Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 10-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MARCH 11, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2022–0301–05 ........................................ 241 AMENDMENT MULTI–COUNTY: San Joaquin Valley Drainage Authority TITLE 5. BUREAU FOR PRIV ATE POSTSECONDARY EDUCATION Annual Reports Submissions and Labor Market — Notice File Number Z2022–0301–04 ....................... 242 TITLE 5.

COMMISSION ON TEACHER CREDENTIALING Examination Fees — Notice File Number Z2022–0228–02 ............................................... 246 TITLE 11. DEPARTMENT OF JUSTICE Selection Process for Private Architectural and Engineering Firms — Notice File Number Z2022–0228–01 ................................................................ 250 TITLE 11. DEPARTMENT OF JUSTICE Fair and Accurate Governance of the CalGang Database — Notice File Number Z2022–0228–03 ............... 253 TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION Program and Credit–Earning Revisions — Notice File Number Z2022–0301–01 ............................. 255 TITLE 27.

ENVIRONMENTAL PROTECTION AGENCY Environmental Enforcement and Training Grant Program Regulations — Notice File Number Z2022–0301–03 ................................................................ 259 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Belcampo–North Annex Safe Harbor Agreement, Tracking Number 2089–2022–002–01, Siskiyou County ................................................. 262 (Continued on next page)

The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months.

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

DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Interstate 580/205 Roadside Safety Improvement Project, Tracking Number 2080–2022–004–003, Alameda County ................................................ 263 PETITION DECISION DEPARTMENT OF CORRECTIONS AND REHABILITATION Decline of Petition from Frederick Everts —

Section 3260.1 .............................................. 263

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 264

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 241 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vest - ed in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: San Joaquin Valley Drainage A u t h o r i t y A written comment period has been established commencing on March 11, 2022 and closing on April 25, 2022.

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

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

s) will be submit - ted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest code(s), proposed pursuant to Government Code 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 Director of the Commission, relative to review of the proposed conflict–of–interest code(s). Any written comments must be received no later than April 25, 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, revise the proposed code and approve it as revised, or return the proposed code for revision and re–submission.

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

s) should be made to 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 respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 242 Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 5. BUREAU FOR PRIVATE POSTSECONDARY EDUCATION DIVISION 7.5. PRIVATE POSTSECONDARY EDUCATION

CHAPTER 4. INSTITUTIONS— GENERAL PROVISIONS

SECTION 74110 ANNUAL REPORTS NOTICE IS HEREBY GIVEN that the Bureau for Private Postsecondary Education (hereinafter “Bu - reau”), Department of Consumer Affairs, is proposing to take the action described in the Informative Digest. Any person interested may present statements or ar - guments relevant to the action proposed in writing. Written comments, including those sent by mail, fac - simile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the Bureau at its office no later than 5:00 p.m. on Tuesday, April 26, 2022.

PUBLIC HEARING AVAILABILITY The Bureau has not scheduled a public hearing on this proposed action. However, the Bureau will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this Notice.

A VAILABILITY OF CHANGED OR MODIFIED TEXT The Bureau may, after considering all timely and relevant comments, adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the orig- inal text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. AUTHORITY AND REFERENCE Pursuant to the authority vested by Sections 94877, 94929.5, 94929.7, 94934, and 94941 of the Educa - tion Code (Ed.

Code), and to implement, interpret or make specific Sections 94892.6, 94929.5, 94929.7, 94932, 94934, and 94941 of the Education Code, Sec- tions 1633.2, 1633.7, and 1633.9 of the Civil Code and,

Section 16.5 of the Government Code, the Bureau is considering amending

section 74110 in

Chapter 4 of Division 7.5 of Title 5 of the California Code of Regu- lations (CCR) as described in this Notice. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Bureau for Private Postsecondary Education (Bureau) protects students and consumers through the regulatory oversight of California’s private postsec - ondary educational institutions (“institutions”) pursu - ant to the California Private Postsecondary Education Act of 2009 (“Act” — Ed. Code, §§ 94800–94950), including conducting qualitative reviews of educa - tional programs and operating standards. As part of that regulatory review and oversight, California Edu - cation Code (CEC)

section 94934 requires all Bureau– approved institutions to submit an Annual Report each year, which must include specific information related to the educational programs offered by the institution, including program costs, graduation rates, and post– graduation job placement rates. Existing law at

Section 94934, subdivisions (a)(9) and (

b) of the Act authorizes the Bureau to require “additional information deemed by the bureau to be reasonably required to ascertain compliance with this chapter,” and, “to prescribe the annual report’s format and method of delivery.” Existing regulation at

Section 74110 of Title 5 of the California Code of Regulations (5 CCR) sets forth the Bureau’s current requirements for filing and sub - mission of the annual report required by CEC

Section 94934. The regulation directs institutions submitting an Annual Report to electronically submit an online form provided on the Bureau’s website and attach a School Performance Fact Sheet, enrollment agree - ment, and a school catalog, with their electronic sub - mission of the Annual Report, per

section 74110(d). CEC 94892.6 as added by Assembly Bill (AB) 1340 (Chiu,

Chapter 519, Statutes of 2019) requires all in - stitutions approved to operate by the Bureau to collect and annually report labor market outcome data for stu- dents who have graduated on or after January 1, 2020, in order for the Bureau to submit the data to the Em - ployment Development Department (EDD) which will use the data to match the students with subsequent wage data for posting on the Bureau’s website.

Section 94892.6(b)(2)(

B) also requires the Bureau to report this data to the Cradle–to–Career Data System (CTC Data System), a statewide computer data infrastruc - ture operated by the Government Operations Agency

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 243 that collects student and labor market outcome data to help inform policymaking decisions and improve outcomes for all students throughout the state. Since Assembly Bill (AB) 1340 was enacted into law in 2019 the Bureau has been working towards im- plementing its requirements that the Bureau use data collected by institutions and reported to the Bureau to gather wage data about graduates and then make aggregate data available on the Bureau’s website.

The Bureau has upgraded its computer system, which al - lows for the Bureau to accept this and other annual report information electronically via an online portal. The online portal is necessary for the most efficient and secure method of collecting and transmitting this data to EDD and/or the CTC Data System. As a result, the mechanism set forth in current regulation for re - porting Annual Reports and supplemental documents will need to change.

The Bureau proposes to amend the Annual Report regulations to require that specified additional labor outcome data (“graduate identification data”) be re - ported by approved institutions as part of the Annual Report process and through an online annual reports portal designated by the Bureau. Specifically, the Bu - reau proposes the following amendments to

Section 74110: Add Subsection (c) — Reporting of Graduate Identification Data 1. Add subsection (

c) to require each institution to provide graduate identification data as part of its annual report to the Bureau for each student who graduated from the institution’s educational pro - grams and as specified in proposed subsections (1)–(4); 2. Add subsection (c)(1) to require provision of grad- uate’s name and social security number (SSN) or individual taxpayer identification number (ITIN). If the graduate does not have an SSN or ITIN, the graduate’s information shall be reported as “not available”; 3. Add subsection (c)(2) to require provision of date of graduation; 4.

Add subsection (c)(3) to require provision of the following for each educational program in which the graduate was enrolled: (

A) The federal Bu - reau of Labor Statistic’s Standard Occupation Classification (SOC) codes for which the institu - tion has identified that the program prepares its graduates when required for the reporting of job placement rates under subdivision (i)(3) of sec - tion 74112; (

B) Educational program’s name; (

C) Program length, as measured in clock hours or credit hours; and, (

D) Type or title of degree, di - ploma or certificate awarded; and, 5. Add subsection (c)(4) to require provision of the amount of federal student loan debt for the grad - uate, if any, as reported by the institution under subdivision (

g) of

section 74112. Add Subsection (d) — Specific Timeframes for Reporting Graduate Identification Data 6. Add a title to subsection (

d) as notice of the re - quirements for specific timeframes for reporting graduate identification data; 7. Adds subsection (d)(1) to prescribe the writ - ten notice required by Education Code

Section 94892.6(b)(5), which shall inform the institution that the Director has certified that the Bureau’s information technology system has been updat - ed and is capable of processing the data required by that

Section and that the institution has 120 days from receipt of the notice to comply with this section; 8. Adds subsection (d)(2) would require the first an- nual report submitted by an institution that con - tains the graduate identification data required to be reported to include information collected on all students who graduated from January 1, 2020 through the end of the prior calendar year. The proposal would provide that subsequent annual reports need only contain information about stu - dents who graduated in the prior calendar year. Revise subsection (f) — add new electronic filing requirements 9.

Strike the requirement for submitting an online form provided on the Bureau’s website and re - place it with a requirement to submit the annual report information via the Bureau’s online annual reports portal designated on the Bureau’s website at: www.bppe.ca.gov; 10. Strike the requirement to “attach” the School Per- formance Fact Sheet, the enrollment agreement, and the school catalog and replace it with a re - quirement to “upload” those documents, in addi - tion to the specified graduate identification data; 11. Adds new conditions for electronic filings via the portal, including: (

A) requiring a responsible institution represen - tative to register the institution for a user account by creating a user name, password, email address, and the institution represen - tative’s first and last name, primary phone number, and address; (

B) requiring, as part of the annual report, that the institution provide standard reporting and contact information through the online portal, as specified; (

C) requiring the graduate identification data to be reported in an Excel spreadsheet (.xls

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 244 or .xlsx file format), text file with a semi– colon, comma, or pipe delimiter (.csv or .txt file format); (

D) requirements for providing an electronic signature for attestation under penalty of perjury; (

E) requirements for when an annual report is considered filed with the Bureau through the online portal, including receipt of an email confirming that submission has been re - ceived; and, (

F) requirements for hard copy filing of finan - cial statements, which includes providing or mailing hard copies directly to the Bureau’s Annual Report Unit at the Bureau’s princi - pal office. Other Proposed Changes to Annual Reporting Requirements In addition, the Bureau proposes to update other re- quirements in

Section 74110 to centralize all annual reporting requirements and further specify the Bu - reau’s current requirements, as follows: 1. Revise subsection (a): add the words “this sec - tion, subsections (f)–(

j) of

section 74112, and,” to ensure all annual reporting requirements are listed in one convenient location; 2. Add new subsection (a)(7): add to the list of the requirements, submission of a blank copy of the institution’s enrollment agreement and catalog for the reporting year; 3. Revise subsection (e): add the words “of each year” to specify that the annual report is due by December 1st of each year; and, 4. Make other nonsubstantive and technical clean– up changes to add the words “of the Code” where appropriate to clarify existing statutory sections are derived from the Education Code.

