GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 16-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW APRIL 22, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2022–0412–02 ......................................... 465 Amendment State Agency: Department of Child Support Services TITLE 9. DEPARTMENT OF REHABILITATION Vocational Rehabilitation Program — Notice File Number Z2022–0412–03 .................................. 466 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Amend Commission Regulation 1005 — Notice File Number Z2022–0411–01 ................................ 468 GENERAL PUBLIC INTEREST BOARD OF FORESTRY AND FIRE PROTECTION Notice of Correction — Meadows and Wet Areas, and Cutover Land Amendments ............................ 471 DEPARTMENT OF TOXIC SUBSTANCES CONTROL De Minimis Settlement for the BKK Class I Landfill .................................................... 471 DISAPPROV AL DECISION STATE PERSONNEL BOARD Appeals Process Reimbursement ................................................................... 472

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 474 Time- Dated Material The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 16-Z 465 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vest - ed in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT STATE AGENCY: Department of Child Support Services A written comment period has been established commencing on April 22, 2022, and closing on June 6, 2022.

Written comments should be directed to the Fair Political Practices Commission, Attention Amanda Apostol, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code(

s) will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission. If a public hear - ing is requested, the proposed code(

s) will be submit - ted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of– interest code(s), proposed pursuant to Government Code

Section 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed code(

s) to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar - guments, or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code(s). Any writ - ten comments must be received no later than June If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or increased costs to local government which may re - sult from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Government Code

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

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict–of– interest code(

s) should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. A VAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Commission should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 16-Z 466 3000, Sacramento, California 95811, telephone (916) 322–5660. TITLE 9. DEPARTMENT OF REHABILITATION The Department of Rehabilitation (hereinafter “Department”) proposes to adopt the proposed regula- tions described below after considering all comments, objections, and recommendations regarding the pro - posed action. PUBLIC HEARING The Department did not

schedule a public hearing on this proposed action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the written comment period, which would be by June 9, 2022.

WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to: Department of Rehabilitation Office of Legal Affairs and Regulations Attention: Michele Welz 721 Capitol Mall Sacramento, California 95814 Comments may also be submitted electronically by email to Legal@dor.ca.gov or by facsimile to (916) 558–5806. The written comment period closes on June 24, 2022. The Department will consider only comments received at the Department’s office by that time.

When commenting, please indicate the proposed rulemaking action to which your comment refers, as well as to the regulation

section number commented on. For exam - ple, “section 7149”. AUTHORITY Sections 19006 and 19016 of the Welfare and Institutions Code (Welf. & Inst. Code) authorizes the Department to adopt these proposed regulations. REFERENCE The proposed regulations implement, interpret, and make specific the following federal and state laws and regulations: 29 United States Code (U.S.C.) sections 701, 705, 720, 721, 722, 723, 733, 794, and 3002; 2 Code of Federal Regulations (C.F.R.)

section 200.317; 28 Code of Federal Regulations

section 35.107; 34 Code of Federal Regulations sections 100.6, 100.7, 104.7, 104.51, 104.61, 361.1, 361.5, 361.12, 361.13, 361.19, 361.21, 361.22, 361.29, 361.36, 361.37, 361.38, 361.41, 361.42, 361.43, 361.44, 361.45, 361.46, 361.47, 361.48, 361.50, 361.51, 361.52, 361.53, 361.54, 363.4, 363.55, and 370.6; Welfare and Institutions Code sec- tions 14113, 19000, 19005, 19006, 19011, 19012, 19013, 19013.5, 19016, 19100, 19102, 19103, 19150, 19151, 19400, 19401, 19700.1, 19703, 19704, and 19705; Health and Safety Code sections 121022 and 121025; and Civil Code sections 1798.3, 1798.24, 1798.25, 1798.30, 1798.34, 1798.37, and 1798.40. INFORMATIVE DIGEST

Summary of Existing Laws and Effect of the Proposed Action This rulemaking action amends title 9 of the California Code of Regulations (CCR) to include all changes made to the federal law and regulations man- dated by the 2014 amendment to the Rehabilitation Act of 1973. The Rehabilitation Act of 1973, as amended (20 U.S.C.

section 701 et seq.), and implementing feder - al regulations (34 C.F.R.

section 361 et seq.), governs the state’s vocational rehabilitation program for indi - viduals with disabilities, which is administered by the Department, as the designated state unit in California. (29 U.S.C.

section 721(a)(20), 34 C.F.R.

section 361(c) (12) and (13), Welf. & Inst. Code,

section 19005.1.) As such, the Department is obligated to adopt poli - cies and procedures consistent with the federal laws and regulations governing the vocational rehabilita - tion program. (29 U.S.C.

