California Regulatory Notice Register — Register 2022, No. 1-Z (JANUARY 7, 2022)

Cal. Reg. Notice Reg. 2022, No. 1

California Z Register

GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 1-Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW J ANUARY 7, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. ST ATE ALLOCATION BOARD Leroy F . Greene School Facilities Act of 1998; $250 Million Appropriation from the General Fund — Notice File Number Z2021–1228–03 ................................. 1 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING (POST) Minimum Training Standards for Instructors of Post–Certified Specialized Training and Minimum Content Requirements for Instructor Courses (Force Option Simulator) — Notice File Number Z2021–1223–01 ........................... 6 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING (POST) Minimum Training Standards for Instructors of Post–Certified Specialized Training and Minimum Content Requirements for Instructor Courses (Law Enforcement Driving Simulator) — Notice File Number Z2021–1223–02 ................. 8 TITLE 11.

DEP ARTMENT OF JUSTICE Tobacco Grant Program — Notice File Number Z2021–1224–02 ........................................... 11 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Hidden Valley Ranch LLC, Consistency Determination Number 2089–2021–02–01, Shasta River, Siskiyou County ................................................ 13 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Air Toxics Hot Spots Program, Notice of Public Comment Period and Workshop on Draft and Reference Exposure Levels for 1–Bromopropane .................................... 17 (Continued on next page) Time- Dated Material

PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Extension of the Public Comment Period for Proposed Modification of Text Proposed Amendments to

Article 6 Clear and Reasonable Warnings — Short Form ............................. 18

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................... 18 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 1 1346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 1 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. STATE ALLOCATION BOARD THE STATE ALLOCATION BOARD PROPOSES TO AMEND REGULATION

SECTION 1859.90.2, TITLE 2, CALIFORNIA CODE OF REGULATIONS, RELATING TO LEROY F. GREENE SCHOOL FACILITIES ACT OF 1998 REGULATION

SECTION PROPOSED FOR AMENDMENTS: ● 1859.90.2 NOTICE IS HEREBY GIVEN that the State Allocation Board (SAB) proposes to amend the above– referenced regulation section, contained in Title 2, California Code of Regulations (CCR). A public hearing is not scheduled. A public 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 Office of Public School Construction (OPSC) no later than 15 days prior to the close of the written comment period.

Following the public hearing, if one is requested, or following the written comment period if no public hearing is requested, OPSC, at its own motion or at the instance of any interested person, may adopt the proposals substantially as set forth above without further notice. AUTHORITY AND REFERENCE CITATIONS The SAB is proposing to amend the above– referenced regulation

section under the authority provided by

Section 17070.35 of the Education Code. The proposal interprets and make specific reference Sections 17070.41, 17071.75, 17072.12, 17072.30, 17073.10, 17074.16, 17076.10, 17077.40, 17077.42 and 17077.45 of the Education Code. INFORMATIVE DIGEST/POLICY OVERVIEW STATEMENT The Leroy F. Greene School Facilities Act of 1998 established, through Senate Bill 50,

Chapter 407, Statutes of 1998, the School Facility Program (SFP). The SFP provides a per–pupil grant amount to qualifying school districts for purposes of constructing school facilities and modernizing existing school facilities. The SAB adopted regulations to implement the Leroy F. Greene School Facilities Act of 1998, which were approved by the Office of Administrative Law and filed with the Secretary of State on October 8, 1999.

At its September 22, 2021 meeting, the SAB adopted proposed regulatory amendments that would allow it to waive the priority funding request deadlines for projects that are impacted by proceeds from funding sources other than bond funds that become available unexpectedly. Projects for which the priority funding request deadline is waived are still subject to the other provisions of the priority funding process, including the 90–day apportionments and occurrences of non–participation.

Although the Office of Administrative Law (OAL) approved the emergency regulations with an effective date of October 28, 2021, OAL had a concern that new subsection (

e) provided the SAB with too much discretion and required additional criteria by which the SAB can reference and therefore waive the 30– calendar day provision. As part of the Administrative Procedure Act process, OAL requested that the SAB approve language that would provide the clarity needed to address the SAB’s ability to waive the 30– calendar day filing provision. At its December 7, 2021 meeting, the SAB adopted proposed regulatory amendments that addressed OAL ’s concern. These proposed amendments will be processed through the Administrative Procedure Act to become permanent regulations.

Attached to this Notice is the specific regulatory language of the proposed regulatory action, along with the proposed regulatory amendments. The proposed regulation can also be reviewed on OPSC’s website at: https://www.dgs.ca.gov/OPSC/Resources/Page– Content/Office–of–Public–School–Construction– Resources–List–Folder/Laws–and–Regulations . Copies of the proposed regulatory amendments will be mailed to any person requesting this information by using OPSC’s contact information set forth below in this Notice. The proposed regulation amends the SFP Regulations under the California Code of Regulations, Title 2,

Chapter 3, Subchapter 4, Group 1, State Allocation Board, Subgroup 5.5, Regulations relating to the Leroy F. Greene School Facilities Act of 1998.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 2 Background and Problem Being Resolved Assembly Bill (AB) 130,

Chapter 44, Statutes of 2021 [Committee on Budget. Education Finance: Education Omnibus Budget Trailer Bill] was signed by the Governor on July 9, 2021 and included a one–time General Fund appropriation in the amount of $250 million. The SAB has been charged with allocating the one–time General Fund appropriation to eligible new construction and modernization projects until June 30, 2022. In order to maintain the Priority Funding Process and to align future unexpected funding sources with the current structure of the Priority Funding Process, it is necessary to set forth how that allocation process will work.

The Priority Funding Process is a process by which school districts submit certification requests for projects that have received unfunded approvals and are sitting on the Unfunded List (Lack of AB 55 Loans). Priorities in Funding certification requests are submitted twice a year during two specific 30– day filing periods, are good for six months, and the requests indicate a school district’s desire to convert a project’s unfunded approval to an apportionment in date order received.

For example, one of the 30–day filing periods for school districts to submit certification requests began May 12, 2021 and ended June 10, 2021. The certification requests received during this 30– day filing period are valid from July 1, 2021 through December 31, 2021 for school district projects to be eligible for cash from the Spring 2022 General Obligation Bond sale. The next 30–day filing period for school districts to submit certification requests began November 10, 2021 and ended December 9, 2021.

The certification requests received during this 30–day filing period are valid from January 1, 2022 through June 30, 2022 for their projects to be eligible for cash from the Fall 2022 General Obligation Bond sale. In addition to the method of providing funding to convert unfunded approvals as noted above, the one– time $250 million General Fund appropriation is an opportunity for cash to be allocated quicker than expected to the first $250 million in projects placed on the Unfunded List (Lack of AB 55 Loans) and well before the statutory June 30, 2022 deadline.

Projects participating in the November 2021 Priority Funding Process normally receive apportionments from the Spring 2022 bond sale. By using the $250 million for these projects, $250 million from the Spring bond sale will be unallocated. OPSC will then ask school districts receiving unfunded approvals in January through May 2022 if they wish to receive funding sooner than the Fall Bond sale and requiring those school districts to submit a request outside the normal request time period.

By providing the $250 million as early as the January 2022 SAB meeting, allows for that funding to be allocated quicker and allows for the application of cash from the Spring Bond sale to fund projects further down the Unfunded List (Lack of AB 55 Loans) thereby maintaining the integrity of the Priority Funding Process as well as equity amongst school district projects. OPSC performed a search on whether the proposed regulatory amendments were consistent and compatible with existing State laws and regulations.

After performing the search, OPSC, on behalf of the SAB, has determined that there are no other programs or regulations in existence that allow the SAB to allocate General Fund appropriations for the funding of school construction. Therefore, the proposed regulatory amendments are determined to be consistent and compatible with existing State laws and regulations. Proceeding with the implementation of the proposed regulatory amendments will maintain equity amongst school district projects and the integrity of the SFP funding process.

