Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 15-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW APRIL 15, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. OFFICE OF ADMINISTRATIVE LAW Conflict–of–Interest Code — Notice File Number Z2022–0329–05 ......................................... 405 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Fertilizing Materials Labeling, Sampling, Investigational Allowances — Notice File Number Z2022–0405–08 ................................................................ 405 TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Importation of Equidae from Countries Known to Have Contagious Equine Metritis — Notice File Number Z2022–0405–09 ................................................................ 408 TITLE 5. STATE BOARD OF EDUCATION Extended School Year — Notice File Number Z2022–0315–15 ............................................ 411 TITLE 8. DIVISION OF OCCUPATIONAL SAFETY AND HEALTH/DEPARTMENT OF INDUSTRIAL RELATIONS Definition of Normal Consumption — Notice File Number Z2022–0405–01 ................................. 415 TITLE 9.

DEPARTMENT OF REHABILITATION Basic Competitive Grand Award Process — Notice File Number Z2022–0406–01 ............................ 423 TITLE 13. AIR RESOURCES BOARD Advanced Clean Cars II Regulations — Notice File Number Z2022–0329–04 ................................ 426 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Employee Discipline — Notice File Number Z2022–0404–02 ............................................. 439 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Health Care Grievances — Notice File Number Z2022–0405–02 .......................................... 443 (Continued on next page)

TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Medical Personnel — Notice File Number Z2022–0405–03 .............................................. 446 TITLE 16. COURT REPORTERS BOARD Fee

Schedule — Notice File Number Z2022–0405–06 ................................................... 449 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Fish Creek Fish Passage Project, Tracking Number 1653–2022–090–001–R1, Humboldt County ........................................... 451 DEPARTMENT OF FISH AND WILDLIFE Interstate 58 and Interstate 205 Roadside Safety Project, Consistency Determination Number 2080–2022–002–03, Alameda County ............................................ 452 DEPARTMENT OF FISH AND WILDLIFE Cienega Springs Ecological Reserve Restoration Project, Consistency Determination Number 2080R–2022–005–05, Ventura County ............................................ 457 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Notice of Proposed Settlement ...................................................................... 459 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Notice of Proposed Settlement ...................................................................... 460

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 461 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 405 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. OFFICE OF A DM I N ISTR ATI V E LAW NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Office of Administrative Law pursuant to the authority vested in it by

section 87306 of the Government Code, pro - poses amendment to its conflict–of–interest code. A comment period has been established commencing on April 15, 2022 and closing on May 30, 2022. All in - quiries should be directed to the contact listed below. Office of Administrative Law proposes to amend its conflict–of–interest code to include employee po - sitions that involve the making or participation in the making of decisions that may foreseeably have a mate- rial effect on any financial interest, as set forth in sub- division (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less bur - densome to affected persons. The Conflict–of–Interest Code of the Office of Administrative Law designates positions in Disclosure Categories 1 and 2 which are required to file statements of economic interests and provides additional informa- tion regarding consultants.

Changes to the Conflict– of–Interest Code of the Office of Administrative Law include: updating the names of designated positions in Disclosure Category 1 by adding Attorney IV as a designated position in Disclosure Category 1, and Associate Governmental Program Analyst as a desig - nated position in Disclosure Category 2 and technical changes intended to make the disclosure category re - quirements clearer. Authority: Government Code

section 87306. Reference: Government Code sections 87300– 87302, 87306. Information on the code amendment is available on the agency’s intranet site and/or attached to this email. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than May 30, 2022, or at the con - clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than May 16, 2022. Office of Administrative Law has determined that the proposed amendments: 1.

Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed un - der

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses.

The Office of Administrative Law must determine that no alternative considered by the agency would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the pro - posed action or would be more cost–effective to affect- ed private persons and equally effective in implement- ing the statutory policy or other provision of law. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Rhea Moyer AGPA Tel: (916) 832–3257 Email: Rhea.Moyer@oal.ca.gov TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE DIVISION 4. PLANT INDUSTRY

CHAPTER 1. CHEMISTRY SUBCHAPTER 1. FERTILIZING MATERIALS

ARTICLE 1. STANDARDS AND LABELING

ARTICLE 2. SAMPLES

ARTICLE 4. REGISTRATION

ARTICLE 6. ADMINISTRATIVE PENALTIES NOTICE IS HEREBY GIVEN that the California Department of Food and Agriculture (Department) proposes to adopt or make changes to the California Code of Regulations (CCR), Title 3, Division 4,

Chapter 1, Subchapter 1, Articles 1, 2, 4, and 6, Sections 2303, 2309, 2315, 2317.5, 2320.2, 2320.4, and 2322.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 406 PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days be- fore 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 Department by mail, fax, or email.

