94801.5 — Application for Registration or Re–Registration of Out of State Institutions — Application for Renewal of Ap - proval to Operate and Offer Educational Pro - grams for Non–Accredited Institutions (rev. 8/24) ● Form AID — Application for Authorization for Institution to Begin (rev. 8/24) Participation in Student Financial Aid Programs (Title IV of the Higher Education Act of 1965) (rev. 8/24) ● Form CREDIT — Application for Authorization to Change from Clock Hours to Credit Hours (rev. 8/24) ● Form OBJ — Application for Change in Educa - tional Objectives or Clock or Credit Hours Re - quired to Complete a Program (An Increase or Decrease by 25% or More) (rev. 8/24)

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 413 DISCLOSURES REGARDING THIS PROPOSED ACTION Fiscal Impact Estimates Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The regulations result in one–time (absorbable) workload and costs of approximately $3,500 for the Bureau to update and post the application forms on its website. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agen - cies: None. Local Mandate: None. Cost to any local agency or school district re - quiring reimbursement pursuant to

section 17500 et seq.: None. Effect on Housing Costs: None. BUSINESS IMPACT ESTIMATES Business Impact: The Bureau has made an initial determination that the proposed action will not have a significant, statewide adverse economic impact di - rectly affecting business, including the ability of Cali- fornia businesses to complete with businesses in other states. The proposed regulations are intended to sim - plify the application process for private postsecond - ary educational institutions and are not anticipated to result in any economic impacts to businesses in the state. Impact on Jobs/New Business: None.

The pro - posed regulations are intended to simplify the appli - cation process for private postsecondary educational institutions and are not anticipated to result in the cre- ation or loss of jobs or businesses in the state. Cost Impact on Private Person or Business: The proposed regulations are not anticipated to result in additional costs to individuals or business. The reg - ulations are intended clarify application signature re - quirements, as specified. Business Reporting: The proposed regulations do not require a report to be made.

EFFECT ON SMALL BUSINESS The Bureau has determined that the proposed reg - ulations will not affect small businesses. The regula - tions clarify who is authorized to sign an application submitted to the Bureau, and not anticipated to result in economic impacts on small businesses.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Bureau has determined that this regulatory pro- posal will not have a significant impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in California because businesses are required to submit the current version of application forms. This proposal is intended to simplify the application process.

Benefits of Regulation: The proposed regulation will benefit the welfare of California residents by clarifying the process for de - termining who needs to sign an application submitted to the Bureau. This proposal is not anticipated to ben - efit health, worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Bureau must deter - mine 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 pro- posed; would be as effective and less burdensome to affected private persons than the proposal described in this Notice; or would be more cost–effective to affect- ed private persons and equally effective in implement- ing the statutory policy or other provisions of law.

Any interested person may submit comments to the Bureau writing relevant to the above determina - tions at: Bureau for Private Postsecondary Education, P.O. Box 980818, West Sacramento, CA 95798–0818 during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Bureau has compiled a record for this regula - tory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based.

This ma- terial is contained in the rulemaking file and is avail - able for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and the initial statement of reasons, and all of the in - formation upon which the proposal is based, may be obtained at the hearing or prior to the hearing upon

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 414 request from the Bureau for Private Postsecondary Education, P.O. Box 980818, West Sacramento, CA 95798–0818. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Bureau, upon its own motion or at the request of any interested party, may thereafter adopt the propos - als substantially as described below or may modify such proposals if such modifications are sufficient - ly related to the original text.

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

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All information upon which the proposed regu - lations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the final statement of rea- sons once it has been prepared, by making a written request to the contact person named below or by ac - cessing the website listed below. CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: David Dumble Address: P.O.

Box 980818 West Sacramento, CA 95798–0818 Telephone Number: (279) 895–6091 Fax: (916) 263–1897 Email Address: David.Dumble@dca.ca.gov The backup contact person is: Name: Yvette Johnson Address: P.O.

Box 980818 West Sacramento, CA 95798–0818 Telephone Number: (279) 895–6099 Fax: (916) 263–1897 Email Address: Yvette.Johnson@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications noted, as well as the Final State - ment of Reasons when completed, and modified text, if any, can be accessed through the Bureau’s website at http://bppe.ca.gov/lawsregs/current.shtml. An archive of the Bureau’s prior regulatory actions can be found at http://bppe.ca.gov/lawsregs/archive.shtml. TITLE 5.

STATE BOARD OF EDUCATION SCHOOL NUTRITION PROGRAMS NOTICE IS HEREBY GIVEN that the State Board of Education (SBE) proposes to adopt the reg - ulations described below after considering all com - ments, objections, or recommendations regarding the proposed action. The SBE invites interested persons to present state - ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. PUBLIC HEARING California Department of Education (CDE) staff, on behalf of the SBE, will hold a virtual meeting at 9:00 a.m. on May 28, 2024.

Any interested person may participate in the pub - lic hearing via Zoom by logging in per the following instructions: ● Click the following link or paste the link to the browser to join the meeting and enter the password: https://us02web.zoom.us/j/85005454181 Meeting ID: 850 0545 4181 Passcode: 468855 ● To connect with audio only and no video, call one of the following telephone numbers and enter the meeting ID and password: 213–338–8477 669–219–2599 669–900 6833 Meeting ID: 850 0545 4181 Passcode: 468855 For persons intending to attend the Zoom meeting, those persons may check their computers by: ● Clicking on the test link: https://zoom.us/test.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 415 ● For any issues regarding connecting with Zoom, go to https://support.zoom.us/hc/en–us for assistance. During the meeting, any person may present state - ments or arguments, orally or in writing, relevant to the proposed action described in the Informative Di - gest. The SBE requests, but does not require, that per- sons who make oral comments at the public hearing also submit a written

summary of their statements. No oral statements will be accepted subsequent to this public meeting. ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Un- ruh Civil Rights Act, any individual with a disability who requires reasonable accommodation to partici - pate in a public meeting on proposed regulations, may request assistance by contacting Frances Swann of the Nutrition Services Division, 1430 N Street, Suite 4503, Sacramento, CA, 95814, telephone, 916–445–0850.

