California Regulatory Notice Register — Register 2023, No. 27-Z (JULY 7, 2023)

Cal. Reg. Notice Reg. 2023, No. 27

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 27-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JULY 7, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION/DEPARTMENT OF JUSTICE Conflict–of–Interest Code — Notice File Number Z2023–0623–01 ......................................... 857 TITLE 2.

STATE PERSONNEL BOARD Examinations, Appointments, Probationary Periods, and Temporary Assignments or Loans — Notice File Number Z2023–0627–02 ................................................................. 857 TITLE 8. PUBLIC EMPLOYMENT RELATIONS BOARD Transit District Regulations — Notice File Number Z2023–0627–01 ....................................... 860 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Employment Status Notification — Notice File Number Z2023–0627–03 .................................... 873 TITLE 14.

FISH AND GAME COMMISSION Lampara Nets for Pacific Herring — Notice File Number Z2023–0626–05 .................................. 876 TITLE 17.

AIR RESOURCES BOARD Small Containers of Automotive Refrigerant — Notice File Number Z2023–0620–02 .......................... 878 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Mattole Road PM 5.25 Storm Damage Repair Project, 2080–2023–007–01, Humboldt County ............................................................... 884 DEPARTMENT OF FISH AND WILDLIFE Dry Dock Gulch Fish Passage and Habitat Enhancement Project, Tracking Number 1653–2023–115–001–R1, Mendocino County ......................................................... 885 (Continued on next page)

DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Mill Creek Campground Accessibility and Aquatic Habitat Improvement Project, Tracking Number 1653–2023–116–001–R1, Del Norte County .......................... 885 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Boronda Road Congestion Relief Project, 2080–2023–012–04, Monterey County ................................................................................ 886 OFFICE OF THE STATE FIRE MARSHAL Notice of Additional Written Comment Period ......................................................... 886 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Request for Relevant Information on the Carcinogenicity of Vinyl Acetate ................................... 887 SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATION OFFICE OF ADMINISTRATIVE LAW Regarding Department of Tax and Fee Administration’ s Business Tax and Fee Division Audit Manual, Chapters 4 and 13, as amended effective April 1, 2023 ................................................... 888 A V AILABILITY OF PRECEDENTIAL DECISIONS INDEX DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Notice of Availability of Precedential Decisions Index ................................................... 888

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 888 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 27-Z 857 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/ DEPARTMENT OF JUSTICE PROPOSED AMENDMENTS TO THE CONFLICT–OF–INTEREST CODE OF THE FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Office of the Attorney General (the “Office”), pursuant to Govern - ment Code (Gov. Code) sections 82011, 87303, and 87304 of the Political Reform Act (Gov.

Code, § 81000 et seq.) will review proposed amendments to the conflict–of– interest code of the Fair Political Practices Commis - sion (the “Commission”). The purpose of the amend - ments is to implement Government Code sections 87300 through 87302, and 87306. Government Code sections 87300 and 87302 re - quire each government agency to adopt a conflict–of– interest code designating the agency personnel who must file annual Form 700 Statement of Economic In- terests, disclosing certain economic interests.

Desig - nated personnel are those who make or participate in making governmental decisions that may foreseeably have a material financial effect on an economic inter - est. (Gov. Code, § 87302, subdivision (a).) Pursuant to Government Code

section 87306 and California Code of Regulations, title 2,

section 18750, the Commission proposes to amend its conflict–of– interest code due to changes to its organizational structure. The Office is the code reviewing body for the Commission. (Gov. Code, §§ 82011, 87303, and 87304.) Any interested person may submit written state - ments, arguments, or comments related to the pro - posed amendments by submitting them no later than 5:00 p.m. on August 22, 2023, or at the conclusion of the public hearing, if one is requested, whichever comes later, to the agency contact set forth below. The Office has not scheduled a public hearing on the pro - posed amendments.

However, it will hold a hearing if it receives a written request for a hearing from any interested person, or his or her representative, 15 days before the close of the written comment period. The Office has prepared a written explanation (Statement of Reasons) for the proposed amendments and has available information on which the proposed amendments are based. Copies of the proposed amend- ments and the information on which the amendments are based may be obtained by contacting the persons set forth below.

The Office has determined that the proposed amend- ments will not impose a cost or savings on any state agency, or school district that is required to be reim - bursed under

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code; will not result in any nondiscretionary cost or savings to local agen - cies; will not result in any cost or savings in federal funding to the state; will not impose a mandate on lo - cal agencies or school districts; and will not have any potential cost impact on private persons or businesses including small businesses.

The Office has determined that no alternative con - sidered by the Office would be more effective in car - rying out the purpose for which the amendments are proposed or would be as effective and less burden - some to affected private persons than the proposed amendments. All inquiries concerning this proposal should be di - rected to: Marlon Martinez, at 300 South Spring Street, Los Angeles, California 90013, or (213) 269–6437, or Marlon.Martinez@doj.ca.gov.

Requests for copies of the proposed conflict–of–interest code amendments may also be obtained from Maria Almaraz, Fair Polit- ical Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or (916) 322–5660, or http://www.fppc.ca.gov/the–law/fppc–regulations/ proposed–regulations–and–notices.html . TITLE 2. STATE PERSONNEL BOARD Notice is hereby given that the State Personnel Board (Board) proposes to repeal

Section 262 and amend Sections 170, 249.1.1, 249.1.2, 249.2, 249.4, 321, 438, 438.1, 439.2, and 439.4 in order to clarify, stream- line or, correct the deficiencies of, rules related to ex - aminations, appointments, probationary periods, and temporary assignments or loans. (Cal. Code Regs., title 2, §§ 170, 249.1.1, 249.1.2, 249.2, 249.4, 262, 321, 438, 438.1, 439.2, 439.4.) PUBLIC HEARING A public hearing regarding the proposed regulatory action will be held on August 22, 2023, at 10:00 a.m. via WebEx. In order to participate in the public hear - ing, please see the following options: ● Via Video (Online)

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 27-Z 858 You may click, or copy and paste into your web browser, the following link: https://spb–meetings. webex.com/spb–meetings/j.php?MTID=m1624d 72e54853119d883b6f69836b3d2 Then enter the following information to gain ac - cess to the hearing: Meeting Number: 2551 561 2136 Meeting password: B6kmEPiTS83 ● Via Telephone You may also participate by dialing the phone number first and then the participant code listed below: Phone Number: +1 408–418–9388 Participant Code: 25515612136## The telephonic conference to be used for the public hearing is accessible to persons with mobility impair - ment.

Persons with sight or hearing impairments are requested to notify the contact person for these hear - ings (listed below) in order to make specific arrange - ments, if necessary. WRITTEN COMMENT PERIOD Any interested party, or their duly authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to the contact person listed below. Michelle La Grandeur, Chief Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Email: michelle.lagrandeur@spb.ca.gov The written comment period closes on August 22, 2023.

