California Regulatory Notice Register — Register 2022, No. 28-Z (JULY 15, 2022)

Cal. Reg. Notice Reg. 2022, No. 28

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 28-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JULY 15, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2022–0705–03 ........................................ 789 ADOPTION MULTI–COUNTY: California Intergovernmental Risk Authority Rocklin Academy TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Mexican Fruit Fly Interior Quarantine and Eradication Area — Notice File Number Z2022–0701–01 .......................................................................... 790 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Caribbean Fruit Fly Eradication Area — Notice File Number Z2022–0701–02 ............................... 793 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Commission Regulation 1081, California Law Enforcement Vehicle Pursuit Guidance — Notice File Number Z2022–0701–03 ................................................................ 795 TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION Health Care Administration — Notice File Number Z2022–0705–02 ....................................... 797 TITLE 20. ENERGY COMMISSION Small Power Plant Exemptions — Notice File Number Z2022–0630–01 .................................... 800 TITLE 23. STATE WATER RESOURCES CONTROL BOARD Water Right Notice and Reporting Regulation — Notice File Number Z2022–0705–01 ......................... 804 (Continued on next page)

ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Challenging Various Provisions Contained in the Department’ s Precertification Training Manual (Copyright 2017) .................................................................. 811

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 811 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 789 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES ADOPTION MULTI–COUNTY: California Intergovernmental Risk Authority Rocklin Academy A written comment period has been established commencing on July 15, 2022 and closing on August 29, 2022.

Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, Califor - nia 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 Sec - tion 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 Di- rector of the Commission, relative to review of the proposed conflict–of–interest code(s). Any written comments must be received no later than August 29, 2022. 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 in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined 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, re - vise the proposed codes and approve them as re - vised, or return the proposed codes for revision and re–submission.

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

s) should be made to Daniel Vo, 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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 790 respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture (Depart - ment) proposes to revise Title 3 of the California Code of Regulations (CCR) Sections 3417 and 3588 pertain- ing to the Mexican Fruit Fly (MFF) Interior Quaran - tine and Eradication Area. PUBLIC HEARING A public hearing is not scheduled.

However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a writ - ten request for a public hearing to the Department no later than 15 days prior to the close of the written com- ment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulations to the Department. Com - ments may be submitted by USPS, FAX or email. The written comment period closes on August 29, 2022.

The Department will consider only comments re - ceived at the Department offices by that date or post - marked no later than August 29, 2022. Submit com - ments to: Dean Kelch, Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) In Mr. Kelch’s absence, you may contact Erin Lovig at (916) 654–1017 or erin.lovig@cdfa.ca.gov.

Unless there are substantial changes to the pro - posed regulations prior to adoption, the Department may adopt the proposal as set forth in this notice with- out further notice to the public. Following the public hearing, if one is requested, or following the written comment period if none is requested, the Department, at its own motion, or at the instance of any interest - ed person, may adopt the proposal substantially as set forth without further notice.

AUTHORITY The Department proposes to amend Sections 3417 and 3588 pursuant to the authority vested by Sections 407, 5301, 5302,5322, 5761, 5762, 5763, and 5764 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5301, 5302, 5322, 5761, 5762, 5763 and 5764 of the Food and Agricultur- al Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of amending California Code of Regulations (CCR) Sections 3417(

c) and 3588(

b) is to revise and update the known host list for Mexican fruit fly in California regulations to coincide with the official Mexican fruit fly (Anastrepha ludens) host list promulgated on July 14, 2021 by the Animal and Plant Health Inspection Service (APHIS) and United Stated Department of Agriculture (USDA). EXISTING LAWS AND REGULATIONS Existing law, FAC

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

Section 5301, provides that the Secretary may establish, maintain, and enforce such quarantine regulations as they deem necessary to pro - tect the agricultural industry of this state from pests. The regulations may establish a quarantine at the boundaries of this state or elsewhere within the state. Existing law, FAC

Section 5302, provides that the Secretary may make and enforce such regulations as they deem necessary to prevent any plant or thing which is, or is liable to be, infested or infected by, or which might act as a carrier of, any pest, from passing over any quarantine line which is established and pro- claimed pursuant to this division. Existing law, FAC

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

Section 5321. Existing law, FAC

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 791 area, together with the means or methods which are to be used in the eradication or control of such pest. Existing law, FAC

Section 5762, provides that the Secretary may proclaim any pest with respect to which an eradication area has been proclaimed, and any stag- es of the pest, its hosts and carriers, and any premis - es, plants, and things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. Existing law, FAC

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

summary manner, may disinfect or take such other action, in - cluding removal or destruction, with reference to any such public nuisance, which they think is necessary. Existing law, FAC

Section 5764, provides that if an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to re- move and replace them with suitable nursery stock in lieu of treatment.

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENTS These regulations will benefit the public’s general welfare by minimizing the spread of Mexican fruit fly in California through regulation of host material and maintaining the current baseline of existing business - es currently doing business with the state.

The implementation of these regulations will help prevent: ● direct damage to the agricultural industry grow - ing host fruits ● indirect damage to the agricultural industry growing host fruits due to the implementation of quarantines by other countries and loss of export markets ● increased production costs to the affected agricul- tural industries ● increased pesticide use by the affected agricultur- al industries ● increased costs to the consumers of host fruits ● increased pesticide use by homeowners and others ● the need to implement a State interior quarantine ● the need to implement a federal domestic quarantine There is no existing, comparable federal regulation or statute regulating the intrastate movement of MFF hosts.

There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg - ulations addressing MFF, and it found that the pro - posed amendments are the only regulations dealing with this subject, and the Department is the only State agency which can designate these eradication areas for plant pests. As required by Government Code

Section 11346.5(a)(3)(D), the Department conducted an evalu- ation of sections 3417 and 3588 and determined that it is not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department will conduct an environ - mental analysis pursuant to the California Environ - mental Quality Act of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: Compliance ac- tivities are currently being performed by existing state staff throughout quarantine areas within the State. The Department is currently monitoring for fruit flies, and thus there is no change to the cost due to these regula- tions.

The Department has determined that no savings or increased costs to any state agency and no costs or savings in federal funding to the State will result from the amendment of sections 3417 and 3588. The amend- ment of these regulations would have no fiscal impact on the Department. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no non- discretionary costs or savings to local agencies or school districts. Other nondiscretionary cost or savings imposed on local agencies: None.

Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The amendment of sections 3417 and 3588

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 792 will provide authority for the Department to conduct eradication activities against MFF during future quar - antines and there are no known private sector cost im- pacts. The agency is not aware of any cost impacts that a representative person or business would necessari - ly incur in reasonable compliance with the proposed action.

Significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none to/or minimal/non–consequential. The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None.

Small business determination: The proposed action will not affect small business because compliance ac - tivities are currently being performed by existing state staff throughout quarantine areas within the State without any impact on small business.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that sections 3417 and 3588 amendments (1) will have no significant im- pact on the creation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the State of Cal - ifornia, (3) will have no impact on the expansion of businesses within the State of California, (4) are not expected to have a direct effect on the health and wel- fare if California residents, (5) are not expected to have a direct impact on the state’s environment, and (6) is not expected to have a direct impact on workers safety.

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

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

The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. INTERNET ACCESS The Department has posted the information regard - ing this proposed regulatory action on its Internet web- site ( www.cdfa.ca.gov/plant/Regulations.html). Cop - ies of the Notice of Proposed Action, the Initial State- ment of Reasons, and the text of the regulations in un- derline and strikeout can be accessed at this website.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice. If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the pub - lic for at least 15 days before the Department adopts the regulations as revised.

Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 793 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture (Depart - ment) proposes to revise Title 3 of the California Code of Regulations (CCR)

Section 3591.11 pertaining to the Caribbean Fruit Fly (CFF) Eradication Area. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a writ - ten request for a public hearing to the Department no later than 15 days prior to the close of the written com- ment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulations to the Department. Com - ments may be submitted by USPS, FAX or email.

The written comment period closes August 29, 2022. The Department will consider only comments received at the Department offices by that date or postmarked no later than August 29, 2022. Submit comments to: Dean Kelch, Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) In Mr. Kelch’s absence, you may contact Erin Lovig at (916) 654–1017 or erin.lovig@cdfa.ca.gov, FAX number (916) 651–2900.

Unless there are substantial changes to the proposed regulations prior to adoption, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the public. Fol- lowing the public hearing, if one is requested, or fol - lowing the written comment period if none is request- ed, the Department, at its own motion, or at the in - stance of any interested person, may adopt the pro - posal substantially as set forth without further notice. AUTHORITY The Department proposes to amend

Section 3591.11 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5761, 5762, 5763 and 5764 of the Food and Agricultural Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of amending California Code of Regulations (CCR) 3591.11 Caribbean Fruit Fly Eradication Area is to expand the eradication area for the Caribbean fruit fly (CFF) in California to include Santa Clara County.