It is recommended assistance be requested at least two weeks before the hearing. Please note that Live Cap - tioning will be available during the online meeting. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to: Lorie Adame, Regulations Coordinator Administrative Support and Regulations Adoption Unit California Department of Education 1430 N Street, Room 5319 Sacramento, CA 95814 Comments may also be submitted by facsimile (FAX) at 916–322–2549 or by email to regcomments@ cde.ca.gov.

Comments must be received by the Regulations Coordinator prior to or on May 28, 2024. All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act. AUTHORITY AND REFERENCE Authority: Sections 221.1, 222, 8235.5, 8261, 32289,33031, 33315, 46015, 48645.7, 48853, 48853.5, 49069.5, 49431, 49431.2, 49431.5, 49492, 49531, 49536, 49551, 49559, 51223, 51225.1, 51225.2, 51228.3, 52075, 54445, 52355, 52451, and 56100, Education Code.

References: Sections 200, 220, 234.1, 260, 8235.5, 33315, 35186, 49013, 49430, 49431, 49431.2, 49431.5 and 49556, Education Code; Sections 38181, 38191 and 38211, Food and Agricultural Code;

Section 11135, Government Code; 42 United States Code

Section 1758, 7 Code of Federal Regulation Sections, 210.2, 210.4, 210.7, 210.8, 210.10, 210.11, 220.2, 220.4, 220.8, 220.11, 220.12, 220.23 and 225.16; 21 Code of Feder- al Regulations,

Section 101.9; and 34 Code of Federal Regulations, Sections 106.1–106.8 and 299.10–299.11. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In 1976, the SBE adopted articles 2, 3 and 4 found in the California Code of Regulation (CCR), title 5 (5 CCR), division 1,

chapter 15, subchapter

Article 2 included

section 15510, which provided

definitions for mandatory meals for needy pupils and sections 15530, 15531, 15532, 15533, 15534 and 15535 in

article 3 spec- ified the scope, eligibility, procedures and criteria for filing and approving applications, procedure for fund- ing, and procedure for project management of Nu - trition Education Program grants.

Article 4 sections 15551, 15556, 15562, 15563, 15564 and 15565 con - tained

definitions, payment of reimbursement claims, kind of meals eligible for reimbursement, meal re - quirements for needy students, claim reimbursement procedures and notification of changes in reimburse - ment rates for school lunches and breakfasts. In 2008, the SBE adopted

article 6, which included sections 15575, 15576, 15577 and 15578. These sections provid- ed

definitions for foods and beverages, and food and beverages restrictions. Articles 2, and 4 of 5 CCR have not been updated since their adoption in

Article 6 of 5 CCR has not been updated since its adoption in 2008. There - fore, upon review of these regulations in 5 CCR, the SBE determined that amendments were necessary to bring these regulations into alignment with the related Code of Federal Regulations (C.F.R.) and to be con - sistent with current practices for the school nutrition programs administered by the CDE.

The CDE also determined that a need for a definition of fluid milk substitutes, as the National School Lunch and School Breakfast Programs allow for the provision and reim - bursement of fluid milk substitutes served to students who require this type of beverage due to a disability or medical need. The CDE also determined that

article 3 should be re- pealed. These six CCR sections are related to the Nu - trition Education and Training (NET) program, which was established under the Child Nutrition Act of 1966 (Child Nutrition Act), Public Law 89–642. Under 42 U.S.C.

section 1787, effective January 4, 1995, funds were authorized to make grants to all states for a nu -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 416 trition education program that targets school children, teachers, parents, and food service workers. Between its inception in 1977 and 1994, the NET program had time–limited authorization and funding (averaging $5 million per year), which was provided via annu - al appropriations. In 1994, the Child Nutrition Act was amended by Public Law 103–448 to make NET permanent and funding of $10 million annually was mandated for the program. However, on August 22, 1996, the Child Nutrition Act was amended by Public Law 104–193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and repealed 42 U.S.C.

section 1787, restored NET to temporary status, and again made funding for it subject to ap - propriations. The Personal Responsibility and Work Opportunity Act categorized NET as a discretionary spending program. Since mandatory funds cannot be used to fund a dis- cretionary program, NET has been without a funding source since Federal Fiscal Year (FFY) 1996–1997. Due to the lack of a federal funding source since FFY 1996–1997, and the fact that NET has not been fund - ed since FFY 1997–1998, the relevant 5 CCR sections 15530, 15531, 15532, 15533, 15534 and 15535 are pro- posed to be deleted. In 1991, the SBE adopted 5 CCR,

section 4610. This

section provides the purpose and scope of the Uniform Complaint Procedures for the child nutrition programs administered by the CDE. In 2020, the SBE adopted

article 7 of 5 CCR, which included sections 15580, 15581, 15582, 15583 and 15584. These sections define the scope of the

article 7, describe the process for filing a complaint, state the requirement to refer complaints to the U.S. Department of Agriculture (USDA), and define the local education agency investigation pro - cedures and complainant appeal rights to the CDE as well as the CDE investigation and appeal procedures.

Article 7 was adopted to implement Education Code

section 33315(a) (2) regarding complaints relating to child nutrition programs established pursuant to Ed - ucation Code sections 49490 through 49570. In 2020, the Early Childhood Development Act of 2020 (Sen. Bill Number 98, chapter24, Stats 2020) authorized the transfer of childcare and development programs, in - cluding the Child and Adult Care Food Program, ad - ministered by the CDE to the California Department of Social Services effective July 1, 2021.

Therefore, upon review of this regulation in 5 CCR, the SBE de - termined that an amendment is necessary to bring sec- tion 4610 in 5 CCR into alignment with current state law and Education Code. Policy Statement Overview Articles 2, 3 and 4 of 5 CCR have not been updated since their adoption in

Article 6 of 5 CCR has not been updated since its adoption in 2008. Amend - ments are necessary to bring these regulations into alignment with the related C.F.R. and to be consistent with current practices for the school nutrition pro - grams administered by the CDE.