Anticipated Benefits of Proposal The changes proposed by this regulatory action will enable the Bureau to implement the legislative mandate of CEC

section 94892.6 that schools col - lect and annually report to the Bureau data that will allow the Bureau to obtain labor market outcomes about graduates so the Bureau can post on its website program–level and institution–level statistics regard - ing the earnings of graduates, as well as student debt information, subsequent to completing their programs.

The Assembly Floor Analysis of AB 1340, the bill that proposed CEC 94892.6, quoted supporters of the bill as saying it would, “protect students, especially veter- ans, low–income students, and students of color, from ineffective career training and burdensome debt. … [P]rotecting students from harm is vastly more effec - tive than trying to make them whole after the harm has occurred.” While CEC

section 94892.6 does not require the data reported by schools to be reported in the Annual Report, doing so simplifies the reporting process and avoids creating a new, separate reporting system for data required to be reported annually. Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the Bureau has conducted a search of any similar regulations on this topic and has con - cluded that these regulations are neither inconsistent nor incompatible with existing state regulations.

Fiscal Impact Estimates Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Fed- eral Funding to the State: This proposal will not result in a fiscal impact to the state in the form of federal funding or any cost or savings to any state agency; the regulations will not increase costs or state workload.

The costs associated with implementation of AB 1340, such as the upgrade to the Bureau’s information technology system and the workload increase for processing the graduate identi - fication data collected and submitted by institutions, and to develop the Bureau’s posting of the wage data from the Employment Development Department on its website, are attributable to the statutory provisions of AB 1340, as enacted at CEC

section 94892.6, and not to the regulations. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which

section 17561–17630 Require Reimbursement: None. Business Impact: The Bureau has made the initial determination that the proposed regulations will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

This initial determination is based on the following facts: Existing law requires private postsecondary edu - cational institutions to annually submit the graduate identification data and other annual report information required by this section, including individually iden - tifiable information for each graduate, taxpayer iden - tification data (SSN or ITIN), Standard Occupational Code classifications by program, and the graduate’s student loan debt information.

This proposal requests some additional data elements to be included related to an individual’s name, program and date of graduation to aid in its reporting required by EDD. This informa-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 245 tion is already maintained by institutions and is used to complete the current annual reporting requirements generally by category and as listed in

section 74110. The additional documents and/or information added to the existing reporting requirements in

section 74110 would not add additional cost to the institutions be - cause the institutions are being asked to submit data they already have in a report they are already required to submit, and include attachments in a format (Excel) that is widely used and available to the industry. Impact on Jobs/New Business: None. Cost Impact on Private Person or Business: The Bureau is not aware of any cost impacts that a rep - resentative private person would necessarily incur in reasonable compliance with the proposed action.

This information that would be required by this proposal is already maintained by institutions and is used to complete the current annual reporting requirements generally by category and as listed in

section 74110. The additional documents and/or information added to the existing reporting requirements in

section 74110 would not add additional cost to the institutions be - cause the institutions are being asked to submit data they already have in a report they are already required to submit, and include attachments in a format (Excel) that is widely used and available to the industry. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Bureau has determined that the proposed regu - lations will not affect small businesses.

Although small businesses owned by licensees of the Bureau may be impacted, the Bureau estimates that the fiscal impact would be minor and absorbable as described in the above Business Impact statement. The Bureau does not maintain data relating to the number or percentage of licensees who own a small business; therefore, the number or percentage of small businesses that may be impacted cannot be predicted.

Business Reporting: The proposed regulations impose additional reporting or other compliance requirements: CEC sections 94934 and 94929.5 address private postsecondary educational institutions’ Annual Re - port requirements. CEC

section 94892.6 imposes additional annual reporting requirements on institu - tions. Proposed amendments to

Section 74110 would require additional information to be included in the Annual Report for private postsecondary educational institutions, including the graduate identification data required to be reported by CEC

section 94892.6, and would change the method for delivering Annual Re - ports to the Bureau. Existing law at CEC

section 94934, subdivisions (a) (9) and (b), authorizes the Bureau to require in An - nual Reports submitted by institutions “additional information deemed by the bureau to be reasonably required to ascertain compliance with this chap - ter.” The Bureau has determined that it is necessary for the health, safety, or welfare of the people of the State that the regulation apply to businesses. Adding reporting requirements and/or information to the ex - isting regulation will aid the Bureau in its compliance with CEC

section 94934 reporting requirements to the EDD and CTC Data System. The Bureau will then use the graduate identification data to collect wage data on the graduates from the Employment Development Department (EDD), allowing the Bureau to post ag - gregated wage data for programs on its website. This will enable those researching whether to enroll in a program to compare subsequent wage outcomes in or- der to make an informed choice as to which programs will provide the best training for future career success.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: As explained in the business impact estimate sec - tion, the Bureau has determined that this regulatory proposal will not have a significant impact on the cre- ation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of busi - nesses in the state of California.

Benefits of Regulation: The Bureau has determined that this regulatory pro- posal will have the following benefits to health and welfare of California residents: The proposal will provide the Bureau for Private Postsecondary Education with additional background information on private postsecondary educational in - stitutions, which will enable the Bureau to post infor - mation on its website about the potential labor market outcomes from completing a postsecondary education program and the debt incurred to complete the pro - gram.

This information will enable prospective stu - dents to make better choices about which program to attend. The regulatory proposal does not affect the state’s environment because the proposal only requires pri - vate postsecondary institutions to convey information about their programs to the Bureau, which should not affect the state’s environment.

The regulatory proposal would not affect worker safety because these regulations are not relevant to worker safety and are to enhance the Bureau’s abil - ity to ascertain student outcomes of attending and completing educational programs offered by Bureau– approved private postsecondary educational institutions.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 246 CONSIDERATION OF ALTERNATIVES The Bureau must determine that no reasonable alter- native it considered to the regulation or that has other- wise been identified and brought to its attention would either be more effective in carrying out the purpose for which the action is proposed or would be as effec- tive and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

Any interested person may present statements or ar- guments orally if a hearing is scheduled, or in writing relevant to the above determinations during the public comment period. INITIAL STATEMENT OF REASONS AND INFORMATION The Bureau has prepared an initial statement of rea- sons for the proposed action and has available all in - formation upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and the initial statement of reasons, and all of the in - formation upon which the proposal is based, may be obtained upon request from the Bureau for Private Postsecondary Education, P.O. Box 980818, West Sac- ramento, CA 95798–0818. A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All information upon which the proposed regu - lations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below.

You can obtain a copy of the final statement of rea - sons once it has been prepared, by making a written request to the contact person named below or by ac - cessing the website listed below. CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: David Dumble Address: P.O. Box 980818 West Sacramento, CA 9 5 7 9 8 – 0 8 1 8 Telephone Number: (279) 895–6091 Fax: (916) 263–1897 E–Mail Address: David.Dumble@dca.ca.gov The backup contact person is: Name: Yvette Johnson Address: P.O.

Box 980818 West Sacramento, CA 9 5 7 9 8 – 0 8 1 8 Telephone Number: (279) 895–6099 Fax: (916) 263–1897 E–Mail Address: Yvette.Johnson@dca.ca.gov Website Access: The Bureau’s website is: http://bppe.ca.gov. Materi- als regarding this proposal can be found at http://bppe. ca.gov/lawsregs/current.shtml. An archive of the Bu - reau’s prior regulatory actions can be found at http:// bppe.ca.gov/lawsregs/archive.shtml. TITLE 5.

COMMISSION ON TEACHER CREDENTIALING CALIFORNIA CODE OF REGULATIONS, TITLE 5, PERTAINING TO EXAMINATION FEES The Commission on Teacher Credentialing (Com - mission) proposes to take the regulatory action de - scribed below after considering all comments, objec - tions, and recommendations regarding the proposed action. A copy of the proposed regulations is included with the added text underlined and the deleted text lined out. The Commission has not scheduled a public hearing on this proposed action.

However, the Commission will hold a hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the comment period.

SUMMARY OF PROPOSED ACTION The Commission is proposing to amend sections 80487 and 80071.4 related to examination fees. Spe - cifically, the Commission is proposing to repeal 80487(a)(4) to remove the fee for the paper–based California Basic Education Skills Test (CBEST), amend 80487(a)(2) to correct a typo, amend the num - bering in 80487 to update it, and to amend 80071.4(

j) to correct a reference.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 247 WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed action by fax, through the mail, or by email. The written comment period closes on April 25, 2022. Comments must be received by that time or may be submitted at the public hearing, should one be requested.