section 721, 34 C.F.R.

section 361.4, Welf. & Inst. Code, sections 19011 and 19012.) In 2014, the Workforce Innovation and Opportunity Act, also referred to as the WIOA (Pub.L. No. 113– 128 (July 22, 2014)), made significant changes to the Rehabilitation Act of 1973, including greater empha - sis on competitive integrated employment and early interventions for students to better prepare them for a future of work. (29 U.S.C.

section 701(b).) In 2016, the federal implementing regulations were amend - ed by the United States Department of Education. Consequently, the state adopted the amendments made to the Rehabilitation Act of 1973 by the Workforce Innovation and Opportunity Act in Welfare and Institutions Code

section 19011. All changes made to federal law and regulation as a result of the amend - ment to the Rehabilitation Act are being adopted by the Department in this rulemaking action consistent with the legal obligations of a designated state unit. When a state agency’s proposed regulation is identi- cal to a previously adopted or amended federal regula- tion, Government Code

section 11346.2(

c) allows the

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 16-Z 467 agency to make a statement to that effect and to cite where an explanation of the federal regulation can be found to satisfy the Administrative Procedure Act requirements for rulemaking.

Explanations of the changes made can be found in United States Department of Education, Rehabilitation Services Administration’s description of the final federal reg - ulations implementing the Workforce Innovation and Opportunity Act released in the Federal Register (Volume 81, Number 161, 55682–55683, August 19, 2016) available at: https://www.federalregister.gov/ documents/2016/08/19/2016–15980/state–vocational– rehabilitation–services–program–state–supported– employment–services–program .

Objective and Anticipated Benefits of the Proposed Regulation The broad objective of this regulation is to make the state regulations consistent with current federal law and regulations. As mentioned above, the Workforce Opportunity and Innovation Act made significant changes to the scope, delivery, and coordination of vocational rehabilitation services and programs.

This proposed regulatory action will provide staff, appli - cants, consumers, and other members of the public with a single, comprehensive source of the policies and procedures that are specific to California’s voca - tional rehabilitation program and consistent with fed - eral law and regulation. Evaluation of Inconsistency or 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 other regulations that would relate to or affect the state vocational rehabilitation system, the Department has concluded that these regulations are consistent with any and all other state regulations that concern California’s vocational rehabilitation program. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following 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 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 Department is not aware of any cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Significant, statewide adverse economic impact directly affecting business, including the ability of California business to compete with businesses in oth- er states: None. Significant effect on housing costs: None. Small Business Determination: Because the chang - es made in this rulemaking will increase the number of services delivered to students than what is currently given, there may be a positive impact on small busi - nesses that provide vocational rehabilitation products or services to students.

Results of the Economic Impact Analysis and Assessment The Department concludes that it is unlikely that the proposal will (1) eliminate any jobs, (2) create any jobs, (3) create any new businesses, (4) eliminate any existing businesses, and (5) result in the expansion of businesses currently doing business within the state. The Department bases the assessment on the fact that the rulemaking is duplicating and adopting feder - al regulations that have been in effect since 2016 and have had no detrimental or markedly beneficial eco - nomic impact since that time.

Benefits of the Proposed Action: The proposed amendments and additions will benefit the health and welfare of California residents by making the state regulations consistent with federal laws and regula - tions on the topic. It will have little or no effect on worker’s safety or the state’s environment. The agency is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action.

Small Business Determination The Department has determined that the proposed regulations may affect small business by increasing some business with companies who deliver vocational rehabilitation goods and services to students. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is pro - posed or would be as effective and less burdensome to any affected private persons than the proposed action, or would be more cost-effective to affected privtate persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to present statements or arguments with respect to alternatives to

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 16-Z 468 the proposed regulations at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed rulemaking ac - tion may be directed to: Michele Welz Department of Rehabilitation Office of Legal Affairs and Regulations 721 Capitol Mall Sacramento, California 95814 Phone: (916) 558–5825 Email: Legal@dor.ca.gov The back–up contact person for these inquiries is: Elizabeth Colegrove, Attorney III Department of Rehabilitation Office of Legal Affairs and Regulations 721 Capitol Mall Sacramento, California 95814 Phone: (916) 558–5825 Email: Legal@dor.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 ad - dress.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice of Proposed Rulemaking, Proposed Text of the Regulations, Proposed Text of the Regulations with Word Cues (in compliance with Government Code

section 11346.6 for persons with a visual or commu - nication disability), and Initial Statement of Reasons. Please direct requests for copies to the contact per - son(

s) listed above. In an abundance of caution relat - ing to COVID–19, please contact Legal@dor.ca.gov or (916) 558–5825 if you wish to make an appointment to review the rulemaking file in person. The documents identified above in the rulemaking file are also on the Department’s website at www.dor.ca.gov. A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed reg- ulations substantially as described in this Notice.