Anticipated Benefits of the Proposed Regulation The anticipated benefits from updating the regula - tions are:(1) effective and consistent implementation of school nutrition program requirements statewide; (2) alignment with CDE nutrition program procedures, federal regulations, and state statutes; (3) consistency between federal and state regulations and statutes and (4) repealing state regulations pertaining to federal programs that are no longer receiving funding.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations The CDE reviewed all state regulations relating to the school nutrition programs and found that the proposed amended regulations are not inconsistent/ incompatible with existing regulations, pursuant to Government

section 11346.5(a) (3) (D). INCORPORATION BY REFERENCE The U.S. Department of Agriculture’s Food Buy - ing Guide for Child Nutrition Programs, sections 1, 2, and 3, dated February 28, 2020, and

section 4, dat - ed on May 31, 2022, are hereby incorporated by ref - erence and can be found on the USDA Food Buying Guide web page at https://www.fns.usda.gov/tn/food– buying–guide or by requesting a copy from the Regu- lations Coordinator DISCLOSURES REGARDING THE PROPOSED ACTION/ FISCAL IMPACT The SBE has made the following initial determinations: There are no other matters as are prescribed by stat- ute applicable to the specific state agency or to any specific regulations or class of regulations. Mandate on local agencies and school districts: None. Costs to any local agencies or school districts for which reimbursement would be required pursuant to

Part 7 (commencing with

section 17500) of division 4 of the Government Code: None. Cost or savings to any state agency: None. Other non–discretionary costs or savings imposed on local agencies, including local educational agen - cies: None. Costs or savings in federal funding to the state: None. Effect on housing costs: None. Significant, statewide adverse economic impact di - rectly affecting business including the ability of Cali - fornia businesses to compete with businesses in other states: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 417 Cost impacts on a representative private person or business: The SBE is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Report required: The proposed regulations do not require a report to be made.

Effect on small businesses: The amended and pro - posed regulations would not have an effect on any small business because they are designed to update and clarify current school nutrition program require - ments and procedures and will not result in the expan- sion or the elimination of small businesses currently doing business within the State of California. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment — Gov. Code

Section 11346.5(a) (10): The SBE concludes that it is unlikely that these proposed regulations will: 1) create or eliminate jobs within California; 2) create new businesses or elimi - nate existing businesses within California; or 3) affect the expansion of businesses currently doing business within California. Benefits of the Proposed Action: The amended and proposed regulations will have no adverse effect nor benefit on the health and welfare of California resi - dents, worker safety, or the State’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The SBE invites interested persons to present state - ments or arguments with respect to alternatives to the proposed regulations during the written comment period. CONTACT PERSONS Inquiries concerning the content of these proposed regulations should be directed to: David Jang, Nutrition Services Division California Department of Education 1430 N Street, Room Sacramento, CA 95814 Telephone: 916–327–3952 Email: djang@cde.ca.gov Inquiries concerning the regulatory process may be directed to Lorie Adame, Regulations Coordinator, or the backup contact person, Gerri White, Analyst.

The Regulations Coordinator and the Regulations Analyst may be reached by email at regulations@cde.ca.gov or by telephone at 916–319–0860. AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND INFORMATION As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulations, the Initial State - ment of Reasons (ISOR), the agenda and a recording of the SBE meeting where the SBE approved com - mencement of this rulemaking activity, and Fiscal and Economic Impact Statement (STD. 399).

These docu- ments on which the proposed action is based may be obtained from the Regulations Coordinator. In addi - tion, this Notice, the text of the proposed regulations and the ISOR may also be viewed on CDE’s website at http://www.cde.ca.gov/re/lr/rr/. AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SBE may adopt the proposed regulations substantially as described in this Notice or may modify the proposed regulations if the modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified regulation will be available to the public for at least 15 days prior to its adoption from the Regulations Coordinator and will be mailed to those persons who submit written comments related to this regulation, or who provide oral testimony at the public hearing, or who have requested notification of any changes to the proposed regulations. The SBE will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 418 AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE You may obtain a copy of the Final Statement of Reasons, once it has been finalized, by making a writ- ten request to the Regulations Coordinator. All the information on which the proposed regu - lations are based is in the rulemaking file available for public inspection by contacting the Regulations Coordinator.

AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications highlighted, as well as the Final Statement of Reasons, when completed, and modi - fied text, if any, can be accessed via CDE’s website at http://www.cde.ca.gov/re/lr/rr/. TITLE 10.

DEPARTMENT OF INSURANCE REG–2024–00007 REVISIONS TO CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN PLAN OF OPERATIONS SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara (“Commissioner”) will hold a public hearing to ad - dress the proposed amendments to the California Au - tomobile Assigned Risk Plan (“CAARP” or “Plan”) of Operations. California Code of Regulations, Title 10,

Chapter 5,

Section 2498.4.9 references this plan. AUTHORITY TO ADOPT RATES AND REFERENCES The Commissioner will consider the proposed changes pursuant to the authority vested in him by Insurance Code

Section 11620 of the California Insur- ance Code. The Commissioners decision on the pro - posed changes will implement, interpret and makes specific the requirements of Insurance Code

Section 11624(e). Insurance Code

Section 11620(

c) applies to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the proposed changes at the following date, time, and place: Date and Time: June 19, 2024 1:00 p.m. Location: Department of Insurance Hearing Room 1901 Harrison Street 3rd Floor Oakland, CA 94612 ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments.

Per - sons with sight or hearing impairments are request - ed to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary. WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (510) 238–7830 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538–4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear - ing, must be received by the Insurance Commissioner

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 419 at the address listed above no later than 5:00 p.m. on June 19, 2024. Any written materials received after that time will not be considered. Written comments may also be submitted to the contact person by email or facsimile transmission. Please select only one meth- od to submit written comments.

ADVOCACY OR WITNESS FEES Persons or groups representing the interest of con - sumers may be entitled to reasonable advocacy fees, witness fees, and other reasonable expenses, in accor- dance with the provisions of California Code of Regu- lations, Title 10, Sections 2662.1–2662.6 in connection with their participation in this matter. Interested per - sons must submit a Petition to Participate, as specified in California Code of Regulations, Title 10,

Section 2661.4. The Petition to Participate must be submitted to the Commissioner at the Office of the Public Advi- sor at the following address: California Department of Insurance Office of the Public Advisor 300 Spring Street 12th Floor Los Angeles, CA 90013 Telephone: (213) 346–6635 A copy of the Petition to Participate must also be submitted to the contact person for this hearing (listed above). For further information, please contact the Of- fice of the Public Advisor.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CA 24–04 When coverage for an additional or replacement ve- hicle is requested, a Policy Change Request form must be completed by the producer and submitted direct - ly to the assigned insurer. Upon receipt of the Policy Change Request form, the assigned insurer endorses the in–force Plan policy. It then issues the identifica - tion cards. Temporary insurance identification cards are not issued at the time of the request for a policy change.