Only written comments received by that time shall be reviewed and considered by the Board before it adopts, amends, or repeals a regulation. AUTHORITY AND REFERENCE The Board proposes to repeal

section 262 and amend sections 170, 249.1.1, 249.1.2, 249.2, 249.4, 321, 438, 438.1, 439.2, and 439.4 of Title 2,

Chapter 1 of the Cal- ifornia Code of Regulations pursuant to the authority vested in it by the California Constitution (Cal. Const.),

article 7,

section 3, and Government Code sections 18502, 18660, 18701, 19050, and 19050.8. The pro - posed regulation will implement, interpret, and make specific the provisions of the California Constitution,

article 7,

section 3, and Government Code (Gov. Code) sections 18500, 18930, 18933, 19050, 19050.8, 19170, 19173, and 19401. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is a constitutional body responsible for enforcing California’s civil service statutes. (Cal. Const.,

article VII, §§ 1, subdivision (b), and 3; Gov. Code, § 18660.) In addition, the Board, by majority vote of all its members, prescribes probationary peri - ods and classifications, adopts other rules authorized by statute, and reviews disciplinary actions imposed against state employees. (Ibid.) Regulations adopted by the Board are exempt from the Administrative Procedure Act, except as expressly specified. (Gov. Code, §§ 18211, 18215, & 18216.)

Section 170 is amended to require the posting of ex- amination announcements for a minimum period of ten calendar days.

Section 249.1.1 is amended to require that job ad - vertisements include the following: each classification being considered to fill a vacancy, the types of eligibil- ity being considered to fill a vacancy, duty statements that most accurately reflect the duties to be fulfilled for each position being considered and, if the position is advertised as limited term, the expected duration of the appointment. Additionally, the

section is amended to allow appointing authorities to advertise multiple vacant positions within different units on the same job advertisement as long as the positions are of the same classification.

Section 249.1.2 is amended to clarify that appoint - ing powers shall not disqualify or reject applicants from the hiring process for non–job–related reasons, such as failing to complete non–job–related docu - ments (e.g., department surveys, application package checklists).

Section 249.2 is amended to clarify that in addition to posting job vacancies on CalCareers, appointing powers may post job announcements on social media platforms, as well as career recruitment websites, ca - reer fairs, or other electronic means.

Section 249.4 is amended to clarify that verifying minimum qualifications shall be required if the clas - sification requires an incumbent to possess valid li - censure, certification, or similar credential, regardless of whether they are reemployment candidates or have mandatory reinstatement rights. The

section is also amended to allow appointing powers to reverse with - holds from employments lists as long as the reason(

s) for the reversal are documented, candidates are noti - fied of the reversal in writing and, if applicable, the candidates’ eligibility are restored.

Section 262 is repealed to remove the requirement that an eligible candidate’s record shall be removed from the eligibility list when the candidate waives three appointments in any given class.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 27-Z 859

Section 321 is amended to require appointing pow - ers to notify probationers of the date their extended probationary period will end if it is being extended pursuant to subdivision (a). This

section is also amend- ed to clarify that “absences of five or more working days” that fall outside of absences already identified in Rule 321, subdivision (b), shall not be considered working time. Further amendments make clear that probationers shall be notified in writing of the reasons for the extension and shall also be notified of the date the extended probationary period will end if it is being extended pursuant to subdivision (d). Lastly,

section 321 is amended to clarify that when the Executive Of- ficer is reviewing a request for extension and the pro - bationary period will end during the review, the pro - bationary period will be automatically extended until the Executive Officer’s decision is issued.

Section 438 is amended to provide to an employ - ee serving in a temporary assignment or loan, except when serving in a compelling management need as - signment, the option to request in writing that their temporary loan or assignment be terminated prior to the anticipated end of the temporary assignment or loan and that the request shall be granted within a rea- sonable time period, not to exceed 10 working days, upon receipt.

Section 438.1 is amended to clarify that employees have no right of appeal to the Board or Executive Offi- cer concerning temporary assignments or loans.

Section 439.2 is amended to ensure consistency in the terms used to determine the appropriate classifi - cations that may be used for training and development assignments. The term “From class” will be updated to the term “current class,” mirroring language in the subdivision (a)(1) of the

section and already defined in

section

Section 439.4 is amended to require appointing pow- ers to provide a written statement to employees certi - fying training and development experience within 30 calendar days of the completion and/or termination of their training and development assignment. Sec - tion 439.4 is also amended to clarify that employees may file an appeal with the Board from the appointing authority’s denial of a request for use of training and development experience for meeting minimum quali - fications in an examination pursuant to Rule 52.4.

In reviewing other state regulations, the Board found that the instant regulatory proposal is consistent and compatible with existing state regulations. FISCAL IMPACT ON PUBLIC AGENCIES ● Mandate on local agencies and school districts: None. ● Cost to any local agency or school district that must be reimbursed in accordance with Govern - ment Code sections 17500 through 17630: None. ● Cost or savings to any State agency: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the State: None. SIGNIFICANT EFFECT ON HOUSING COSTS None.

ECONOMIC IMPACT ON BUSINESS ● Significant, statewide adverse economic impact directly affecting businesses including the abili - ty of California businesses to compete with busi - nesses in other states: None. ● Effect on small business: None. The proposed regulations only set standards related to state civ- il service examinations, appointments, probation- ary periods and temporary assignments. Accord - ingly, it has been determined that the adoption of the proposed regulations would not affect small businesses in any way.

COST IMPACT ON A REPRESENTATIVE PRIVATE PERSON OR BUSINESS The agency is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action since the regulatory change only impacts the Board’s examinations procedures. RESULTS OF ECONOMIC IMPACT ASSESSMENT Adoption of these regulations will not: 1. Create or eliminate jobs within California. 2. Create new businesses or eliminate existing busi- nesses within California. 3. Affect the expansion of businesses currently do - ing business within California. 4.

Affect worker safety or the state’s environment. The adoption of these regulations, however, will have a positive impact on the general health and wel - fare of California residents in that the benefits of this regulatory action create a fair, equitable, and consis - tent process for the civil service selection process.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 27-Z 860 CONSIDERATION OF ALTERNATIVES The Board must determine that no reasonable alter - natives it has considered or that have been otherwise identified and brought to the attention of the Board would be more effective in carrying out the purposes for which the instant action is proposed, or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

CONTACT PERSONS Inquiries concerning the proposed regulatory ac - tion, including questions regarding procedure, com - ments, or the substance of the proposal, may be di - rected to: Michelle La Grandeur, Chief Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Phone: (916) 651–0924 Email: michelle.lagrandeur@spb.ca.gov The backup contact person for these inquiries is: Carlos Gomez, Analyst Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Phone: (916) 651–8350 Email: carlos.gomez@spb.ca.gov Please direct requests for copies of the proposed text of the regulations, the initial statement of reasons, or other information upon which the rulemaking is based to Compliance Review Division Chief, Michelle La Grandeur, at the above address.