If the Department makes modifications that 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 Michele Welz at the address indicated above or email at Legal@dor.ca.gov. The Department will accept written comments on the modified regula - tions for 15 days after the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Michele Welz at the address indicated above. REASONABLE ACCOMMODATION STATEMENT The Department shall provide, upon request, a nar - rative description of the proposed changes includ - ed in the proposed action, in the manner provided by Government Code

Section 11346.6, to accommodate a person with a visual or other disability for which effec- tive communication is required under state or feder - al law. Providing the description of proposed changes may require extending the period of public comment on the proposed action for the requesting party. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, Initial Statement of Reasons, Proposed Text of the Regulations, and Proposed Text of Regulations with Word Cues indicating strikeout and underline can be accessed via the Department’s website at www.dor. ca.gov. TITLE 11.

PEACE OFFICER STANDARDS AND TRAINING AMENDMENT TO REPEAL TRAINING SPECIFICATION FOR THE INVESTIGATION AND TRIAL PREPARATION COURSE, AND INCORPORATE BY REFERENCE TRAINING SPECIFICATION FOR THE DISTRICT ATTORNEY INVESTIGATOR TRANSITION COURSE COMMISSION REGULATION 1005 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described below in

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 16-Z 469 the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

Section 11346.8, any interested person, or his/her duly authorized rep - resentative, 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 June 6, 2022. Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 227–4547, by email to David Cheng at david.cheng@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 Penal Code (PC)

Section 13503(

e) authorizes POST to develop and implement programs to increase the ef- fectiveness of law enforcement, including programs involving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In 2018, the Commission approved a change to Commission Regulations 1005 and 1015 and Commission Procedure D–14, which changed the ti - tle of the Investigation and Trial Preparation Course to District Attorney Investigator Transition Course. In addition to the title change, the hours were reduced from 80 to 40 and the number of required learning do- mains was reduced to nine.

These changes were rec - ommended to better reflect the needs of the stakehold- ers and were identified by a group of subject matter experts. This rulemaking action clarifies, and makes spe - cific, changes to repeal the incorporated by reference document Training Specifications for the Investigation and Trial Preparation Course and incorporate by reference the document Training Specifications for District Attorney Investigator Transition Course.

Currently, Commission Regulation 1005 states, “The document, Training Specifications for the Investigation and Trial Preparation Course adopted ef- fective January 1, 2002, and amended January 1, 2009, is herein incorporated by reference.” The regulation proposed in this rulemaking ac - tion will repeal the document that is no longer in use, and incorporate by reference the document Training Specifications for District Attorney Investigator Transition Course.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will clarify the specific Training Specification required for district attorney investigators or inspectors, which will increase the ef- ficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, and 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 amend - ments are not inconsistent nor incompatible with ex - isting regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state.

FORMS INCORPORATED BY REFERENCE Training Specifications for the District Attorney Investigator Transition Course effective October 1, 2022 DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None.

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

Small Business Determination: POST has deter - mined that the proposed regulations will not affect

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 16-Z 470 small business because the regulations only affect state agencies that are adopting, amending, or repeal - ing regulations. Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses.

RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create or eliminate jobs in the state of California, (2) unlikely that the proposal will create or eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Overview, the benefits of the regulation will increase the efficiency of the state of California in delivering services to stakeholders by providing clarity to the re- quirements for background inquiries when evaluat - ing a candidate for peace officer selection. Thus, the law enforcement standards are maintained and effec - tive in preserving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the State’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5, subdivision (a)(13), POST must determine that no reasonable alternative 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, or would be as ef - fective as and less burdensome to affected private per- sons than the proposed action, or would be more cost– effective to affected private persons and equally effec- tive in implementing the statutory policy or other pro- vision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory ac - tion may be directed to David Cheng , Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630, at (916) 227–4855. 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 proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630. These documents are also lo - cated on the POST Website at https://post.ca.gov/ Regulatory–Actions.