The written comment period clos - es on May 31, 2022. The Department will only consid- er comments received by that time. Submit comments to: Brittnie Williams, Associate Governmental Program Analyst California Department of Food and Agriculture Feed, Fertilizer, and Livestock Drugs Regulatory Services Branch P.O.

Box 942872 Sacramento, CA 94271–2872 (916) 900–5022 FAX: (916) 900–5349 brittnie.williams@cdfa.ca.gov Following the written comment period or public hearing, if one is requested, the Department, at its own motion or at the request of any interested person, may adopt the proposal substantially as set forth without further notice.

AUTHORITY AND REFERENCE Notice is hereby given that the California Department of Food and Agriculture, pursuant to the authority vested by sections 407, 14502, 14550.5, 14601, 14631, 14645, 14646, 14647, 14651, 14651.5, and 14655 of the Food and Agricultural Code (FAC), proposes to make changes to Title 3, Division 4,

Chapter 1 of the CCR to implement, interpret, or make specific FAC Sections 14550.5, 14591, 14601, 14613, 14623, 14631, 14641, 14645, 14646, 14651.5, 14653, 14655, 14681, and 14682. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department’s Fertilizing Materials Inspection Program (FMIP) is statutorily tasked with licensing, label registration, and field inspection of fertilizing materials in the State of California. FMIP is respon - sible for reviewing and registering product labels, and ensuring fertilizing materials are safe, effective, and meet the nutrients guaranteed by the manufacturer.

Producers of agricultural minerals, auxiliary soil and plant substances, commercial fertilizers, packaged soil amendments, specialty fertilizers, and organic in - put materials are statutorily mandated to register with the FMIP. These rulemaking actions provide greater transpar - ency and clarity for fertilizing materials labeling, im - prove flexibility and efficiency for fertilizing material sampling, and add comprehensive and objective inves- tigational allowances for fertilizer analysis. The proposed

Section 2303(d)(1) clarifies chain of custody responsibility for bulk commercial fertiliz - ers and agricultural minerals distribution through la - bel disclosure. The proposed amendments in Sections 2303(i)(3) and (i)(3)(

A) provide uniform standardization for lim- ing materials labeling through a universal lime score that growers can reference to better determine a prod - uct’s overall quality, based upon calcium carbonate equivalent analysis, fineness factor, and moisture. The proposed revision to

Section 2309 ensures that total phosphoric acid, which is not readily available to plants and crops, is not mistaken for available phos - phoric acid. All or most of the firms that sell these products currently adheres to the labeling criteria in the proposed revision and this would memorialize the existing industry standard. The proposed revision within

Section 2315(b)(1) more accurately reflects who may be mixing fertiliz - ing material and that the material may also be sam - pled while loading or unloading, not just mixing. The amendment to

Section 2315(b)(2) clarifies that samples can be taken from piles or bulk bags (also known as “super sacks” or “bulk totes”), in addition to compart- ments. The addition of

Section 2315(b)(3) allows flex- ibility to use sampling scoops as they are common - ly used options to sample bulk piles of gypsum, com - post, and soil amendments.

Section 2315(

c) amends the procedure for gypsum so the sampling description is more accurate, while

Section 2315(c)(3) is being re- pealed because a trowel is no longer a viable sampling tool due to sanitation and contamination concerns.