Anticipated Benefits of the Proposed Regulations The proposed regulatory amendments promote transparency because the process of funding SFP projects with unexpected cash proceeds from sources other than bond funds will be clarified in regulation. There are additional benefits associated with these proposed regulatory amendments. School districts can submit certification requests to convert projects with unfunded approvals to apportionments sooner rather than waiting for a future sale of General Obligation Bonds.

Because school districts can receive funding so quickly, manufacturing and construction–related industries such as architecture, engineering, trades and municipalities may expand based on the demand on these industries. This is a positive impact on the state’s economy and may also create an unknown number of jobs. The proposed amendments are therefore determined to be consistent and compatible with existing State laws and regulations.

Proceeding with the implementation of the proposed regulatory amendments aligns with the statute, maintains the integrity of the Priority Funding Process as well as maintains equity amongst school district projects.

Summary of the Proposed Regulatory Amendments Existing Regulation

Section 1859.90.2 authorizes the SAB to establish 30–calendar day certification filing periods to distribute available State school bond funding to school districts that request to convert an unfunded approval to an apportionment. School districts must submit and have in the possession of the OPSC the original signature Form SAB 50–05, “Fund Release Authorization,” within 90 calendar days of the Board’s approval of the apportionment; failure to make this submittal within 90 calendar days will result in rescission of the project without further

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 3 Board action. (For the purposes of this Section, the word “rescission” means the apportionment returns to an unfunded approval status with a new unfunded approval date.

The district will not be required to re–submit the application and no further application review will be required.) School districts wishing to participate must provide a written statement signed by an authorized district representative within the 30–calendar day filing period that contains all the following: ● Request to convert the unfunded approval to an apportionment; and ● Concurrence with the 90 calendar day time limit on fund release; and ● Acknowledgement that failure to submit a valid, original signature Form SAB 50–05, and that it be in the physical possession of the OPSC, within the 90 calendar day time limit will result in the rescission of the Apportionment without further Board action; and ● Acknowledgement that by participating in the priority funding round, the district is waiving its right to a standard 18 month timeline for fund release submittal.

The proposed amendments address the process of funding SFP projects with funds made available from unexpected cash proceeds from sources other than bond funds outside of the Priority Funding Process. The SAB can waive the 30–calendar day filing provision at a public meeting for those school districts that wish to receive available funding sooner rather than waiting for a future sale of General Obligation Bond funds. The proposed amendments do not supersede the Priority Funding Process; rather, the amendments only address those instances when unexpected funding is made available to fund projects under the SFP.

Statutory Authority and Implementation Education Code

Section 17070.35. (

a) In addition to all other powers and duties as are granted to the board by this chapter, other statutes, or the California Constitution, the board shall do all of the following:

(1) Adopt rules and regulations, pursuant to the rulemaking provisions of the Administrative Procedure Act,

Chapter 3.5 (commencing with

Section 11340) of

Part 1 of Division 3 of Title 2 of the Government Code, for the administration of this chapter. Government Code

Section 15503. Whenever the board is required to make allocations or apportionments under this part, it shall prescribe rules and regulations for the administration of, and not inconsistent with, the act making the appropriation of funds to be allocated or apportioned. The board shall require the procedure, forms, and the submission of any information it may deem necessary or appropriate. Unless otherwise provided in the appropriation act, the board may require that applications for allocations or apportionments be submitted to it for approval. Determination of Inconsistency or Incompatibility with Existing State Regulations AB 130,

Chapter 44, Statutes of 2021 [Committee on Budget. Education Finance: Education Omnibus Budget Trailer Bill] was signed by the Governor on July 9, 2021 and included a one–time General Fund appropriation in the amount of $250 million. The SAB has been charged with allocating the one–time General Fund appropriation to eligible new construction and modernization projects until June 30, 2022. In order to maintain the Priority Funding Process and to align future unexpected funding sources with the current structure of the Priority Funding Process, it is necessary to set forth how that allocation process will work.

The Priority Funding Process is a process by which school districts submit certification requests for projects that have received unfunded approvals and are sitting on the Unfunded List (Lack of AB 55 Loans). Priorities in Funding certification requests are submitted twice a year during two specific 30– day filing periods, are good for six months, and the requests indicate a school district’s desire to convert a project’s unfunded approval to an apportionment in date order received.

In addition to the method of providing funding to convert unfunded approvals as noted above, the one– time $250 million General Fund appropriation is an opportunity for cash to be allocated quicker than expected to the first $250 million in projects placed on the Unfunded List (Lack of AB 55 Loans) and well before the statutory June 30, 2022 deadline. Projects participating in the November 2021 Priority Funding Process normally receive apportionments from the Spring 2022 bond sale. By using the $250 million for these projects, $250 million from the Spring bond sale will be unallocated.

OPSC will then ask school districts receiving unfunded approvals in January through May 2022 if they wish to receive funding sooner than the Fall Bond sale and requiring those school districts to submit a request outside the normal request time period.

By providing the $250 million as early as the January 2022 SAB meeting, allows for that funding to be allocated quicker and allows for the application of cash from the Spring Bond sale to fund projects further down the Unfunded List (Lack of AB 55 Loans) thereby maintaining the integrity of the Priority Funding Process as well as equity amongst school district projects. After conducting a review, the SAB has concluded that these are the only regulations on this subject area, and therefore, the proposed amendments are neither inconsistent nor incompatible with existing State laws

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 4 and regulations. The proposed regulatory amendments are within the SAB’s authority to enact regulations for the SFP under Education Code

Section 17070.35 and Government Code

Section 15503. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Executive Officer of the SAB has determined that the proposed regulatory amendments do not impose a mandate or a mandate requiring reimbursement by the State pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. It will not require local agencies, school districts, or charter schools to incur additional costs in order to comply with the proposed regulatory amendments.

DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Executive Officer of the SAB has made the following initial determinations relative to the required statutory categories: ● The SAB has made an initial determination that there will be no significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. ● The SAB is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. ● There will be no non–discretionary costs or savings to local agencies. ● The proposed regulatory amendments create no costs to any local agency, school district, or charter school requiring reimbursement pursuant to

Section 17500 et seq., or beyond those required by law, except for the required district contribution toward each project as stipulated in statute. ● There will be no costs or savings in federal funding to the State. ● The proposed regulatory amendments create no costs or savings to any State agency beyond those required by law. ● The SAB has made an initial determination that there will be no impact on housing costs.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Impact to Businesses and Jobs in California The proposed regulatory amendments promote transparency because the process of funding SFP projects with unexpected cash proceeds from sources other than bond funds will be clarified in regulation. There are additional benefits associated with these proposed regulatory amendments. School districts can submit certification requests to convert projects with unfunded approvals to apportionments sooner rather than waiting for a future sale of General Obligation Bonds.

Because school districts can receive funding so quickly, manufacturing and construction–related industries such as architecture, engineering, trades and municipalities may be created and/or expand based on the demand on these industries. This is a positive impact on the state’s economy and may also create an unknown number of jobs. Further, it is unlikely that the proposed amendments will eliminate new and/or existing businesses, including the elimination of jobs, within California. The proposed amendments are therefore determined to be consistent and compatible with existing State laws and regulations.

Proceeding with the implementation of the proposed regulatory amendments aligns with the statute, maintains the integrity of the Priority Funding Process as well as maintains equity amongst school district projects. Benefits to Public Health and Welfare, Worker’s Safety, and the State’s Environment ● The proposed regulatory amendments promote transparency because the process of funding SFP projects with unexpected cash proceeds from sources other than bond funds will be clarified in regulation. There are additional benefits associated with these proposed regulatory amendments.

School districts can submit certification requests to convert projects with unfunded approvals to apportionments sooner rather than waiting for a future sale of General Obligation Bonds. Because school districts can receive funding so quickly, manufacturing and construction–related industries such as architecture, engineering, trades and municipalities may be created and/or expand based on the demand on these industries. This is a positive impact on the state’s economy and may also create an unknown number of jobs.