This will allow targeted actions for detection, control, and eradication of CFF in Santa Clara County and reduce the chance of allowing nat - ural and artificial dispersal and the subsequent spread of the pest in California. Any eradication and quaran - tine actions taken by the Department will be in coop - eration with the USDA and the affected county agri - cultural commissioners. EXISTING LAWS AND REGULATIONS Existing law, FAC

Section 401 provides that the de- partment will promote and protect the agricultural in - dustry of the state. Existing law, FAC

Section 403, provides that the de- partment will prevent the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds. Existing law, FAC

Section 5322, provides that the Secretary may establish, maintain, and enforce quar - antine, eradication, and such other regulations as are in her opinion necessary to circumscribe and extermi- nate or prevent the spread of any pest that is described in FAC

Section 5321. Existing law, FAC

Section 5761, provides that the Secretary may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest. Existing law, FAC

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 794 are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. Existing law, FAC

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

summary manner, may disinfect or take such other action, in - cluding removal or destruction, with reference to any such public nuisance, which he thinks is necessary. Existing law, FAC

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT These regulations will benefit the apple, citrus, date, fig, guava, loquat, mango, peach, pear, pomegranate and tomato industries (nursery, fruit for domestic use and exports, packing facilities) and the environment (urban landscapes) by providing the Department erad- ication authority to prevent the artificial spread of the CFF over short and long distances. This amendment provides the necessary regulatory authority to prevent the artificial spread of a serious insect pest which is a mandated statutory goal.

There is no existing, comparable federal regulation or statute regulating the intrastate movement of CFF hosts. There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg - ulations addressing CFF, and it found that these are the proposed amendments are the only regulations dealing with this subject, and the Department is the only State agency which can designate these eradica - tion areas for plant pests. As required by Government Code

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

Section 3591.11 and has determined that it is not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall conduct environmen- tal analysis pursuant to the California Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guide- lines (Title 14 California Code of Regulations

Section 3591.11. The amend - ment of this regulation would have no fiscal impact on the Department. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no non- discretionary costs or savings to local agencies or school districts. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The amendment of

Section 3591.11 will pro- vide authority for the Department to conduct eradica - tion activities against CFF in Santa Clara County and there are no known private sector cost impacts. The agency is not aware of any cost impacts that a repre - sentative person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none to/or minimal/non–consequential.

The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None Small business determination: The proposed action will not affect small business because compliance ac - tivities are currently being performed by existing state staff throughout quarantine areas within the State without any impact on small business.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 795 RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the

Section 3591.11 amendment (1) will have no significant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the State of Califor - nia, (3) will have no impact on the expansion of busi - nesses within the State of California, (4) are not ex - pected to have a direct effect on the health and welfare if California residents and (5) are not expected to have a direct impact on the state’s environment and (6) is not expected to have a direct impact on workers safety.

A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, has available all the information upon which its proposal is based, and has available the express terms of the proposed action. A copy of the initial statement of reasons and the pro- posed regulations in underline and strikeout form may be obtained upon request. The location of the infor - mation on which the proposal is based may also be obtained upon request. In addition, the final statement of reasons will be available upon request.

Requests should be directed to the contact named herein. A VAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice. If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the pub - lic for at least 15 days before the Department adopts the regulations as revised.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING 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 the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

Section 11346.8, any interested person, or their duly authorized repre - sentative, 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 August 29, 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 Larry Ellsworth at larry.ellsworth@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 (PC)

Section 13503 (authority of POST), PC

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

Section 13503(e), which authorizes POST to develop and implement programs to increase the effectiveness of law enforce- ment, including programs involving training and edu - cation courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Commission Regulation 1081 establishes minimum training standards for legislatively mandated courses.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 796 Subsection (a), High-Speed Vehicle Pursuit Training, (4)(O), states the California Law Enforcement Vehi - cle Pursuit Guidelines (Rev. 2/2007) may be used by agencies to satisfy the requirement for training on “re- porting and post–pursuit analysis.” These guidelines are outdated and in need of revision and/or updating.

POST staff completed an update, and the regulation now requires an amendment to reflect the current ver- sion of the guidelines for agencies to use to satisfy the training on “reporting and post–pursuit analysis.” This rulemaking action clarifies and makes specif - ic Commission Regulation 1081 Subsection (a), High- Speed Vehicle Pursuit Training, (4)(O), California Law Enforcement Vehicle Pursuit Guidelines (Rev. 4/2022) as the appropriate reference to use in conjunc- tion with an agency’s pursuit policy to satisfy training requirements.

Currently, Commission Regulation 1081 referenc - es an outdated version of the guidelines: California Law Enforcement Vehicle Pursuit Guidelines (Rev. 2/2007). The regulation proposed in this rulemaking action will ensure agencies use the appropriate and current version of the guidelines when creating, delivering, or updating related training and in the creation or revi - sion of department policy.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will ensure consistency to contemporary practice and current legislative require- ments for the creation or revision of policy and for the delivery, creation, or revision of training, which will increase the efficiency of the state of California in de- livering services to its stakeholders. Thus, the law en - forcement 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 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 officers in the state.

FORMS INCORPORATED BY REFERENCE The California Law Enforcement Vehicle Pursuit Guidelines ( R e v . 4 / 2 0 2 2 ) a r e i n c o r p o r a t e d b y r e f e r- ence within Commission Regulation 1081. 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 persons 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 direct- ly affecting businesses, including the ability of Cali - fornia businesses to compete with businesses in oth - er states. Significant effect on housing costs: None. Small Business Determination: POST has deter - mined that the proposed regulations will not affect small business because the regulations only affect state agencies that are adopting, amending, or repeal - ing regulations.

Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed 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 Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser - vices to stakeholders by providing clarity to the re - quirements for background inquiries when evaluating a candidate for peace officer selection. Thus, the law enforcement standards are maintained and effective in preserving peace, and protection of public health, safety, and welfare in California. There would be no

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 797 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 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 Larry Ellsworth ( Larry. Ellsworth@post.ca.gov) Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630, at (916) 227–2820. General questions re - garding the regulatory process may be directed to Ka- tie Strickland (Katie.Strickland@post.ca.gov) at (916) 227–2802.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (t he “ex pr e s s t e r m s”) of t he r eg u lat ion s , t he i n it ia l st at e- ment of reasons, the modified text of the regulations 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 located on the POST Web- site at https://post.ca.gov/Regulatory–Actions.

ADOPTION OF PROPOSED REGULATIONS/ AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod - ify the proposal if such modifications remain suffi - ciently related to the text as described in the Informa - tive 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 ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is 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. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Reha - bilitation (CDCR), pursuant to the authority granted by Government Code (GC)

section 12838.5 and Penal Code (PC)

section 5055, and the rulemaking author - ity granted by PC

section 5058, proposes to amend sections 3999.98, and 3999.99, and to adopt sections 3999.500, 3999.501, 3999.502, 3999.503, and 3999.504 of the California Code of Regulations (CCR), Title 15, Division 3, concerning Health Care Administration. PUBLIC HEARING A virtual public hearing will be held on August 30, 2022. Go to https://cchcs.ca.gov/health–care–regs/ for the link to join the virtual hearing, or you may call (916) 701–9994 and enter phone conference ID 326325126# to join by phone (audio only) between the hours of 1:30 p.m. and 2:00 p.m. on August 30, 2022.

PUBLIC COMMENT PERIOD The public comment period will close on August 30, 2022 at 5:00 p.m. Any person may submit public comments in writing (by mail or by email) regarding the proposed changes. To be considered, comments must be submitted to California Correctional Health Care Services (CCHCS), Health Care Regulations and Policy Section, P.O. Box 588500, Elk Grove, CA, 95758, or by email to HealthCareRegulations@cdcr. ca.gov before the close of the comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 798 CONTACT PERSON Please direct any inquiries regarding this action to: R. Hart Associate Director Risk Management Branch California Correctional Health Care Services P.O. Box 588500 Elk Grove, CA 95758 (916) 691–2922 T. Adams Staff Services Manager II Health Care Regulations and Policy

Section California Correctional Health Care Services (916) 691–2921 AUTHORITY AND REFERENCE GC

section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obliga - tions, liabilities, and jurisdiction of abolished prede - cessor entities, such as: Department of Corrections, Department of the Youth Authority, and Board of Corrections. PC

section 5000 provides that commencing July 1, 2005, any reference to the Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC

section 5050 provides that commencing July 1, 2005, any reference to the Director of Corrections, in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, cus - tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

section 5058 authorizes the Director to pre - scribe and amend regulations for the administration of prisons. References cited pursuant to this regulatory action are as follows: Sections 5054, 6129, Penal Code; Sec- tions 11340, 11546.7, 6250, 6253, 6253.1, 6253.9, 8547– 8547.15, Government Code; Plata v. Newsom (No. C01–1351 JST), U.S. District Court, Northern District of California.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The CDCR and CCHCS propose to amend sections 3999.98 and 3999.99, and to adopt sections 3999.500, 3999.501, 3999.502, 3999.503, and 3999.504 of the CCR, Title 15, Division 3, governing Health Care Ad- ministration. Current law specific to health care ad - ministrative processes are not outlined or in Title 15. By amending and adopting the sections mentioned above, administrative processes will be outlined with- in Title 15 that are necessary to the function of De - partment health care programs and staff.