Section 2315(

d) clarifies that the Department can use a restricted fill device on many container sizes, not just bulk tanks. The proposed revision for

Section 2317.5(

b) recom- mends deleting the maximum investigational allow - ance of one percentage point for secondary and mi - cronutrient guarantees as it could be an unfair busi - ness practice toward sections of the fertilizer industry. Proposed amendments to

Section 2317.5(

c) provide for investigational allowances for soluble silicon, to - tal phosphoric acid, and lime score in order to ensure that investigational allowances are included and avail- able for all assays that the Department analyzes. The

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 407 proposal also revises “guaranteed analysis” for humic acid and vitamin b–1 to “guarantee” to accurately re - flect that these guarantees are in a separate nonplant food ingredient

section of the label and not within the guaranteed analysis for plant nutrients. The proposed addition of

Section 2320.2(b)(2)(

A) ensures that the Department is notified of the final manufacturing location for organic input materials, which is a requirement for the Department to observe production at required inspections to verify a prod - uct’s organic integrity. The proposed amendment to

Section 2320.4(

c) es - tablishes that the required organic declaration will be more clearly identifiable on labels and labeling. The proposed addition to

Section 2320.4(c)(1) would also ensure that the declaration is required anywhere that a fertilizer firm is promoting a product that fits these cri- teria, including websites and marketing material. The proposed revisions and additions to

Section 2322 includes the proposed text from this rulemaking package within the administrative penalty violations matrix to ensure that all applicable regulations are in - cluded for standardization and to be comprehensive. Anticipated Benefits of the Proposed Regulations: The Department anticipates the proposed regulato - ry changes will provide improved clarity and unifor - mity with fertilizing materials labeling requirements, sampling procedures, and investigational allowances.

Further, these changes will provide benefits to growers and consumers though greater transparency with fer - tilizer labeling, improved disclosures for the end user, and enhanced consumer protections. This rulemaking will also provide for flexibility and improved efficien- cy for fertilizer sampling. The proposed actions will also provide for additional investigational allowances with fertilizer analysis and less restrictive parameters for the fertilizer industry striving to ensure that their products meet secondary and micronutrient fertilizer label guarantees in a fair, uniform manner.

Determination of Inconsistency/Incompatibility with Existing Regulations: The Department evaluated the proposed regu - lations and made several determinations required by Government Code

Section 11346.5(a)(3)(

A) to 11346.5(a)(3)(D). The Department determined that there are no existing state laws or regulations related directly to the proposed action and the effect of the pro- posed action; the proposed regulations are not incon - sistent or incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate of local agencies and school districts: None. Cost or savings to any state agency: None.

Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states: None.

Cost impacts on a representative private person or business: The Department is not aware of any cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant effect on housing costs: None. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Department has initially determined that the proposed regulatory action will not have an econom - ic or fiscal impact to the fertilizer industry. These pro- posed regulations will not:

(1) Create or eliminate jobs within California

(2) Create new businesses or eliminate existing busi- nesses within the State of California

(3) Affect the expansion of businesses currently do - ing business within the State of California

(4) Affect the health and welfare of California resi - dents, worker safety, and the state’s environment SMALL BUSINESS DETERMINATION The Department has determined that the proposed regulations may affect small business, but will not have an economic impact on those businesses. The proposed actions do not involve any area that would increase fees or result in any increased costs to these businesses.

The only small businesses potentially af - fected by the proposed regulations would be noncom- pliant firms that receive violations for violating laws and/or regulations thereby receiving a notice of warn- ing or administrative penalty. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Department must determine that no reasonable alternative is considered or that has other - wise 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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 408 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 Department invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the proposed regulations during the written comment period.

CONTACT PERSONS Written comments and inquiries concerning the substance of the proposed regulation should be direct- ed to: Nick Young, Environmental Program Manager I California Department of Food and Agriculture Fertilizing Materials Inspection Program P.O.

Box 942872 Sacramento, CA 94271–2872 nick.young@cdfa.ca.gov Written comments and inquiries about the initial statement of reasons, proposed actions, or location of the rulemaking files; or a request for a public hearing should be directed to: Brittnie Williams, Associate Governmental Program Analyst California Department of Food and Agriculture Feed, Fertilizer, and Livestock Drugs Regulatory Services Branch P.O.

Box 942872 Sacramento, CA 94271–2872 (916) 900–5022 FAX: (916) 900–5349 brittnie.williams@cdfa.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 throughout the rulemak - ing process. A copy of this Notice, the Proposed Regulation Text, and the Initial Statement of Reasons may be obtained by contacting Brittnie Williams at the information provided in the “Contact Persons” section.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, Initial Statement of Reasons, and Proposed Regulation Text in underline and strikethrough can be accessed through the Department’s website at http://www.cdfa. ca.gov/is/regulations.html. A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant com - ments received during the written comment peri - od, the Department may adopt the proposed regula - tions substantially as described in this notice.