Further, it is unlikely that the proposed amendments will eliminate new and/or existing businesses, including the elimination of jobs, within California. ● There are continued benefits to the health and welfare of California residents and worker safety. School districts, charter schools, and local educational agencies utilize construction and trades employees to work on school construction projects and although this proposed regulation does not directly impact worker’s safety, existing law provides for the availability of a skilled labor force and encourages improved health and safety

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 5 of construction and trades employees through proper apprenticeship and training. Further, public health and safety is enhanced because a properly paid and trained workforce will build school construction projects that are higher quality, structurally code–compliant and safer for use by pupils, staff, and other occupants on the site. ● There is no impact to the State’s environment from the proposed regulatory amendments. The SAB finds the proposed regulations fully consistent with the stated purposes and benefits.

EFFECT ON SMALL BUSINESSES It has been determined that the proposed regulatory amendments will not have a negative impact on small businesses in the ways identified in subsections (a) (1)–(4) of

Section 4, Title 1, CCR. The proposed regulatory amendments only apply to school districts, charter schools, and local education agencies for purposes of funding school facility projects. However, because school districts can receive funding so quickly, manufacturing and construction–related industries such as architecture, engineering, trades and municipalities may expand based on the demand on these industries. This may include new [small] businesses, or the expansion of [small] businesses, which is a positive impact on the state’s economy and may also create an unknown number of jobs.

SUBMISSION OF COMMENTS, DOCUMENTS AND ADDITIONAL INFORMATION Any interested person may present statements, arguments or contentions, in writing, submitted via U.S. mail, e–mail or fax, relevant to the proposed regulatory action. Written comments submitted via U.S. mail, e–mail or fax must be received at OPSC no later than February 21, 2022 end of day. The express terms of the proposed regulations as well as the Initial Statement of Reasons are available to the public.

Written comments, submitted via U.S. mail, e– mail or fax, regarding the proposed regulatory action, requests for a copy of the proposed regulatory action or the Initial Statement of Reasons, and questions concerning the substance of the proposed regulatory action should be addressed to: Lisa Jones, Regulations Coordinator Mailing Address Office of Public School Construction 707 Third Street, 6th Floor West Sacramento, CA 95605 E–mail Address: lisa.jones@dgs.ca.gov Fax Number: (916) 375–6721 AGENCY CONTACT PERSONS General or substantive questions regarding this Notice of Proposed Regulatory Action may be directed to Ms.

Lisa Jones at (279) 946–8459. If Ms. Jones is unavailable, these questions may be directed to the backup contact person, Mr. Michael Watanabe, Chief of Administrative Services, at (279) 946–8463. ADOPTION OF REGULATIONS Please note that, following the public comment period, the SAB may adopt the regulation substantially as proposed in this notice or with modifications, which are sufficiently related to the originally proposed text and notice of proposed regulatory activity.

If modifications are made, the modified text with the changes clearly indicated will be made available to the public for at least 15 days prior to the date on which the SAB adopts the regulations. The modified regulation(

s) will be made available and provided to: all persons who testified at and who submitted written comments at the public hearing, all persons who submitted written comments during the public comment period, and all persons who requested notification from the agency of the availability of such changes. Requests for copies of any modified regulations should be addressed to the agency’s regulation coordinator identified above. The SAB will accept written comments on the modified regulations during the 15–day period.

SUBSTANTIAL CHANGES WILL REQUIRE A NEW NOTICE If, after receiving comments, the SAB intends to adopt the regulation with modifications not sufficiently related to the original text, the modified text will not be adopted without complying anew with the notice requirements of the Administrative Procedure Act. RULEMAKING FILE Pursuant to Government Code

Section 11347.3, the SAB is maintaining a rulemaking file for the proposed regulatory action. The file currently contains:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 6 1. A copy of the text of the regulations for which the adoption is proposed in strikeout/underline. 2. A copy of this Notice. 3. A copy of the Initial Statement of Reasons for the proposed adoption. 4. The factual information upon which the SAB is relying in proposing the adoption. As data and other factual information, studies, reports or written comments are received they will be added to the rulemaking file. The file is available for public inspection at OPSC during normal working hours.

Items 1 through 3 are also available on OPSC’s Internet website at: https://www.dgs.ca.gov/OPSC/ Resources/Page–Content/Office–of–Public–School– Construction–Resources–List–Folder/Laws–and– Regulations then scroll down to School Facility Program, Pending Regulatory Changes, and click on the links named 45–day Public Notice, Initial Statement of Reasons and Proposed Regulatory Text. ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the SAB 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 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 alternative to these proposed regulatory amendments would be to take no action and not provide transparency in the process of apportioning the $250 million General Fund appropriation charged to the SAB from the Legislature. Further, without the proposed regulatory amendments, the integrity of the Priority Funding Process could be compromised as well as equity amongst school district projects.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available and copies may be requested from the agency’s regulation coordinator named in this notice or may be accessed on the website listed above. TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING (POST) MINIMUM TRAINING STANDARDS FOR INSTRUCTORS OF POST–CERTIFIED SPECIALIZED TRAINING AND MINIMUM CONTENT REQUIREMENTS FOR INSTRUCTOR COURSES (FORCE OPTION SIMULATOR) Commission Regulations 1070 and 1082 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code

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

PUBLIC COMMENTS DUE BY FEBRUARY 21, 2022 Notice is also given that any interested person, or authorized representative, may submit written comments relevant to the proposed regulatory action by fax at (916) 227–4547, by email to Steve Harding, Law Enforcement Consultant, at steve.harding@post. ca.gov, or by letter to: Commission on POST Attention: Rulemaking 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code

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

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

section 13503(e), which authorizes POST to develop and implement programs to increase the effectiveness of law enforcement, including programs involving training and education courses.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 7 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Instructors of any of the specialized subjects listed in California Code of Regulation 1070 ( Minimum Training Standards for Instructors of POST– Certified Specialized Training) shall successfully complete a training course listed in subsection 1070(

b) or complete the equivalency process outlined in subsection 1070(c). California Code of Regulation 1082 (Minimum Content Requirements for Instructor Course) addresses minimum content required to be taught in these instructor courses. The Force Option Simulator Instructor course requires the presenters to teach future instructors how to familiarize themselves with the simulator, scenario applications, safety protocols, along with other required topics. POST does not regulate the type of simulator a presenter may purchase or use.

Currently, there are seven different known brands of simulators in use across the state. It is unrealistic for presenters to have a working knowledge of each brand of simulator being used. Vendors of these simulators offer up to 8 hours of instructional training for the application and use of their simulator system. In 2001 when this regulation was initially approved, there was only one type of simulator, and the content of the instructor course was developed with only this simulator in mind. Since then, technology has evolved, and the choice of simulators has grown tremendously.

Agencies have taken advantage of that technology by obtaining simulators that fit specific agency needs. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amendments to the regulations will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California. The proposed amendments will have no impact on worker safety or the State’s environment.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amendments are not inconsistent or incompatible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regulations that concern the Force Option Simulator Instructor Course requirements for peace officers in California. BENEFITS ANTICIPATED The benefits of proposed amendments to the regulation will increase the efficiency of the state of California in delivering services to stakeholders.

Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California. The proposed amendments will have no impact on worker safety or the State’s environment. ADOPTION OF PROPOSED REGULATIONS Following the public comment period, the Commission may adopt the proposal substantially as set forth without further notice, or the Commission may modify the proposal if such modifications remain sufficiently related to the text as described in the Informative Digest.

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

ESTIMATE OF ECONOMIC IMPACT Fiscal impact on Public Agencies including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Non–Discretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Costs to any Local Agency or School District for which Government Code sections 17500–17630 requires reimbursement: None.

Significant Statewide Adverse Economic Impact Directly Affecting California Businesses: POST has made an initial determination that the amended regulations will not have a significant statewide adverse economic impact directly affecting California businesses, including the ability of California businesses to compete with businesses in other states.