This action provides the following: ● Clarify specified statewide health care adminis - trative processes. ● Provide administrative governance and account - ability for health care programs and staff. BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The Department anticipates that the proposed reg - ulations will protect public health and safety, worker safety, and benefit CDCR staff and patients by clarify- ing specified statewide health care administrative pro- cesses and providing administrative governance and accountability for health care programs and staff.

FORMS INCORPORATED BY REFERENCE ● CDCR 7554 Notice of Change to Health Care Regulations (Revised MM/YY) EVALUATION OF CONSISTENCY/ COMPATIBILITY WITH EXISTING REGULATIONS Pursuant to GC

section 11346.5(a)(3)(D), the De - partment must evaluate whether the proposed regu - lations are inconsistent or incompatible with existing State regulations. Pursuant to this evaluation, the De - partment has determined these proposed regulations are not inconsistent or incompatible with any existing regulations within CCR, Title 15, Division 3. LOCAL MANDATES The proposed regulatory action imposes no man - dates on local agencies or school districts, or a man - date which requires reimbursement pursuant to GC

section 17500 –17630. FISCAL IMPACT STATEMENT ● Cost or savings to any State agency: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 799 ● Cost to any local agency or school district that is required to be reimbursed: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None.

EFFECT ON HOUSING COSTS The Department has made an initial determination that the proposed action will have no significant ef - fect on housing costs because the proposed regulato - ry action clarifies specified health care administrative processes and provides administrative governance and accountability for health care programs and staff which only affects staff within CDCR.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has determined that the proposed action will not have a significant statewide adverse economic impact directly affecting businesses, in - cluding the ability of California businesses to com - pete with businesses in other states because the pro - posed regulatory action clarifies specified health care administrative processes and provides administrative governance and accountability for health care pro - grams and staff which only affects staff within CDCR.

RESULTS OF ECONOMIC IMPACT ASSESSMENT The proposed regulations will protect public health and safety, worker safety, and benefit CDCR staff and patients by clarifying specified statewide health care administrative processes and providing administra - tive governance and accountability for health care pro- grams and staff within CDCR.

The Department has determined that the proposed regulations will have no impact on the creation of new or the elimination of existing jobs or businesses with - in California or affect the expansion of businesses cur- rently doing business in California because the pro - posed regulatory action clarifies specified health care administrative processes and provides administrative governance and accountability for health care pro - grams and staff which only affects staff within CDCR.

BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The Department anticipates that the proposed reg - ulations will protect public health and safety, worker safety, and benefit CDCR staff and patients by clar - ifying specified statewide health care administrative processes and providing administrative governance and accountability for health care programs and staff. This regulation change will not have an impact on the State’s environment, as the State’s environment is not impacted by the administrative processes and admin - istrative governance and accountability for health care programs and staff.

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. The proposed regulatory action clari- fies specified health care administrative processes and provides administrative governance and accountabil - ity for health care programs and staff which only af - fects staff within CDCR.

EFFECT ON SMALL BUSINESSES The Department has determined that the proposed regulations will have no significant adverse economic impact on small businesses because the proposed reg- ulatory action clarifies specified health care adminis - trative processes and provides administrative gover - nance and accountability for health care programs and staff which only affects staff within CDCR.

The Department has made an initial determina - tion that the action will not have a significant adverse economic impact on business. Additionally, there has been no testimony, reasonable alternative, or other ev- idence provided that would alter the CDCR’s initial determination to proceed with this action. A VAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared, and will make avail - able, the proposed text and the Initial Statement of Reasons (ISOR) of the proposed regulatory action.

The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 800 the public upon request directed to the contact per - son listed in this Notice. The proposed text, ISOR, and Notice of Proposed Action will also be made available on CCHCS’s website https://cchcs.ca.gov and CDCR institution law libraries. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the contact person listed in this Notice.

A VAILABILITY OF CHANGES TO PROPOSED 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 which are suf - ficiently related to the originally proposed text, it will make the modified text (with the changes clearly indi- cated) available to the public for at least 15 calendar days before the Department adopts the regulations as revised. Requests for copies of any modified regula - tion text should be directed to the contact person list - ed in this Notice.

The Department will accept written comments on the modified regulations for 15 calendar days after the date on which they are made available. TITLE 20. ENERGY COMMISSION

ARTICLE 5: SMALL POWER PLANT EXEMPTIONS SECTIONS 1934 THROUGH 1948, AND

ARTICLE 6: APPENDIX B INFORMATION REQUIREMENTS FOR AN APPLICATION AND

ARTICLE 6: APPENDIX F INFORMATIONAL REQUIREMENTS FOR A SMALL POWERPLANT EXEMPTION DOCKET NUMBER 21–OIR–04 INTRODUCTION Notice is hereby given that the California Energy Commission (CEC) proposes to adopt amendments to its procedures for small power plant exemptions (SPPE) contained in the California Code of Regula - tions (CCR), Title 20, (“the Proposed Action”) after considering all comments, objections, and recommen- dations regarding the Proposed Action. PUBLIC HEARING The CEC staff will hold a public hearing on the pro- posed regulations at the date and time listed below.

All interested persons may present statements, argu - ments, or contentions relevant to the proposed regula- tions at the public hearing. The record for this hearing will be kept open until every person has had an oppor- tunity to provide comment. Public Hearing Tuesday, August 30, 2022 10:00 a.m. (Pacific Time) The public hearing will be held remotely to improve and enhance public access to meetings by allowing broader access through teleconferencing options. In - structions for remote participation for the public hear- ing are below.

BUSINESS MEETING PLEASE TAKE NOTICE that the CEC will con - sider and possibly adopt the proposed regulations at a CEC Business Meeting at the date and time listed below. Interested persons, or their authorized repre - sentative, may present oral statements, arguments, or contentions relevant to the proposed regulations at the Business Meeting. If the date, time, place, or nature of the proposed adoption changes, the CEC will provide updated information in the rulemaking docket.

Business Meeting Wednesday, September 14, 2022 10:00 a.m. (Pacific Time) REMOTE ATTENDANCE The public hearing may be accessed by clicking the Zoom link below or visiting Zoom at https://join. zoom.us and entering the ID and password for the pub- lic hearing listed below. If you experience difficulties joining, you may contact Zoom at (888) 799–9666 ext. 2, or the Public Advisor’s Office at publicadvisor@ energy.ca.gov or (800) 822–6228.

Zoom Link: https://energy.zoom.us/j/98269163971?pwd= N1d0OEpwUXRtWDduRFIQYzdvOFN6UT09 Webinar ID: 982 6916 3971 Password: 0830 To participate by telephone dial (213) 338–8477 or 1–888–475–4499 (toll free). When prompted, enter the Webinar ID and password listed above. To com - ment or ask a question over the telephone, dial *9 to

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 801 “raise your hand” and *6 to mute/unmute your phone line. PUBLIC ADVISOR The CEC’s Office of the Public Advisor, Energy Eq- uity and Tribal Affairs provides the public assistance in participating in CEC proceedings. For information on participation or to request interpreting services or reasonable accommodations, reach out via email at publicadvisor@energy.ca.gov, or by phone at (916) 957–7910. Requests for interpreting services and rea - sonable accommodations should be made at least five days in advance.

The CEC will work diligently to ac - commodate all requests. Zoom: If you experience difficulties with the Zoom platform, please contact the Office of the Public Ad - visor, Energy Equity and Tribal Affairs via email or phone. MEDIA INQUIRIES Direct media inquiries to the Media and Public Com- munications Office at (916) 654–4989 or mediaoffice@ energy.ca.gov. PUBLIC COMMENT PERIOD The written public comment period for the proposed regulations will be held from July 15, 2022, through August 29, 2022.

Any interested person, or an autho - rized representative, may submit written comments to the CEC for consideration on or prior to August 29, 2022. The CEC appreciates receiving written com - ments at the earliest possible date. Comments submit- ted outside this comment period are considered un - timely. CEC may, but is not required to, respond to un- timely comments, including those raising significant environmental issues.