Interested parties may fax their response to (916) 327–3165; write to the Commission on Teach- er Credentialing, Attn: Kathryn Taylor, 1900 Capitol Avenue, Sacramento, California 95811; or submit an email to Kathryn.Taylor@ctc.ca.gov. Any written comments received by the closing of the public comment period will be reproduced by the Commission’s staff for each member of the Commis - sion as a courtesy to the person submitting the com - ments and will be included in the written agenda pre - pared for and presented to the full Commission at the hearing. AUTHORITY AND REFERENCE Education Code (EC)

section 44225(

q) authorizes the Commission to adopt the proposed regulations and amendments. These regulations are proposed in order to implement, interpret, and make specific the follow- ing: Education Code

section 44252(

b) and 44252.5 pertaining to the basic skills requirement for educators and the Commission’s responsibility to administer an examination to meet the basic skills requirement. INFORMATION DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations Education Code 44252.5 requires the Commission to administer the state basic skills proficiency test and authorizes the Commission to charge a fee to the individual being tested to cover the costs of the test, including developing, administering, and scoring the exam. The Commission will continue to administer the computer based CBEST at in–person testing cen - ters and through home online proctoring but will no longer offer the paper–based examination to which the $41 fee is attached. Assembly Bill (AB) 130 (Chap. 44, Stats 2021) amended Education Code

section 44252(

b) to allow additional options for candidates to meet the basic skills requirement (BSR). Candidates may now apply college–level coursework that was completed with an earned grade of “B” or higher in basic reading, writ - ing, and mathematics skills to meet the requirement, or candidates may mix coursework and passing scores of one or more of the CBEST subtests to demonstrate meeting the BSR. Previously, candidates had to pass all three subtests to use the CBEST examination to meet the BSR.

To align with the “mix and match” law the CBEST has been sub–divided into three individ - ual sections to allow candidates to mix and match coursework and subtest completion to meet the basic skills requirement.

Summary of Effect of the Proposed Rulemaking The proposed rulemaking will repeal the outdated $41 paper–based testing fee from regulations. No oth- er examination fees appear in regulations as all other fees are negotiated between the Commission and the examination contractor. Nonsubstantive amendments will correct typos and improve the clarity and consistency in the Commis - sion’s regulations.

Objectives and Anticipated Benefits of the Proposed Regulations Education Code 44252.5 requires the Commission to administer the state basic skills proficiency test and authorizes the Commission to charge a fee to the indi- vidual being tested to cover the costs of the test, includ- ing developing, administering, and scoring the exam. The objective of the proposed regulations is to remove an outdated fee for an outdated and currently unsafe proctoring method in order to be able to offer a safer and more accessible at home proctoring method.

The original regulation was based on a single approach to standardized exam proctoring where individuals gath- er in a room with a proctor and take a pencil and paper examination. Advancements in technology and exams development now allow for alternative and valid ways for individuals to take standardized examinations that offer more convenient, less stressful, and sometimes more affordable options for test takers.

The Commis - sion will continue to administer the CBEST via com - puter at in–person testing centers in addition to the at home online proctored exams but will no longer offer the paper–based examination to which the $41 fee is attached. Additionally, with this change no other examination fees will appear in regulations; all other examination fees are negotiated between the Commis- sion and the examination contractor. The additional proposed amendments will also ensure clarity through corrections of references and removal of typos.

The Commission anticipates that the proposed amendments will continue to benefit the health and welfare of California residents. Benefits anticipat - ed from this regulatory action include protecting the health and wellness of examinees interested in taking the paper–based CBEST by eliminating administer - ing this examination in large crowds at large venues where appropriate social distancing may not be pos - sible. Candidates are also able to save money by only having to take, or re–take, parts of the examination that have yet to be passed.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 248 Determination of Inconsistency/Incompatibility with Existing State Regulations The Commission has determined that the proposed regulation amendments are not inconsistent or incom- patible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the Commission has concluded that these are the only regulations that concern the standards for the CBEST fee. DISCLOSURES REGARDING THE PROPOSED ACTIONS/FISCAL IMPACT The Commission has made the following initial determinations.

Local Mandate These proposed regulations will not impose a man - date on local agencies or school districts that must be reimbursed in accordance with

Part 7 (commencing with

section 17500) of the Government Code. Local education agencies may choose to sponsor educator preparation programs utilizing the proposed regula - tions, however no mandate exists requiring local agen- cies or school districts to have educator preparation programs and therefore, no reimbursement in accor - dance with

Part 7 (commencing with

section 17500) of the government code is required. Fiscal Impact Costs to any local agency or school districts requiring reimbursement pursuant to Government Code

section 17500 et seq. These proposed regulations will not impose a cost to local agencies or school districts requiring reimburse - ment in accordance with

Part 7 (commencing with

section 17500) of the Government Code as sponsoring an educator preparation program which is aligned to the proposed regulations is not required by law. Cost or savings to any state agency None. Sponsoring an educator preparation program which is aligned to the proposed regulations is not re - quired by law. Other non–discretionary costs or savings imposed upon local agencies None. Sponsoring an educator preparation program which is aligned to the proposed regulations is not re - quired by law. Cost or savings in federal funding to the state None.

Sponsoring an educator preparation program which is aligned to the proposed regulations is not re - quired by law. Housing Costs No significant effect on housing costs exists. The re- peal of the fee in addition to the other proposed amend- ments does not intersect with the cost of housing. Significant Statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states The Commission has concluded there is no signif - icant adverse impact on business.

The Commission only contracts with one company to administer the CBEST examination at a time and uses the state ap - proved contracting processes. Only the contractor’s business is impacted by this regulatory proposal. Statement of the Results of the Economic Impact Assessment In accordance with Government Code

section 11346.3(b), the Commission has made the following assessments regarding the proposed regulations: Creation or Elimination of Jobs within California The Commission concludes that it is unlikely that the proposal will create or eliminate a significant num- ber of jobs within the State of California. The Com - mission contracts with Evaluation Systems group of Pearson to administer the CBEST. The contractor has not indicated any elimination of jobs as an outcome of this change in regulations.

Instead, the addition of on- line proctoring has resulted in the creation of a small number of new jobs, according to the contractor. Creation of New Businesses or Elimination of Existing Business within California The Commission concludes that it is unlikely that the proposal will create any new businesses or elimi - nate any existing businesses within the State of Cali - fornia. The Commission will continue to contract with Evaluation Systems group of Pearson to administer the CBEST. Thus, there will not be a creation of a new business or elimination of an existing business.

Expansion of Businesses Currently Doing Business within the California The Commission concludes that it is unlikely the proposal would cause the expansion of businesses currently doing business within the State of Califor - nia. The Commission will continue to contract with Evaluation Systems group of Pearson to administer the CBEST. Thus, there will not be a creation of a new business or elimination of an existing business. Benefits of the Regulations The Commission anticipates that the proposed amendments will continue to benefit the health and welfare of California residents.

Benefits anticipat - ed from this regulatory action include protecting the health and wellness of examinees interested in taking the paper–based CBEST by eliminating administer - ing this examination in large crowds at large venues where appropriate social distancing may not be pos - sible. Candidates who have demonstrated basic skills competency in coursework are also benefitted by not having to re–prove competency. Candidates are also

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 249 able to save money by only having to take, or re–take, parts of the examination that have yet to be passed. The Commission does not anticipate any specific benefits regarding worker safety or the state’s environment. COST IMPACTS ON A REPRESENTATIVE PRIVATE PERSON OR BUSINESS The current cost of the computer–based CBEST is $30 per subtest, or $90 to take all three subtests via computer either in a testing center or at home through online proctoring.

Prior to eliminating the paper–based CBEST, the cost was $102 for the computer–based examination whether an examinee had to pass all three parts or just one. Eliminating the paper–based assessment and adding the new options for demonstrating basic skills competence has made the CBEST potentially more affordable for all. This proposal does not have a cost impact on businesses, as the Commission only contracts with one company at a time to administer the CBEST examination. BUSINESS REPORT This proposal does not require a report to be made.

EFFECT ON SMALL BUSINESS The proposed regulations will not have a significant adverse economic impact upon small business. The Commission will continue to contract with Evaluation Systems group of Pearson to administer the CBEST examination. Business will remain the same and thus will not have an adverse economic impact on small business.

ALTERNATIVES STATEMENT The Commission must determine that no reason - able alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the pro - posed action, or would be more cost–effective to af - fected private persons and equally effective in imple - menting the statutory policy or other provision of law.

The Commission invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period or at the public hearing. CONTACT PERSON/ FURTHER INFORMATION General or substantive inquiries concerning the pro- posed action may be directed to Kathryn Taylor by telephone at (916) 445–0229, by mail at Commission on Teacher Credentialing, Attn: Kathryn Taylor, 1900 Capitol Avenue, Sacramento, CA 95811, or by email to Kathryn Taylor (Kathryn.Taylor@ctc.ca.gov), or Cara Mendoza ( CMendoza@ctc.ca.gov).

General ques - tion inquiries may also be directed to the addresses mentioned above. Upon request, a copy of the express terms of the proposed action and a copy of the Initial Statement of Reasons will be made available. This in- formation is also available on the Commission’s web- site at http://www.ctc.ca.gov/notices/rulemaking.html. In addition, all the information on which this proposal is based is available for inspection and copying.

AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The entire rulemaking file is available for inspection and copying throughout the rulemaking process at the Commission office at the above address. As of the date this notice is published in the Notice of Register, the rulemaking file consists of the Notice of Proposed Rulemaking, the proposed text of regulations, the Ini - tial Statement of Reasons, and an economic impact assessment/analysis contained in the Initial Statement of Reasons. Copies may be obtained by contacting Kathryn Taylor at the addresses or telephone number provided above.

MODIFICATION OF PROPOSED ACTION If the Commission proposes to modify the actions hereby proposed, the modifications (other than non - substantial or solely grammatical modifications) will be made available for public comment for at least 15 days before they are adopted. AVAILABILITY OF FINAL STATEMENT OF REASONS The Final Statement of Reasons is submitted to the Office of Administrative Law as part of the final rulemaking package, following the conclusion of the public hearing.

Upon its completion, copies of the Fi - nal Statement of Reasons may be obtained by contact- ing Kathryn Taylor at Kathryn.Taylor@ctc.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 250 AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the reg - ulations can be accessed through the Commission’s website at http://www.ctc.ca.gov/notices/rulemaking. html. TITLE 11. DEPARTMENT OF JUSTICE SELECTION PROCESS FOR PRIV ATE ARCHITECTURAL AND ENGINEERING FIRMS The Department of Justice (Department) proposes to adopt sections 600, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, and 613 of Title 11, Di - vision 1,

Chapter 6 of the California Code of Regu - lations concerning the selection process for private architectural and engineering firms. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed regulatory action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested per - son or their authorized representative no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action. The written comment pe - riod closes on April 26, 2022 at 5:00 p.m. Only written comments received by that time will be considered.