AVAILABILITY OF RULEMAKING FILE The Board is maintaining a rulemaking file for the proposed regulatory action, which as of the date of this notice contains the following: 1. A copy of the text of the regulations for which the adoption is proposed in strikeout and underline; 2. A copy of this notice and initial statement of rea- sons for the proposed adoption; and 3. Any factual information upon which the pro - posed rulemaking is based. If written comments, data or other factual infor - mation, studies or reports are received, they will be added to the rulemaking file.

The file is available for public inspection during normal working hours at the State Personnel Board, 801 Capitol Mall, Sacramen - to, CA 95814. Items 1 through 3 are also available on the Board’s website at www.spb.ca.gov under “What’s New?” Copies may be obtained by contacting the per- son via the address, email, or phone number listed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Board may adopt the proposed regula - tions substantially as described in this notice.

If the Board makes modifications that are sufficiently related to the originally proposed text, it will make the mod - ified text (with the changes clearly indicated) avail - able to the public for at least 15 days before the Board adopts the regulations as revised. Please send requests for copies of any modified regulations to the atten - tion of the person at the address indicated above. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available to the public.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS It is anticipated that the proposed regulations will be filed with the Office of Administrative Law and shall include a Final Statement of Reasons. Copies of the Final Statement of Reasons may be obtained from the contact person when it becomes available. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed on the Board’s website at www.spb.ca.gov under “What’s New?” TITLE 8.

PUBLIC EMPLOYMENT RELATIONS BOARD The Public Employment Relations Board (PERB or Board) proposes to adopt and amend the regulations described below after considering all comments, ob - jections, and recommendations regarding the pro - posed action. PROPOSED REGULATORY ACTION The Board proposes to adopt proposed new sections 32019, 32019.5, 32019.6, 32095, 32613, 32613.5, 32614, 32614.1, 32614.2, 32614.3, 70050, 71015, 71091, 71690,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 27-Z 861 71695, 71698, 72000, 72001, 72005, 72010, 72020, 72025, 72030, 72035, 72040, 72045, 72050, 72055, 72060, 72065, 72070, 72075, 72080, 72085, 72090, 72095, 72100, 72105, 72110, 72115, 72120, 72125, 72130, 72135, 72140, 72145, 72150, 72155, 72160, 72165, 72170, 72175, 72180, 72185, 72190, 72195, 72200, 72205, 72210, 72215, 72220, and 72225, and amend sections 31001, 32018, 32020, 32030, 32040, 32050, 32055, 32060, 32075, 32080, 32090, 32091, 32092, 32093, 32094, 32100, 32105, 32110, 32111, 32115, 32120, 32125, 32130, 32132, 32135, 32136, 32140, 32143, 32145, 32147, 32149, 32150, 32155, 32162, 32164, 32165, 32166, 32168, 32169, 32170, 32175, 32176, 32178, 32180, 32185, 32190, 32200, 32205, 32206, 32207, 32209, 32210, 32212, 32215, 32220, 32230, 32295, 32300, 32305, 32310, 32312, 32315, 32320, 32325, 32350, 32360, 32370, 32375, 32380, 32400, 32410, 32450, 32455, 32460, 32465, 32470, 32500, 32602, 32612, 32615, 32620, 32621, 32625, 32630, 32635, 32640, 32644, 32645, 32647, 32648, 32649, 32650, 32661, 32680, 32690, 32720, 32980, 71010, 71026, 71027, 71030, 71035, 71040, 71050, 71055, 71060, 71070, 71080, 71090, 71095, 71100, 71110, 71115, 71120, 71130, 71140, 71210, 71230, 71235, 71300, 71310, 71320, 71680, 71685, 93000, 93005, 93010, 93015, 93020, 93025, 93030, 93035, 93040, 93045, 93050, 93055, 93060, 93065, 93070, 93075, and 93080.

PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board 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 before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to the Board. Com - ments may also be submitted by facsimile (FAX) at (916) 327–6377 or by e–mail to kimberly.procida@ perb.ca.gov.

The written comment period closes at 5:00 p.m. on Wednesday August 23, 2023 , which is 47 days after the publication of this notice. The Board will only consider comments received at the Board of- fices by that time. Submit written comments to: Kimberly J. Procida, Regional Attorney Public Employment Relations Board 1031 18th Street Sacramento, CA 95811 AUTHORITY AND REFERENCE A.

Authority The Board has the authority to resolve matters of employee representation and adopt rules and regu - lations to carry out the provisions and effectuate the purposes and policies of the labor relations acts under its jurisdiction pursuant to the following statutory au - thority: Government Code sections 3509(a), 3513(h), 3524.52(a), 3541.3, 3541.3(g), 3551(a), 3555.5(c), 3563(f), 3603, 71639.1(b), and 71825(b); Public Utili- ties Code sections 25052, 28849(b), 40122.1(a), 50121, 70122, 90300(f), 95651, 98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521, Appendix 1

section 4.4, and Appendix 2

section 13.91; and Education Code sections 8431(e), 8432(m), and 8439.5(a). B.

Reference The proposed amended regulations below reference the following: Government Code sections 3501(f), 3502.5, 3505.4, 3505.8, 3506.5, 3507, 3507.1, 3507.3, 3507.5, 3508, 3509, 3509.3, 3509.5, 3513, 3513(h), 3514.5, 3514.5(a), 3514.5(c), 3515.7, 3519, 3519.5, 3520, 3520.5(b), 3520.8, 3523, 3524, 3540.1(a), 3541, 3541(f), 3541(g), 3541.3, 3541.3(a), 3541.3(b), 3541.3(c), 3541.3(f), 3541.3(g), 3541.3(h), 3541.3(i), 3541.3(j), 3541.3(k), 3541.3(l), 3541.3(m), 3541.3(n), 3541.5, 3541.5(a), 3541.5(c), 3541.35, 3542, 3543.5, 3543.6, 3544.1(a), 3544.3, 3544.7(a), 3544.7(b), 3546, 3546.5, 3547, 3547.5, 3550 et seq., 3551(a), 3555 et seq., 3555.5(c), 3557, 3562(b), 3563, 3563(a), 3563(b), 3563(c), 3563(e), 3563(f), 3563(g), 3563(h), 3563(i), 3563(j), 3563(k), 3563(l), 3563(m), 3563.2, 3563.3, 3563.5, 3564, 3571, 3571.1, 3571.3, 3574(a), 3577, 3577(b), 3579(e), and 3583.5, 3584, 3587, 3558.8, 3589, 3595, 3600, 3601, 3602, 3603, 3611 et seq., 3611, 11425.60, 71632.5, 71636, 71636.1, 71636.3, 71637, 71637.1, 71639.1, 71639.1(a), 71639.15, 71639.4, 71807, 71814, 71823, 71825, 71825(a), 71825.05, and 71825.1; Public Utilities Code sections 24501 et seq., 25051, 25052, 28500 et seq., 28848 et seq., 28849(a), 28849(b), 28850, 28851, 28856, 28857, 28858, 28859, 28860(b), 30000 et seq., 30750, 30751, 30754, 30756, 37051, 40000 et seq., 40120, 40122, 40122.1, 40122.1(a), 50000 et seq., 50120, 50121, 70000 et seq., 70120, 70122, 90000 et seq., 90300, 95650, 95651, 98000 et seq., 98162.5, 99560 et seq., 99560.1(b), 99561, 99561(a), 99561(c), 99561(e), 99561(f ), 99561(g), 99561(h), 99561(i), 99561( j), 99561(k), 99561( l), 99561(m), 99561.2, 99561.3, 99561.4, 99562, 99563, 99563.2, 99563.4, 99563.7, 99563.8, 99564, 99564.1, 99564.1(c), 99564.2, 99564.3, 99564.4, 99564.4(b), 99564.4(b)(1), 99566.1, 99566.1(f), 99566.3, 99567, 99569, 100000 et seq., 100301, 100305, 101000 et seq., 101341, 101342, 101344, 102000 et seq., 102399, 102399(b),