Written and oral comments, attachments, and asso - ciated contact information (including address, phone number, and email address) will become part of the public record of this proceeding with access available via any internet search engine. The CEC encourages use of its electronic com - menting system. Visit https://efiling.energy.ca.gov/ EComment/ECommentSelectProceeding.aspx , type in docket number, 21–OIR–04. Enter your contact in - formation and a comment title describing the subject of your comment(s).

Comments may be included in the “Comment Text” box or attached as a download - able, searchable document consistent with Title 20, California Code of Regulations,

Section 1208.1. The maximum files size allowed is 10 MB. Written comments may also be submitted by email. Include Docket Number 21–OIR–04 in the subject line and email to docket@energy.ca.gov. A paper copy may be sent to: California Energy Commission Docket Unit Docket No. 21–OIR–04 715 P Street, MS–4 Sacramento, CA 95814 Pursuant to California Code of Regulations Title 20

section 1104(e), any person may make oral comment on any agenda item at the September 14, 2022, Busi - ness Meeting. Please consult the public agenda, which will be posted ten days before the Business Meeting, for important details on how to participate. To ensure you receive notice of any changes to the proposed regulations in this proceeding, please follow the instructions provided at the end of this notice to join the proceeding list serve or provide a valid email or mailing address with your comments.

STATUTORY AUTHORITY AND REFERENCE Public Resources Code Sections 25210, 25213, 25216.3 25218(e), and 25541 authorize the CEC to adopt rules or regulations, as necessary, to implement, interpret, and make specific Public Resources Code Sections 25210, 25502, 25519(

b) and 25541. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The regulatory provisions subject to this rulemak - ing were first adopted in the late 1970s and have not been significantly amended since then. However, since the 1970s, many changes have occurred in Califor - nia’s electricity sector and related regulatory and mar- ket environments, changes that are not reflected in the processes and procedures the CEC currently uses.

For example, the electricity market has been deregulat - ed so that independent companies propose and oper - ate electrical generating facilities and sell them to the market, as opposed to those facilities being owned by the investor–owned utilities. In addition, the Califor - nia Environmental Quality Act (CEQA) has rigorous public procedures to ensure public participation in the environmental review process of a power plant. These changes since the 1970s make the adjudicative process unnecessary to perform adequate environmental re - view and encourage public participation in a decision on an SPPE.

Therefore, the CEC is proposing to amend the CEC’s procedures for exempting from its exclusive certifica- tion authority thermal power plants with a generating capacity of up to 100 megawatts (Cal. Code Regs., ti - tle 20, §§ 1934–1948, Appendix B and Appendix F). The proposed amendments would remove the adjudi - catory process that currently applies to SPPEs, while

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 802 maintaining the requirements for environmental review and public participation under CEQA. The proposed amendments also update the application requirements for applications for certification (AFCs) and for SPPEs to conform to changes under CEQA and to ensure that the CEC has sufficient information at the time of ap - plication to perform the required environmental re - view under CEQA for an SPPE.

Difference from existing comparable federal regulations or statute These proposed regulations do not duplicate or con- flict with any federal regulations or statute contained in the Code of Federal Regulations.

Broad objectives of the regulations and the specific benefits anticipated by the proposed amendments The broad objective of this rulemaking is to up - date the regulatory provisions to remove the adjudi - catory process that currently applies to SPPEs and to update the requirements for applications to conform to changes in CEQA and ensure the CEC has suffi - cient information to prepare an environmental review of an SPPE. The regulatory provisions subject to this rulemaking were first adopted in the late 1970s and have not been significantly amended since then.

How- ever, since the 1970s, many changes have occurred in California’s electricity sector and related regulatory and market environments, changes that are not reflect- ed in the processes and procedures the CEC current - ly uses. The specific benefits of this rulemaking are to streamline the CEC SPPE proceedings to minimize cost and delay while maintaining a comprehensive en- vironmental review and mitigation program with op - portunities for public participation and input under the California Environmental Quality Act (CEQA).

The proposed regulation will not adversely impact the health and welfare of California residents, worker safety, or the state’s environment. Determination of inconsistency or incompatibility with existing state regulations The CEC has conducted a search for any other reg - ulations in this area and has determined that the pro - posed regulations are neither inconsistent nor incom - patible with any existing state regulations. DOCUMENTS INCORPORATED BY REFERENCE The CEC does not propose to incorporate by refer - ence any documents. MANDATED BY FEDERAL LAW OR REGULATIONS None. OTHER STATUTORY REQUIREMENTS None.

FISCAL IMPACTS The CEC has made the following initial determinations: ● Mandate on local agencies and school districts: No. ● Cost to any local agency or school district re - quiring reimbursement pursuant to Government Code

Section 17500 et seq.: No. ● Cost or savings to any state agency: No. ● Non–discretionary cost or savings imposed upon local agencies: No. ● Cost or savings in federal funding to the state: No. SIGNIFICANT EFFECT ON HOUSING COSTS None.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES The CEC has made an initial determination that the proposed regulations will not have a statewide ad- verse economic impact directly affecting business, in- cluding the ability of California businesses to compete with businesses in other states.

The CEC proposes to streamline the SPPE process to minimize cost and delay while maintaining a com - prehensive environmental review and mitigation pro - gram with opportunities for public participation and input under CEQA. The proposed amendments to the SPPE regulations remove the adjudicatory process for the CEC’s deter - mination on an SPPE application. This streamlining of the SPPE process eliminates unnecessary steps by eliminating processes duplicative of CEQA as well as unnecessary adjudicative procedures, potentially re - ducing the time and cost associated with an SPPE.

The SPPE process must still comply with CEQA, which in- cludes robust requirements for environmental review, public notice, and public participation, with meaning - ful opportunities for public input. Therefore, no eco - nomic or fiscal impacts are expected. The amendments to the data requirements for the SPPE application set forth in Appendix B reflect in - formation that is typically already provided as part of the SPPE environmental review process under CEQA

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 803 guidelines 15060, 15063(e), 15084, and 15120. The proposed amendments consolidate the data require - ments in one place to allow for an applicant to stream- line the process by providing the information upfront in the application. While the end result is the same, the proposed amendments change the timing by front loading the information submittal to the application phase rather than a later data request phase. Therefore, no economic or fiscal impacts are expected from this change.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The CEC concludes that the proposal: (1) will not create jobs within California, (2) will not eliminate jobs within California, (3) will not create new busi - nesses in California, (4) will not eliminate existing businesses within California, and (5) will not result in the expansion of businesses currently doing business within the state.

Benefit of the Proposed Action: The proposed regu- lation will benefit the health and welfare of California residents and the state’s environment through stream- lining the CEC’s SPPE processes to minimize cost and delay while maintaining a comprehensive envi - ronmental review and mitigation program with mean - ingful opportunities for public participation and input under CEQA. The proposed regulation will not adversely impact the health and welfare of California residents, worker safety, or the state’s environment.

COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The CEC is not aware of any cost impacts that a rep- resentative private person or business would necessar- ily incur in reasonable compliance with the proposed action. BUSINESS REPORT The regulations do not impose a new reporting requirement. SMALL BUSINESS The proposed regulations will not affect small busi- ness.

The proposed regulations will not affect small business because most applicants before the CEC seeking a small power plant exemption are larger com- panies that either specialize in the construction and operation of power plants or large scale backup gen - eration systems. In addition, the proposed regulato - ry language is procedural in nature only relevant to the CEC’s evidentiary process which is proposed to be removed or updates informational requirements and thus, would not result in additional impacts to any business regardless of size. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

CONTACT PERSON General questions regarding procedural and admin - istrative issues should be addressed to: Corrine Fishman, Regulations Manager 715 P Street Sacramento, CA 95814 (916) 805–7452 Corrine.Fishman@energy.ca.gov If Corrine Fishman is unavailable, you may contact Jared Babula, Senior Attorney, at (916) 891–8033 or at Jared.Babula@energy.ca.gov COPIES OF THE INITIAL STATEMENT OF REASONS, THE EXPRESS TERMS, AND RULEMAKING FILE The CEC 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 is published in the Notice Register, the rulemaking file consists of this notice, the express terms, the Initial Statement of Reasons (ISOR), and any documents relied upon. Copies may be obtained by contacting Corrine Fishman above or accessed through the CEC website at Docket 21–OIR– 04, https://www.energy.ca.gov/proceedings/energy– commission–proceedings/rulemaking–amend– regulations–small–power–plant–exemptions .