Please submit written comments to: Robert Dunlap Department of Justice 1300 I Street, Suite 1270 Sacramento, CA 95814 (916) 210–6423 robert.dunlap@doj.ca.gov NOTE: Written and oral comments, attachments, and associated contact information (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority:

Section 4526, Government Code (Gov. Code). Reference: Sections 4525, 4526, 4526.5, 4527, 4528, 4529, 4529.5, 4529.10, 4529.11, 4529.12, 4529.13, 4529.14, 4529.15, 4529.16, 4529.17, 4529.18, 4529.19, and 4529.20, Government Code; and

Article XXII, Sections 1 and 2, California Constitution. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: Generally, the California Constitution forbids state agencies from contracting for private companies to perform the services that state civil service employees can perform. In response, California voters adopted Proposition 35 in November 2000. Entitled the “Fair Competition and Taxpayer Savings Act,” Proposition 35 added

Article XXII to the California Constitution to provide that the State of California and all other governmental entities “shall be allowed to contract with qualified private entities for architectural and engineering services for all public works of improve - ment.” (Cal. Const., art. XXII, § 1.) Proposition 35 also added

chapter 10.1, commenc - ing with

section 4529.10, to the Government Code. “Architectural and engineering services” includes all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services.” (Gov.

Code, § 4529.10.) Prop- osition 35 also codified the voters’ intent to promote fair competition. (Id. at § 4529.12.) State agencies en- ter contracts with private firms through a competitive process of advertising for the service, selecting the firm determined to be best qualified, and negotiating a contract with that firm. (Id. at § 4525 et seq.) A state agency is required to develop regulations describing the procedures for contracting with pri - vate architectural and engineering firms. (Gov.

Code, § 4526.) Currently, the Department is unable to con - tract with private architectural and engineering firms because it has not adopted regulations on this subject. Effect of the Proposed Rulemaking: These proposed regulations would create a process for the Department to contract with private architec - tural and engineering firms.

Anticipated Benefits of the Proposed Regulations: The purpose and intent of Proposition 35 includ - ed “remov[ing] existing restrictions on contracting for architectural and engineering services and [al - lowing] state, regional and local governments to use qualified private architectural and engineering firms to help deliver transportation, schools, water, seismic retrofit and other infrastructure projects safely, cost– effectively and on time;” “encourag[ing] the kind of public/private partnerships necessary to ensure that California taxpayers benefit from the use of private

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 251 sector experts to deliver transportation, schools, wa - ter, seismic retrofit and other infrastructure projects;” “promot[ing] fair competition so that both public and private sector architects and engineers work smarter, more efficiently and ultimately deliver better value to taxpayers;” “speed[ing] the completion of a multi–bil- lion dollar backlog of highway, bridge, transit and oth- er projects;” “ensur[ing] that contracting for architec - tural and engineering services occurs through a fair, competitive selection process, free of undue political influence, to obtain the best quality and value for Cal- ifornia taxpayers;” and “ensur[ing] that private firms contracting for architectural and engineering services with governmental entities meet established design and construction standards and comply with standard accounting practice and permit financial and perfor - mance audits as necessary to ensure contract services are delivered within the agreed

schedule and budget.” (Initiative Measure (Prop. 35, § 2, approved Nov. 7, 2000, eff.

Nov. 8, 2000).) The specific benefits anticipated by the proposed regulations include: (1) the Department will be able to complete projects in a timely manner by directly contracting with private firms when State civil ser - vice staff are not available to perform the necessary work; (2) the Department will be able to make annu - al announcements based on the general need for ar - chitectural and engineering services to assist in its overall mission and may enter into requirements con - tracts, also commonly known as “on–call” contracts; (3) “on–call” contracts will allow for expeditious and cost–effective contracting for as–needed projects; and (4) business opportunities for private firms to contract with the Department will be increased.

Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to these proposed regulations. Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department has determined that these proposed regulations are not inconsistent or incompatible with existing state regulations. After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern the Department’s ability to contract with private architectural and engineering firms.

Forms or Documents Incorporated by Reference: None. Other Statutory Requirements: None. DISCLOSURES REGARDING THE PROPOSED ACTION The Department’s Initial Determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: No fiscal im - pact on Department spending because the cost of con- tracting with private architectural and engineering firms will be comparable to current spending with the Department of General Services for architectural and engineering services.

Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on representative person or business: The Department 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. Businesses are not required to apply for contracting opportunities with the Department.

These regulations could result in additional income for busi- nesses if they choose to participate in the program and are selected for a project. Significant effect on housing costs: None. Significant, statewide adverse economic impact di - rectly affecting businesses, including ability to com - pete: The Department has made an initial determina - tion that that the proposed action will not have a sig - nificant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

Results of the Economic Impact Assessment (EIA): The Department concludes that it is (1) unlikely that the proposal will create or eliminate jobs within the state, (2) unlikely that the proposal will create new businesses or eliminate existing businesses within the state, (3) likely that the proposal will result in the ex - pansion of businesses currently doing business within the state. The Department also concludes that:

(1) The proposal would benefit the health and welfare of California residents by allowing the Depart - ment to use qualified private architectural and engineering firms to help deliver projects safely, cost–effectively, and on time.

(2) The proposal would benefit worker safety by al - lowing the Department to contract with private architectural and engineering firms, thereby en - abling the Department to resolve and avoid proj - ect delays that may otherwise jeopardize worker safety.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 252

(3) The proposal would not benefit the state’s envi - ronment because it does not change any applica - ble environmental standards. Business report requirement: None. Small business determination: The Department has determined that the proposed action affects small businesses. Small businesses will have more of an opportunity to compete for contracts under these regulations. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative considered by the Department or that has been brought to the atten - tion of the Department would be more effective in car- rying out the purpose for which the action is proposed or would be as effective and less burdensome to affect- ed private persons than the proposed action or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Department has determined that the proposed regulations are the most effective way to contract with private architectural and engineering firms. The reg - ulations do not create any burden because applying to contract with the Department is voluntary. These regulations increase business opportunities for private firms because they will allow the Department to select private firms to complete necessary projects.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Robert Dunlap Department of Justice 1300 I Street, Suite 1270 Sacramento, CA 95814 (916) 210–6423 robert.dunlap@doj.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person.

In the event the contact person is unavailable, inquiries regarding the pro - posed action may be directed to the following backup contact person: Kevin Sabo Department of Justice 1300 I Street, Suite 1270 Sacramento, CA 95814 (916) 210–7639 regulations@doj.ca.gov A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address.

As of the date this Notice of Proposed Rulemak - ing (Notice) is published in the Notice Register, the rulemaking file consists of this Notice, the Text of Pro- posed Regulations (the “express terms” of the regula - tions), the Initial Statement of Reasons, and any infor- mation upon which the proposed rulemaking is based. The text of this Notice, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based are available on the Department’s website at https://oag.ca.gov/cpu.

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

If the Department makes modifications which are sufficiently related to the originally–proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as re - vised. Please send requests for copies of any modified regulations to the attention of the name and address indicated above. The Department will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Department’s web- site at https://oag.ca.gov/cpu. Please refer to the con - tact information listed above to obtain a written copy of the Final Statement of Reasons. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice, the express terms, the Ini - tial Statement of Reasons, and any information upon which the proposed rulemaking is based are available on the Department’s website at https://oag.ca.gov/cpu.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 253 TITLE 11. DEPARTMENT OF JUSTICE REGULATIONS FOR THE FAIR AND ACCURATE GOVERNANCE OF THE CALGANG DATABASE The Department of Justice (Department) proposes to amend sections 755.8, 756.1, and 756.6 of title 11, division 1,

chapter 7.5 of the California Code of Regu- lations (CCR) concerning the Fair and Accurate Gov - ernance of the CalGang Database (CalGang), pursuant to the authority in Penal Code

section 186.36. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed regulatory action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested per - son, or their authorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action. The written comment pe - riod closes on April 26, 2022 at 11:59 p.m.

Only writ- ten comments received by that time will be consid - ered. Please submit written comments to: Shayna Rivera Department of Justice 4949 Broadway Sacramento, CA 95820 gangdatabaseGDTAC@doj.ca.gov NOTE: Written and oral comments, attachments, and associated contact information (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority:

Section 186.36, Penal Code. Reference: Sections 186.34, 186.35 and 186.36, Pe- nal Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: The CalGang database, a shared gang intelligence database, is designed to enhance officer safety and im- prove the efficiency of criminal investigations by pro- viding an electronically–generated base of statewide gang–related intelligence information.

On October 22, 2020 the Department promulgated regulations re - quired by Assembly Bill (AB) 90 (Stats. 2017, Ch. 695) that governed the use, operation, and oversight of any shared gang database, including, among other things, establishing the requirements for entering and review- ing gang designations, the retention period for listed gangs, and the criteria for identifying gang members.

For the CalGang database specifically, the Department developed and implemented standardized periodic training for all persons with access to the CalGang da- tabase, and requirements and procedures for periodic audits by law enforcement agencies and Department staff to ensure the accuracy, reliability, and proper use of the CalGang database. Before October 15 of each year for the period cov - ering the preceding year, CalGang Node Agencies and User Agencies must report to the Department each time they did not attempt to provide notice pursuant to subdivision (c)(1) of Penal Code

section 186.34 and

article 7; did not provide notification to a juvenile, or parent or guardian of a juvenile, pursuant to subdivi - sion (c)(1) of Penal Code

section 186.34 and

article 7; received an information request pursuant to subdivi - sion (d)(1) of Penal Code

section 186.34; received a request for removal of a record pursuant to subdivision (

e) of Penal Code

section 186.34; granted a request for removal of a record pursuant to Penal Code

section 186.34; received service of a petition under Penal Code

section 186.35 and the disposition of the petition; and the number of proxy queries conducted by a Node Agency or User Agency, and the name of each agency requesting the proxy query. (Cal. Code Regs., title 11, § 756.6, subdivision (a).) In addition to the reporting requirement above, Cal- Gang Node Agencies and User Agencies must also submit a written attestation to the Department that its entries in the CalGang database comply with Depart - ment regulations. (Cal. Code Regs., title 11, § 756.1, subdivision (b).) Currently, this annual attestation is due by October 15 of each year.