If the Department makes modifications which differ, but are sufficiently related to the originally proposed text, it will make the modified text (with the changes clear - ly indicated) available to the public for at least 15 days prior to amendment. Please send requests for copies of any modified regulations to the attention of Brittnie Williams at the information provided in the “Contact Persons” section. 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, copies of the Final Statement of Reasons may be obtained by contacting Brittnie Williams at the information provided in the “Contact Persons” section. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE DIVISION 2. ANIMAL INDUSTRY

CHAPTER 2. LIVESTOCK DISEASE CONTROL (ANIMAL QUARANTINE)

Article 11 Emergency Control and Eradication of Animal Diseases NOTICE IS HEREBY GIVEN that the Department of Food and Agriculture (herein after referred to as “Department”) proposes to amend the proposed reg - ulations described below after considering all com - ments, objections, and recommendations regarding the proposed actions. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days be- fore the close of the written comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 409 WRITTEN COMMENT PERIOD Any interested person, or his or her duly authorized representative, may submit written comments relevant to the proposed regulatory action to the Department. Comments can be submitted via e–mail to angelina. velez@cdfa.ca.gov or mail to the address listed be - low. The written comment period closes on May 31, 2022. The Department will consider only comments received at the Department by that time.

Submit comments to: Angelina Velez Department of Food and Agriculture Animal Health & Food Safety Services Animal Health Branch 1220 N Street, Sacramento, CA 95814 Telephone: (916) 708–4467 E–mail: angelina.velez@cdfa.ca.gov AUTHORITY AND REFERENCE Existing law, Code of Federal Regulations Title 9,

Part 93.304, provides the import permit requirements for horses from regions affected with contagious equine metritis, which includes being quarantined in a facility maintained or approved by the United States Department of Agriculture. Existing law,

section 407 of the Food and Agricultural Code, provides that the Secretary of the Department of Food and Agriculture (Department) may adopt such regulations as are reasonably neces - sary to carry out the provisions of the code which she is directed or authorized to administer or enforce. Existing law,

section 9561 of the Food and Agricultural Code authorizes the State Veterinarian of the Department to establish regulations to prevent or eradicate any condition that could cause risk to an - imals or the health and safety of the citizens of this state. Existing law,

section 9562 of the Food and Agricultural Code authorizes the State Veterinarian to quarantine or restrict the movement of animals or animal products to minimize the risk of an illness that could kill or seriously damage other animals or humans. Existing law,

section 9570 of the Food and Agricultural Code authorizes the State Veterinarian of the Department to prescribe the conditions, if any, under which animals, animal products, or property may be imported into this state if

section 9562 is in - voked, and the importation of animals, animal prod - ucts, or other property from any state, territory, or for- eign country may transmit, carry or disseminate the illness, infection, pathogen, contagion, toxin, or con - dition designated pursuant to

Section 9562. Existing law,

section 8101.1 of the California Code of Regulations, specifies the requirements for all stal - lions or mares over 731 days of age imported into California under a USDA permit from a foreign coun- try where Contagious Equine Metritis (CEM) exists. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department is proposing the amendment of sec- tion 810.1 under of

Article 11,

Chapter 2, Division 2, of Title 3 of the California Code of Regulations, to up- date the address of the currently approved CEM quar- antine facility and add a new additional approved fa - cility for the University of California Davis, Center for Equine Health, both under the control and manage - ment of the University of California Davis. Anticipated Benefits of the Proposal: This amend - ment will provide the public with an additional loca - tion in Southern California to utilize in those cases where importation of stallion and/or mares requires quarantine for inspections, treatment and testing re - quired to determine the disease status for CEM, as set forth in CCR

section 810.1. The primary equine health benefit is decreased length of travel and transporta - tion stress for imported horses, as well as improved transportation logistics for stakeholders importing the equines. Currently the only UC Davis Center for Equine Health CEM quarantine facility closest is the location in Davis, California. CONSISTENCY EVALUATION The Department has evaluated this proposal and be- lieves that it is not inconsistent or incompatible with the Department’s existing State regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code

section 17500 et seq. Require Reimbursement: None. Business Impact: The Department has determined that this regulatory proposal will not have any impact on the creation of jobs or businesses or the elimination of jobs or existing businesses or the expansion of busi- nesses in California. The Department has made an initial determination that the proposed regulatory action will not have any

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 410 significant statewide adverse economic impact direct- ly affecting California businesses including the abili - ty of California businesses to compete with business - es in other states. Cost Impacts on Representative Private Persons or Businesses: The Department is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action.