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 804 A VAILABILITY OF CHANGES TO ORIGINAL PROPOSAL FOR AT LEAST 15 DAYS PRIOR TO AGENCY ADOPTION/ REPEAL/AMENDMENT OF RESULTING REGULATIONS Participants should be aware that any of the pro - posed regulations could be changed as a result of pub- lic comment, staff recommendation, or recommen - dations from Commissioners. Moreover, changes to the proposed regulations not indicated in the express terms could be considered if they improve the clarity or effectiveness of the regulations. If the CEC consid- ers changes to the proposed regulations pursuant to Government Code

Section 11346.8, a full copy of the text will be available for review at least 15 days prior to the date on which the CEC adopts or amends the re- sulting regulations. COPY OF THE FINAL STATEMENT OF REASONS At the conclusion of the rulemaking, persons may obtain a copy of the Final Statement of Reasons (FSOR), once it has been prepared, by visiting the CEC website at Docket No. 21–OIR–04, https://www. energy.ca.gov/proceedings/energy–commission– proceedings/rulemaking–amend–regulations–small– power–plant–exemptions.

A VAILABILITY OF DOCUMENTS ON THE INTERNET The CEC maintains a website in order to facilitate public access to documents prepared and considered as part of this rulemaking proceeding. Documents prepared for this rulemaking have been posted on the CEC’s website at Docket 21–OIR–04, https://www. energy.ca.gov/proceedings/energy–commission– proceedings/rulemaking–amend–regulations–small– power–plant–exemptions.

INSTRUCTIONS FOR RECEIVING NOTICES AND DOCUMENTS IN THIS PROCEEDING To stay informed about this project and receive documents and notices of upcoming workshops and hearings as they are filed, please subscribe to the Sit- ing Division General List or the Rulemaking List , which can be accessed here: https://www.energy. ca.gov/subscriptions. The list serve sends out email notification and di - rect links when documents and notices are filed in the proceeding docket.

If you are unable or do not wish to sign up for the listserv but still would like to receive documents and notices, please contact the contact per- son listed in this notice. TITLE 23. STATE WATER RESOURCES CONTROL BOARD DIVISION 3. STATE WATER RESOURCES CONTROL BOARD AND REGIONAL WATER QUALITY CONTROL BOARDS

CHAPTER 2. APPROPRIATION OF WATER

ARTICLE 19. CHANGES OF OWNERSHIP AND OF ADDRESS — NOTICES

CHAPTER 2.7 WATER DIVERSION AND REPORTS

ARTICLE 1.

DEFINITIONS

ARTICLE 2. DECLARATION OF POLICY NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF PROPOSED REGULATION MODIFYING WATER RIGHT OWNERSHIP NOTICE REQUIREMENTS AND REPORTING DATES (Gov. Code, § 11346.5, subdivision (a)(1)) NOTICE IS HEREBY GIVEN that the State Wa- ter Board will conduct an Administrative Procedure Act (APA) public hearing at the time and place de - scribed below. At the hearing, any person may present comments orally or in writing relevant to the proposed action described in this notice.

The public hearing will begin with a staff presenta - tion summarizing the proposed regulations, followed by an opportunity for public comment. During the comment period, the public will be allowed three min- utes to provide oral comments, unless additional time is approved. DATE: September 20, 2022 TIME: 9:30 a.m. LOCATION: 1001 I Street Sacramento, CA Coastal Hearing Room — 2 nd Floor Video and Teleconference Participation The hearing will be recorded and will be webcast at https://video.calepa.ca.gov/.

For those who only wish to watch the hearing, the customary webcast remains available at https://video. calepa.ca.gov/ an d s h o u l d b e u s e d UNL E S S y o u in- tend to comment. For those who wish to make oral comments, addi - tional information about participating telephonically

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 805 or via the remote meeting solution is available here: http://www.waterboards.ca.gov/board_info/ remote_meeting/ Special Accommodation Request Consistent with California Government Code (Gov. Code)

section 7296.2, special accommodation or lan - guage needs may be provided for any of the following:

(1) An interpreter to be available at the hearing;

(2) Documents made available in an alternate format or another language; or

(3) A disability–related reasonable accommodation. To request these special accommodations or lan - guage needs, please contact the Clerk to the Board at (916) 341–5600 as soon as possible, but no later than 10 business days before the scheduled State Water Board hearing. TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service. Consecuente con la sección 7296.2 del Código de Gobierno de California, una acomodación especial o necesidades lingüísticas pueden ser suministradas para cualquiera de los siguientes:

(1) Un intérprete que esté disponible en la audiencia

(2) Documentos disponibles en un formato alterno u otro idioma

(3) Una acomodación razonable relacionada con una incapacidad Para solicitar estas comodidades especiales o nece - sidades de otro idioma, por favor llame a la oficina del Consejo al (916) 341–5600 lo más pronto posible, pero no menosde 10 días de trabajo antes del día pro - gramado para la audiencia del Consejo. TTY/TDD/ Personas que necesiten este servicio pueden marcar el 711 para el Serviciode Retransmisión de Mensajes de California. WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS (Gov.

Code, § 11346.4, subdivision (a); § 11346.5, subdivision (a)(15)) Any interested person, or their representative, may submit written comments relevant to the proposed reg- ulatory action to the Clerk to the State Water Board. Any written comments pertaining to these regula - tions, regardless of the method of transmittal, must be received by the Clerk to the State Water Board by 5:00 p.m., on August 31, 2022, which is hereby designated as the close of the written comment period. Comments received after this date will not be considered timely.

Persons wishing to use the California Relay Service may do so at no cost by dialing 711. Written comments may be submitted as follows: 1. By email to: commentletters@waterboards. ca.gov. The State Water Board requests but does not require that email transmission of comments, particularly those with attachments, contain the regulation package identifier “Comment Letter — Proposed Regulation Modifying Water Right Ownership Notice Requirements and Reporting Dates” in the subject line to facilitate timely iden- tification and review of the comment; 2. By fax transmission to: (916) 341–5620.

The State Water Board requests but does not re - quire that faxed comments contain the subject line “Comment Letter — Proposed Regulation Modifying Water Right Ownership Notice Requirements and Reporting Dates”; 3. By mail to: Clerk to the Board, Ms. Jeanine Townsend, State Water Resources Control Board, P.O. Box 997377, MS 7400, Sacramento, CA 95899–7377; or 4. Hand–delivered to: Clerk to the Board, Ms. Jeanine Townsend, State Water Resources Control Board, 1001 I Street, 24th Floor, Sacramento, CA 95814.

The State Water Board requests but does not require that written comments sent by mail or hand–delivered be submitted in triplicate. The State Water Board requests but does not re - quire that, if reports or articles in excess of 25 pages are submitted in conjunction with the comments, the commenter provide a

summary of the report or arti - cle and describe the reason for which the report or ar - ticle is being submitted or is relevant to the proposed regulation. All comments, including email or fax transmis - sions, should include the author’s name and U.S. Post- al Service mailing address in order for the State Water Board to provide copies of any notices for proposed changes to the regulation text on which additional comments may be solicited. Please note that under the California Public Records Act (Gov.

Code, §6250 et seq.), your written and oral comments, attachments, and associated contact infor - mation (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE (Gov. Code, § 11345.5, subdivision (a)(2); Cal. Code Regs., title 1, § 14) The State Water Board proposes to amend existing regulations under the authority granted by Water Code

section 1058. It is implementing, interpreting, or mak- ing more specific Water Code sections 1250, 1252, 1840, 1841, 5001, 5100, 5101, 5102, 5103, and 5104.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 806 INFORMATIVE DIGEST (Gov. Code, § 11346.5, subdivision (a)(3)) Existing Laws and Regulations (Gov. Code § 11346.5, subdivision (a)(3)(A)) All diverters are subject to reporting regulations adopted by the State Water Board pursuant to Water Code sections 1840, 1841, 5001, 5100, 5101, 5102, and 5103. Currently, California Code of Regulations, title 23

section 831 requires water right holders and claim- ants to notify the Board “immediately” in the event of a change in name, address, or ownership, but this ex - isting regulation does not specify the form of such no- tification. In addition, neither California Code of Reg- ulations, title 23, sections 831 nor 915 specify conse - quences for noncompliance. Currently, California Code of Regulations, title 23, sections 924, 925, and 929 require reports to be filed by April 1 for registration and certificate holders, permit- tees, and licensees. California Code of Regulations, title 23,

section 920 currently requires supplemental statements of water diversion and use to be filed by July 1 and

section 930 requires notices of extraction and diversion to be submitted “within six months after the close of the succeeding calendar year.” Senate Bill 155 (2021) amended Water Code sections 5001, 5101, and 5104 to change the reporting deadlines for notices of extraction and diversion, statements of water diver- sion and use, and supplemental statements of water di- version and use to before February 1. Currently, California Code of Regulations, title 23,

section 907 defines “twelve month reporting period” as a calendar year beginning January 1 and ending De- cember 31. The twelve month reporting period is used for supplemental statements of water diversion and use, water use reports of registration and certificate holders, progress reports by permittee, and reports of licensee.