The purpose of the annual attestation is to ensure Node Agency and User Agency accountability and accuracy of entries in the CalGang database. The CalGang regulations also require that an audit be completed at each Node Agency and User Agency of all criminal street gangs they have entered in the CalGang database at least once every three years. This purpose of the audit is to ensure that each designated gang is still active and that the entry complies with CalGang regulations.

Node Agencies and User Agen - cies must document and submit the results of the audit to the Department on the CalGang Gang Audit form, California Justice Information Services (CJIS) 9005. Effect of the Proposed Rulemaking: This rulemaking would change the annual attesta - tion due date from October 15 to January 1. The pro -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 254 posed regulations would balance the workload of the Department’s CalGang Unit, as well as the workload of Node Agencies and User Agencies, since Node Agencies and User Agencies currently have a signif - icant amount of data to report to the Department by October 15, as described above. The reporting period for the annual attestation would continue to be Octo - ber 1 thru September 30, but the January 1 due date will give agencies reasonable to time to review their entries and to route the attestation through their chain of command.

Additionally, the proposed regulations would up - date the form CJIS 9005 to capture additional data pertinent to gangs that are in more than one Node. The proposed regulations would also update the CalGang Misuse Investigation Reporting form, CJIS 9008 to remove the hyphen in the word “email” to make it con- sistent with the Department’s other forms, along with other nonsubstantive changes.

Anticipated Benefits of the Proposed Regulations: The Department anticipates that these regulations would balance the workload of the Department’s Cal- Gang Unit, Node Agencies, and User Agencies by changing the due date of the annual attestation from October 15 to January 1 since Node Agencies and User Agencies currently have a significant amount of data to report to the Department by October 15. The annual attestation requirement will continue to benefit the health and welfare of the public by ensuring Node Agency and User Agency accountability and accuracy of entries in the CalGang database.

The regulations would also ensure that Node Agen- cies and User Agencies conduct effective audits to de- termine whether gangs are appropriately designated in the CalGang database. Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to these proposed regulations. Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department has determined that these pro - posed regulations are not inconsistent or incompatible with existing State regulations.

After conducting a re - view for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern criminal intelligence information or shared gang databases in California. Forms Incorporated by Reference: 1. CalGang Gang Audit Form, CJIS 9005, revision 01/2022 (see subdivision (

a) of

section 755.8) 2. CalGang Misuse Investigation Reporting form, CJIS 9008, revision 01/2022 (see subdivision (

c) of

section 756.6) Other Statutory Requirements: None. DISCLOSURES REGARDING THE PROPOSED ACTION The Department’s Initial Determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Cost impacts on representative person or business: The Department 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 effect on housing costs: None.

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

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

(1) The proposal would benefit the health and welfare of California residents by continuing to ensure Node Agency and User Agency accountability and accuracy of entries in the CalGang database.

(2) The proposal would not benefit worker safety.

(3) The proposal would not benefit the state’s environment. Business report requirement: None. Small business determination: The Department has determined, pursuant to CCR, title 1,

section 4, that the proposed regulatory action would not affect small business, because it pertains only to Users of the Cal - Gang database, not private businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative considered by the Department or that has otherwise been identified and brought to the attention of the Department would

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 255 be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost–effective to affected private persons and equally effective in im- plementing the statutory policy or other provision of law.

The Department has determined that the proposed regulations are the most effective way to ease the workload of the Department, User Agencies, and Node Agencies, by no longer having the same due date for both the required reports and annual attestation. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Shayna Rivera Department of Justice 4949 Broadway Sacramento, CA 95820 gangdatabaseGDTAC@doj.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person.

In the event the contact person is unavailable, inquiries regarding the pro - posed action may be directed to the following backup contact person: Thomas Bierfreund Department of Justice 4949 Broadway Sacramento, CA 95820 gangdatabaseGDTAC@doj.ca.gov A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying through - out the rulemaking process at its office at the above address.

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

Please refer to the contact informa - tion listed above to obtain copies of these documents. A VAILABILITY OF CHANGED OR MODIFIED TEXT After the Department analyzes all timely and rel - evant comments received during the 45–day public comment period, the Department will either adopt these regulations substantially as described in this notice or make modifications based on the comments.

If the Department makes modifications which are sufficiently related to the originally–proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as re - vised. Please send requests for copies of any modified regulations to the attention of the name and address indicated above. The Department will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Department’s web- site at https://oag.ca.gov/jdis/regs. Please refer to the contact information included above to obtain a written copy of the Final Statement of Reasons. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based are available on the Department’s website at https://oag.ca.gov/jdis/regs. TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Re - habilitation (CDCR or department), proposes to revise sections 3000, 3040, 3041, 3041.3, 3043.3, 3043.5, 3044, 3044.1, 3044.2, 3075.1, 3077.1, 3315, 3375, 3375.2, 3375.4, 3375.5, 3375.6, and 3379; repeal and adopt

section 3040.1; and repeal

section 3040.2 of the California Code of Regulations (CCR), Title 15, Di - vision 3,

Chapter 1, governing inmate credit–earning and program revisions. PUBLIC COMMENT PERIOD The public comment period begins March 11, 2022 and closes on April 26, 2022. Any person may submit

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 256 written comments by mail addressed to the primary contact person listed below, or by email to rpmb@ cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the reg - ulations, call the program contact person listed below. No public hearing is scheduled for these proposed regulations; however, pursuant to Government Code

Section 11346.8, any interested person or their duly authorized representative may request a public hear - ing, no later than 15 days prior to the close of the writ- ten comment period. CONTACT PERSONS Primary Contact S. Pollock Telephone: (916) 445–2308 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Sun Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact Niki Dhillon Telephone: (916) 324–3663 Division of Rehabilitative Programs P.O. Box 942883 Sacramento, CA 94283–0001 AUTHORITY AND REFERENCE Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, respon - sibilities, obligations, liabilities, and jurisdiction of abolished predecessor entities, such as: Department of Corrections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

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

Section 5050 pro- vides 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, custody, treatment, training, discipline, and employ - ment of persons confined therein are vested in the Sec- retary of the CDCR. PC

Section 5055 provides that commencing July 1, 2005, all powers and duties pre - viously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of persons. PC

Section 5058.3 authorizes the Director to certify in a written statement filed with Office of Administrative Law that operational needs of the department require adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The regulations further the department’s commit - ment to providing evidence–based rehabilitative pro - gramming and treatment services to its incarcerated population.

The proposed regulations include implementing the new Integrated Substance Use Disorder Treat - ment and Cognitive Behavioral Interventions Criteria, amending Milestone Completion Credit (MCC) and Educational Merit Credit, and revising the Milestone Completion Credit

Schedule (MCCS). Revisions also facilitate the replacement of the terms “Reentry Hubs” with “Rehabilitative Programs,” “Substance Abuse Treatment” with “Integrated Substance Use Disor - der Treatment” (ISUDT),” “Substance Abuse” with “Substance Use Disorder,” and “Cognitive Behavioral Treatment” with “Cognitive Behavioral Interventions (CBI),” and remove the Long Term Offender Program (LTOP), as LTOP participants are now incorporated into the new CBI model. California Penal Code,

Section 2053.1 requires the department to implement programs that, in part: 1) Fo- cus on increasing the reading ability of an inmate to at least a 9th–grade level; 2) Focus on helping the inmate gain a General Education Development (GED) certif - icate, or its equivalent, or a high school diploma. The 2019/2020 budget included funding to establish and support a literacy mentor program across all adult in - stitutions.

The Peer Literacy Mentor Program not only provides eligible inmates with greater opportunity to participate in programs and to earn Milestone Com - pletion Credit (MCC) and Educational Merit Credit upon successful completion, it expands literacy learn- ing opportunities to an exponential number of inmates outside of traditional academic instruction. The revised MCCS also includes the new CBI pro - gramming through the Integrated Substance Use Dis - order Treatment (ISUDT) Program. The 2019/2020 budget included funding for the ISUDT Program

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 257 which was implemented in January 2020. The ISUDT Program identifies incarcerated individuals at risk for harm related to Substance Use Disorder (SUD) and provides treatment that reduces the risk of overdose or other complications related to SUD. Treatment in - tegrates the newly designed CBI model in all CDCR adult institutions.

This action will: ● Amend the Milestone Completion Credit Sched - ule to add new programs, discontinue programs that are no longer available, amend the amount of credit earned for some programs, and reorganize the schedule. ● Eliminate Reentry Hubs and expand Rehabili - tative and Cognitive Behavioral Interventions (CBI) programming across all institutions. ● Implement the Integrated Substance Use Disor - der Treatment and Cognitive Behavioral Inter - ventions Criteria to assist inmates suffering the effects of Substance Use Disorder. ● Repeal the Long Term Offender Program, which is now incorporated into the CBI program. ● Establish a new Peer Literacy Mentor Program. ● Establish that the Office of Correctional Edu - cation conduct a thorough review for any docu - mentation of an inmate’s completion of education from an accredited agency approved by the Unit- ed States Department of Education. ● Establish a new Milestone Completion Credit (MCC) modified performance criteria to allow in–cell independent study programming upon approval at a level no lower than the Undersecre- tary of Operations, which will allow inmates the ability to continue participation in rehabilitative programs and earn MCC awards when in–person instruction is not possible.