CAARP proposes allowing the producer with the option to issue a Temporary Insurance Identification Card to the insured when a vehicle is added or replaced and submit a copy along with the Policy Change Re - quest form to the assigned insurer. Saving time and confusion for the insured. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes. LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts.

MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 T H ROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code would require reimbursement, or in other nondiscretionary costs or savings to local agencies. COST OR SAVINGS TO ANY STATE AGENCY; FEDERAL FUNDING The Commissioner has determined that the applica- tion will result in no cost or savings to any state agency and no cost or savings in federal funding to the state.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES AND THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE The Commissioner has initially determined that the proposal will not have a significant statewide ad - verse economic impact directly affecting businesses, including the ability of California businesses to com - pete with businesses in other states. This proposal will have no effect on the creation or elimination of jobs in California, the creation of new businesses, the elimi - nation of existing businesses in California, or the ex - pansion of businesses in California.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 420 IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses. SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment.

ALTERNATIVES The Insurance Commissioner must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is pro - posed or would be as effective and less burdensome to affected private persons than the proposed action. PLAIN ENGLISH The application describing the proposal is in plain English. However, the application itself is based on technical actuarial principles.

TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this notice. The Initial Statement of Reasons, Notice of Proposed Action and Regulation Text are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above. Further details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below.

FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or email request to the contact person listed above, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared. A copy of the Final Statement of Reasons will also be posted on the Department’s web site.

ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental information contained in the rulemaking file by contacting the con- tact person listed above. By prior appointment , the rulemaking file is available for inspection at 1901 Har- rison Street, Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Digest is being sent to all persons on the Insurance Commissioner’s mailing list.

AVAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on - line and may be accessed through the Department’s website at www.insurance.ca.gov. AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 10.

DEPARTMENT OF INSURANCE REG–2024–00006 REVISIONS TO CALIFORNIA LOW COST AUTOMOBILE PLAN OF OPERATIONS SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara (“Commissioner”) will hold a public hearing to ad - dress the proposed amendments to the proposed amendments to the California Low Cost Automobile (“CLCA”) Plan of Operations. California Code of Regulations, Title 10,

Chapter 5,

Section 2498.6 refer- ences this plan. AUTHORITY TO ADOPT RATES AND REFERENCES The Commissioner will consider the proposed changes pursuant to the authority vested in him by Insurance Code

Section 11620 of the California Insur- ance Code. The Commissioners decision on the pro - posed changes will implement, interpret and makes

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 421 specific the requirements of Insurance Code

Section 11624(e). Insurance Code

Section 11620(

DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear - ing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on June 19, 2024 . Any written materials received after that time will not be considered. Written comments may also be submitted to the contact person by email or facsimile transmission. Please select only one meth- od to submit written comments.

ADVOCACY OR WITNESS FEE Persons or groups representing the interest of con - sumers may be entitled to reasonable advocacy fees, witness fees, and other reasonable expenses, in accor- dance with the provisions of California Code of Regu- lations, Title 10, Sections 2662.1–2662.6 in connection with their participation in this matter. Interested per - sons must submit a Petition to Participate, as specified in California Code of Regulations, Title 10,

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW LC 24–05 When coverage for an additional or replacement ve- hicle is requested, a Policy Change Request form must be completed by the producer and submitted direct - ly to the assigned insurer. Upon receipt of the Policy Change Request form, the assigned insurer endorses the in–force Plan policy. It then issues the identifica - tion cards. Temporary insurance identification cards are not issued at the time of the request for a policy change.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 422 COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes. LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 T H ROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

COST IMPACTS ON PRIVATE PERSONS OR ENTITIES The Insurance Commissioner has initially deter - mined that the proposal will not affect private person or entities. IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter - mined that the application will not affect housing costs. IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses. SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 423 ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental information contained in the rulemaking file by contacting the con- tact person listed above. By prior appointment , the rulemaking file is available for inspection at 1901 Har- rison Street, Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday.

AUTOMATIC MAILING A copy of this Notice, including the Informative Digest is being sent to all persons on the Insurance Commissioner’s mailing list. AVAILABILITY OF DOCUMENTS ON T HE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on - line and may be accessed through the Department’s website at www.insurance.ca.gov.

AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 11. D EPARTMENT OF JUSTICE DIVISION 5. F IREARMS REGULATIONS

CHAPTER 2. C ENTRALIZED LIST OF FIREARMS DEALERS The Department of Justice (Department) proposes to adopt

section 4027 of title 11, division 5,

chapter 2 of the California Code of Regulations concerning a dealer’s verification of a purchaser’s hunting license. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed regulatory action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested per - son, or their authorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action.

The written comment pe - riod closes on May 29, 2024 at 5:00 p.m. Only written comments received by that time will be considered. Please submit written comments to: Q. Farris Department of Justice P.O. Box 160487 Sacramento, CA 95816 (916) 210–2377 bofregulations@doj.ca.gov NOTE: Written and oral comments, attachments, and associated contact information (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority:

Section 28215, Penal Code. Reference: Sections 16685, 27510, 28215 and 28220, Penal Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: Existing law prohibits the sale or transfer of a fire - arm to any person who does not have a firearm safety certificate. (Pen.