Small Business Determination: POST has found that the proposed language will not affect small businesses because the Commission sets selection and training standards for law enforcement, which are government entities, and does not have an impact on California businesses, including small businesses. The regulations address the instructor requirements as it pertains to the Force Options Simulator Instructor Course. This only affects individuals associated with participating law enforcement agencies and/or course presenters.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 8 Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses. Cost Impacts on Representative Private Persons or Businesses: POST is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: POST has made an initial determination that the proposed regulation would have no effect on housing costs. RESULTS OF ECONOMIC IMPACT ASSESSMEN T per Gov. Code

section 11346.3(

b) The adoption of the proposed amendments of regulations will neither create nor eliminate jobs in the state of California, nor result in the elimination of existing businesses or create or expand businesses in the state of California. The benefits of the proposed amendments of regulations to the regulations will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare in California.

There would be no impact that would affect worker safety or the State’s environment.

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

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Steve Harding, Law Enforcement Consultant, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630 at (916) 227–2816. General questions regarding the regulatory process may be directed to Katie Strickland at (916) 227–2802. TEXT OF PROPOSAL Individuals may request copies of the exact language of the proposed regulations and of the initial statement of reasons, and the information the proposal is based upon, from the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630.

These documents are also located on the POST Website at https://post.ca.gov/Regulatory–Actions. AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

s) named above. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING (POST) MINIMUM TRAINING STANDARDS FOR INSTRUCTORS OF POST–CERTIFIED SPECIALIZED TRAINING AND MINIMUM CONTENT REQUIREMENTS FOR INSTRUCTOR COURSES (LAW ENFORCEMENT DRIVING SIMULATOR) Commission Regulations 1070 and 1082 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code

section 11346.8, any interested person, or his/ her duly authorized representative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. PUBLIC COMMENTS DUE BY FEBRUARY 21, 2022 Notice is also given that any interested person, or authorized representative, may submit written comments relevant to the proposed regulatory action by fax at (916) 227–4547, by email to Steve Harding,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 9 Law Enforcement Consultant, at steve.harding@post. ca.gov, or by letter to: Commission on POST Attention: Rulemaking 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code

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

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

section 13503(e), which authorizes POST to develop and implement programs to increase the effectiveness of law enforcement, including programs involving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Instructors of any of the specialized subjects listed in California Code of Regulation 1070 (Minimum Training Standards for Instructors of POST– Certified Specialized Training) shall successfully complete a training course listed in subsection 1070(

b) or complete the equivalency process outlined in subsection 1070(c). California Code of Regulation 1082 (Minimum Content Requirements for Instructor Course) addresses minimum content required to be taught in these instructor courses. Instructors who teach courses using the Law Enforcement Driving Simulator (LEDS) are required by regulation to attend a training course as outlined in California Code of Regulation 1070. In February 2021, the Commission voted to discontinue the use of the Driving Simulator to fulfill Driver Awareness Perishable Skills.

Driver Awareness Perishable Skills is a training mandate for all POST participating law enforcement officers. This decision to remove the use of the simulators to fulfill this training mandate was based on the driving simulators not being a true representation of behind–the–wheel driving. The simulators do not allow students to practice backing and parking in the manner consistent with maneuvering an actual vehicle. The LEDS only allows the use of mirrors when practicing backing.

While many peace officers do operate a vehicle during their shifts, this is not the case for every peace officer required to complete perishable skills training. Behind–the–wheel training allows for more time to focus on and engage in realistic and specific skills related to operating a police vehicle including, but not limited to, vehicle dynamics, defensive driving, intersection exercises, backing/parking, and judgment and decision–making.

As a result of the above decision by the Commission, all four presenters for Drivers Training Simulation Instructor Course have disposed of their driving simulators and no longer teach the curriculum. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amendments to the regulations will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California.

The proposed amendments will have no impact on worker safety or the State’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amendments are not inconsistent or incompatible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regulations that concern the Drivers Training Simulation Instructor Course requirements for peace officers in California.

BENEFITS ANTICIPATED The benefits of proposed amendments to the regulation will increase the efficiency of the State of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California. The proposed amendments will have no impact on worker safety or the State’s environment.

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 10 ESTIMATE OF ECONOMIC IMPACT Fiscal impact on Public Agencies including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Non–Discretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Costs to any Local Agency or School District for which Government Code sections 17500–17630 requires reimbursement: None.

Significant Statewide Adverse Economic Impact Directly Affecting California Businesses: POST has made an initial determination that the amended regulations will not have a significant statewide adverse economic impact directly affecting California businesses, including the ability of California businesses to compete with businesses in other states.

Small Business Determination: POST has found that the proposed language will not affect small businesses because the Commission sets selection and training standards for law enforcement, which are government entities, and does not have an impact on California businesses, including small businesses. The regulations address the instructor requirements as it pertains to the Driver Training Simulation Instructor Course. This only affects individuals associated with participating law enforcement agencies and/or course presenters.

Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses. Cost Impacts on Representative Private Persons or Businesses: POST is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: POST has made an initial determination that the proposed regulation would have no effect on housing costs. RESULTS OF ECONOMIC IMPACT ASSESSMENT per Gov. Code

section 11346.3(

b) The adoption of the proposed amendments of regulations will neither create nor eliminate jobs in the state of California nor result in the elimination of existing businesses or create or expand businesses in the state of California. The benefits of the proposed amendments of regulations to the regulations will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare in California.

There would be no impact that would affect worker safety or the State’s environment.

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

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Steve Harding, Law Enforcement Consultant, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630 at (916) 227–2816. General questions regarding the regulatory process may be directed to Katie Strickland at (916) 227–2802. TEXT OF PROPOSAL Individuals may request copies of the exact language of the proposed regulations and of the initial statement of reasons, and the information the proposal is based upon, from the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630.

These documents are also located on the POST Website at https://post.ca.gov/Regulatory–Actions. AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

s) named above. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 11 TITLE 11. DEPARTMENT OF JUSTICE ATTORNEY GENERAL

CHAPTER 5. DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM NOTICE OF PROPOSED RULEMAKING The Department of Justice (Department) proposes to adopt sections 500, 501, 510, 520, 521, 522, 523, 530, 531, 532, 533, 540, 541, 542, 543, 544, 555, and 546 of Title 11, Division 1,

Chapter 5 of the California Code of Regulations concerning grants funded by the Department from the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund. PUBLIC HEARING The Department has not scheduled a public hearing 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 person, 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 representative may submit written comments relevant to the proposed regulatory action. The written comment period closes on February 22, 2022 at 5:00 p.m. Only written comments received by that time will be considered.

Please submit written comments to: Stacy Heinsen Department of Justice 1300 I Street, Suite 1270 Sacramento, CA 95814 (916) 210–7006 TGPRegs@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 30130.57, Revenue and Taxation Code. Reference:

Section 30130.57, Revenue and Taxation Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: The Department’s Tobacco Grant Program provides annual funds to local law enforcement agencies throughout California. To date, the Tobacco Grant Program has distributed approximately $124 million dollars in grant funding to approximately 260 grantees through a competitive process. Funding for the Tobacco Grant Program was a result of the passage of the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) increasing taxes on cigarettes and other tobacco products by $2.00 starting in April 2017.

The initiative allocates a portion of annual revenue to the Department, which in turn reimburses local law enforcement programs designed to prevent or reduce illegal sales or marketing of cigarettes and tobacco products to minors and youth. Effect of the Proposed Rulemaking: This rulemaking package is initiated to implement the grant program created by

section 30130.57 of the Revenue and Taxation Code. The proposed regulations establish general grant provisions, grant project types, specific application requirements, grant evaluation criteria, and necessary administrative procedures for the effective implementation of the program.