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 27-Z 862 102400, 102401, 102403, 102404, 102405, 102406, 102407, 102408(b)(2), 102414, 103000 et seq., 103401, 103404, 103405, 103406, 105000 et seq., 120000 et seq., 120502, 120503, 120505, 125000 et seq., 125521, 125524, 125525, 125526, Appendix 1, Sections 1.1 et seq., 4.2 and 4.4, and Appendix 2, Sections 1.1 et seq., 13.90, 13.91, and 13.96; California Rule of Court 2.257; Business and Professions Code

section 19604; Food and Agricultural Code

section 57031; Labor Code

section 2686; Code of Civil Procedure sections 12, 12(

a) and 1013; Education Code

section 8439.5(b)(1)(B); Firefighters Union, Local 1186 v. City of Vallejo (1974) 12 Cal.3d 608; Coachella Valley Mosquito and Vector Control District v. Public Employment Rela - tions Board (2005) 35 Cal.4th 1072; and Labor Management Relations Act, 1947,

Section 9, 29 USC

Section 159; 29 CFR Sections 102.60–102.72. POLICY STATEMENT OVERVIEW PERB is a quasi–judicial agency which oversees public sector collective bargaining in California. PERB presently administers eleven collective bar - gaining statutes, ensures their consistent implementa - tion and application, and adjudicates disputes between the parties subject to them.

The statutes administered by PERB are: the Meyers–Milias–Brown Act (MMBA) of 1968, which established collective bargaining for California’s city, county, and local special district employers and em - ployees; the Educational Employment Relations Act (EERA) of 1976 establishing collective bargaining in California’s public schools (K–12) and communi - ty colleges; the State Employer–Employee Relations Act of 1978, known as the Ralph C.

Dills Act (Dills Act), establishing collective bargaining for state gov - ernment employees; the Higher Education Employer– Employee Relations Act (HEERA) of 1979 extending the same coverage to the California State Universi - ty System, the University of California System and Hastings College of Law; the Los Angeles Coun - ty Metropolitan Transportation Authority Transit Employer–Employee Relations Act (TEERA) of 2003, which covers supervisory employees of the Los An - geles County Metropolitan Transportation Authori - ty; the Trial Court Employment Protection and Gov - ernance Act (Trial Court Act) of 2000 and the Trial Court Interpreter Employment and Labor Relations Act (Court Interpreter Act) of 2002, which together provide for collective bargaining rights for most trial court employees; the Public Employee Communica - tion

Chapter (PECC) of 2017, which conferred PERB jurisdiction over violations of the PECC; the Prohibi - tion on Public Employers Deterring or Discouraging Union Membership (PEDD) of 2018, which conferred PERB jurisdiction over violations of the PEDD; and the Building a Better Early Care and Education Sys - tem Act of 2019, which established collective bargain- ing for family childcare providers. As a result of the enactment of Assembly Bill 355 (Stats. 2019,

Chapter 713), effective January 1, 2020, PERB acquired responsibility for the administration and enforcement of labor relations in the Orange County Transit District Act (OCTDA), which are cod- ified at Division 10,

Part 4,

Chapter 4 of the Public Utilities Code, sections 40122.1 and 40122.2, cover - ing employees of the Orange County Transit District. As a result of the enactment of Assembly Bill 2850 (Stats. 2020,

Chapter 293), effective January 1, 2021, PERB acquired responsibility for the administration and enforcement of labor provisions in the San Fran - cisco Bay Area Rapid Transit (SFBART) Act, which is codified at Division 10,

Part 2,

Chapter 4 of the Public Utilities Code,

section 28848 et seq., covering employ- ees of the San Francisco Bay Area Rapid Transit Dis - trict. As a result of the enactment of Senate Bill 598 (Stats. 2021,

Chapter 492), effective January 1, 2022, PERB acquired responsibility for the administration and enforcement of the labor provisions of the Sac - ramento Regional Transit District (Sacramento RTD) Act if elected to do so by a bargaining unit’s represen- tative, which is codified at Division 10,

Part 14, Chap- ter 6 of the Public Utilities Code, which is codified at

section 102398 et seq. These new statutory enactments require amendments to PERB’s existing regulations and the adoption of new regulations in order to fully implement PERB’s jurisdiction. As explained in more detail in the Informative Digest, the regulatory chang- es proposed by this notice address PERB’s need to im- plement a process for resolving disputes arising under the OCTDA, SFBART Act, and Sacramento RTD Act, including the filing and processing of unfair practice charges. These practices and procedures will benefit PERB’s constituents who seek to file unfair practice charges with PERB.

The regulatory changes proposed by this notice also address PERB’s need to implement rules and proce - dures regarding representation matters, including in the area of representation petitions, elections, decer - tification, and unit determinations. The regulatory changes proposed provide a long–overdue update to existing regulations regarding representation matters for transit districts. The existing regulations have not been materially revised since 1983 and in many cases do not track PERB administrative practice and proce - dure.

A decade after PERB gained jurisdiction over transit representation matters, and four decades after the majority of the regulations’ initial promulgation, the proposed revisions represent a complete rewrite and reordering of existing regulations for the purpose

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 27-Z 863 of clarifying transit representation practice and proce- dure and guiding the State Mediation and Conciliation Service (SMCS), PERB itself, and PERB’s constitu - ents and practitioners in its application. These updated practices and procedures will benefit PERB’s constit - uents who bring representation matters before PERB and SMCS by providing consistency and clarity. When an agency consolidates and adds regulations, those changes often affect other regulations that in - corporated by reference the consolidated or new reg - ulations.