Code, §§ 3 1615, 31700.) 1 Existing law also prohibits the sale or transfer of a firearm by a li - censed firearm dealer to a person under 21 years of age. (§ 27505.) Existing law exempts from these provisions the sale, transfer, purchase, or receipt of a firearm, other than a handgun, to or by a person without a firearm safe - ty certificate, but in possession of a valid, unexpired hunting license, or a recently expired hunting license, as specified. (§ 3 1700, subdivision (c).) Existing law also allows the sale or transfer of a firearm, other than a handgun, semiautomatic centerfire rifle, completed frame or receiver, or firearm precursor part to a person 18 years of age or older who possesses a valid, unex - pired hunting license. (§ 27510, subdivision (b) (1).) Effective January 1, 2022, Senate Bill 715 defines a valid and unexpired hunting license as a hunting li - cense issued by the Department of Fish and Wildlife for which the time period authorized for the taking of birds or mammals has commenced but not expired. (§ 1 6685.) In addition, Penal Code

section 31700 was 1 All statutory citations are to the Penal Code unless otherwise noted.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 424 amended to no longer allow a person with a hunting license from the immediately preceding year to be ex- empt from the firearm safety certificate requirement in Penal Code

section 31615, subdivision (a).

As relevant here, the SB 715 prohibits a dealer from delivering a firearm if they are unable to confirm the hunting license is valid and unexpired upon visual in - spection. (§ 2 8215, subdivision (a) (5).) The dealer must also record the license document number, the GO ID issued by the Department of Fish and Wildlife, and the dates valid as listed on the hunting license. (§§ 2 8210, 28215, subdivision (a) (4).) Commencing July 1, 2025, the Department shall verify the validity of the purchaser’s hunting license with the Department of Fish and Wildlife. (§ 2 8220, subdivision (a) (2).) If the Department is unable to as - certain the validity of the hunting license, the Depart - ment shall immediately notify the dealer to cancel the sale of the firearm. (§ 2 8220, subdivision (f) (5).) The Department shall notify the purchaser by mail that the hunting license was not valid and unexpired or the De- partment of Fish and Wildlife was unable to verify the license based upon the information provided. (Ibid.) These new safety requirements were established in response to the Poway Shooting.

In April 2019, a 19– year–old armed with a semi–automatic rifle opened fire at a synagogue in Poway, California killing one person. The shooter obtained a semi–automatic fire - arm, despite being under the age of 21, with a hunting license that was not yet valid. (Assem. Com. on Appro- priations, Rep. on Sen. Bill Number 715 (2021–2022) Reg. Sess. as amended June 21, 2021, p. 2.) Effect of the Proposed Rulemaking: The proposed regulation creates the procedure for a dealer or salesperson to confirm the validity of a hunting license and report the document number, GO ID, and dates valid to the Department.

The dealer or salesperson will also confirm that they visually in - spected the license, and that it is valid and unexpired. The dealer or salesperson will report this information electronically via the Dealer Record of Sale (DROS) Entry System (DES). 2 Anticipated Benefits of the Proposed Regulations: The proposed regulations describe the procedure for a dealer or salesperson to meet their obligation of recording the document number, GO ID, and dates valid listed on the hunting license.

Commencing July 1, 2025, the Department will use this information to verify the validity of the purchaser’s hunting license with the Department of Fish and Wildlife. This regula- tion protects public safety by implementing a statutory 2 The Department maintains the DES, a web–based application used by firearms dealers to report the sale, loan, transfer, redemp - tion, and acquisition of handguns and long guns to the Depart - ment, as required by state law. (§ 2 8205; Cal.

Code Regs., title 11, § 4200 et seq.) requirement that persons under 21 years old may only purchase or receive a firearm if the dealer or salesper- son verifies that the person’s hunting license is valid and unexpired. Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to these proposed regulations. Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department has determined that these proposed regulations are not inconsistent or incompatible with existing State regulations.

After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern the dealer’s verification of a purchaser’s hunting license. Forms Incorporated by Reference: None. Other Statutory Requirements: None. DISCLOSURES REGARDING THE PROPOSED ACTION The Department’s Initial Determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: Th e D e p a rt- ment estimates $146,198 in additional expenditures in the current Fiscal Year.

Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on representative person or business: The Department estimates that a representative pri - vate person or business will necessarily incur $1.33 to complete and submit the required report. The average firearms dealer will face the above scenario approxi - mately three times a year. Significant effect on housing costs: None.

Significant, statewide adverse economic impact di - rectly affecting businesses, including ability to com - pete: The Department has made an initial determina - tion that the proposed action will not have a signifi - cant, statewide adverse economic impact directly af - fecting businesses, including the ability of California businesses to compete with businesses in other states.

Results of the Economic Impact Assessment (EIA): The Department concludes that it is (1) unlikely that the proposal will create or eliminate jobs within the state, (2) unlikely that the proposal will create new businesses or eliminate existing businesses within the state, (3) unlikely that the proposal will result in

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 425 the expansion of businesses currently doing business within the state. The Department also concludes that:

(1) The proposal would benefit the health and welfare of California residents by creating a procedure for a dealer or salesperson to verify that the hunt- ing license is valid and unexpired, and to report to the Department the document number, GO ID, and dates valid listed on the hunting license. The regulation would protect public safety by im- plementing a requirement that persons under 21 years old may only purchase or receive a firearm if the dealer or salesperson verifies that the per - son’s hunting license is valid and unexpired.

(2) The proposal would not benefit worker safety be- cause it does not regulate worker safety standards.

(3) The proposal would benefit the state’s environ - ment by establishing an electronic format for the required report and thereby preventing paper waste. Business report requirement: The Department finds it is necessary for the health, safety or welfare of the people of this state that proposed

section 4027, which requires a report, applies to businesses. Small business determination: The Department has determined that this proposed action affects small businesses. Requiring the dealer to notify the Depart - ment electronically via the DES is the easiest way to make sure that the dealer provides all required infor - mation. Dealers are already familiar with using the DES to report transactions to the Department. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Department must determine that no reasonable alternative considered by the Department or that has otherwise been iden - tified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed or would be as ef - fective and less burdensome to affected private per - sons than the proposed action or would be more cost– effective to affected private persons and equally ef - fective in implementing the statutory policy or other provision of law.

The Department has determined that the proposed regulation is the most effective way for a dealer or salesperson to report the document number, GO ID, and dates valid listed on the hunting license. Requir - ing the dealer or salesperson to notify the Department electronically via the DES is the least burdensome way to make sure they provide all required informa - tion. Dealers are already familiar with using the DES to report transactions to the Department. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Q. Farris Department of Justice P.O.

Box 160487 Sacramento, CA 95816 (916) 210–2372 bofregulations@doj.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person. In the event the contact person is unavailable, inquiries regarding the pro - posed action may be directed to the following backup contact person: G. Mac Department of Justice P.O.