Anticipated Benefits of the Proposed Regulations: The purpose and intent of Proposition 56 included saving the lives of Californians and saving state and local government money in the future by reducing smoking and tobacco use among all Californians, but particularly youth; and funding efforts to reduce cigarette smuggling, tobacco tax evasion, and illegal sales of tobacco products to minors. (Initiative Measure (Prop. 56, § 2, approved Nov. 8, 2016.) This proposed regulatory action will ensure the Tobacco Grant Program has uniform standards, internal controls, and guidelines to ensure consistent and effective administration of the program.

In addition, the regulations will ensure the program funds law enforcement programs designed to prevent or reduce illegal sales or marketing of cigarettes and tobacco products to minors and youth. 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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 12 the only regulations that concern the Department’s Tobacco Grant Program. Forms and Documents 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: None. 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: Local law enforcement agencies are not required to apply for funding from the Department’s Tobacco Grant Program. These regulations could result in additional savings to local law enforcement agencies if they choose to participate in the program and are awarded a grant. The Department is authorized to award up to $30 million annually pursuant to Revenue and Taxation Code

section 30130.57, subdivision (e)(1). Grants are awarded each calendar year, provided funding is available. The grant funding duration is 24 or 36 months, depending on the preference of the applicant. Historically, grant awards have ranged from $10,000 to $5.5 million, approximately. Cost or savings in federal funding to the state: None. Cost impacts on representative person or business: The Department is not aware of any costs impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant effect on housing costs: None.

Significant, statewide adverse economic impact directly affecting businesses, including ability to compete: The Department has made an initial determination that the proposed action will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

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 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 funding programs that reduce cigarette and tobacco smoking. According to Proposition 57: Tobacco use is the single most preventable cause of death and disease in California, claiming the lives of more than 40,000 people every year. Each year thousands of Californians require medical and dental treatment as a result of tobacco use. (Initiative Measure (Prop. 56, § 1(a), approved Nov. 8, 2016)

(2) The proposal would not benefit worker safety because it does not regulate worker safety standards.

(3) Vast quantities of cigarette butts, foil wrappers, battery, plastic and electronic components of electronic cigarettes, lighters, and cigarette packs, are improperly discarded. This tobacco product waste contaminates waterways, poisons aquatic life, blocks drains, chokes birds, creates unsightly litter, and requires public entities to spend large sums on ongoing clean–up operations. The proposed regulations, to the extent they result in reduced use of tobacco products, will reduce environmental degradation. Business report requirement: None.

Small business determination: The Department has determined that this proposed action does not affect small businesses because funding is only available for local law enforcement agencies. 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 identified 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 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 Department has determined that the proposed regulations are the most effective way to administer the Tobacco Grant Program. The regulations will protect public health and save state and local government money by providing financial assistance to eligible local law enforcement agencies to support the goals

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 13 and objectives set by the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. The regulations do not create any burden because the Tobacco Grant Program is a voluntary program intended to supplement an eligible entity’s existing budget.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Stacy Heinsen Department of Justice 1300 I Street, Suite 1270 Sacramento, CA 95814 (916) 210–7006 TGPRegs@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 proposed action may be directed to the following backup contact person: Kevin Sabo Department of Justice 1300 I Street, Suite 1270 Sacramento, CA 95814 (916) 210–7639 regulations@doj.ca.gov A VAILABILITY 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 at its office at the above address.

As of the date this Notice of Proposed Rulemaking (Notice) is published in the Notice Register, 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 information upon which the proposed rulemaking is based are available on the Department’s website at https://oag.ca.gov/ tobaccogrants.

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 relevant 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 will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. 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 after the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Department’s website at https://oag.ca.gov/tobaccogrants. Please refer to the contact information listed above to obtain a written copy of the Final Statement of Reasons. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice, 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/ tobaccogrants.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA STATE SAFE HARBOR AGREEMENT PROGRAM ACT CONSISTENCY DETERMINATION NUMBER 2089–2021–02–01 Location: Shasta River, Siskiyou County Applicant: Hidden Valley Ranch LLC Notifier: Jack Roggenbuck

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 14 Background On February 24, 2021, the National Marine Fisheries Service (NMFS) approved a Template Safe Harbor Agreement for Conservation of Coho Salmon in the Shasta River (TSHA). The TSHA establishes the general requirements for NMFS, under authority of Endangered Species Act

section 10(a)(1)(

A) and implementing rule and policy, to issue Enhancement of Survival Permits (ESP) to non–federal landowners in the Shasta River Basin for the purpose of promoting the conservation, enhancement of survival, and recovery of Southern Oregon/Northern California Coast (SONCC) evolutionarily significant unit of coho salmon ( Oncorhynchus kisutch ; Covered Species). The TSHA also discusses Covered Species biological requirements, habitat conditions, covered activities and associated avoidance and minimization measures, and the adaptive management program.

NMFS has issued a Site Plan Agreement (SPA), which is an agreement between NMFS and a landowner, and ESP, which authorizes take of a Covered Species, to each individual landowner enrolled under the TSHA (Project). Each SPA and ESP provides specificity to the terms or conditions in the TSHA, or additional terms or conditions beyond what appears in the TSHA, that are applicable to a particular enrolled property. The TSHA, and related SPA and ESP, taken together provide the applicable terms and conditions for an individual landowner (collectively, the ‘federal SHA ’).

On February 24, 2021, NMFS issued a SPA and ESP (Permit No. 23285), under the terms of the TSHA, to Hidden Valley Ranch LLC (Permittee) with a term of 20 years 1. Hidden Valley Ranch (Enrolled Property), owned and operated by the Permittee, is located along Big Springs Road in central Siskiyou County (41'34'57" N latitude, 122'26'18" W longitude, APN: 020–050– 020 & 020–040–080 2). The enrolled property includes a total of approximately 431 acres, with approximately 150 acres under irrigation. The Enrolled Property is generally a cow/calf operation with a small segment of the operation producing sheep.

The Enrolled Property uses a combination of water sources for irrigation, diverting water from three springs and from the Shasta River. Enrolled Property SPA The Enrolled Property SPA defines Baseline Conditions as the habitat conditions at the time NMFS approved the Enrolled Property SPA, the conditions described in Appendix 1 of the TSHA.

The activities required to maintain Baseline Conditions are detailed in Table 2 of the Enrolled Property SPA. 1 E SP, pages 1–3 2 S PA, page 2 Avoidance and minimization measures are described in detail in Appendix 2 of the TSHA, and those applicable to the Enrolled Property are listed in

section G.1 of the Enrolled Property SPA.

Covered Activities include both routine agricultural activities and beneficial management actions, as detailed in Appendix 2 of the TSHA and in sections C, G, and E of the Enrolled Property SPA, as follows: ● R outine Agricultural Covered Activities 3 (Section C1) ○ Irrigation management ○ Irrigation maintenance ○ Pasture grazing management ○ Riparian grazing management ○ Fence maintenance ○ Road maintenance ○ Crossing maintenance ○ Herbicide/fertilizer/pesticide use ● A voidance and Minimization Measures for Routine Agricultural Covered Activities (Section G) ○ A1: Locking head gate and measuring device ○ A2: Fish passage ○ B1: Minimize sediment discharge ○ B2: Inspect and clean fish screen ○ B3: Screen bypass operation ○ B4: Minimize sediments from ditch maintenance ○ B5: Monitor and repair tailwater berms ○ B6: Instream work operation period ○ B7: Notification for fish rescue in ditches ○ B8: Water release from impoundments to minimize impacts ○ E2: Erosion control on roads ○ E3: Instream work operation period ○ F1: Livestock and vehicle crossings ○ F2: Operation of vehicles in streams ● B eneficial Management Actions/Activities (BMAs) (Section E) ○ E.1.a: Increased delivery and irrigation efficiencies; tailwater reduction; and spring water contributions ○ E.1.b: Maintenance of the boulder weir ○ E.1.c: Leave woody debris in stream ○ E.1.d: Crossings and stock watering ○ E.1.e: Maintain riparian fencing ○ E.1.f: Pasture grazing management 3 S ee TSHA Appendix 2 for full text of covered activities and avoidance and minimization measures.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 15 ○ E.1.g: Access for scientific studies ○ E.2.a: Increase delivery and irrigation efficiency, tailwater reduction, spring water contribution ○ E.2.b: Upgrade and maintain fish screen ○ E.3.a: Tailwater reduction, participate in flow management strategy, soil moisture monitoring, and spring water contribution ○ E.3.b: Beaver management for instream benefit ○ E.3.c: Instream habitat complexity, alcove enhancement, and large woody debris ○ E.3.d: Riparian function, maintain fencing, participate in plantings, and implement riparian grazing management plan ○ E.3.e: Substrate quality, spawning gravel introduction ○ E.3.f: Pasture management, install cross fencing in three large pastures ○ E.3.g: Provide access for studies, install two flow/temperature monitoring stations ○ E.3.h: Participate in salmonid supplementation Additional Commitments include: ● A voidance and minimization monitoring (Sections G and G1) ● I mplementation and Effectiveness Monitoring Commitments (Section G2) ● D escription of potential and existing funding sources and timeline for the Permittee to carry out BMAs, avoidance and minimization measures, and monitoring and reporting requirements (Section E, F, & G) ● O ther information consistent with the terms and conditions of the Agreement and ESP including reporting (Sections F, H, &