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

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

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

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

s) named above.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 16-Z 471 GENERAL PUBLIC INTEREST BOARD OF FORESTRY AND FIRE PROTECTION NOTICE OF CORRECTION “MEADOWS AND WET AREAS, AND CUTOVER LAND AMENDMENTS” TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS DIVISION 1.5,

CHAPTER 4, SUBCHAPTERS 1, 3, 4, 5, 6, AND 7 AMEND §§ 895.1, 906, 912.7 (932.7, 952.7), 912.9 (932.9, 952.9), 913.4 (933.4, 953.4), 916.3 (936.3, 956.3), 921.4 (961.4), 923.1 (943.1, 963.1), 923.4 (943.4, 963.4), 927.10, 953.7 953.12, 1027.1, 1034, 1038.4, 1051, 1051.4, 1072.4, 1090.5, 1092.09, 1094.6, AND 1094.8 [NOTICE PUBLISHED IN THE CALIFORNIA REGULATORY NOTICE REGISTER MARCH 4, 2022] CORRECTION TO THE DATE AND LOCATION OF PUBLIC HEARING On March 4, 2022, the Board of Forestry and Fire Protection (Board) published the Notice of Proposed Action regarding “Meadows and Wet Areas, and Cutover Land Amendments 2022.” The Board is here- by correcting the public comment period, and location and date that the public hearing will be held as pub - lished within that Notice of Proposed Action.

Within the previously published Notice of Proposed Action, the location of the public hearing was identified as via the virtual meeting platform of GoToWebinar on May 4, 2022. The hearing has been re–scheduled and re–located. The revised hearing will be conducted on May 5, 2022, at the Board’s regularly scheduled meeting commencing at 9:00 a.m., at the Natural Resources Building Auditorium, 715 P Street, Sacramento, CA as well as via the virtual meeting platform of GoToWebinar. Due to this change, the written comment period will end at the conclusion of the public hearing on May 5, 2022.

All other informa- tion contained within the originally published notice remains unchanged. CONTACT PERSON Any questions regarding the re–scheduling of the public hearing, requests for copies of the proposed text of the regulations, the Initial Statement of Reasons, modified text of the regulations and any questions re - garding the substance of the proposed action may be directed to: Board of Forestry and Fire Protection Attention: Jane Van Susteren Regulations Coordinator P.O. Box 944246 Sacramento, CA 94244–2460 Telephone: (916) 619–9795 The designated backup person in the event Ms.

Van Susteren is not available is Eric Hedge, Regulations Program Manager for the Board of Forestry and Fire Protection. Mr. Hedge may be contacted at the above address or by phone at (916) 902–5048.

DEPARTMENT OF TOXIC SUBSTANCES CONTROL NOTICE OF PROPOSED HSAA AND CERCLA ADMINISTRATIVE DE MINIMIS SETTLEMENT FOR THE BKK CLASS I LANDFILL 30–DAY PUBLIC COMMENT PERIOD: APRIL 22, 2022 THROUGH MAY 23, 2022 WHAT IS BEING PROPOSED: The California Department of Toxic Substances Control (“DTSC”) invites public comment on a Proposed Administrative Consent Order and Settlement Agreement De Minimis Contributors (“Proposed Order and Agreement”), Docket Number HSA–FY21/22–114.

In accordance with applicable law, DTSC hereby provides notice of a proposed de minimis settlement concerning the BKK Class I Landfill in West Covina, California (the “Site”). DTSC proposes to enter into this order and de mi- nimis settlement pursuant to the Carpenter–Presley– Tanner Hazardous Substance Account Act, Health and Safety Code sections 25358.3, 25360, and 25360.6, and Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) sec - tions 107 and 113 (42 U.S.C. §§ 9607, 9613).

This settle- ment is intended to resolve liabilities of the 17 settling parties identified below (individually, “ De Minimis Settling Party,” and collectively, “De Minimis Settling Parties”) for past and future response costs incurred at the Site. The Proposed Order and Agreement serves as an administrative order and settlement with DTSC,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 16-Z 472 and a private party settlement with the BKK Working Group (“BWG”), a group comprised of potentially re- sponsible parties that have incurred response costs re- lated to the Site. The De Minimis Settling Parties will receive a Site–wide covenant not to sue from DTSC and the BWG, as well as contribution protection for the specific matters addressed in the settlement, pur - suant to

section 25360.6(

b) of the California Health and Safety Code, and

section 113(f)(2) of CERCLA (42 U.S.C. § 9613(f)(2)). The De Minimis Settling Parties collectively sent a combined total of 25,609.40 tons of waste to the Site, which represents 0.49 percent of the approximate - ly 5.18 million tons of manifested waste disposed of at the Site. This settlement requires the De Minimis Settling Parties to collectively pay a combined total of $11,970,089.64. Ten percent of the settlement amount will be paid to DTSC as reimbursement for past re - sponse costs relating to the Site.