Therefore, PERB must also update the non– affected regulations to delete regulations that no lon - ger apply or add new regulations that replace the de - leted regulations. INFORMATIVE DIGEST A. Adoption of New Sections Proposed

section 32019 adopts a definition of “OCTDA,” to mean the Orange County Transit Dis - trict Act and defines terms applicable for cases filed under the Orange County Transit District Act. Proposed

section 32019.5 adopts a definition of “SFBART Act,” to mean the San Francisco Bay Area Rapid Transit District Act and defines terms applica - ble for cases filed under the San Francisco Bay Area Rapid Transit District Act. Proposed

section 32019.6 adopts a definition of “Sacramento RTD Act,” to mean the Sacramento Re - gional Transit District Act and defines terms appli - cable for cases filed under the Sacramento Regional Transit District Act. The proposed

section also ex - plains the process for an exclusive representative to elect to move one of more of its bargaining units to PERB’s jurisdiction for unfair practice charges. Proposed

section 32095 adopts a definition of the term “bargain.” Proposed

section 32613 describes employer unfair practices under the OCTDA. Proposed

section 32613.5 describes employee or - ganization unfair practices under the OCTDA. Proposed

section 32614 describes employer unfair practices under the SFBART Act. Proposed

section 32614.1 describes employee or - ganization unfair practices under the SFBART Act. Proposed

section 32614.2 describes employer un - fair practices under the Sacramento RTD Act. Proposed

section 32614.3 describes employee or - ganization unfair practices under the Sacramento RTD Act. Proposed

section 70050 differentiates that Sub -

chapter 2 of

Chapter 6 pertains to TEERA, while Sub-

chapter 3 pertains to all other transit labor relations acts under the PUC. Proposed

section 71015 requires parties, except for unrepresented individual natural persons, to file all documents using e–PERB. Proposed

section 71091 states that Board inv esti - gations will be conducted in accordance with Chap - ter 6,

Article 4 of PERB’s regulations, which governs Board investigations in TEERA representation cases. Proposed

section 71690 states that requests for amendment of certification under TEERA are gov - erned under

Chapter 1, Subchapter 6,

Article 3 of PERB’s regulations, which governs PERB’s general procedures for requests for amendment of certification. Proposed

section 71695 states that petitions for decertification under TEERA are governed by Chap - ter 1, Subchapter 6,

Article 4 of PERB’s regulations, which governs PERB’s general procedures for decer - tification petitions. Proposed

section 71698 states that unit modifica - tion petitions under TEERA are governed by Chap - ter 1, Subchapter 6,

Article 6 of PERB’s regulations, which governs PERB’s general procedures for unit modification petitions. Proposed

section 72000 introduces the transit la - bor relations acts under PERB’s jurisdiction other than TEERA and defines terms under those acts. This pro - posed

section provides clarity to the parties regarding the meanings of terms as used in Subchapter 3. Proposed

section 72001 applies

Chapter 1, Sub -

chapter 2 of PERB’s regulations to representation proceedings involving transit labor relations acts un - der the PUC and further outlines filing and service requirements. Proposed

section 72005 provides the procedure for employee organizations to petition to be certified as the exclusive representative of an appropriate unit of employees under PUC transit district acts other than TEERA. This proposed

section provides clarity to em- ployee organizations and the PUC transit district em - ployers of the procedure for employee organizations to petition to be certified as the exclusive representative of an appropriate unit of employees. Proposed

section 72010 describes the process for the Board’s determination of proof of support for pe - titions for certification filed pursuant to PUC transit labor relations acts other than TEERA. Proposed

section 72020 concerns amendments to a petition for certification filed under PUC transit la - bor relations acts, which allows a petitioning party to correct mistakes in a petition for certification that are generally non–substantive in nature. Proposed

section 72025 requires employers to file a response to certification petitions filed pursuant to PUC transit labor relations acts other than TEERA. Proposed

section 72030 concerns representation petitions filed by PUC transit employers.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 27-Z 864 Proposed

section 72035 describes the process for an employee, group of employees, or employee orga - nization to file a petition to decertify an existing ex - clusive representative of employees pursuant to the PUC transit labor relations acts other than TEERA. Proposed

section 72040 describes the process for the Board’s determination of proof of support of a de- certification petition filed pursuant to the PUC transit labor relations acts other than TEERA. Proposed

section 72045 concerns the filing of unit clarification petitions by exclusive representatives or PUC transit employers. Proposed

section 72050 describes the require - ments for filing a response to a petition for unit clar - ification filed solely by an exclusive representative or an employer. Proposed

section 72055 provides the process for SMCS’s determination of proof of support of a unit clarification petition when required. Proposed

section 72060 requires SMCS to issue a new unit certification, if appropriate, upon approval of a unit clarification petition. Proposed

section 72065 allows an exclusive repre- sentative or a PUC transit employer to file a petition for amendment of certification of an existing bargaining unit where the exclusive representative has undergone a change, or the employer’s name or jurisdiction has changed, pursuant to the PUC transit labor relations acts other than TEERA. Proposed

section 72070 a l l o w s a p a r t y o r i n t e r- ested party to respond to a petition for amendment of certification. Proposed

section 72075 requires SMCS to issue a certification reflecting the new identity of the exclu - sive representative or employer upon approval of the petition for amendment of certification. Proposed

section 72080 requires SMCS to investi- gate and, where appropriate, conduct a hearing and/or election regarding petitions for certification, decertifi- cation, unit clarification, or certification amendment, and determines when SMCS shall dismiss the peti - tions or approve withdrawal of the petitions. Proposed

section 72085 allows SMCS to deter - mine the appropriate procedures for resolving a rep - resentation petition. Proposed

section 72090 allows SMCS to hold a pre–hearing for the purposes of clarifying the issues and exploring settlement. Proposed

section 72095 regards SMCS’s notice of hearing in representation cases. Proposed

section 72100 requires that hearings be conducted by the Director of SMCS or their designee and be conducted pursuant to the procedures in Chap- ter 1, Subchapter 3 of PERB’s regulations, which gov- erns PERB’s general procedures regarding hearings. Proposed

section 72105 allows an employee orga - nization to intervene and participate fully in a repre - sentation hearing. Proposed

section 72110 allows a petitioner to with- draw any representation petition or the parties to settle some or all of the disputes in a petition. Proposed

section 72115 states that subpoenas may be issued pursuant to procedures set forth in PERB Regulations 32149 and 32150, which govern PERB’s general procedures regarding subpoenas. Proposed

section 72120 outlines the duties of a hearing officer following a representation hearing. Proposed

section 72125 allows any party to file exceptions to a proposed decision in a representation matter. Proposed

section 72130 allows a PUC transit em - ployer to voluntarily recognize an employee organiza- tion as the representative of an appropriate unit with - out an election. Proposed

section 72135 concerns Consent Election Agreements between the parties regarding the con - duct of a representation election. Proposed

section 72140 requires that representa - tion elections be conducted by secret ballot, and pro - vides the requirements for such ballots. Proposed

section 72145 mandates that when SMCS determines a representation election is necessary, SMCS will serve on the parties a Directed Election Order or approve a Consent Election Agreement, and the employer must post notice of the election on em - ployee bulletin boards. Proposed

section 72150 concerns the list of eligible voters in an election. Proposed

section 72155 describes which employ - ees will be eligible to vote in a representation election. Proposed

section 72160 allows each party to an on–site representation election to station authorized observers at polling places. Proposed

section 72165 allows parties to challenge the eligibility of voters in a representation election. Proposed

section 72170 provides the process for tallying the ballots in a representation election. Proposed

section 72175 states that if the number of challenged ballots would affect the outcome of a rep - resentation election, SMCS shall investigate and take appropriate action to determine the eligibility of chal - lenged voters. Proposed

section 72180 requires that SMCS direct a runoff election if none of the ballot choices receive a majority of valid votes in a valid representation election. Proposed

section 72185 describes the process for objecting to the conduct of a representation election. Proposed

section 72190 gives SMCS the power to take various actions in resolving objections and chal - lenges in a representation election.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 27-Z 865 Proposed

section 72195 states that when holding hearings to resolve objections and challenges to rep - resentation elections, SMCS will follow the hearing procedures in