DOCUMENTS INCORPORATED BY REFERENCE Milestone Completion Credit

Schedule (MCCS) (Revision 01/22) Correctional Offender Management Profiling for Alternative Sanctions (COMPAS) (copyright version 2020) SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The department believes that the expansion of re - habilitative programs to all institutions will allow more inmates to participate in programs to help them prepare for community reintegration.

The CDCR and CCHCS worked collaboratively to develop an Inte - grated Substance Use Disorder Treatment (ISUDT) program to address the needs of inmates suffering from Substance Use Disorder (SUD), covering their entire time in prison from entry to release. The goal for this system–wide effort is to recognize and treat the chronic illness of SUD and reduce fatalities at all levels of clinical need and to optimize rehabilitative potential for all incarcerated persons. Reorganization of the Milestone Completion Credit

Schedule (MCCS) will ensure clarity with regards to how the MCCS is implemented within the department, and assist in the application of Milestone Completion Credit (MCC) appropriately. Additionally, the revised MCCS will offer more comprehensive rehabilitative opportunities across all institutions, and provide in - centives for inmates to participate in rehabilitative and educational programming. A critical component of a well–functioning correctional system is providing of - fenders greater opportunity for rehabilitation, thereby improving offender outcomes and increasing public safety.

It is anticipated that these regulations will better prepare inmates to find employment upon release, maintain a clean and sober lifestyle, and will eventu - ally reduce recidivism and overcrowding in California prisons. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the department has determined the proposed regu - lations are not inconsistent or incompatible with ex - isting regulations.

After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these regulations are consistent with existing credit–earning regulations within CDCR. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim - bursement of costs or savings pursuant to Government Code Sections 17500–17630.

FISCAL IMPACT STATEMENT ● Cost or savings to any state agency: The fiscal impact on state government includes savings for CDCR of approximately $181,000 in Fiscal Year (FY) 2022/23, $3 million in FY 2023/24 and FY 2025/26, and $5.5 million in FY 2024/25. ● Cost to any local agency or school district that is required to be reimbursed: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 258 ● Other nondiscretionary cost or savings imposed on local agencies: County Probation (Post Re - lease Community Supervision) costs of $94,000 in FY 2022–23 and $1,572,000 in FY 2023–24; and savings of $337,000 in FY 2024–25 and $1,169,000 in FY 2025–26. ● 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 effect on housing costs.

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.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has made an initial determination that the proposed regulations will not have a signifi - cant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states, because the proposed regulations place no obligations or requirements on any business. EFFECT ON SMALL BUSINESSES The department has determined that the proposed regulations will not affect small businesses.

This ac - tion has no significant adverse economic impact on small businesses because they place no obligations or requirements on any businesses. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The 2019/2020 budget included funding for the CDCR and California Correctional Health Care Ser - vices (CCHCS) for the ISUDT program. The depart - ment has determined that the proposed regulations will create additional jobs within the state of Califor - nia through contracts to provide CBI programs used within the department.

The 2019/2020 ISUDT Budget Change Proposal, which was approved and funded, included funding for several Alcohol and Other Drug (AOD) counselors throughout the state, among other positions that are necessary for CBI programs. The incorporation of rehabilitative programs inclusive of CBI at all adult institutions is not anticipated to have an effect on the creation of new, expansion, or elimina- tion of existing businesses within the state of Califor - nia. The department has determined that the proposed regulation will have no effect on worker safety or the state’s environment.

These regulations will benefit public safety by providing eligible inmates with incen- tives to participate in rehabilitative and educational programming, and better prepare inmates to find em - ployment upon release, which may eventually reduce recidivism and overcrowding in California prisons.

CONSIDERATION OF ALTERNATIVES The department must determine that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention of the department would be more effective in carry - ing out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

Interest - ed persons are invited to present statements or argu - ments with respect to any alternatives to the changes proposed during the written comment period or at a scheduled hearing should one be scheduled. A VAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.

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 the public upon request directed to the department’s contact per- son. The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the depart- ment’s website: www.cdcr.ca.gov. 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 depart - ment’s contact person.

A VAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 259 ulations substantially as described in this Notice. If the department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the department adopts, amends, or repeals the regulations as revised. Requests for copies of any modified reg - ulation text should be directed to the contact person indicated in this Notice.

The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 27. ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS TO THE ENVIRONMENTAL ENFORCEMENT AND TRAINING GRANT PROGRAM REGULATIONS The California Environmental Protection Agency (CalEPA) will consider approving for adoption the proposed amendments to the Environmental Enforce - ment and Training Grant Program Regulations at 1001 I Street, Sacramento, CA 95814. CalEPA will not conduct a public hearing unless a hearing is requested.

To request a hearing, any inter - ested person, or his or her duly authorized represen - tative, may request, no later than 15 days prior to the close of the written comment period, a public hearing pursuant to Government Code (Gov. Code)

section 11346.8 by emailing eetagrants@calepa.ca.gov. If a hearing is requested, CalEPA will issue a public agen- da and notice of the hearing. Please consult the public agenda, which will be posted ten days before the hear- ing date, for important details, including, but not lim - ited to, the place of the hearing and the day on which this item will be considered, as well as any appropriate direction regarding a possible remote–only hearing. CalEPA may take action to approve for adoption the regulatory language as originally proposed, or with nonsubstantial or grammatical modifications.

CalEPA may also approve for adoption the proposed regula - tory language with other modifications if the text, as modified, is sufficiently related to the originally pro - posed text that the public was adequately placed on notice that the regulatory language as modified could result from the proposed regulatory action. If this oc - curs, the full regulatory text, with the modifications clearly indicated, will be made available to the pub - lic, for written comment, at least 15 days before final adoption.

WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS In accordance with the Administrative Procedure Act, interested members of the public may present comments in writing by postal mail or by electronic submittal. The public comment period for this regu - latory action will begin on March 11, 2022. Written comments must be submitted on or after March 11, 2022, and received no later than April 26, 2022. Com- ments submitted outside that comment period are con- sidered untimely. CalEPA may, but is not required to, respond to untimely comments, including those rais - ing significant environmental issues.

Comments submitted must be addressed to one of the following: Postal mail: California Environmental Protection Agency Jessica Aresca 1001 I Street, 25th Floor Sacramento, CA 95814 Electronic submittal: eetagrants@calepa.ca.gov Please note that under the California Public Records Act (Gov. Code, §§ 6250 et seq.), your comments, at- tachments, and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request.

Additionally, CalEPA requests, but does not require, that persons who submit written comments on this item reference the title of the proposal in their com - ments, to facilitate review. AUTHORITY AND REFERENCE This regulatory action is proposed under the au - thority granted in Penal Code sections 14300, 14301, 14303, 14306, 14307, 14308, 14309, 14314, and 14315. This action is proposed to implement, interpret, and make specific Penal Code sections 14300, 14301, 14303, 14306, 14307, 14308, 14309, and 14314. INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT OVERVIEW (Gov.

Code, § 11346.5, subdivision (a)(3)) Sections Affected: Proposed amendment of California Code of Regu - lations, title 27, sections 10011, 10012, 10013, 10014, 10015, 10016, 10017, and 10018 Proposed adoption of California Code of Regula - tions, title 27,

section 10019

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 260 Background and Effect of the Proposed Regulatory Action: The Secretary of the California Environmental Pro - tection Agency (CalEPA or Agency) administers the Environmental Enforcement and Training Program (Program), created by the Legislature in 2002 and codified in Penal Code sections 14300 et seq. The Pro- gram funds training and enforcement projects that fall within the descriptions in Penal Code Sections 14306 to 14308 and 14309 to enhance the enforcement of environmental laws in the State for the benefit of all Californians.

The Legislature adopted some changes to the Program’s authorizing statute in 2021, through Senate Bill (SB) 157. The Secretary administers the Program through its implementing regulations in California Code of Regulations, title 27, sections 10011 through 10018. CalEPA is proposing this rulemaking to amend Cal - ifornia Code of Regulations, title 27, sections 10011 through 10018, and to add California Code of Regula- tions, title 27,

section 10019. The proposed rulemaking will update the existing regulations to reflect changes to the Program made by SB 157, including changing the eligibility of grant recipients, adding community– based organizations as eligible training participants, and removing funding set–asides for circuit prosecu - tors and the California District Attorneys Association.

In addition, the proposed rulemaking will remove out- dated technology references, such as references to fax, add more clear criteria to the application, reporting, and auditing provisions, and re–organize the provi - sions to add clarity and make the regulation easier to follow. Finally, the proposed rulemaking will also add a severability provision, so that it is clear to regulated entities that if a court invalidates one portion of the regulation, the other portions remain in effect.

CalEPA may also consider other changes to the sections affect- ed, as listed on page one of this notice, or other sec - tions within the scope of this notice, during the course of this rulemaking process. The proposed rulemaking will make ineligible the entity the Legislature has rendered ineligible to re - ceive funds in SB 157. This will reduce funds previ - ously available to that entity, but this economic impact is fully offset by the fact that funding for other entities to perform grants for the same purposes remains avail- able.

Moreover, CalEPA believes that the part of this rulemaking that proposes to allow earmarks for spec - ified purposes allowed by law may increase contribu - tions to the funds and increase funding opportunities overall. This proposed rulemaking is not expected to have an economic impact on other regulated entities. The proposed rulemaking will help achieve the Leg- islature’s goals of enhancing environmental enforce - ment for the benefit of all Californians by making the requirements to apply for and use funding more clear.

This could result in increased environmental, public health, and worker safety benefits if additional train - ing and enforcement result, but the existing regulation already provides most of those benefits. The proposed amendments will also promote fairness and social eq - uity by updating the eligibility to reflect changes made by SB 157 that now explicitly provide for training for staff of community–based organizations, thereby sup- porting the Legislature’s goal to enhance environmen- tal enforcement to benefit all Californians.