The anticipated compliance requirements as a result of this proposal: The proposal contains no specific re- cord keeping, paperwork or reporting requirements. Effect on Housing Costs: None. Effect on Small Business: The Department has ini - tially determined that the proposed changes to the reg- ulations would have no significant impact directly af - fecting small businesses. These regulations do not re - quire any additional costs or outputs for small busi - nesses. These regulations do not establish any new limitations on small businesses.

All CFMs and ven - dors would be operating under the same regulatory structure with regards to the regulatory changes. RESULTS OF ECONOMIC IMPACT ASSESSMENT Benefits of the regulation to the health and welfare of California residents, worker safety, and the State’s environment: The Department is not aware of any specific benefits this proposal will have on the health of California residents, worker safety or the State’s environment.

The proposed regulation benefits welfare of California residents, including animal health, the equine industry and the State’s economy by serving to prevent the spread of CEM in the State of California when stallions or mares are imported from foreign countries where CEM exists. Occupations/Businesses Impacted: The Department has determined that this regulatory proposal will not have any impact on the creation of jobs or businesses or the elimination of jobs or existing businesses or the expansion of businesses in California.

Business Reporting Requirement: There are no new reporting requirements as a result of this proposal. Comparable Federal Regulations: This proposal does not duplicate or conflict with federal regulations. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the Department would be more effec - tive 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 per - sons and equally effective in implementing the statu - tory policy or other provision of law.

The Department invites interested persons to pres - ent statements or arguments with respect to alter - natives to the proposed regulations at the scheduled hearing or during the written comment period. A VAILABILITY OF INITIAL STATEMENT OF REASONS AND INFORMATION AND TEXT OF PROPOSAL Copies of the exact language of the proposed reg - ulations and of the Initial Statement of Reasons, and all the information upon which the proposal is based, may be obtained by contacting the persons named be - low or by accessing the Department’s website as indi- cated below in this Notice.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regu - lations are based is contained in the rulemaking file, which is available for public inspection by contacting the persons named below. Any person may obtain a copy of the Final Statement of Reasons once it has been prepared, by making a written request to the contact persons named below or by accessing the website listed below.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may amend the proposed regulations substantially as described in this notice. If the Department makes modifications, which are suffi- ciently related to the originally proposed text, it will make the modified text (with the changes clearly in - dicated) available to the public for at least 15 days be- fore the Department adopts the regulations as revised. Please send requests for copies of any modified reg - ulations to the attention of Angelina Velez at the ad - dress listed below.

The Department will accept writ - ten comments on the modified regulations for 15 days after the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 411 A VAILABILITY OF FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the persons named below. A VAILABILITY OF DOCUMENTS ON THE INTERNET Website Access: Materials regarding this propos - al can be found by accessing the following Internet address: https://www.cdfa.ca.gov/ahfss/regulations. html#AHB–rulemaking .

CONTACT PERSONS Inquiries and any written comments concerning this proposal are to be addressed to the following: Angelina Velez Department of Food and Agriculture Animal Health & Food Safety Services Animal Health Branch 1220 N Street, Sacramento, CA 95814 Telephone: (916) 708–4467 E–mail: angelina.velez@cdfa.ca.gov The backup contact person is: Emily Nietrzeba, DVM, MPH Equine Veterinarian Department of Food and Agriculture Animal Health & Food Safety Services Animal Health Branch 1220 N Street, Sacramento, CA 95814 Telephone: (916) 508–3302 E–mail: emily.nietrzeba@cdfa.ca.gov TITLE 5.