Chapter 1, Subchapter 3 of PERB’s regulations, which governs PERB’s general hearing procedures. Proposed

section 72200 allows an aggrieved party to appeal or except to rulings on objections or chal - lenges to a representation hearing. Proposed

section 72205 requires that, if ballots must be voided or opened and counted, SMCS shall serve a revised tally of ballots on each party, and each party may have an authorized agent to verify the tally. Proposed

section 72210 concerns objections to the revised tally of ballots in a representation election. Proposed

section 72215 states that SMCS shall cer- tify an exclusive representative if warranted. Proposed

section 72220 describes the criteria SMCS shall consider when determining whether a bargaining unit of PUC transit district employees is appropriate. Proposed

section 72225 states that relevant federal law and administrative practice may be applied in re - solving questions of representation. B. Amendment to the Text of Existing Sections

Section 32018 defines terms applicable for cas - es filed under the Los Angeles County Metropol - itan Transportation Authority Transit Employer– Employee Relations Act (TEERA). The amendment removes subdivision (d), which defines “requester,” “intervenor,” “petitioner,” and “election intervenor,” because those

definitions are now included in

section

Section 32100 provides for when regulations con - tained in

Chapter 1 apply to PERB proceedings con - ducted under statutes within PERB’s jurisdiction. The proposed amendment to subdivision (

c) adds a refer - ence to Subchapter 2 of

Chapter 6. The proposed ad - dition of subdivision (

h) adds that that the applicable regulations will also apply to filings with SMCS as set forth in proposed

section 72001. And the proposed addition of subdivision (

i) adds that

Chapter 6, Sub -

chapter 3, will govern representation proceedings un - der the OCTDA, SFBART Act, and Sacramento RTD Act, while all other rules and regulations except for

Chapter 1, Subchapter 6, shall apply to proceedings conducted under the OCTDA, SFBART Act, and Sac- ramento RTD Act (for opt in units). The amendment also removes the reference to Public Utilities Code

section 100306 and adds authority and reference cita - tions to the PUC transit district acts.

Section 32110 sets forth the requirements that gov - ern the way parties electronically file documents with PERB through e–PERB, as that term is defined by sec- tion 32090. The proposed change edits the references to “ePERB” in subdivision (

a) to “e–PERB.” The pro- posed changes also update the authority and reference citations to include the PUC transit district acts.

Section 32111 authorizes the Board to direct parties to use electronic means to post and thereby notify re - mote workers that a representation petition has been filed. The proposed changes update the reference to

Chapter 10 in subdivision (

a) to

Chapter 8. The pro - posed changes also update the authority and reference citations to include the PUC transit district acts.

Section 32115 specifies the locations for filing doc- uments with PERB in representation matters that are not filed electronically. The proposed amendment changes subdivision (

f) to state that documents filed with SMCS in PUC transit representation matters should be filed with PERB’s Sacramento Regional Office. The proposed amendment takes the language previously in subdivision (

f) and moves it to proposed subdivision (g), and removes the language limiting the subdivision to just PUC transit representation docu - ments. The proposed amendment also includes a ref - erence to subdivision (

f) in subdivision (a). The pro - posed changes also update the authority and reference to include the PUC transit district acts.

Section 32120 provides for the filing of written agreements or memorandums of understanding with the Board. The proposed amendment to

Section 32120 extends its application to agreements entered into un - der the OCTDA, SFBART Act, and Sacramento RTD Act.

Section 32140 concerns service requirements. The amendment adds proposed subdivision (d)(3)(I), which states that when a document is served, the proper re - cipient shall be, in the case of a PUC transit district employer as defined in the OCTDA, SFBART Act, and Sacramento RTD Act, any person authorized to act on behalf of the employer. The proposed changes also update the authority and reference to include the PUC transit district acts.

Section 32500 describes the procedure for request - ing and responding to a request that the Board seek judicial review of a decision made in a representation case. The amendment adds that decisions in repre - sentation cases under transit district acts other than TEERA are excluded from the right to request that the Board seek judicial review. The proposed changes also update the authority and reference to include the tran - sit district acts other than TEERA.

Section 32602 provides for the processing of unfair practice charges. Subdivision (

a) provides that alleged violations of statutes within PERB’s jurisdiction will be processed as unfair practice charges. The proposed amendment to subdivision (

a) provides that alleged vi- olations of the OCTDA, SFBART Act, and Sacramen- to RTD Act, and violations of local rules adopted pur- suant to the OCTDA, will also be processed as unfair practice charges. The proposed changes also update

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 27-Z 866 the authority and reference to include the OCTDA, SFBART Act, and Sacramento RTD Act. The pro - posed amendment also removes subdivision (e), and the reference to subdivision (

e) in subdivision (b).

Section 32615 concerns the information required to be included in an unfair practice charge. The proposed amendment to subdivision (

b) adds that a charge filed under the OCTDA alleging a violation of local rules must contain a copy of the applicable rules.

Section 32620 concerns the processing of unfair practice charges. Subdivision (b)(5), in part, prohibits the issuance of a complaint where the conduct alleged to violate the applicable Act is based upon conduct occurring more than six months prior to the filing of the charge. The proposed amendment to subdivision (b)(5) adds references to Public Utilities Code sections 28860(b), 40122.1, and 102408(b)(2), which provides the Board the authority to make the initial determina - tion as to whether an unfair practice charge is justified under the SFBART Act, OCTDA, and Sacramento RTD Act, respectively.

Subdivision (b)(6) allows a Board agent to place an unfair practice charge in abeyance if the dispute aris - es under the MMBA, HEERA, TEERA, Trial Court Act, or Court Interpreter Act and is subject to deferral to final and binding arbitration, and allows the Board agent to dismiss the charge at the conclusion of the ar- bitration process unless the resolution is repugnant to the purposes of those Acts. The proposed amendment to subdivision (b)(6) adds references to the OCTDA, SFBART Act and Sacramento RTD Act.

Section 32661 concerns the filing of repugnancy claims for unfair practice charge cases that were de - ferred to arbitration because the dispute was covered by the parties’ written agreement. Subdivision (

a) provides that an unfair practice charge may be filed based on a claim that a settlement or arbitration award resulting from a deferred unfair practice charge is re - pugnant to the applicable Act. The proposed amend - ment to subdivision (

a) adds references to Government Code

section 3505.8 of the MMBA and Education Code

section 8439.5(b)(1)(

B) of the Building a Better Early Care and Education System Act, all of which specifically allow repugnancy claims before PERB. The amendment also adds references to the OCTDA, SFBART Act, and Sacramento RTD Act. With the ad- dition of Government Code

section 3505.8, the amend- ment also removes a now redundant reference to cases concerning conduct subject to final and binding arbi - tration pursuant to a collective bargaining agreement for parties governed by the MMBA.