Objectives and Benefits of the Proposed Regulatory Action: The proposed amendments would update the reg - ulations to reflect changes to the Program’s authoriz - ing statute made by SB 157, as well as to update the regulation to reflect current technology, remove un - necessary language, add more specific application and reporting requirements, and move language to more relevant sections, among other things. The proposed addition of

section 10019 would add a severability provision, making clear that the rest of the regulation would remain in effect if any other portion of the reg - ulation was found to be invalid. CalEPA conducted a pre–rulemaking process to de- velop this proposed rulemaking, including sending out an economic impact statement, holding a workshop on February 16, 2022, and holding informal rulemaking discussions with some stakeholders.

CalEPA determined the benefits of this proposed rulemaking based on the information CalEPA learned from this pre–rulemaking process, and from imple - menting the existing regulations, and based on the benefits the Legislature believed would come form the Program, as expressed in Penal Code sections 14300 et seq. Based on the aforementioned, these proposed regulations are expected to help support the existing benefits to worker safety, health, and the environment from the enhanced training and enforcement of envi - ronmental laws under the existing program.

The pro - posed regulations will also make it easier to under - stand, implement, and follow the regulation. Comparable Federal Regulations: There are no comparable federal regulations on the same issue as the proposed rulemaking. An Evaluation of Inconsistency or Incompatibility with Existing State Regulations (Gov. Code, § 11346.5, subdivision (a)(3)(D)): During the process of developing the proposed reg - ulatory action, CalEPA conducted a search of any sim- ilar regulations on this topic and concluded that the proposed regulations are neither inconsistent nor in - compatible with existing State regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 261 Fiscal Impact/Local Mandate Determination Regarding the Proposed Action (Gov. Code, § 11346.5, subdivisions (a)(5)&(6)): Under Government Code sections 11346.5, sub - division (a)(5) and 11346.5, subdivision (a)(6), the Executive Officer has determined that the proposed regulatory action would not create costs or savings to any State agency, would not create costs or savings in federal funding to the State, would not create costs or mandate to any local agency or school district, wheth- er or not reimbursable by the State under Government Code, title 2, division 4,

part 7 (commencing with sec- tion 17500), or other nondiscretionary cost or savings to State or local agencies. Housing Costs (Gov. Code, § 11346.5, subdivision (a)(12)): CalEPA has also made the initial determination that the proposed regulatory action will not have a signifi - cant effect on housing costs. Significant Statewide Adverse Economic Impact Directly Affecting Business, Including Ability to Compete (Gov.

Code, §§ 11346.3, subdivision (a), 11346.5, subdivision (a)(7), 11346.5, subdivision (a)(8)): CalEPA has made an initial determination that the proposed regulatory action would not have a signifi - cant statewide adverse economic impact directly af - fecting businesses, including the ability of California businesses to compete with businesses in other states, or on representative private persons. More informa - tion about this is in the Initial Statement of Reasons for this proposed rulemaking. Results of The Economic Impact Analysis/ Assessment (Gov.

Code, § 11346.5, subdivision (a)(10)): CalEPA has determined that the proposed regulato - ry action would not affect the creation or elimination of jobs within the State of California, the creation of new businesses or elimination of existing business - es within the State of California, or the expansion of businesses currently doing business within the State of California. A detailed assessment of the econom - ic impacts of the proposed regulatory action can be found in the Economic Impact Analysis in the Initial Statement of Reasons (ISOR).

The objectives of the proposed regulatory action are to update the regulations to reflect changes to the Act made by SB 157, as well as to update the regulation to reflect current technology, remove unnecessary lan- guage, and make the regulation more clear and orga - nized. The proposed rulemaking is expected to sup - port benefits to the health and welfare of California residents, worker safety, and the State’s environment by improving the regulations supporting the enhance - ment of environmental laws that protect public and worker health and safety and the environment. Business Report (Gov.

Code, §§ 11346.5, subdivision (a)(11); 11346.3, subdivision (d)): The reporting requirements in the proposed regula - tory action apply only to private nonprofits and public agencies, not to businesses. Cost Impacts on Representative Private Persons or Businesses (Gov. Code, § 11346.5, subdivision (a)(9)): In developing this regulatory proposal, CalEPA evaluated the potential economic impacts on repre - sentative private persons or businesses. CalEPA is not aware of any cost impacts that a representative private person or business would necessarily incur in reason - able compliance with the proposed action.

Effect on Small Business (Cal. Code Regs., title 1, § 4, subdivisions (

a) and (b)): CalEPA has also determined under California Code of Regulations, title 1,

section 4, that the proposed regulatory action would not affect small businesses because the proposed rulemaking does not apply to small businesses. Consideration of Alternatives (Gov.

Code, § 11346.5, subdivision (a)(13)): Before taking final action on the proposed regulato- ry action, CalEPA must determine that no reasonable alternative considered by CalEPA, or that has other - wise been identified and brought to the attention of CalEPA (including during preliminary workshop ac - tivities), would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

ENVIRONMENTAL ANALYSIS CalEPA has determined that implementing the proposed rulemaking would not result in any physi - cal changes to the environment, or any potentially significant adverse impacts on the environment. The proposed changes are not anticipated to result in any environmental impacts, such as new building, traffic changes, natural resource impacts, etcetera. The pro - posed changes may offer environmental benefits, but those are unlikely to differ from those benefits offered by the existing regulation.

SPECIAL ACCOMMODATION REQUEST Special accommodation or language needs may be provided for any of the following: ● An interpreter to be available at any hearing;

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 262 ● Documents made available in an alternate format or another language; and ● A disability–related reasonable accommodation. To request these special accommodations or lan - guage needs, please contact eetagrants@calepa.ca.gov as soon as possible, but no later than ten business days before the end of the scheduled comment period.

AGENCY CONTACT PERSONS Inquiries concerning the substance of the proposed regulatory action may be directed to the agency rep - resentative, Sarah Taylor, at (916) 345–4551, or Jessica Aresca, at jessica.aresca@calepa.ca.gov. AVAILABILITY OF DOCUMENTS CalEPA has prepared an Initial Statement of Rea - sons (ISOR) for the proposed regulatory action, which includes a

summary of the economic and environmen- tal impacts of the proposal. Copies of the ISOR and the full text of the proposed regulatory language, in underline and strikeout format to allow for comparison with the existing regulations, may be accessed on CalEPA ’s website listed below, starting on March 11, 2022. Please contact Sarah Tay- lor, at (916) 345–4551 if you need physical copies of the documents. Because of current travel, facility, and staffing restrictions, CalEPA ’s offices have limited public access. Pursuant to Government Code

section 11346.5, subdivision (b), upon request to Sarah Taylor, physical copies could be obtained from the Public In - formation Office, CalEPA, 1001 I Street, Visitors and Environmental Services Center, First Floor, Sacra - mento, California, 95814. Further, the agency representative to whom nonsub- stantive inquiries concerning the proposed adminis - trative action may be directed is Sarah Taylor, at (916) 345–4551. CalEPA has compiled a record for this rulemaking action, which includes all the informa - tion upon which the proposal is based.

This material is available for inspection upon request to the above– named contact persons. FINAL STATEMENT OF REASONS A VAILABILITY Upon its completion, the Final Statement of Reasons (FSOR) will be available and copies may be requested from the agency contact persons in this notice, or may be accessed on CalEPA ’s website, listed below. INTERNET ACCESS This notice, the ISOR, and all subsequent regulato - ry documents, including the FSOR, when completed, are available on CalEPA ’s website for this rulemaking: https://calepa.ca.gov/environmental–enforcement– and–training–grant–program–2022–rulemaking/ .

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CSSHAPA CONSISTENCY DETERMINATION REQUEST FOR BELCAMPO–NORTH ANNEX SAFE HARBOR AGREEMENT 2089–2022–002–01 SISKIYOU COUNTY California Department of Fish and Wildlife (CDFW) received a notice on February 23, 2022, that Belcampo–North Annex (Landowner) proposes to rely on a federal safe harbor agreement to carry out a project that may provide a net conservation benefit for the Southern Oregon Northern California Coast (SONCC) coho salmon evolutionarily significant unit (ESU) (Oncorhynchus kisutch), a species protected by the California Endangered Species Act.

The proposed project involves routine agricultural activities im - plemented according to avoidance and minimization measures, as well as beneficial management actions such as habitat improvements intended to provide con- servation benefits to the SONCC coho salmon ESU in the Shasta River. The proposed project will occur on the Belcampo–North Annex Property, which is locat - ed at 41°37’58.93” North latitude, 122°29’35.62” West longitude in Siskiyou County, California. The notice requested a CDFW determination pur - suant to California Fish and Game Code

Section 2089.22, that the template safe harbor agreement dated February 24, 2021, the Site Plan Agreement dated Oc- tober 27, 2020 and the enhancement of survival permit number 23271 issued by the National Marine Fisher - ies Service to the Landowner on February 24, 2021, are consistent with the California State Safe Harbor Agreement Program Act (CSSHAPA) for purposes of the proposed Project. If CDFW determines the federal safe harbor agreement is consistent with CSSHAPA for the proposed Project, the Landowner will not be required to obtain a California state safe harbor agree- ment under Fish and Game Code

section 2089 for the Project.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 263 DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR INTERSTATE 580/205 ROADSIDE SAFETY IMPROVEMENT PROJECT 2080–2022–004–03 ALAMEDA COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on March 1, 2022, that the California Department of Transportation (Caltrans) proposes to rely on a consultation between federal agencies to carry out a project that may adversely af - fect a species protected by the California Endangered Species Act (CESA).

The proposed project involves improving maintenance worker safety at 14 locations along I–580 and I–205 in Alameda County. Proposed activities will include, but are not limited to, minor grading and scraping, installation of temporary fenc - ing, construction of maintenance vehicle pullouts, and installation of concrete pavement. The U.S.