I) Access ● G eneral. A Permittee will allow NMFS, California Department of Fish and Wildlife (CDFW), or Shasta Watershed Conservation Group (SWCG) to have access to an Enrolled Property to (

a) inspect for implementation of Beneficial Management Activities, (

b) monitor, stock or remove the Covered Species, or to carry out related management activities, and (

c) monitor the effectiveness of each SPA. Such access will be subject to conditions identified in each SPA. Unless specified otherwise in the applicable SPA, such access will be subject to reasonable notice, not less than seven days in advance, and conditioned to avoid interference with commercial and other private uses of the Enrolled Property by the Permittee. ● S pecial Circumstances. In the circumstances described in TSHA Sections 6.2 and 6.8, a Permittee will allow access to NMFS and CDFW for emergency salvage or relocation of affected Covered Species 4.

T he Permittee will continue to allow access to CDFW to maintain a passive integrated transponder (PIT) tag antenna array to monitor fish movement onto the Enrolled Property. The array is located at the downstream end of the Enrolled Property. T he Permittee will also continue to work with research entities such as University of California– Davis, Shasta Valley Resource Conservation District, CDFW, U.S.

Fish and Wildlife Service (USFWS), and NMFS to conduct studies to describe salmonid habitat conditions, life history requirements, and productivity to help inform efforts to improve survival and productivity of coho salmon in the future. A ll relevant studies associated with the Covered Species, as specified in the TSHA and Adaptive Management Program 5 for the agreement that are relevant to the Enrolled Property will be allowed under this agreement for five years, after which the NMFS or CDFW may request an additional period of access for a like specified period of time.

All access related to on–going studies will be done in a manner which provides at minimum seven days’ notice of intent to access by the NMFS or CDFW. Access will be limited to the specific area of study and may require escort by the Permittee or their representative. The Permittee reserves the right to obtain the results of the study upon completion to assure privacy rights are maintained before publication.

The Permittee will allow access for salmonid supplementation and all associated monitoring activities. 6 Net Conservation Benefit The federal SHA is expected to result in a net conservation benefit to the Covered Species over the 20–year term by: ● I mproving water quality and water quantity for juvenile coho salmon through improved tailwater collection, participation in a reach–wide diversion management strategy, planting up to 0.5 acre of riparian area, releasing additional spring water when irrigation needs are met, implementing a water exchange of 1.5 cubic feet per second with Montague Water Conservation District and bypassing available cold spring water directly to 4 T SHA 6.3.1 and 6.3.2 5 T SHA, Appendix 3 6 S PA, various sections

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 16 the Shasta River from June 1 through September 15. ● I mproving instream habitat complexity by allowing habitat restoration projects that will create refugia habitat for juveniles within the first 3 years of the federal SHA including enlarging an existing alcove and installing large wood at up to 24 sites.

These actions will provide velocity refuge and rearing areas for juveniles. ● I ncreasing the extent and quality of refugia habitat for juveniles and improved instream habitat complexity within the first 3 years of the federal SHA and for the duration of the federal SHA through development of alcove and installation of large wood at up to 24 sites. ● I mproving riparian function by riparian planting projects on up to 0.5 acres within 5 years of federal SHA signing, which will improve shade, provide soil stability, and reduce sedimentation to instream habitat. ● I mproving water quality and summer rearing for juveniles starting in 2020 and for the duration of the federal SHA.

Reduced tailwater inputs and increased flow releases (3 cubic feet per second) would improve water quality and quantity for the Covered Species and may provide cold water refugia for juveniles in this reach starting in 2020 and for the duration of the federal SHA. 7 Consistency Determination Request On November 19, 2021, the Director of CDFW received a letter from Hidden Valley Ranch requesting a determination pursuant to California Fish and Game Code

section 2089.22 that the federal TSHA and its related SPA and ESP are consistent with California State Safe Harbor Agreement Program Act for the Covered Species on the Enrolled Lands (Cal. Reg. Notice Register 2021, No. 50–Z, p. 1694.). Determination CDFW has determined that the federal SHA, including Permit No. 23285, with proposed incidental take of the Covered Species, is consistent with the California State Safe Harbor Agreement Program Act because the conservation, avoidance, and minimization measures contained in the federal SHA and its related federal 10(a)(1)(

A) enhancement of survival permit meet the conditions set forth in California Fish and Game Code sections 2089.22 and 2089.6 for authorizing incidental take of Covered Species.

Specifically, CDFW finds that: (1) take of the Covered Species will be incidental to an otherwise lawful activity; (2) implementation of the federal SHA is reasonably expected to provide a net conservation benefit to the Covered Species; (3) the Project will 7 N MFS Net Conservation Benefit Finding 11/17/2020 not jeopardize the continued existence of the Covered Species; (4) the Permittee has agreed, to the maximum extent practicable, to avoid or minimize any incidental take authorized by the federal SHA, including returning to baseline conditions; (5) the federal SHA has established an approved monitoring program;

(6) CDFW has determined that sufficient funding is ensured to complete surveys on the property and there is sufficient funding to carry out management actions and monitoring for the duration of the federal SHA; and (7) implementation of the federal SHA is not in conflict with a CDFW–approved conservation or recovery program for the Covered Species. Monitoring and Reporting Measures The Permittee will be responsible for the following monitoring and reporting measures related to implementation of the federal SHA and fulfillment of its provisions: ● S PA Sections G, G1, and G2 ● S PA

Section H and Appendix F ● T SHA

Section 6.6 ● T SHA Appendix 2 (Pages 66–101) ● T SHA Appendix 3 — Implementation Monitoring (Pages 108–118) ● T SHA Appendix 3 — Effectiveness Monitoring and Reporting (Pages 119–140) ● T SHA Appendix 3 — Validation Monitoring (Pages 141–142) ● T SHA Appendix 3 — Evaluation (Pages 142– 144) ● T SHA Appendix 3 — Monitoring and Reporting Responsibilities (Pages 144–145) ● E SP Condition #7 Funding Funding will be provided by the Permittee through a $1,500 annual contribution to effectiveness monitoring. Permittee shall provide such funding to SWCG by February 1 of each year of its ESP.