Section 32720 concerns when an election will be conducted in representation matters under EERA, the Dills Act, HEERA, and TEERA. The proposed amendment adds reference to

Chapter 6, Subchapter 2, of the Board’s regulations. The amendment also changes references to

Chapter 9 of the Board’s regu - lations to

Chapter 6, Subchapter 3, to incorporate the changes made in this regulation package.

Section 71010 defines terms under TEERA. The amendment removes the previous definition for “par - ties,” which was the sole definition in this section, and adds

definitions for “TEERA,” “employer” or “tran - sit district employer,” “employee” or “transit district employee,” “employee organization,” “supervisory employee,” “parties,” “requester,” “intervenor,” “pe - titioner,” “election intervenor,” and “window period.”

Section 71026 defines “window period.” The pro - posed changes would delete the entire

section because “window period” is now defined in

section

Section 71027 requires a transit district employer to release a mailing of employee addresses to an employ- ee organization. The proposed changes would delete the entire

section because Government Code

section 3558, enacted in 2018, requires transit districts to pro- vide employee contact information to the employee organizations, making

section 71027 redundant.

Section 71030 describes the filing requirements for a request for recognition filed with the employer by an employee organization seeking to become an ex - clusive representative under TEERA. Subdivision (

a) requires an employee organization seeking to become the exclusive representative of an appropriate unit of employees to file a request for recognition with the employer. The proposed amendment removes the re - quirement that the request be concurrently filed with the regional PERB office, as well as the requirement that the request be signed and contain various contact and descriptive information. Subdivision (

b) requires proof of majority support of employees in the unit to be filed with the regional PERB office or with a mutual - ly agreed upon third party. The proposed amendment strikes this language and instead allows the parties to agree that PERB or a third party shall determine the outcome of a request for recognition based upon proof of support as defined in

section 32700 of the Board’s regulations, which generally governs proof of support. Subdivision (

c) requires the employee organization to concurrently serve a copy of the request, excluding proof of support, on the parties. The proposed amend- ment strikes this language and instead requires that, if majority support is to be determined, the employee organization file proof of support be filed with the re - gional PERB office or with a mutually agreed upon third party. The amendment adds that determination of proof of majority support, if determined by PERB, shall be in accordance with Board regulations 71110 and 71120, which govern the determination of proof of support and the amendment of petitions for certifi - cation, respectively. Subdivision (

d) provides specific requirements for petitions to represent employees who are already members of an established unit by refer -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 27-Z 867 encing other regulations. The proposed amendment removes this subdivision in its entirety because this information is redundant when the referenced infor - mation contains the relevant information.

Section 71035 provides the requirements for an em- ployer’s posting of notice an employee organization’s request for recognition. Subdivision (

a) requires the employer to post a notice of the request for recogni - tion as soon as possible. The proposed amendment adds that the employer shall prepare as well as post the notice. Subdivision (

d) describes the information that shall be contained in the notice, including the PERB case number. The proposed amendment removes the requirement that the PERB case number be included because

section 71030 no longer requires that the re - quest be filed with PERB, and thus the request may not have a PERB case number. Subdivision (

e) requires that the employer serve a copy of the notice on the PERB regional office and the parties. The proposed amendment changes this requirement so that service on the PERB regional office is no longer necessary, as the original request no longer needs to be filed with PERB.

Section 71040 allows an employee organization to file an intervention challenging another employee or - ganization’s request for recognition. Subdivision (

a) describes the requirements for filing an intervention, including that the intervention must be filed with the regional PERB office and contain contact and descrip- tive information. The proposed amendment removes this language in its entirety and replaces it with a new subdivision (a), which states that an employee orga - nization may file with the employer an intervention within 15 days of the notice of request for recognition, and such filing may trigger a competing employee organization of employer to file a Petition for Board Investigation. Subdivision (

c) requires that a copy of the filing employee organization serve a copy of the intervention on the parties. The proposed amendment removes this language entirely, and replaces it with a new subdivision (c), which states that determination of proof of support shall be in accordance with sections 71110 and 71120, which govern the determination of proof of support and the amendment of petitions for certification, respectively.

Section 71050 provides the process for the Board’s determination of proof of support of a request for rec- ognition or intervention. The proposed change would delete the entire

section because the proof of support determination process is being consolidated into sec - tion

Section 71055 provides the process for the parties agreeing to a third–party determining proof of sup - port. The proposed change would delete the entire sec- tion because this right is now located in

section

Section 71060 allows an employee organization to withdraw its request for recognition or intervention. The proposed change would delete the entire

section because the withdrawal requirements are consolidated in

section

Section 71070 describes the process for amending a request for recognition or intervention. The proposed change would delete the entire

section because, pursu- ant to the proposed changes to

section 71030, requests for recognition and interventions are no longer re - quired to be filed, and therefore amended, with PERB.

Section 71080 requires an employer’s response to the Board’s determination of adequate proof of sup - port for a request for recognition and any interven - tions. The proposed change would delete the entire

section because these requirements are consolidated in

section

Section 71090 allows a party to file a petition for investigation after notice of a request for recognition has been posted, and describes the process for filing such a petition. Subdivision (

a) allows a party to file a petition for Board investigation and describes the requirements for the petition. The proposed amendment changes the deadline for filing a petition from 30 days following an employer’s response to 30 days following the post- ing of notice of request for recognition. The proposed amendment to subdivision (

a) also adds references to Public Utilities Code sections 99564.1 and 99564.2, and

section 71140 of the Board’s regulations. Subdivision (a)(2) allows an employee organization alleging that it has filed an intervention to petition for Board investigation. The amendment adds an “or” and the end of the clause. Proposed subdivision (a)(3) allows an employer to file a petition for Board investigation if it reasonably doubts the employee organization has majority sup - port or reasonably doubts the appropriateness of the requested unit. Proposed subdivision (a)(4) allows an employer to file a petition for Board investigation if an employ - ee organization has filed with it a challenge to the appropriateness of the unit or a competing claim of representation. Subdivision (

c) requires a petition for Board investi- gation be served pursuant to Board regulation 32140, and that the petition be filed with the regional PERB office. The proposed amendment removes the require- ment that the petition be filed with the PERB regional office because all documents are to be filed through e–PERB pursuant to

section 71015. Subdivision (

d) describes the requirements for fil - ing a petition for Board investigation. The proposed change specifies that this subdivision covers the re - quirements for employee organizations, because the requirements for employers are described in proposed

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 27-Z 868 subdivisions (

e) and (f). The proposed amendment also requires that the petition contain relevant e–mail addresses. Proposed subdivision (

e) describes the requirements for an employer’s response to an employee organiza - tion’s petition for Board investigation or for an em - ployer’s own petition for Board investigation if the employer has granted voluntary recognition. Subdivi - sion (e)(1) requires a statement that the employer has voluntarily recognized the organization as the exclu - sive representative. Subdivision (e)(2) requires the em- ployer’s name, address, e–mail address, and telephone number. Subdivision (e)(3) requires the requesting em- ployee organization’s name, address, e–mail address, and telephone number.