After certain costs related to the Proposed Order and Agreement are re - imbursed to DTSC and the BWG, as specified in the Second Disbursement Amendment to the Third Partial Consent Decree ( see Cal. Dep’t of Toxic Substances Control v. Am. Honda Motor Co. Inc., No. 2:15–CV– 00729–DDP–AJW (C.D. Cal., Feb. 2, 2015)), the re - maining settlement amount will be distributed to the Third–Party PRP Settlement Escrow Account, which will fund future response actions at the Site.

The identities of the De Minimis Settling Parties that have elected to settle their liability with DTSC and the BWG under Proposed Order and Agreement, Docket Number HSA–FY21/22–114 are as follows: 1. Dulien Enterprises, Fredrick M. Dulien and the Estate of Merle Dulien; 2. Reuland Electric Co.; 3. Matrix Science Corporation; 4. Intel Corporation; 5. Nalco Chemical Company c/o Ecolab Inc.; 6. Georgia–Pacific LLC; 7. Faberge, Inc.; 8. Bestfoods, Inc.; 9. Fragrance Development Corporation; 10. Helene Curtis Industries, Inc.; 11. Cheesebrough–Pond’s USA Co.; 12. Textron, Inc.; 13. Robertshaw Controls; 14.

Norac Co.; 15. Armco Steel Corp.; 16. Avery Dennison Corporation; and 17. Alcan Aluminum Corp. HOW YOU CAN PARTICIPATE: You can re - view the Proposed Order and Agreement and submit your comments, if any, to DTSC. WHERE TO FIND THE PROPOSED ORDER AND AGREEMENT: The Proposed Order and Agreement can be found for review at the following locations:

(1) On the following DTSC website: https://dtsc. ca.gov/third–party–initiative–cost–recovery .

(2) At the West Covina Library: 1601 W. West Covina Parkway, West Covina, CA 91790. The telephone number for the West Covina Library is (626) 962–3541.

(3) In EnviroStor, which can be accessed at https:// www.envirostor.dtsc.ca.gov/public/profile_ report.asp?global_id=19490005 (additional Site documents also can be found in EnviroStor). WHERE TO SUBMIT COMMENTS: Comments should be in writing and should be submitted to BKK Third Party Initiative, 8800 Cal Center Drive, Sacramento, CA 95826 or BKKPRPsupport@dtsc. ca.gov. All comments should include “BKK Proposed Order and Agreement Docket Number HSA–FY21/22– 114” in the subject line of the email or letter.

DTSC will accept written comments relating to the Proposed Order and Agreement between April 22, 2022 and May 23, 2022 . DTSC will consider all comments postmarked or received during this period and may modify or withdraw the Proposed Order and Agreement with respect to any De Minimis Settling Party if any comment discloses facts or considerations indicating that the Proposed Order and Agreement is inappropriate, improper, or inadequate as to that De Minimis Settling Party.

FOR ADDITIONAL QUESTIONS ABOUT THE SITE: Please contact the following DTSC staff: BKK Third Party Initiative 8800 Cal Center Drive Sacramento, CA 95826 (833) 343–0053 BKKPRPsupport@dtsc.ca.gov Elsa Lopez Public Participation Specialist 9211 Oakdale Ave. Chatsworth, CA 91311 (818) 717–6566 Elsa.Lopez@dtsc.ca.gov Russ Edmondson Public Information Officer P.O. Box 806 Sacramento, CA 95812 (916) 323–3372 Russ.Edmondson@dtsc.ca.gov In order to receive public notices for future proposed de minimis settlements via email, please visit https://

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 16-Z 473 dtsc.ca.gov/dtsc–e–lists and subscribe to the E–List ti- tled, “BKK Class I Landfill PRP Public Notices.” DISAPPROV AL DECISION STATE PERSONNEL BOARD DECISIONS OF DISAPPROV AL OF REGULATORY ACTIONS Printed below is the

summary of an Office of Administrative Law disapproval decision. The full text of disapproval decisions are available by con - tacting our Reference Attorney at staff@oal.ca.gov or (916) 323–6815 or by mail to Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814. Please request by OAL file number. STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE LAW In re: State Personnel Board Regulatory Action: Title 2, California Code of Regulations Amend sections: 52.4, 243.2, 243.3, and 243.6 Government Code

Section 11349.3 OAL File No. 2021–1014–03 OAL Matter Type: Regular (

S) SUMMARY OF REGULATORY ACTION This regulatory action by the State Personnel Board (Board) proposed to amend sections 52.4, 243.2, 243.3, and 243.6 in title 2 of the California Code of Regulations (CCR) to clarify the procedures for ap - peal applicable to voided appointments and orders for reimbursement of compensation. On October 14, 2021, the Board submitted the above–referenced regulatory action to the Office of Administrative Law (OAL) for review.