Senate Bill 155 (2021) amended Water Code sections 5001, 5101, and 5104 to change the reporting period from calendar year (January 1 through Decem- ber 31) to water year (October 1 through September 30 of the following year) for notices of extraction and diversion, statements of water diversion and use, and supplemental statements of water diversion and use. Effect of Proposed Rulemaking (Gov.

Code § 11346.5, subdivision (a)(3)(A)) The key provisions of the proposed regulations: ● Clarify that required notification of a change of ownership is a shared obligation of both transfer- or (old owner) and transferee (new owner) of per- mits, licenses, and registrations. ● Clarify, similarly, that required notification of a change of ownership is a shared obligation of both transferor (old owner/claimant) and transferee (new owner/claimant) of pre–1914 or riparian rights or claims. ● Clarify that a water right holder or claimant is similarly required to notify the Board of changes in agency or contact information. ● Clarify the Board’s authority to impose admin - istrative civil liability for failure to file required notifications: o Administrative civil liability may be im - posed on the water right holder/claimant af - ter a 30–day grace period following a change in agency or contact information. o In the case of a change of ownership, admin- istrative civil liability may be imposed on the transferee (new owner/claimant), after a 30–day grace period following the transfer of ownership.

The rationale for imposing ad- ministrative civil liability exclusively on the transferee is that only the new owner gains a benefit from the exercise of the underlying right/claim after the transfer takes place. o Administrative civil liability accrues from the end of the 30–day grace period until the required notification is submitted. ● Update the reporting deadlines and reporting pe - riods for notices of extraction and diversion and supplemental statements of water diversion and use to reflect the statutory deadlines and report - ing periods from SB 155. ● Align the reporting deadlines and reporting pe - riods for registration and certificate holders, per - mittees, and licensees with the deadlines and re - porting periods for statements of water diversion and use (Water Code

section 5101), supplemen - tal statements of water diversion and use (Water Code

section 5104), and notices of extraction and diversion (Water Code

section 5001). Comparable Federal Statute and Regulations (Gov. Code § 11346.5, subdivision (a)(3)(B)) There are no comparable federal Statutes or Regulations. Policy Statement Overview (Gov. Code, § 11346.5, subdivision (a)(3)(C)) In order to improve the accuracy of water right own- ership and contact information, the Board proposes to adopt regulations that clarify the obligations of both the transferor (old owner) and transferee (new owner) to notify the Board when a water right is transferred, or to a change in name, address, or ownership.

The proposed regulations also clarify that failure to notify the Board of such changes in a timely fashion is a vi - olation that may subject the violator to administrative civil liability. The revised regulations also align the reporting deadlines and reporting periods for notices

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 807 of extraction and diversion, supplemental statements of water diversion and use, reports of registration and certificate holders, reports of licensees, and progress reports by permittees. These changes are essential to orderly and efficient administration of the State’s wa - ter rights system which depends on the Board’s ability to reliably communicate with water right holders and claimants.

Objectives Broad objectives of this proposed regulatory action are to: ● Provide the public with increased understanding of the obligations to notify the Board of chang - es in name, address, or ownership of water rights and claims, ● Protect the State’s water resources by ensuring the Board can reliably communicate with water right holders and claimants in the orderly and ef - ficient administration of the State’s water rights system, ● Provide transferors and transferees a 30–day grace period following the transfer of a water right or claim to notify the Board of such change; similarly, to provide a 30–day grace period to no- tify the Board following changes in name, ad - dress, or ownership information, and ● Ensure compliance with water rights regulations with fair, transparent, and efficient enforcement of Board regulations.

Benefits The proposed regulatory action is expected to im - prove the orderly and efficient administration of the State’s water rights system by: ● Clarifying the parties who bear responsibility for notifying the Board of changes in name, ad - dress, or ownership related to all water rights and claims, ● Providing a 30–day grace period following a transfer or other change to allow a reasonable time for responsible parties to file the required notification, and ● Clarifying the Board’s authority to impose ad - ministrative civil liability for failure to file the re- quired notifications, and ● Aligning reporting deadlines and reporting periods.

Evaluation as to Whether the Proposed Regulations are Inconsistent or Incompatible with Existing State Regulations (Gov. Code, § 11346.5, subdivision (a)(3) (D)) The Board reviewed its existing general regulations and regulations specific to water right reporting to evaluate whether the proposed regulations are incon - sistent or incompatible with existing State regulations. It was determined that no other State regulation ad - dressed the same subject matter and that this proposal, if adopted, would not be inconsistent or incompatible with other existing State regulations. OTHER STATUTORY REQUIREMENTS (Gov.

Code, § 11346.5, subdivision (a)(4)) California Environmental Quality Act The California Environmental Quality Act (CEQA) requires that State agencies consider the potentially significant environmental impacts of their discretion - ary actions, which include the development of regu - lations. Consistent with California Code of Regula - tions, title 14,

section 15061, subdivision (b)(3), the Board will prepare a Notice of Exemption, conclud - ing, with certainty, that there is no possibility that the proposed regulations would have a significant effect on the environment. Safe, Clean, Affordable Water (Water Code, § 106.3) California Water Code

section 106.3 states that it is the policy of the State that every human being has the right to safe, clean, affordable, and accessible wa - ter adequate for human consumption, cooking and sanitary purposes. In preparing the proposed regula - tions, the Board determined that the proposed regu - lations are consistent with this statewide policy.

The proposed regulations will ensure the Board has the name, address, and ownership information necessary to effectively communicate with water right holders and claimants, many of whom divert water for drink - ing water and for human health and safety, and to effi- ciently administer the State’s water rights system. Pre–Notice Meeting with Affected Parties (Gov. Code § 11346.45, subdivision (a)) Government Code

section 11346.45, subdivision (

a) requires that prior to publication of the notice of pro - posed action, the agency proposing the regulation or regulations must involve parties who would be sub - ject to the proposed regulations in public discussions, when the proposed regulations involve complex pro - posals or a large number of proposals that cannot be easily reviewed during the comment period. The regu- lations proposed here are neither complex nor involve large numbers of proposals that could not be easily reviewed during the comment period.

Therefore, the Board has informally engaged a small group of law - yers, engineers and other consultants who represent a number water rights holders and claimants to describe the proposed regulations and to solicit oral and writ - ten comments. These oral and written comments have been taken into consideration in developing these pro- posed regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 808 LOCAL MANDATE (Gov. Code, § 11346.5, subdivision (a)(5)) The proposed regulations would not impose a man - date on local agencies or school districts that requires State reimbursement. The proposed regulations clarify existing notification requirements, clarify the Board’s existing authority to impose administrative civil lia - bility for the failure to file the required notifications, and modify water use reporting periods and deadlines.

The proposed regulations will not increase costs as - sociated with ownership of a water right or claim and will not be a requirement unique to local government and will apply equally to all water rights holders. FISCAL IMPACT ESTIMATE— Direct and Indirect Costs (Gov. Code, § 11346.5, subdivision (a)(6)) (as detailed in the Cost Estimating Methodology in the Initial Statement of Reasons) Estimated Fiscal Impact on Local Agency or School District None.

Estimated Fiscal Impact on State Government Expected to reduce Board costs through reduced staff time devoted to identifying changes of name, ad- dress, or ownership of which the Board should have been but has not been notified because of a lack of clarity with respect to responsibility, timeliness, and/ or consequences of the failure to file these required notifications. Expected to reduce Board costs through reduced staff time with aligned reporting periods and deadlines. Estimated Fiscal Impact on Federal Funding of State Programs None. Other Non–discretionary Cost or Savings Imposed on Local Agencies None.

Cost to Any Local Agency or School District which Must be Reimbursed in Accordance with Government Code Sections 17500 through 17630 None. HOUSING COSTS (Gov. Code, § 11346.5, subdivision (a)(12)) The Board has determined that the regulations will have no impact on housing costs. NO SIGNIFICANT, STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES IN CALIFORNIA (Gov.

Code, § 11346.5, subdivision (a)(8); § 11346.5, subdivision (a)(10)) The proposed regulations will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The proposed regulations clarify existing notifica - tion requirements and clarify the Board’s existing au - thority to impose administrative civil liability for fail- ure to file the notifications. The proposed regulations will not increase costs associated with ownership of a water right or claim.

The proposed regulations will also not increase compliance costs associated with pro- viding the necessary notification of a change in name, address, or ownership. The updated reporting periods and deadlines for notices of extraction and diversion and supplemental statements of diversion and use are already required in statute.

The updated reporting pe - riods and deadlines for licensees, permittees, and reg - istration and certificate holders will not increase costs because the time between the proposed end of the re - porting period (September 30) and the deadline (Feb - ruary 1) will be longer than the current end of the re - porting period (December 31) and the current dead - line (April 1). Though many reporters and water right holders are businesses, the proposed regulations will not increase costs to businesses. RESULTS OF ECONOMIC IMPACT ASSESSMENT (Gov.