SWCG will then provide such funding directly to parties designated by NMFS to undertake effectiveness monitoring. 8 Funding for implementing most large BMAs would be obtained via restoration grants while some small– scale BMAs may be funded directly by Permittee. Funding for the fish screen project has been secured by California Trout and the environmental compliance and permits are completed. 9 Current and future grant funding will ensure sufficient funding for the Property Owners to carry out management actions and for monitoring for the duration of the federal SHA. 8 T SHA

Section 6.5.3 9 S PA

Section E.2.b

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 17 Incidental Take Authorization Pursuant to Fish and Game Code

section 2089.22(a), if a federal SHA is approved pursuant to applicable provisions of federal law and the federal SHA includes species that are both federally and state listed, no further approval under the California State Safe Harbor Agreement Program Act (Fish & Game Code, § 2089.2 et seq.) is required for incidental take of those species provided the Permittee implements the Project and future land and water use and management practices as described in the approved federal SHA and CDFW determines the federal SHA is consistent with applicable criteria.

Additionally, the Permittee must adhere to all measures contained in the approved federal SHA and comply with other conditions described in the federal 10(a)(1)(

A) enhancement of survival permit. If there are any substantive changes to the federal TSHA or if NMFS amends or replaces the SPA or ESP, the Permittee shall be required to obtain a new consistency determination from CDFW (see generally Fish & Game Code, §§ 2081.1, 2081, subds. (

b) and (c)). Any CDFW authorization pursuant to Fish and Game Code

section 2089.22(

a) to take species identified in the federal SHA shall terminate immediately upon the expiration or termination of the federal SHA. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY AIR TOXICS HOT SPOTS PROGRAM NOTICE OF PUBLIC COMMENT PERIOD AND WORKSHOP ON DRAFT REFERENCE EXPOSURE LEVELS FOR 1–BROMOPROPANE The Office of Environmental Health Hazard Assessment (OEHHA) is releasing a document for public review, summarizing the toxicity and derivation of Reference Exposure Levels (RELs) for 1–Bromopropane (1–BP).

RELs are airborne concentrations of a chemical that are not anticipated to result in adverse non–cancer health effects for specified exposure durations in the general population, including sensitive subpopulations. OEHHA is required to develop guidelines for conducting health risk assessments under the Air Toxics Hot Spots Program (Health and Safety Code

Section 44360(b)(2). In implementing this requirement, OEHHA develops RELs for many air pollutants. The draft 1–BP REL document is available today on the OEHHA website at http://www.oehha.ca.gov. The posting of this document commences a 45–day public review period that ends on February 22, 2022. A remote public workshop will be held virtually on January 26, 2022 at 10:00 a.m. using the Zoom platform. The workshop can be accessed at https:// us02web.zoom.us/j/85741659101?pwd=RFZ1SU9hR DZYelRwRS9jdm00NitmZz09. Audio–only access phone numbers are available via the Zoom link.

The workshop will also be broadcast on the CalEPA Webcast site: https://video.calepa.ca.gov/. Due to the continuing COVID–19 emergency, the public is strongly encouraged to submit written information via OEHHA ’s website, rather than in paper form. Comments may be submitted electronically through the following link: https://oehha.ca.gov/ comments. Hard–copy comments may be mailed, faxed, or hand–delivered to the address below: Dr. John Budroe Chief, Air Toxicology and Risk Assessment

Section Air and Site Assessment and Climate Indicators Branch Office of Environmental Health Hazard Assessment 1515 Clay Street, 16th Floor Oakland, CA, 94612 E–mail: John.Budroe@oehha.ca.gov Telephone: (510) 906–2131 Fax: (510) 622–3210 After the close of the public comment period, the documents will be revised as appropriate by OEHHA, and peer reviewed by the state’s Scientific Review Panel on Toxic Air Contaminants. Information about dates and agenda for meetings of the Scientific Review Panel can be obtained from the California Air Resources Board website at http://www.arb.ca.gov/ srp/srp.htm.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 18 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY NOTICE OF EXTENSION OF THE PUBLIC COMMENT PERIOD FOR PROPOSED MODIFICATION OF TEXT TITLE 27, CALIFORNIA CODE OF REGULATIONS PROPOSED AMENDMENTS TO

ARTICLE 6 CLEAR AND REASONABLE WARNINGS – SHORT FORM The Office of Environmental Health Hazard Assessment (OEHHA) initiated a modification of text to the proposed rulemaking action to amend California Code of Regulations, Title 27,

Section 25602, Consumer Product Exposure Warnings — Methods of Transmission,

Section 25603, Consumer Product Exposure Warnings — Content, and

Section 25607.2 Food Exposure Warnings — Content. A Notice of Modification to Text of Proposed Regulation was published in the California Regulatory Notice Register on December 17, 2021 (Z–2021–1207–04). The notice initiated a public comment period that was scheduled from December 17, 2021, to January 14, 2022. At the request of the California Chamber of Commerce, OEHHA hereby extends the public comment period for these proposed changes by an additional 7 days. The comment period will now close on January 21, 2022.

The public is strongly encouraged to submit written information through our website at https://oehha. ca.gov/comments. In the alternative, comments can be mailed, emailed, or delivered in person to the address below. Monet Vela Office of Environmental Health Hazard Assessment 1001 I Street, 23rd Floor P. O. Box 4010 Sacramento, California 95812–4010 Telephone: 916–323–2517 monet.vela@oehha.ca.gov Please direct inquiries concerning this regulatory proposal to monet.vela@oehha.ca.gov or by calling (916) 323–2517.

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

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request.

Department of Social Services File # 2021–1108–01 CalWORKs Reporting and Resource Limits This timely Certificate of Compliance action (2020– 1228–01EFP) makes permanent amendments to sev - eral sections of the Manual of Policies and Procedures in response to Senate Bill 80 (Chapter 27 of 2019) that increases the Earned Income and Disability– Based Unearned Income Disregards, replaces the 3–tier Income Reporting Threshold, allows recipient Assistance Units to maintain CalWorks eligibility un - til their gross income exceeds a certain threshold and increases the maximum equity value of any nonex - empt motor vehicle.

Title MPP Amend: 42–201, 42–207, 42–211, 42–213, 42–215, 44–111, 44–113, 44–207, 44–316 Filed 12/23/2021 Effective 12/23/2021 Agency Contact: Kenneth Jennings (916) 651–8862

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 19 Department of Corrections and Rehabilitation File # 2021–1208–01 Staff Misconduct Allegations This action by the Department of Corrections and Rehabilitation (Department) is submitted to OAL as an emergency of operational necessity pursuant to Penal Code

section 5058.3 and adopts a new regulato- ry process for addressing Department staff misconduct allegations involving incarcerated persons or parolees. Title 15 Adopt: 3486, 3486.1, 3486.2, 3486.3 Filed 12/28/2021 Effective 01/01/2022 Agency Contact: Josh Jugum (916) 445–2266 Department of Corrections and Rehabilitation File # 2021–1208–02 Inmate Credit Earning In this emergency readopt by operational necessi - ty the Department of Corrections and Rehabilitation amends regulations concerning inmate credit earning and minimum security credit.