On April 1, 2022, OAL notified the Board that OAL disap - proved the proposed regulatory action pursuant to the Administrative Procedure Act (APA). 1 This Decision of Disapproval of Regulatory Action explains the rea- sons for OAL ’s action. 1 O A L ’ s 3 0– w o r k i n g – d a y r e v i e w p e r i o d s p e c i fi e d i n G o v e r n- ment Code

section 11349.3, subdivision (a), ended on November 30, 2021. However, OAL’s 30–working–day review period was extended pursuant to Executive Orders N–40–20 and N–71–20. As such, the extended review due date for this regulatory action was April 1, 2022. DECISION OAL disapproved the above–referenced regulatory action for the following reasons: 1. T he proposed regulatory changes failed to com - ply with the clarity standard of Government Code

section 11349.1, subdivision (a)(3); 2. T he proposed regulatory changes failed to com - ply with the necessity standard of Government Code

section 11349.1, subdivision (a)(1); and 3. T he Board did not follow the required APA pro - cedures by failing to: 3.1 i nclude a transcript, recording, or minutes from the public APA hearing on December 29, 2020 in the rulemaking record, pursuant to Government Code

section 11347.3(b)(8); 3.2 i nclude a sufficiently detailed transcript, re - cording, or minutes from the Board meet - ing to adopt the regulations on September 9, 2021 in the rulemaking record, pursuant to CCR, title 1,

section 90; 3.3 i nclude a Statement of Mailing in the rulemaking record, pursuant to CCR, title 1,

section 86; 3.4 i nclude Statements of Mailing for 15–day modifications to text in the rulemaking re - cord, pursuant to CCR, title 1,

section 44(b); 3.5 i nclude all required information in the Updated Informative Digest, pursuant to Government Code

section 11346.9(b); 3.6 s ummarize and respond to all public com - ments containing objections or recommen - dations, pursuant to Government Code sec - tion 11346.9(a)(3); and 3.7 p rovide a properly completed Form 399 pursuant to

Chapter 6000 of the State Administrative Manual. CONCLUSION For the foregoing reasons, OAL disapproved the above–referenced regulatory action. Pursuant to Government Code

section 11349.4, subdivision (a), the Board may resubmit revised regulations within 120 days of its receipt of this Decision of Disapproval of Regulatory Action. A copy of this Decision will be emailed to the Board on the date indicated below. The Board must make any substantive regulato - ry text changes, which are sufficiently related to the originally noticed text, available for public com - ment for at least 15 days pursuant to subdivision (

c) of Government Code

section 11346.8 and

section 44 of title 1 of the CCR. Additionally, any supplement to the ISOR or other document the Board may create or propose to add to the rulemaking record to address

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 16-Z 474 the issues discussed above must be made available for public comment for at least 15 days pursuant to Government Code

section 11347.1. Any comments made in response to the proposed modifications must be presented to the Board for consideration prior to the adoption of the final regulation text and any objec- tions or recommendations must be summarized and responded to in the FSOR. The Board must resolve all other issues raised in this Decision of Disapproval of Regulatory Action prior to the resubmittal of this reg - ulatory action.

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.

California Alternative Energy and Advanced Transportation Financing Authority File # 2022–0224–04 Sales and Use Tax Exclusion Program This Certificate of Compliance action makes per - manent emergency regulations that streamline admin- istration of the Sales and Use Tax Exclusion Program which is available to qualifying manufacturers and re- cyclers for projects and products that create California– based manufacturing jobs or advanced manufacturing processes or reduce greenhouse gases, air and water pollution, or energy consumption. More specifically, the action revises

definitions, application and eligibil- ity requirements, and compliance deadlines, and up - dates cross references and subdivision numbering.

Title 04 Amend: 10031, 10032, 10033, 10034, 10035, 10036 Filed 04/07/2022 Effective 04/07/2022 Agency Contact: Matt Jumps (916) 651–5103 Department of Corrections and Rehabilitation File # 2022–0225–02 Body–Worn Cameras This certificate of compliance makes permanent an emergency by operational necessity and adopts pro - visions governing the implementation of body worn cameras at the California Institution for Women; California State Prison, Corcoran, Kern Valley State Prison; California State Prison, Los Angeles County; Richard J.

Donovan Correctional Facility; and the Substance Abuse and Treatment Facility and State Prison, Corcoran.