Code, § 11346.5, subdivision (a)(10); § 11346.3, subdivision (b)(1)) The Board has determined that the economic impact of the proposed regulations, which clarify existing re - quirements and align reporting periods and deadlines, would not exceed $50 million in a 12–month period, and that the regulations, therefore, would not be con - sidered a Major Regulation as defined by California Code of Regulations, title 1,

section 2000, subdivision (g). Based on the Board’s Economic Impact Assessment (described in the Initial Statement of Reasons, with additional findings provided in Form STD 399), the proposed regulation is not expected to: (

A) create or eliminate jobs within California, (

B) create new businesses or eliminate existing busi - nesses within California, or (

C) expand businesses currently doing business with- in California.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 809 Pursuant to Government Code

section 11346.3, sub- division (b)(1)(D), the proposed regulations will result in benefits to the welfare of California residents and the state’s environment by resulting in a more effec - tive administration of water rights in the State of Cal - ifornia.

As noted previously, the proposed regulatory action is expected to improve the orderly and efficient administration of the State’s water rights system by: ● Clarifying the parties who bear responsibility for notifying the Board of changes in name, ad - dress, or ownership related to all water rights and claims, ● Providing a 30–day grace period following a transfer or other change to allow a reasonable time for responsible parties to file the required notification, and ● Clarifying the Board’s authority to impose ad - ministrative civil liability for failure to file the re- quired notifications, and ● Aligning reporting deadlines and reporting periods.

The proposed regulation is not expected to affect worker safety. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS (Gov. Code, § 11346.5, subdivision (a)(9)) The Board 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. Similarly, the Board believes there will be no direct cost impacts that a representative private person or business would incur in reasonable compli - ance with the proposed regulations.

Regulatory chang- es for notifications of transfers and changes in owner- ship will only affect water right holders and claimants and only to the extent of clarifying existing obliga - tions and potential consequences of failing to meet the existing notification obligations associated with the right or claim. Aligning the reporting deadlines will not have any cost impacts because they either reflect recently imposed statutory deadlines or increase the time period between the end of the reporting period and the reporting deadline. BUSINESS REPORT (Gov.

Code, § 11346.5, subdivision (a)(11); § 11346.3, subdivision (d)) Government Code

section 11346.3, subdivision (

d) requires that any administrative regulation adopted on or after January 1, 1993 that requires a report shall not apply to businesses, unless the state agency adopting the regulation makes a finding that it is necessary for health, safety, or welfare of the people of the State that the regulation apply to businesses. The Board has determined that the proposed reg - ulations only align reporting periods and deadlines and clarify existing obligations to notify the Board of changes of name, address, or ownership. To the extent that the proposed regulation applies to water rights holders that may be considered businesses pursuant to Government Code

section 11346.3, subdivision (b)(4)(B), the required notifications and updated re - porting deadlines are essential to the Board’s core function of orderly and efficient administration of the State’s water rights system, which directly impacts the health, safety and the welfare of the people of the State and the environment. SMALL BUSINESS (Cal. Code Regs, title 1, § 4, subdivision (

a) and (b)) The proposed regulations on transfers and change of ownership apply to all water right holders and claim - ants equally, and clarify existing notification require - ments and existing authority of the Board to impose administrative civil liability for failure to file the re - quired notifications. The proposed regulations also align water use reporting periods and deadlines. Al - though the proposed regulation may affect small busi- ness, the proposed regulations will not increase costs associated with ownership of a water right or claim. CONSIDERATION OF ALTERNATIVES (Gov.

Code, § 11346.5, subdivision (a)(13)) The Board must determine that no reasonable alter - native it considered or that has otherwise been identi - fied and brought to its attention would be (1) more effective in carrying out the purpose for which the action is proposed, (2) as effective and less burdensome to affected pri - vate persons than the proposed action, or (3) more cost–effective to affected private persons and equally effective in implementing the statu - tory policy or other provision of law.

The Board has years of experience applying the ex - isting notification regulations, has conferred with wa - ter right holders and claimants to understand the con - fusion caused by the existing regulations, and has con- ferred informally with water right representatives to develop the proposed regulations. The Board believes that the proposed regulations are the least burden - some and the most cost–effective way to accomplish the objective of improving the reliability of critical in- formation necessary to administer the State’s water rights system.

However, the Board invites interested persons to comment on the proposed regulations or

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 810 present possible alternatives at the scheduled hearing or during the written comment period. STATE WATER BOARD CONTACT PERSON (Gov.

Code, § 11346.5, subdivision (a)(14)) Requests for copies of the proposed regulatory text, the Initial Statement of Reasons, subsequent modifi - cations of the proposed regulatory text, if any, or oth - er inquiries concerning the proposed regulations may contact: Primary Contact Jeanine Townsend Clerk to the Board State Water Resources Control Board 1001 I Street, 24th Floor Sacramento, CA 95814 Telephone: (916) 341–5600 Electronic mail: Jeanine.Townsend@waterboards.ca.gov Secondary Contact David P.

Coupe Attorney IV c/o San Francisco Bay Regional Water Quality Control Board 1515 Clay Street, Suite 1400 Oakland, CA Electronic mail: David.Coupe@waterboards.ca.gov Please identify the action by using the State Wa - ter Board regulation package identifier, “Com - ment Letter — Proposed Regulation Modify - ing Water Right Ownership Notice Requirements and Reporting Dates” in any inquiries or written comments. A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE (Gov.

Code, § 11346.5, subdivision (a)(16)) The Board has prepared and has available for pub - lic review an Initial Statement of Reasons for the pro- posed regulations, all the information upon which the proposed regulations are based, the text of the pro - posed regulations, and all other required forms, state - ments, and reports.

The Records Room, Division of Water Rights, State Water Resources Control Board, 1001 I Street, 2nd Floor, Sacramento, CA 95814 will be the location for inspection and copying of public records, including reports, documentation, and other material related to the proposed regulations (rulemak- ing file) throughout the rulemaking process. A VAILABILITY OF CHANGED OR MODIFIED TEXT (Gov.

Code, § 11346.5, subdivision (a)(18)) The full text of any regulation which is changed or modified from the express terms of the proposed reg - ulation will be made available by the Board’s Division of Water Rights at least 15 days prior to the date on which the Board adopts, amends, or repeals the result- ing regulation. The Board will accept written com - ments on the modified regulations for 15 days after the date on which they are made available. Please send re- quests for copies of any modified regulations to the at- tention of the Division of Water Rights, at the address indicated above.

A VAILABILITY OF FINAL STATEMENT OF REASONS (Gov. Code, § 11346.5, subdivision (a)(19)) The Board will prepare a final statement of reasons for promulgating the proposed regulations pursuant to Government Code

section 11346.9 upon final adoption of the regulations. Please send requests for a copy of the final statement of reasons to the attention of the Di- vision of Water Rights, at the address indicated above. A VAILABILITY OF DOCUMENTS ON THE INTERNET (Gov. Code, § 11346.4, subdivision (a)(6); § 11346.5, subdivision (a)(20)) Materials regarding the action described in this notice (including this public notice, the regulation text, and the Initial Statement of Reasons) are avail - able via the Internet and may be accessed in the links within the announcements

section from the Divi- sion of Water Rights Proposed Regulation Modify - ing Water Right Ownership Notice Requirements and Reporting Dates Internet webpage ( https://www. waterboards.ca.gov/waterrights/water_issues/ programs/enforcement/ownership/).

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 811 ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY OFFICE OF ADMINISTRATIVE LAW ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS (Pursuant to title 1,

section 270, of the California Code of Regulations) The Office of Administrative Law has accepted for consideration a petition challenging various provi - sions contained in the Department of Resources Recy- cling and Recovery’s “Precertification Training Man - ual (copyright 2017).” Please send your comments to: Eric Partington, Senior Attorney Office of Administrative Law 300 Capitol Mall, Suite 1250 Sacramento, CA 95814 A copy of your comment must also be sent to the pe- titioner and the agency contact person.