Box 160487 Sacramento, CA 95816 (916) 210–2153 bofregulations@doj.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process upon request to the contact person above.

As of the date this Notice of Proposed Rulemaking (Notice) is published in the Notice Reg - ister, the rulemaking file consists of this Notice, the Text of Proposed Regulations (the “express terms” of the regulations), the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based. The text of this Notice, the express terms, the Initial Statement of Reasons, and any informa - tion upon which the proposed rulemaking is based are available on the Department’s website at https:// oag.ca.gov/firearms/regs.

Please refer to the contact information listed above to obtain copies of these documents. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the Department analyzes all timely and rel - evant comments received during the 45–day public comment period, the Department will either adopt these regulations substantially as described in this notice or make modifications based on the comments. If the Department makes modifications which are sufficiently related to the originally–proposed text, it

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 426 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 re - vised. Please send requests for copies of any modified regulations to the attention of the name and address indicated above. The Department will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Department’s web- site at https://oag.ca.gov/firearms/regs. Please refer to the contact information included above to obtain a written copy of the Final Statement of Reasons. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based are available on the Department’s website at https://oag.ca.gov/firearms/regs. TITLE 14.

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY AB 1311 ALTERNATIVE

SCHEDULE PERMANENT REGULATIONS NOTICE IS HEREBY GIVEN that the Department of Resources Recycling and Recovery (CalRecycle) proposes to amend the California Code of Regula - tions, Title 14, Division 2,

Chapter 5, Subchapter 2, commencing with

Section 2030. CalRecycle also proposes to amend Subchapter 6, commencing with

Section 2500, and to add

Section 2503. The proposed regulations are intended to clarify the eligibility pro - cess for which certified recycling centers can apply to operate on an alternative schedule. After considering all comments, objections, and recommendations re - garding the proposed action, CalRecycle may adopt the proposals substantially as described in the below Informative Digest or may modify such proposals if such modifications are sufficiently related to the orig- inal text.

PUBLIC HEARING CalRecycle will hold a hybrid public hearing start - ing at 10:00 a.m. (PDT) on May 29, 2024 and conclud- ing upon submission of any public hearing comments. The public hearing will be accessible in person in the Byron Sher Auditorium located on the 2 nd floor of the CalRecycle headquarters at 1001 I Street, Sacramento, California. The Byron Sher Auditorium is wheelchair accessible. The public hearing will also be accessible virtually via Zoom for direct participation and via Webcast for observation only.

Instructions for how to access the Zoom public hearing (registration required) or Webcast (no registration required), can be found on CalRecycle’s website at https://calrecycle.ca.gov/ Laws/Rulemaking/. Please note that Webcast participants will not be able to provide comments during the public hearing. To participate remotely and provide comments, it is recommended to join via Zoom. No registration is necessary to view the Webcast. At the public hearing, any person may present state- ments or arguments, orally or in writing, relevant to the proposed action.

CalRecycle requests, but does not require, that any person who makes oral comments also submit a written copy of their testimony at the hearing. All comments at the public hearing will be collected and recorded. Simultaneous Spanish

interpretation will be avail - able in–person at the public hearing and remotely via Zoom or Webcast. For in–person

interpretation ser - vices, headsets will be available and can be provid - ed by CalRecycle staff prior to or during the hearing. If

interpretation services are needed in a language other than Spanish, please notify CalRecycle at regulations@calrecycle.ca.gov by May 20, 2024, and CalRecycle staff will do their best to accommodate this request. WRITTEN COMMENT PERIOD The written comment period permits any interested person, or their authorized representative, to submit written comments addressing the proposed amend - ments to CalRecycle. Written comments, which offer a recommendation and/or objection, or support the proposed regulations, should indicate the

section to which the comment or comments are directed. Cal - Recycle will only consider written comments sent to CalRecycle and received during the written comment period, which begins on April 12, 2024, and ends on May 29, 2024. Written comments received by CalRe - cycle after the close of the public comment period are considered untimely. CalRecycle may, but is not re - quired to, respond to untimely comments, including those raising significant environmental issues. Com - ments submitted in writing must be addressed to one of the following:

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 427 Postal mail: Csilla Richmond AB 1311 Alternative

Schedule Permanent Regulations Department of Resources Recycling and Recovery, Regulations Unit 1001 “I” Street, MS–24B Sacramento, CA 95814 Electronic submittal: AB 1311 Alternative

Schedule Regulations (45–Day Public Comment Period) AUTHORITY AND REFERENCES Public Resources Code Sections 14530.5, 14536, and 14539 provide authority for this regulation. The pur - pose of the proposed actions is to implement, inter - pret, and make specific law(

s) related to the implemen- tation and administration of the Beverage Container Recycling Program related to the operational hours of certified recycling centers. The following is a list of references cited in this proposed regulation: Pub - lic Resources Code Sections 14501, 14511.7, 14513.4, 14514.7, 14515.6, 14525.5.1, 14526.6, 14538, 14539, 14540, 14541, 14552, 14571, 14571.3, 14571.8, 14572, 14572.5, and 14585. INFORMATIVE DIGEST

Summary of Existing Laws and Effect of the Proposed Action The California Beverage Container Recycling and Litter Reduction Act (Act) (Chapter 1290, Statutes of 1986) was established to promote beverage container recycling and reduce litter by utilizing the California Refund Value (CRV) deposit and return system. Con- sumers pay the CRV when purchasing beverages in containers subject to the program. The CRV deposit is returned to the consumer when they redeem the empty beverage container at a certified recycling center.

The Act requires CalRecycle to designate conve - nience zones located within a one–mile radius from a supermarket that has gross annual sales of $2 million or more and is considered a “full–line” store selling dry groceries, canned goods, or non–food items and some perishable items. The Act requires that each convenience zone be served by at least one certified recycling center in or - der to provide consumers convenient opportunities to redeem CRV beverage containers near places where beverages are purchased. If there is no recycling cen - ter within a convenience zone, the zone is considered unserved.