Title 15 Adopt: 3270.3 Filed 04/11/2022 Effective 04/11/2022 Agency Contact: Renee Rodriguez (916) 446–2244 Department of Resources Recycling and Recovery File # 2022–0222–03 Structure for Multiple Covered Electronic Waste Payment Rates This timely certificate of compliance (2018– 0502–04E, 2020–0318–04EE) by the Department of Resource Recycling and Recovery makes permanent the action that split the existing Covered Electronic Waste (CEW) recycling payment rate into separate payment rates for Cathode Ray Tubes (CRTs) and non– CRT CEW and also added a requirement that recyclers report separately the net costs associated with recy - cling CRT CEW and with recycling non–CRT CEW.

Title 14 Amend: 18660.5, 18660.10, 18660.21, 18660.34 Filed 04/06/2022 Effective 04/06/2022 Agency Contact: Irina Kaminer (916) 341–6396 Department of Social Services File # 2022–0222–02 CalWORKs Homeless Assistance, Domestic Abuse, etc. This certificate of compliance makes permanent emergency amendments to the Manual of Policies and Procedures (MPP) to implement statutory changes re - garding CalWORKs and applicants fleeing domestic abuse, family reunion cases, victims of natural disas - ters, and related matters.

Title MPP Amend: 40–105, 40–190, 42–407, 42–715, 44–211, 82–812 Filed 04/06/2022 Effective 04/06/2022 Agency Contact: Everardo Vaca (916) 657–2363

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 16-Z 475 Division of Workers’ Compensation File # 2022–0401–01 Administration of Qualified Medical Examiner Program The Division of Workers’ Compensation (DWC) in this resubmittal of their certificate of compliance (2020–0504–01E, 2021–0219–02EE, 2021–0920– 02EE, 2022–0106–02C) is making permanent the ability of participants in the workers’ compensation system to continue to receive medical–legal reports via electronic service.

Title 08 Adopt: 36.7 Filed 04/12/2022 Effective 04/12/2022 Agency Contact: Nicole Richardson (510) 286–0656 California Film Commission File # 2022–0330–03 California Soundstage Filming Tax Credit Program This emergency rulemaking action by the California Film Commission adopts regulations to implement a tax credit for qualified expenditures paid or incurred during a taxable year by a qualified motion picture produced in California at a certified studio construc - tion project as provided for in Revenue and Taxation Code sections 17053.98(

k) and 23698(k). Title 10 Adopt: 5530, 5531, 5532, 5533, 5534, 5535, 5536, 5537, 5538, 5539, 5540, 5541 Filed 04/11/2022 Effective 04/11/2022 Agency Contact: Nancy Rae Stone (323) 860–2960 Department of Transportation File # 2022–0328–02 State Route 710 Sales Program This emergency rulemaking action by the Department of Transportation amends the regulations governing the sales process for properties covered by the State Route 710 Sales Program in the City of South Pasadena and updates general sales requirements ap - plicable to the SR 710 Sales Program.

Title 21 Adopt: 1477.3, 1484.3 Amend: 1475, 1477, 1477.1, 1477.2, 1477.4, 1483, 1483.1, 1485, 1485.1, 1486, 1487, 1488, 1489 Filed 04/07/2022 Effective 04/07/2022 Agency Contact: Carolyn Dabney (916) 716–7808 California Alternative Energy and Advanced Transportation Financing Authority File # 2022–0405–01 Commercial Energy Efficiency Financing Program This action by the California Alternative Energy and Advanced Transportation Financing Authority readopts emergency regulations concerning the “Commercial Energy Efficiency Financing Program” and is deemed an emergency under Public Resources Code

section 26009. Title 04 Adopt: 10092.15 Amend: 10092.1, 10092.2, 10092.3, 10092.4, 10092.5, 10092.6, 10092.7, 10092.8, 10092.9, 10092.10, 10092.11, 10092.12, 10092.13, 10092.14 Filed 04/12/2022 Effective 04/18/2022 Agency Contact: Jonathan Verhoef (916) 653–1375 Alcoholic Beverage Control Appeals Board File # 2022–0225–04 Conflict–of–Interest Code This is a Conflict–of–Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing.