Petitioner: Leonard Lang 1713 Mimosa Lane Euless, TX 76039 Agency contact: Ying Sun, Associate Director Department of Corrections and Rehabilitation Regulation and Policy Management Branch Post Office Box 942883 Sacramento, California 94283–0001 Please note the following timelines: Publication of Petition in Notice Register: 7/15/2022 Deadline for Public Comments: 8/15/2022 Deadline for Agency Response: 8/29/2022 Deadline for Petitioner Rebuttal: No later than 15 days after receipt of the agency’s response Deadline for OAL Decision: 11/14/2022

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 # 2022–0620–04 Annual Redeterminations AB79 2020 This action by the Department of Social Services readopts the changes previously filed in OAL File No. 2021–1223–01EFP, which amended the Manual of Policies and Procedures to update the annual Cal - Works eligibility redetermination procedure. This ac - tion was submitted to OAL as a deemed emergency exempt from OAL review pursuant to

section 96 of Assembly Bill 79 (Chapter 11, Stats. 2020). Title MPP Amend: 40–103, 40–181, 44–113 Filed 06/29/2022 Effective 07/06/2022 Agency Contact: Kenneth Jennings (916) 651–8862 California Gambling Control Commission File # 2022–0624–02 Commission Fees Modernization Project In this emergency action, the Commission re– adopts amendments to its regulations to update vari - ous fees for permit and license applications.

Title 04 Adopt: 12108, 12112, 12114, 12261, 12264, 12272, 12274, 12276, 12278, 12309, 12470, 12472 Filed 07/05/2022 Effective 07/05/2022 Agency Contact: Alexander Hunter (916) 263–1301 Department of Housing and Community Development File # 2022–0624–03 Prohousing Designation Program In this emergency action, the Department re– adopts regulations to establish the Prohousing

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 812 Designation Program. The regulations set forth an ap- plication process, evaluation criteria, designation cri - teria requirements, and a process to revoke prohousing designations.

Title 25 Adopt: 6600, 6601, 6602, 6603, 6604, 6605, 6606, 6607 Filed 07/05/2022 Effective 07/19/2022 Agency Contact: Chelsea Lee (916) 284–4847 Fish and Game Commission File # 2022–0623–01 Recreational Sub–bag Limits for Vermilion, Copper & Quillback Rockfish This emergency action readopts without change emergency adjustments to the sub–bag limits for quill- back, copper, and vermilion rockfish in the recreation- al groundfish fishery (zero to three miles offshore) for 2022 so as to be consistent with Pacific Fishery Man - agement Council regulations published in the Federal Register on January 6, 2022, for these species in wa - ters between three and 200 miles offshore.

Title 14 Amend: 28.55 Filed 06/29/2022 Effective 07/06/2022 Agency Contact: Sherrie Fonbuena (916) 902–9284 Department of Housing and Community Development File # 2022–0616–04 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 only.

Title 25 Amend: 6500 Filed 07/06/2022 Effective 08/05/2022 Agency Contact: Eric Nguyen (916) 820–1204 Commission on Peace Officer Standards and Training File # 2022–0517–01 Update POST–Certified Requalification Course Hour Requirement, Training and Testing Standards Revision Date This change without regulatory effect filing by the Commission on Peace Officer Standards and Train - ing updates the required instructional hours for the requalification course to align with the required in - structional hours specified in the Training and Testing Specifications for Peace Officer Basic Courses docu - ment incorporated by reference.

This action also up - dates the incorporation by reference revision date for the Training and Testing Specifications for Peace Offi- cer Basic Courses document. Title 11 Amend: 1005, 1059 Filed 06/29/2022 Agency Contact: Jennifer Hardesty (916) 227–3917 Department of Motor Vehicles File # 2022–0523–01 Annual Fee Adjustment

(2023) This change without regulatory effect by the De - partment of Motor Vehicles adjusts various Vehicle Code and Revenue and Taxation Code authorized fees relating to motor vehicles in amounts equal to the in - crease in the California Consumer Price Index for the prior year pursuant to Vehicle Code

section 1678(

b) and Revenue and Taxation Code

section 11502(b).

Title 13 Amend: 423.00 Filed 07/06/2022 Effective 01/01/2023 Agency Contact: Randi Calkins (916) 282–7294 Department of Food and Agriculture File # 2022–0519–01 Cage–Free Marking Requirements This action by the Department of Food and Agri - culture amends regulations to add requirements for eggs sold in consumer size containers labeled as “cage free.” Title 03 Amend: 1354 Filed 07/01/2022 Effective 10/01/2022 Agency Contact: Michael Abbot (916) 900–5004 Department of Justice File # 2022–0518–02 Firearm Precursor Part Authorization Program In this regular rulemaking action the Department of Justice adopts new requirements for the sale or trans - fer of firearm precursor parts.

Title 11 Adopt: 4320, 4321, 4322, 4323, 4324, 4325, 4326, 4327 Amend: 4045.1, 4210, 4301 Filed 06/30/2022 Effective 07/01/2022 Agency Contact: Kevin Sabo (916) 210–7639

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 813 Division of Labor Standards Enforcement File # 2022–0121–04 Assessment of Civil Penalties for Retaliation This action adopts standards for the reduction of $10,000 civil penalties assessed against employers by the Division of Labor Standards Enforcement for vio- lations of retaliation laws that are within the Division’s jurisdiction. The action also defines a term, establish - es the burden of proof, and specifies joint and several liability for penalties.

Title 08 Adopt: 13900, 13901, 13902, 13903 Filed 06/29/2022 Effective 10/01/2022 Agency Contact: Dorothy Chang (213) 576–7722 Fish and Game Commission File # 2022–0519–02 Waterfowl This action sets the parameters of the 2022–2023 waterfowl hunting seasons. Title 14 Filed 07/01/2022 Effective 07/01/2022 Agency Contact: Maurene Trotter (916) 653–4899 Superintendent of Public Instruction File # 2022–0209–02 California State Preschool Program This rulemaking action relocates, with necessary amendments, existing regulations governing the Cali - fornia State Preschool Program from

chapter 19, sub -

chapter 4 to

chapter 18.5 of division 1 of title 5 of the California Code of Regulations.

Title 05 Adopt: 17719, 17720, 17721, 17722, 17723, 17724, 17725, 17726, 17727, 17728, 17729, 17730, 17731, 17732, 17733, 17734, 17735, 17736, 17737, 17738, 17739, 17740, 17741, 17742, 17743, 17744, 17745, 17746, 17747, 17748, 17749, 17750, 17751, 17752, 17753, 17754, 17755, 17756, 17757, 17758, 17759, 17760, 17761, 17762, 17763, 17764, 17765, 17766, 17767, 17768, 17769, 17770, 17771, 17772, 17773, 17774, 17775, 17776, 17777, 17778, 17779, 17780, 17781, 17782, 17783, 17784, 17785, 17786, 17787, 17788, 17789, 17790, 17791, 17792, 17793, 17794, 17795, 17796, 17797, 17798, 17799, 17800, 17801, 17802, 17803, 17804, 17805, 17806, 17807, 17808, 17809, 17810, 17811, 17812, 17813, 17814, 17815, 17816, 17817, 17818, 17819, 17819.5, 17820, 17821, 17822, 17823, 17824, 17825, 17826, 17827, 17828, 17829, 17830, 17831, 17832, 17833 Repeal: 18130, 18131, 18131.1, 18132, 18133, 18134, 18135, 18136, 18140, 18145, 18150, 18155, 18160, 18165 Filed 07/01/2022 Effective 07/01/2022 Agency Contact: Lorie Adame (916) 319–0860 Board of Psychology File # 2022–0127–01 Continuing Professional Development In this regular rulemaking, the Board of Psycholo - gy is amending continuing education guidelines and requirements that must be completed by a licensee as a condition of renewal or reactivation of their license.

Title 16 Adopt: 1397.60.1, 1397.61.1, 1397.62.1, 1397.67.1 Amend: 1381.9, 1397.60, 1397.61, 1397.62, 1397.67 Filed 06/29/2022 Effective 10/01/2022 Agency Contact: Jason Glasspiegel (916) 574–7137 Department of Alcoholic Beverage Control File # 2022–0620–02 Drawing for Priority of Obtaining Limited General Licenses This action by the Department of Alcoholic Bever - age Control adopts regulations to establish procedures for drawings for priority of obtaining limited general alcoholic beverage licenses.

Title 04 Adopt: 69, 69.1, 69.2, 69.3, 69.4 Filed 06/29/2022 Effective 06/29/2022 Agency Contact: Robert de Ruyter (916) 419–8958 Office of Spill Prevention and Response File # 2022–0525–04 General Provisions In this regular rulemaking action, the Office of Spill Prevention and Response adopts, amends, and repeals sections in Subdivision 4 to consolidate and make consistent provisions related to severability, confiden- tiality, and reconsideration.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 28-Z 814 Title 14 Adopt: 790.1, 790.3, 790.5 Amend: 791.7, 796, 797, 816.01, 816.03, 817.02, 817.04, 819.02, 819.07, 820.01, 820.02, 826.01, 826.03, 830.7, 830.11, 852.61.11, 885.2, 885.3 Filed 07/05/2022 Effective 10/01/2022 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 Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quar - ter.

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

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2022, No. 28
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	bdfccc177886624bc58c36f8f79112d12f2352c4

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