Fish and Wildlife Service (Service) issued a federal biological opinion (BO) (Service Reference Number 2022–0002454–S7–001) in a memorandum to Caltrans on February 15, 2022, which considered the effects of the proposed project on state and federal- ly threatened California tiger salamander (Ambystoma californiense). Pursuant to California Fish and Game Code

section 2080.1, Caltrans is requesting a determination that the BO and its associated Incidental Take Statement (ITS) are consistent with CESA for purposes of the proposed project. If CDFW determines the BO and its associated ITS are consistent with CESA for the pro - posed project, Caltrans will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project. PETITION DECISION DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE OF DECISION ON PETITION TO AMEND REGULATIONS PURSUANT TO GOVERNMENT CODE 11340.7 Petitioner Frederick Everts, #F62994 Department Contact Person Please direct any inquiries regarding this action to Ying Sun, Associate Director, Regulation and Poli - cy Management Branch, Department of Corrections and Rehabilitation, P.O. Box 942883, Sacramento, CA 94283–0001. Availability of Petition The petition to amend regulations is available upon request directed to the Department’s contact person.

Authority Penal Code Sections: 5054 and 5058 Provisions of California Code Of Regulations Affected: Title 15, Crime Prevention and Corrections Division 3, Adult Institutions, Programs and Parole

Summary of Petition and Department Decision:

Section 3260.1 Petitioner’s Request: The petitioner requests that this

section be amended to state that if the California Department of Correc - tions and Rehabilitation (CDCR) “makes any public records available to inmates in electronic form by any means, they shall respond to inmate requests for elec - tronic copies of public records by making electronic copies of responsive, non–exempt records available by the same means.” The petitioner wants inmates to be able to receive electronic copies of requested public records on inmate tablets.

Reason for Request: The petitioner provides a number of reasons for re - questing the provision of requested public records on inmate tablets: ● The amendment would not require CDCR “to build out infrastructure where none exists.” CDCR “currently makes come public records (e.g. rules, regulations, and operating procedures) available to inmates in electronic form using the CTS,” so this amendment would require CDCR “to leverage the CTS to make responsive public records available to inmates in electronic form.” ● Denying inmates “the right to receive electronic copies of public records” violates inmates’ rights as contained in Penal Code

Section 2600. ● The expense of obtaining paper copies of pub - lic records makes said records practically inaccessible. ● Paper copies take up storage space, which is lim- ited for inmates. Providing electronic copies of public records would alleviate storage space is - sues as well as reduce fire hazards and increase the efficiency and effectiveness of cell searches. ● The provision of electronic copies of public re - cords would ensure access to said public records

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 264 within the ten–day timeframe required by the Public Records Act. ● In response to a previous petition on this subject, specifically the issue of the cost of paper copies of public records, “CDCR responded that there would still be costs associated with electronic copies.” The cost of duplicating an electronic public re - cord is “a small fraction of the cost of duplicat - ing paper records,” however, and CDCR “makes electronic copies of public records available to the public at no cost.” ● In response to a previous petition on this subject, CDCR stated that the amount of data that the tablets would be able to accommodate was not known.

Standard Agreement C5610009, Exhibit 24.2 states, “GTL can provide CDCR with unlimited storage.” ● In response to a previous petition on this subject, CDCR stated that not all inmates would be able to have tablets and therefore making public re - cords accessible in an electronic format to only those inmates with tables would violate the policy that all information that CDCR makes available to one inmate must be accessible to all inmates. “CTS services are delivered to all inmates” and “GTL is required to provide tablets to all in - mates.” Additionally, “GTL is required to make kiosks available in all housing units for inmates whose tablets are not working.” ● In response to a previous petition on this sub - ject, CDCR stated that inmates would still need to make paper copies of public records in order to send copies to family members because “CTS does not allow attachments to e–mails.” If inmates wanted to send paper copies of pub - lic records to family members, the “cost savings would still be realized in those cases where in - mates did not want to send a copy of the pub - lic record to family, and the other benefits (e.g. ease of access, ease of storage, searchability, and quicker responses to requests) would be realized in all cases nonetheless.” However, there would “never be a need for inmates to send a copy of a public record to family, because free persons can make their own public records requests and receive electronic or paper copies directly from the department.” Department’s Response: The petition is denied for the following reasons: ● A regulation must meet certain regulatory tests.

A regulation implements, interprets, or makes specific the provisions of a statute, court deci - sion, or governs a regulation or another agency. A regulation also must apply equally to all inmates, parolees, and the public in similar situations. The request to amend Title 15

section 3260.1 does not meet either of these regulatory tests. There is no statute, court decision, or regulation of another agency that requires the production of records disclosed pursuant to a Public Records Act re - quest be done electronically for inmates. In addi- tion, tablets and kiosks are not currently available to all inmates, and the proposed amendment to

section 3260.1 would not then apply equally to all inmates. ● The proposed amendment does not result in a cost savings to CDCR, as there are still costs as - sociated with producing records electronically. ● The proposed amendment does not result in a cost savings to inmates, as there is still a cost per “page” associated with producing records electronically. ● The availability of records on tablets and kiosks does not impact CDCR’s requirement to make a determination of whether there are or are not re - sponsive records within the statutory timeframes. ● Inmates may request to inspect records, which would not impact storage space.

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 Corrections and Rehabilitation File # 2022–0113–01 Nonviolent Parole Process Eligibility In re Gadlin This action makes permanent the emergency chang- es made in OAL File Number 2021–0409–02EON that amended the nonviolent offender parole review process (NVPP) eligibility regulations to be consistent with the California Supreme Court ruling In re Gadlin (2020) 10 Cal.5th 915. Additionally, this action makes changes to clarify NVPP eligibility and consideration and to eliminate the use of gender pronouns.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 265 Title 15 Amend: 2449.1, 2449.4, 2449.5, 2449.30, 2449.32, 3490, 3491, 3492, 3495, 3496, 3497 Filed 02/28/2022 Effective 02/28/2022 Agency Contact: Josh Jugum (916) 445–2266 Department of Justice File # 2022–0207–01 Amendments to Department of Justice Conflict–of– Interest Code This is a Conflict–of–Interest Code that has been approved by the Fair Political Commission and is be - ing submitted for filing with the Secretary of State and printing.

Title 11 Amend: 20 Filed 03/01/2022 Effective 03/31/2022 Agency Contact: Kevin Sabo (916) 210–7639 Department of Food and Agriculture File # 2022–0114–02 Clean–up of Title 4, Divisions 8 and 9 Regulations This action by the Department of Food and Agriculture makes changes without regulatory ef - fect to regulations in the Division of Measurement Standards, including removal of references to repealed Business and Professions Code

section 13302. Title 04 Amend: 4800, 4802 Filed 03/01/2022 Agency Contact: Samuel Ferris (916) 229–3000 Board of Accountancy File # 2021–0914–02 Practice Privilege Notification Form In this rulemaking action, the Board amends its regulation to establish requirements for accountants whose principal place of business is in a state subject to an action of the Board as found in Business and Professions Code

Section 5096.21. Title 16 Amend: 19 Filed 02/24/2022 Effective 04/01/2022 Agency Contact: Deanne Pearce (916) 651–1740 Board of Pharmacy File # 2021–0914–03 Reporting Drug Loss In this regular rulemaking action, the Board of Pharmacy amends the requirements for reporting drug losses to specify amounts that require reporting and information that must be included with each report.

Title 16 Amend: 1715.6 Filed 02/24/2022 Effective 04/01/2022 Agency Contact: Lori Martinez (916) 518–3078 Bureau of Automotive Repair File # 2021–1102–03 Disciplinary Guidelines Amendments In this regular rulemaking action, the Bureau of Automotive Repair amends the document Guidelines for Disciplinary Orders and Terms of Probation, in - corporated by reference.

Title 16 Amend: 3395.4 Filed 02/24/2022 Effective 04/01/2022 Agency Contact: Lusine Sarkisyan lusine.sarkisyan@dca.ca.gov Department of Food and Agriculture File # 2022–0110–01 Fertilizing Materials Biotics/Biochar This rulemaking by the Department of Food and Agriculture (Department) amends regulations relat - ing to licensing, label registration, and field inspection for the Department’s Fertilizing Materials Inspection Program.

Title 03 Adopt: 2306 Amend: 2300.1, 2304, 2308, 2322 Repeal: 2306 Filed 02/23/2022 Effective 04/01/2022 Agency Contact: Maria Tenorio Alfred (916) 900–5022 Department of Toxic Substances Control File # 2022–0128–02 Safer Consumer Products: Priority Products List Existing regulations establish a process for evalu - ating Chemicals of Concern in consumer products and safer alternatives.

In this regular rulemaking, the Department of Toxic Substances Control is add - ing treatments containing any perfluoroalkyl or poly- fluoroalkyl substances for use on converted textiles or leathers as a Priority Product on the Priority Products List.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 10-Z 266 Title 22 Adopt: 69511.5 Amend: 69511 Filed 02/28/2022 Effective 04/01/2022 Agency Contact: Rick Brausch (916) 251–6398 Fish and Game Commission File # 2022–0118–02 Experimental Fishing Permit Program (EFP) (Phase II) EFP Program Phase II (this rulemaking) builds in more time for public scoping and participation (see

Section III(f)) of this document) to implement FGC

Section 1022 in its entirety. The regulations will es - tablish a comprehensive regulatory framework for ex- perimental marine fishing activities pursuant to FGC

Section 1022 (i.e., EFP Program), which will include a process for application, Department review, pub - lic comment, Commission action, and Department issuance and administration of EFPs. Once the EFP Program is fully implemented, there will be some overlap between Phase I and Phase II regulations. For purposes of this document, “Box Crab EFPs” are those EFPs that were issued pursuant to

Section 90 and prior to the implementation of the regulations for Phase II. “New” EFPs are those that will be issued in accordance with

Section 91 regulations. Title 14 Adopt: 91 Amend: 90, 120.1, 149, 180, 704 Repeal: 149.3 Filed 03/02/2022 Effective 04/01/2022 Agency Contact: Jennifer Greaves (916) 653–4899 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit www.oal.ca.gov.