Beverage dealers (retailers that sell bever - ages in beverage containers) in unserved zones must either redeem empty CRV containers in–store or pay a daily $100 fee. The Act and related regulations require that certified recycling centers be operational for a pe- riod of not less than 30 hours per week if not located in a rural area. This requirement does not take into consideration unique business needs, flexibility for emergencies, or consumer desires.

Recycling center operators have made requests to CalRecycle to be allowed to close temporarily due to wildfires, the global coronavirus (COVID–19) pan - demic, or even to reduce their business hours just to meet community needs. Except in the Governor’s Executive Order issued during the beginning of the COVID–19 pandemic, CalRecycle has been unable to allow such flexibility. This puts an unreasonable bur - den on small businesses or family–owned businesses, which most recycling center operators fall into. Assem. Bill Number 1311 (Reg.

Sess. 2021–2022) (AB 1311) provided language to allow this much need- ed flexibility in specific situations, while still providing consumers convenient opportunities for redemption. These regulations will amend

section 2030 of ti - tle 14 of the California Code of Regulations (CCR) to remove the prohibition on a recycling located in a convenience zone from operating less than 30 hours per week, establish and list criteria for CalRecycle ap- proval for a recycling center to operate less than 30 hours per week. These regulations will amend

section 2045 of title 14 of the CCR to put in place requirements for a recy- cling center apply for an alternative schedule, to allow a recycling center application to be approved with - out an alternative schedule, and to make other non– substantial or ordering conforming changes. These regulations will amend

section 2500 of title 14 of the CCR to delete a 15 hour requirement for a recycling center to operate other than Monday through Friday 9 a.m. to 5 p.m., deletes a hearing requirement that was superseded by Sen. Bill Number 332 (Reg. Sess. 1999–2000), and makes other non–substantial or conforming changes These regulations will add

section 2503 of title 14 of the CCR to define “family–owned business”, “nat - ural disaster”, “small business”, “state of emergency”, establish the two types of alternative schedules, add forms to request an alternative schedule, establish timeframes for CalRecycle review of an alternative

schedule request, establish criteria for qualifying to make an alternative

schedule request, clarify what happens in the event of an incomplete request for an alternative schedule, add regulatory mechanisms for lowering or raising the amount of hours in an alterna - tive schedule, establish signage requirements for the approved alternative schedule, establish criteria for the denial of a request for an alternative schedule, and establish a method for when CalRecycle may issue a general notice in certain circumstances for a group of recycling centers to be on an alternative schedule.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 428 These regulations will amend

section 2516 of title 14 of the CCR to clarify that a recycling center operating under an approved alternative

schedule is not eligible for handling fees. Existing regulations generally use the phrase “of these Regulations” after citing to a

section of the regulations. These regulations will generally make conforming changes to remove “these regulations” in any

section being amended in this rulemaking action. Sen. Bill Number 353 (Reg. Sess. 2023–2024) (SB 353) provided that the department, instead of the Di - vision of Recycling within the department, succeeds to and is vested with the specified authority, duties, powers, purposes, responsibilities, and jurisdiction that once belonged to the Department of Conservation regarding the Act. These regulations will change “Division” to “de - partment” in the above specified regulation sections to more accurately reflect which entity is actually vested with the authority to enforce the Act as most recently amended by SB 353.

Policy Statement Overview/Anticipated Benefits of Proposal The goal of AB 1311 is to help certified recycling centers by providing more flexibility and expanding eligibility for recycling centers to operate on an alter - native

schedule other than the

schedule established in PRC 14571(a)–(b).

The proposed regulations and amendments to exist- ing regulations provide the following benefits that are aligned with the goals of AB 1311: ● Allow flexibility for recycling centers to operate on alternative schedules. ● Reduce recycling center closures by allowing ex- isting certified recycling centers to stay in oper - ation rather than closing when working less than 30 hours a week. ● Benefits to the environment as operational recy - cling centers help reduce litter by collecting and sorting plastics and glass containers. ● Benefits to the health and safety of workers by al- lowing recycling centers to close during natural disasters and states of emergency reduces the risk of employees being exposed to unhealthy or dan- gerous situations. ● Reduce labor needs and cost for recycling centers in situations where operators are unable to find adequate staffing to operate 30 hours a week.

Consistency With State Regulations Pursuant to Government Code

Section 11346.5(a) (3) (D), CalRecycle conducted an evaluation of existing state regulations. CalRecycle determined that the proposed regulations are neither inconsistent nor incompatible with existing state regulations and that CalRecycle is the only agency that can implement this proposed regulation. INCORPORATION BY REFERENCE No documents or forms are incorporated by refer - ence in the proposed regulation.

EXISTING COMPARABLE FEDERAL REGULATION OR STATUTE CalRecycle has determined that the proposed regu - lations do not significantly differ from federal law be- cause there are no existing comparable federal statutes or regulations in this subject area. OTHER STATUTORY REQUIREMENTS (GOVERNMENT CODE

SECTION 11346.5(a) (4)) CalRecycle has determined that no other matters, as prescribed by statute, need to be addressed. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS CalRecycle has determined that the proposed regu - lations do not impose a mandate on local agencies or school districts. FISCAL IMPACT Local Agencies or School Districts Subject to Reimbursement CalRecycle has determined that the proposed reg - ulations do not result in costs to any local agency or school district that must be reimbursed pursuant to

Section 6 of

Article XIII B of the California Constitu- tion and

Part 7 of Division 4 of the Government Code

Section 17500 et seq. Cost or Savings to Any State Agency CalRecycle has determined that adoption of these regulations does not have a cost to state agencies. Non–Discretionary Cost or Savings Imposed Upon Local Agencies CalRecycle has determined that there are not non– discretionary costs or savings imposed upon any local agencies. Cost or Savings in Federal Funding to the State CalRecycle has determined that adoption of these regulations will not have an impact on costs or savings in federal funding to the State.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 429 HOUSING COSTS CalRecycle has determined that adoption of these regulations will not have a significant effect on hous - ing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS CalRecycle has determined that the proposed reg - ulations will not have a significant, statewide adverse economic impact directly affecting business, includ - ing the ability of California businesses to compete with businesses in other states.

CalRecycle relied on the Division of Recycling Integrated Information Sys- tem and conversations with subject matter experts in the Division to support this determination. This pro - posal is not intended to create, expand, or eliminate businesses within the State of California. The scope of the proposed regulations is limited to developing and implementing a process pursuant to which certified recycling centers can voluntarily apply to CalRecycle for authorization to operate on an alternative schedule.