Subdivision (e)(4) requires a description of the grouping of employment classes to be included in the unit. Subdivision (e)(5) requires the number of employees in the unit. And subdivision (e)(6) requires the date of recognition. Proposed subdivision (

f) describes the requirements if the employer has not granted voluntary recognition. Subdivision (f)(1) requires the employer to provide the name, address, and telephone number of the employer and the name, address, e–mail address, and telephone number of the employer agent to be contacted. Subdi- vision (f)(2) provides a series of prompts for the em - ployer to answer regarding the reasons for its denial of recognition. These are the same as those found in

section 71080, which is proposed to be removed in its entirety.

Section 71095 states that if no petition for Board investigation is timely filed, the request for recogni - tion and any interventions will be invalid. The pro - posed changes adds that the request and interventions will be invalid if no petition was timely filed and the employer has not granted voluntary recognition. The amendment also removes the citation to

section 71080, because that

section is proposed to be repealed, and adds “of these regulations.”

Section 71100 describes the requirements for an employee organization’s petition for certification un - der TEERA. Subdivision (

a) provides the filing pro - cess of the petition and lists the information that must be included in the petition. The proposed change re - moves the requirement that petition be filed with a PERB regional office, as the Board’s regulations now allow parties to file documents through e–PERB. Re - latedly, the amendment also allows the petition to be electronically signed. Subdivision (a)(1) requires the employee organization’s contact information. Subdi - vision (a)(2) requires the employer’s contact informa- tion.

And subdivision (a)(5) requires the contact infor- mation of any other employee organization interested in representing the unit. The amendment requires the e–mail addresses be provided for all of these contacts.

Section 71110 provides the Board’s process for de - termining proof of support of a petition for certifica - tion. Subdivision (

a) describes the filing process. The proposed change removes the requirement that the employer file a list of employees with a PERB regional office because PERB’s regulations now require parties to file through e–PERB.

Section 71115 allows an employee organization to withdraw its petition for certification. The proposed change would delete the entire

section because the withdrawal requirements for all representation pro - ceedings are consolidated in

section

Section 71120 describes the process for amending a petition for certification. Subdivision (

a) describes the filing requirements. The proposed change removes the requirement that the amendment be filed with a regional office, because proposed

section 71015 now requires electronic filing through e–PERB.

Section 71130 provides the requirements for an em- ployer’s response to a petition for certification. The proposed change to subdivision (

a) removes the re - quirement that the response be filed with the regional PERB office, as proposed

section 71015 now requires electronic filing through e–PERB. Subdivision (c)(1) requires the employer to include in its response the contact information for the agent to be contacted. The amendment requires the employer to provide an e– mail address.

Section 71140 states that the Board shall investigate whenever a petition regarding a representation matter is filed. Subdivision (b)(2) states that a petition shall be dismissed if the employer and another representative of any employees in the unit are currently party to a memorandum of understanding unless the petition is filed during the appropriate window period. The pro - posed changes broaden the language of the

section to refer to a “petition regarding a representation matter” generally instead of just a “request for recognition.” The proposed changes also replace a reference to sec - tion 71025, which is not a current regulation, to the up- dated

section 71010(h), which provides the definition for “window period.”

Section 71210 requires the Board to serve notice of a representation hearing on all interested parties. The proposed change removes a reference to

section 71020, which is not a current PERB regulation.

Section 71230 allows a petitioner to withdraw their representation petition at any time prior to a final Board decision. The proposed change removes the original text. The new text allows a petitioner to with- draw the petition or states that the parties may reach a voluntary agreement regarding some or all disputed issues. The proposed change also clarifies the filing requirements.

Section 71235 requires the Board to serve notice of a decision in a representation matter on all interest -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 27-Z 869 ed parties. The proposed change removes a reference to

section 71020, which is no longer a current PERB regulation.

Section 71300 requires the Board to issue notice of an intent to conduct a representation election on all interested parties. The proposed change removes a ref- erence to

section 71020, which is not a current PERB regulation.

Section 71310 allows an employee organization to file an intervention to appear on an election bal - lot. Subdivision (

a) provides the process for filing. The proposed change removes the requirement that the employee organization file its intervention with a PERB regional office, because PERB regulation 71015 now requires parties to file documents through e–PERB. Subdivision (a)(1) requires the filer to in - clude its agent’s contact information as well as the employer’s agent’s contact in formation. The proposed change requires the filer to provide these agents’ e– mail addresses.

Section 71320 describes the process for the Board’s determination of proof of support to conduct an elec - tion. Subdivision (

a) requires the employer to file a list of employees with the regional PERB office. The pro- posed change removes this requirement because pro - posed

section 71015 now requires all documents to be filed through e–PERB.

Section 71680 describes the process for an employ- ee organization to file a severance petition to become the exclusive representative of a group of already– represented employees. Subdivision (

a) provides the process for filing the petition. The amendment speci - fies that a petition can be filed to become the exclusive representative of a group of employees “(but less than all the employees)” who are already represented in a unit. The amendment also removes the option to file a severance petition by filing a request for recogni - tion. Subdivision (

b) requires that a severance petition be filed during the “window period.” The amendment changes the reference to

section 71026, which is pro - posed to be repealed, to

section 71010(h), which will define the term “window period.”

Section 71685 describes the process for an employ- er and exclusive representative to respond to an em - ployee organization’s severance petition. Subdivision (

b) requires that the response be signed. The proposed amendment allows the response to be electronically signed. Subdivision (b)(1) requires the response to include the respondent’s agent’s contact information. The amendment requires the respondent o also pro - vide an e–mail address.

Section 93000 defines terms under TEERA. The proposed change would remove this

section in its en - tirety and replace it with proposed

section

Section 93005 defines and allows for the filing of petitions for certification, decertification, clarifica - tion of an existing bargaining unit, and amendment of certification. The proposed change would remove this

section in its entirety and replace it with proposed sections 72005, 72035, 72045, and

Section 93010 describes the requirements for pe - titions filed in representation matters. The proposed change would remove this

section in its entirety and replace it with proposed sections 72005, 72030, 72035, 72045, and

Section 93015 requires that in order to demonstrate a question of representation exists, a petitioning labor organization must demonstrate support from at least 30 percent of the employees in the proposed bargain - ing unit. The proposed change would remove this sec- tion in its entirety and replace it with proposed sec - tions 72005, 72035, and

Section 93020 allows a transit district and any in - dividuals or labor organizations to enter into a con - sent election agreement regarding the conduct of an election. The proposed change would remove this sec- tion in its entirety and replace it with proposed

section