Title 04 Amend: 200.1 Filed 04/07/2022 Effective 05/07/2022 Agency Contact: Taryn Kinney (916) 445–4005 Department of Insurance File # 2022–0302–02 CAARP Plan of Operations This action makes changes to the California Automobile Assigned Risk Plan (CAARP) Plan of Operations, which is incorporated by reference in title 10, California Code of Regulations,

section 2498.4.9. This action is exempt from the Administrative Procedure Act pursuant to Insurance Code

section 11620(c). Title 10 Amend: 2498.4.9 Filed 04/13/2022 Effective 04/13/2022 Agency Contact: Michael Riordan (415) 538–4226

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 16-Z 476 Office of Environmental Health Hazard Assessment File # 2022–0228–01 Chemicals Known to the State to Cause Cancer or Reproductive Toxicity This file and print request by the Office of Environmental Health Hazard Assessment updates the list of Chemicals Known to the State to Cause Cancer or Reproductive Toxicity to identify Perfluorooctanoic Acid (PFOA) as a chemical known to the state to cause cancer. This action is exempt from the Administrative Procedure Act pursuant to Health and Safety Code

section 25249.8. Title 27 Amend: 27001 Filed 04/12/2022 Effective 02/25/2022 Agency Contact: Tyler Saechao (916) 327–3015 Physical Therapy Board of California File # 2022–0302–01 Physical Therapy Assistant Applicant Supervision & Sponsored Free Health Care Events This change without regulatory effect repeals or amends existing regulations pertaining to sponsored health care events as required to be consistent with the repeal of Business and Professions Code

section 901. Title 16 Amend: 1399.12 Repeal: 1399.99.1, 1399.99.2, 1399.99.3, 1399.99.4 Filed 04/13/2022 Agency Contact: Elsa Ybarra (916) 561–8262 California Horse Racing Board File # 2021–1026–02 Public Participation at Meetings This rulemaking action by the California Horse Racing Board adopts regulations governing pub - lic comment procedures for meetings subject to the Bagley–Keene Open Meeting Act (Government Code

sec. 11120 et seq.). Title 04 Adopt: 1415 Filed 04/07/2022 Effective 07/01/2022 Agency Contact: Nicole Lopes–Gravely (916) 263–6397 Commission on Peace Officer Standards and Training File # 2022–0224–01 Minimum Training Standards for Instructors This rulemaking action by the Commission on Peace Officer Standards and Training amends mini - mum content requirements for instructor courses to remove requirements relating to the Driver Training Simulation Instructor Course.

Title 11 Amend: 1070, 1082 Filed 04/06/2022 Effective 07/01/2022 Agency Contact: Steve Harding (916) 227–2816 Commission on Peace Officer Standards and Training File # 2022–0224–02 Minimum Training Standards for Instructors — Force Option Simulator This regular rulemaking action by the Commission on Peace Officers Standards and Training amends Instructor Training requirements to remove training courses for the Force Option Simulator.

Title 11 Amend: 1070, 1082 Filed 04/07/2022 Effective 07/01/2022 Agency Contact: Steve Harding (916) 227–2816 Department of Justice File # 2021–1229–06 California Restraining and Protective Order System (CARPOS) This regular rulemaking action by the Department of Justice adopts the processes and procedures to re - quest, receive, secure, store, disseminate, and destroy California Restraining and Protective Order System data.

Title 11 Adopt: 962, 963, 964, 965, 966, 967, 968 Filed 04/07/2022 Effective 07/01/2022 Agency Contact: Kevin Sabo (916) 210–7639 Department of Justice File # 2022–0301–01 California Pawn & Secondhand Dealer System This proposed rulemaking action by the Department of Justice (Department) updates California Pawn and Secondhand Dealer System requirements to align with Assembly Bill 1969 (Stats. 2020,

chapter 185). The Department is also seeking to update authority and reference citations, and revise existing language to in- clude gender–neutral pronouns. Title 11 Amend: 999.500, 999,502, 999.503, 999.504, 999.505, 999.506 Filed 04/13/2022 Effective 01/01/2023 Agency Contact: Kevin Sabo (916) 210–7639

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 16-Z 477 Respiratory Care Board File # 2021–1029–01 Driving Record, Military Applications and Disciplinary Guidelines This proposed action would streamline the applica - tion review process, expedite review of applications submitted by military personnel and their spouses, and update the board’s disciplinary guidelines.

Title 16 Amend: 1399.326, 1399.329, 1399.374 Filed 04/11/2022 Effective 07/01/2022 Agency Contact: Christine Molina (916) 999–2230 State Personnel Board File # 2022–0301–03 Merit Issue Complaints This rulemaking by the State Personnel Board amends procedures and requirements relating to merit issue complaints.

Title 02 Amend: 66.1 Filed 04/13/2022 Effective 07/01/2022 Agency Contact: Lori Gillihan (916) 651–1043 Department of Food and Agriculture File # 2022–0223–01 Administrative Penalty Schedules In this resubmitted rulemaking action, the Department adopts a regulation to establish admin - istrative penalty schedules for violations of statutory and regulatory provisions related to livestock disease control in the animal industry.

Title 03 Adopt: 839 Filed 04/06/2022 Effective 07/01/2022 Agency Contact: Angelina Velez (916) 718–8242 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.