RESULTS OF ECONOMIC IMPACT ASSESSMENT Creation or Elimination of Jobs within the State of California CalRecycle has determined that the proposed action will not create or eliminate jobs within California. Creation of New Businesses or Elimination of Existing Businesses within California CalRecycle has determined that the proposed action will not create new businesses or eliminate existing businesses within California. Expansion of Businesses Doing Business within the State CalRecycle has determined that the proposed action will not create an expansion of business doing busi - ness within California.

Benefits to the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment CalRecycle has determined that the proposed ac - tion will provide benefits to the health and welfare of California residents, worker safety, and the state’s environment. These regulations will provide potential benefits to both the health and welfare of California residents and the state’s environment by allowing recycling cen - ters the flexibility to stay open under an alternative

schedule or temporarily close without the requirement to decertify and reapply for certification, and thus en - suring that more recycling centers can serve residents and continue to divert beverage containers from land - fills in a manner that addresses concerns for a family– owned or small business recycling center. The proposed regulations will benefit worker safety by allowing recycling centers to close during a natural disaster or state of emergency, ensuring that workers can stay home and protect their own safety in such situations.

COST IMPACTS TO REPRESENTATIVE PRIVATE PERSON OR BUSINESS Recycling centers will be directly impacted by the regulations and will incur costs associated with filling out the forms and providing appropriate documenta - tion. These costs are estimated to be a combined to - tal of $4245.30 over a span of 5 years split among all the certified recycling centers, which would result in a cost of $8.01 annually per recycling center for a span of 5 years. BUSINESS REPORT The proposed regulation does not require a report, nor does a reporting requirement apply to businesses.

DETERMINATION OF EFFECT ON SMALL BUSINESS CalRecycle has determined that the proposed regu - lations will affect small businesses. AB 1311 requires that CalRecycle allow a subset of recycling centers, those that are family–owned or are a small business, to be allowed the option to imple - ment an alternative schedule. CalRecycle estimates that 70% of recycling centers in California are consid- ered small business, as most employ fewer than 100 people; however, the legislation requires CalRecycle to make a determination that such a

schedule does not significantly decrease the ability of consumers to conveniently return beverage containers for the re - fund. As a result, CalRecycle is further defining small businesses for the purpose of alternative schedules to cover more than 70% of the recycling center operators, thereby allowing them to meet the small business defi- nition of this section. Recycling centers will be directly impacted by the regulations and will incur costs associated with filling out the forms and providing appropriate documenta - tion.

These costs are estimated to be a combined to - tal of $4245.30 over a span of 5 years split among all the certified recycling centers, which would result in a cost of $8.01 annually per recycling center for a span of 5 years. One of the reasons that the costs are relatively small is that this process is only for recycling centers that

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 430 want to operate for fewer than 30 hours a week; since recycling centers make more money based on the vol- ume of material collected in direct correlation to how many hours a recycling center is open to the public, it is likely only a small portion of recycling centers will apply for an alternative schedule. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

CalRecycle invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period, or at the scheduled public hearing. CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Csilla Richmond AB 1311 Alternative

Schedule Permanent Regulations Department of Resources Recycling and Recovery, Regulations Unit 1001 I Street, MS–24B Sacramento, CA 95814 Phone: (916) 327–0089 Email: regulations@calrecycle.ca.gov A V AILABILITY STATEMENTS Availability of Initial Statement of Reasons, Text of Proposed Regulations, Information Upon Which this Proposal is Based, and Rulemaking File CalRecycle will have the entire rulemaking file, the express terms of the proposed regulations, and all information that provides the basis for the proposed action, available for public inspection and copying during normal business hours at the address provided above.

As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the text of the proposed regulations, the Ini - tial Statement of Reasons, the documents relied upon for the proposed action, and the economic and fiscal impact statement. Copies may be obtained by contact- ing the contact persons at the address, email, or phone number listed above. Availability of Modified Text CalRecycle may adopt the proposed regulations substantially as described in this Notice.

If CalRecy - cle makes substantial changes to the originally pro - posed text, it will make the modified text, with the changes clearly indicated, available to the public for at least fifteen (15) days before CalRecycle adopts the regulations as revised. Requests for the modified text should be made to the contact persons named above.

CalRecycle will transmit any modified text to all per - sons who testify at the scheduled public hearing, all persons who submit a written comment at the sched - uled public hearing, all persons whose comments are received during the comment period, and all persons who request notification of the availability of such changes. CalRecycle will accept written comments on the modified regulations for fifteen (15) days after the date on which they are made available.

Availability of the Final Statement of Reasons Upon its completion, copies of the Final Statement of Reasons may be obtained by request from the contact persons identified in this Notice or accessed through CalRecycle’s website at www.calrecycle.ca.gov/Laws/ Rulemaking. INTERNET ACCESS For more timely access to the rulemaking file, and in the interest of waste prevention, interested parties are encouraged to access CalRecycle’s Internet webpage for the rulemaking at www.calrecycle.ca.gov/Laws/ Rulemaking. All rulemaking files published through CalRecycle’s internet website will be available on that page.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 15–Z 431 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN t h a t t h e S e c r e- tary of the California Department of Corrections and Rehabilitation (CDCR or department), proposes to amend

Section 3268.3 into Title 15, Division 3, Chap- ter 1, regarding the Field Executive Review Commit - tee (FERC). PUBLIC COMMENT PERIOD The public comment period begins April 12, 2024, and closes on May 28, 2024. Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@ cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the reg - ulations, call the program contact person listed below. CONTACT PERSONS Primary Contact R. Ruiz Telephone: (916) 445–2244 Regulation and Policy Management Branch P.O.

Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Sun Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact A. Olivarez Telephone: (925) 596–3655 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 PUBLIC HEARING Date and Time: May 29, 2024 — 10:00 a.m.–11:00 a.m. Place: Department of Corrections and Rehabilitation Room 150 N 1515 S Street — North Bu

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2024, No. 15
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	aff58beb9b1cc1f3ac7f710b29ca59ae41a9273b

Source file is stored in the law ingest library (pdf).