Title 15 Amend: 3043, 3043.2, 3043.3, 3043.4, 3043.5, 3043.6, 3043.7 [Renumbered to 3044.1], 3043.8 [Renumbered to 3044.2], 3044, 3045.1, 3047 [Re- numbered to 3046.1] Repeal: 3043.7 Filed 12/28/2021 Effective 12/28/2021 Agency Contact: Josh Jugum (916) 445–2266 Department of Corrections and Rehabilitation File # 2021–1208–04 Employee Discipline This operational–necessity emergency action amends and adopts regulations concerning California Department of Corrections and Rehabilitation em - ployee discipline. The action primarily adopts an employee penalty–levels disciplinary matrix and re - lated

definitions and procedures to be used by hiring authorities in determining and imposing disciplinary measures on employees for misconduct directed at in- mates, parolees, wards, other employees, or members of the public. Title 15 Adopt: 3392.1, 3392.2, 3392.3, 3392.4, 3392.5, 3392.6, 3392.7, 3392.8, 3392.9, 3417 Amend: 3391, 3392 Filed 12/28/2021 Effective 01/01/2022 Agency Contact: Rosie Ruiz (916) 445–2244 Department of Food and Agriculture File # 2021–1215–01 Euthanized Animals This second emergency readoption requires mark - ing of large, domesticated animals, under Food and Agricultural Code

section 19201, that are euthanized by barbiturates. Title 03 Adopt: 1180.43.1 Filed 12/27/2021 Effective 12/27/2021 Agency Contact: Andrew Halbert (916) 900–5159 California Department of Tax and Fee Administration File # 2021–1110–01 Retailer’s Records This file and print action adopts record keeping standards and cigarette and tobacco products retail - ers. The action is exempt from the Administrative Procedure Act pursuant to Government Code

section 15570.40. Title 18 Adopt: 4801 Filed 12/27/2021 Effective 12/27/2021 Agency Contact: Kim DeArte (916) 309–5227 California Department of Tax and Fee Administration File # 2021–1117–01 Cigarette and Tobacco Products Tax Law Regs. This action by the California Department of Tax and Fee Administration amends regulations relating to cigarette and tobacco products tax. This rulemaking action is exempt from the Administrative Procedure Act pursuant to Government Code

section 15570.40(b). Title 18 Amend: 4022, 4027, 4061, 4065, 4066, 4091 Filed 12/27/2021 Effective 12/27/2021 Agency Contact: Kim DeArte (916) 309–5227 California Department of Tax and Fee Administration File # 2021–1117–02 Manufacturing and Research and Development Equipment This action by the California Department of Tax and Fee Administration amends regulations relating to the partial property tax exemption for equipment purchased for use in manufacturing, research and de - velopment, and electrical power. This rulemaking ac -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 20 tion is exempt from the Administrative Procedure Act pursuant to Government Code

section 15570.40(b). Title 18 Amend: 1525.4 Filed 12/27/2021 Effective 12/27/2021 Agency Contact: Kim DeArte (916) 309–5227 Board of Registered Nursing File # 2021–1108–05

Definitions In this change without a regulatory effect, the Board amends its regulation to re–order

definitions in alpha- betical order. Title 16 Amend: 1480 Filed 12/23/2021 Agency Contact: Ras Siddiqui (916) 574–7922 Department of Public Health File # 2021–1129–04 Lead Related Construction Certification The California Department of Health in this action without regulatory effect is taking language already in a form, Renewal of Lead Certification, that is in - corporated by reference and placing it in an additional location on the form to ensure the regulated public is aware of a continuing education requirement for re - newal of lead certification.

Title 17 Amend: 35095 Filed 12/22/2021 Agency Contact: Hannah Strom–Martin (916) 440–7371 Air Resources Board File # 2021–1014–04 Prohibitions on Certain Hydrofluorocarbons This rulemaking action imposes new limits on hydrofluorocarbons (HFCs) used in non–residential stationary refrigeration equipment and new air–con - ditioning equipment used for residential and non–res - idential purposes.

Title 17 Adopt: 95376, 95378 Amend: 95371, 95372, 95373, 95374, 95375, 95377, 95378 (renumbered to 95379) Repeal: 95376 Filed 12/29/2021 Effective 01/01/2022 Agency Contact: Bradley Bechtold (916) 322–6533 Air Resources Board File # 2021–1015–03 Heavy–Duty Omnibus Low NOx Regulation This action by the Air Resources Board adopts and amends regulations regarding heavy–duty omnibus emissions standards.

Title 13, 17 Adopt: 2139.5, 2166, 2166.1, 2167, 2168, 2169, 2169.1, 2169.2, 2169.3, 2169.4, 2169.5, 2169.6, 2169.7, 2169.8, 2170 Amend: 1900, 1956.8, 1961.2, 1965, 1968.2, 1971.1, 1971.5, 2035, 2036, 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2118, 2119, 2121, 2123, 2125, 2126, 2127, 2128, 2129, 2130, 2131, 2133, 2137, 2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2148, 2149, 2423, 2485, 95662, 95663 Filed 12/22/2021 Effective 12/22/2021 Agency Contact: Chris Hopkins (916) 445–9564 Department of Financial Protection and Innovation File # 2021–0902–02 Debt Collection Licensing Regulations This action by the Department of Financial Protection and Innovation establishes license and application procedures for debt collectors seeking licensure.

Title 10 Adopt: 1850, 1850.6, 1850.6.1, 1850.7, 1850.8, 1850.9, 1850.10, 1850.11, 1850.12, 1850.13, 1850.14, 1850.15, 1850.16, 1850.30, 1850.31, 1850.32, 1850.50, 1850.60, 1850.61 Filed 12/22/2021 Effective 12/22/2021 Agency Contact: Sandra Sandoval (213) 897–3432 Department of Parks and Recreation File # 2021–0902–05 Grants and Cooperative Agreement Program The Department of Parks and Recreation (Department) proposed this action to amend regulations governing the Grants and Cooperative Agreements Program administered by the Department’s Off– Highway Motorized Vehicle Recreation Division.

Title 14 Amend: 4970.01, 4970.03, 4970.05.1, 4970.06.1, 4970.06.2, 4970.06.3, 4970.07, 4970.08, 4970.08.1, 4970.08.2, 4970.10, 4970.10.1, 4970.10.2, 4970.10.3, 4970.10.4, 4970.11, 4970.13, 4970.20, 4970.24.1 Filed 12/27/2021 Effective 01/01/2022 Agency Contact: Ethan Mathes (916) 215–8074

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z 21 State Water Resources Control Board File # 2021–1109–02 Policy on Use of Coastal and Estuarine Waters for Power Plant Cooling On October 19, 2021, the State Water Resources Control Board adopted Resolution No. 2021–0048, amending the statewide Water Quality Control Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling to extend the compliance date for Redondo Beach Generating Station Units 5, 6, and 8 from December 31, 2021 to December 31, 2023.

Title 23 Amend: 2922 Filed 12/23/2021 Effective 12/23/2021 Agency Contact: Katherine Walsh (916) 446–2317 Veterinary Medical Board File # 2021–1112–02 Disciplinary Guidelines The Veterinary Medical Board in this action is amending an incorporated by reference document, “Veterinary Medical Board Disciplinary Guidelines.” These changes update terms and conditions for proba- tion. Changes are in response to statutory changes as well as case law.

Title 16 Amend: 2006 Filed 12/22/2021 Effective 04/01/2022 Agency Contact: Justin Sotelo (916) 515–5238 Office of Spill Prevention and Response File # 2021–0915–03 Certification of Spill Management Teams The Office of Spill Prevention and Response (Office) proposed this action to adopt criteria and procedures for evaluating and certifying spill management teams based on their capacity to respond to and manage oil spills effectively.

Additionally, related amendments are proposed to the Office’s oil spill contingency plan regulations, which require operators and owners of vessels and facilities who are required to have con - tingency plans to identify certified spill management teams in their plans, and to a

definitions and abbre - viations regulation. This action implements statutory changes made in A.B. 1197 (Stats.2017, ch. 584).

Title 14 Adopt: 830.1, 830.2, 830.3, 830.4, 830.5, 830.6, 830.7, 830.8, 830.9, 830.10, 830.11 Amend: 790, 815.05, 815.07, 816.02, 817.02, 817.03, 818.02, 818.03, 817.04, 825.05, 825.07, 826.02, 826.03, 827.02 Filed 12/28/2021 Effective 04/01/2022 Agency Contact: Christine Kluge (916) 327–0910 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter.

For additional information on actions taken by OAL, please visit www.oal.ca.gov.

Document details

CollectionCalifornia Z Register
CitationCal. Reg. Notice Reg. 2022, No. 1
Typegazette
Languageen
Formatpdf
SourceCA_ZREG
Identifierb16c8560cd32ce2a59adde35ff47f46c31219f6e

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California Regulatory Notice Register — Register 2022, No. 1-Z (JANUARY 7, 2022)

Cal. Reg. Notice Reg. 2022, No. 1

California Z Register

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