STATE BOARD OF EDUCATION AMENDMENT TO CALIFORNIA CODE OF REGULATIONS, TITLE 5, REGARDING EXTENDED SCHOOL YEAR NOTICE IS HEREBY GIVEN that the State Board of Education (SBE) proposes to adopt the reg - ulations described below after considering all com - ments, objections, or recommendations regarding the proposed action. The SBE invites interested persons to present state - ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period.

PUBLIC HEARING California Department of Education (CDE) staff, on behalf of the SBE, will hold a virtual public hearing at 9:00 a.m. on May 31, 2022.

Any interested person may participate in the public hearing via Zoom videoconference by logging in per the following instructions: ● Click the following link or paste the link to the browser to join the webinar and enter the password: https://us02web.zoom.us/j/81355706179 Meeting ID: 813 5570 6179 Passcode: 093779 ● To connect with audio only and no video, call one of the following telephone numbers and enter the above meeting ID and password: +1 669 900 9128 US (San Jose) +1 213 338 8477 US (Los Angeles) Alternatively, callers may find their local num - ber by using this link: https://us02web.zoom.us/u/ kbQCMShleA For persons intending to attend the Zoom meeting, those persons may check their computers by: ● Clicking on the test link: https://zoom.us/test. ● For any issues regarding connecting with Zoom, go to https://support.zoom.us/hc/en–us for assistance.

At the hearing, any person may present statements or arguments, orally or in writing, relevant to the pro - posed action described in the Informative Digest. The SBE requests, but does not require, that persons who make oral comments at the public hearing also sub - mit a written

summary of their statements. No oral statements will be accepted subsequent to this pub - lic hearing. REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Unruh Civil Rights Act, any individual with a disabil - ity who requires reasonable accommodation to attend or participate in a public hearing on proposed regu - lations, may request assistance by contacting Monica Pecarovich, California Department of Education, Special Education Division, 1430 N Street, Suite 2401, Sacramento, CA, 95814; 916–445–0081.

It is rec - ommended that assistance be requested at least two weeks prior to the hearing. Pursuant to Government Code

section 11346.6(a)(3) and (b), because some of this regulation pertains to special education, the following provisions also apply:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 412 Upon request from a person with a visual disabil - ity or other disability for which effective communi - cation is required under state or federal law, the CDE shall provide that person a narrative description of the additions to, and deletions from, the regulations. The description shall identify each addition to or deletion from the regulations by reference to the subdivision, paragraph, subparagraph, clause, or subclause within the proposed regulation containing the addition or de- letion.

The description shall provide the express lan - guage proposed to be added to or deleted from the reg- ulations and any portion of the surrounding language necessary to understand the change in a manner that allows for accurate translation by reading software used by the visually impaired. The CDE shall provide the information described above within 10 business days, unless the CDE deter - mines that compliance with this requirement would be impractical and notifies the requester of the date on which the information will be provided.

Notwithstanding any other law, if information is provided to a requester as described above, the CDE shall provide that requester at least 45 days from the date upon which the information was provided to the requester to submit a public comment regarding the proposed regulation. The CDE shall not take final ac - tion to adopt the regulation until the requester has sub- mitted a public comment or the extended 45–day com- ment period expires, whichever occurs first.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to: Lorie Adame, Regulations Coordinator Administrative Support and Regulations Adoption Unit California Department of Education 1430 N Street, Room 5319 Sacramento, CA 95814 Comments may also be submitted by facsimile (FAX) at 916–322–2549 or by email to regcomments@ cde.ca.gov. Comments must be received by the Regulations Coordinator prior to or on May 31, 2022.

All writ - ten comments received by CDE staff during the pub - lic comment period are subject to disclosure under the Public Records Act. AUTHORITY AND REFERENCE Authority:

Section 56100, Education Code. References:

Section 56345, Education Code; and 34 Code of Federal Regulations

Section 300.106. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Individuals with Disabilities Education Act (IDEA) as amended, mandates the provision of Free and Appropriate Public Education (FAPE), at no cost to parents, to eligible children with exceptional needs, with the intention to meet the unique needs of the child. Title 34 of the Code of Federal Regulations (34 C.F.R.)

section 300.106 extends this mandate to extended school year (ESY) services if a child’s individualized education program (IEP) team determines, on an in - dividual basis, in accordance with 34 C.F.R. sections 300.320 through 300.324, that the services are neces - sary for the provision of FAPE to the child. Title 5 of the California Code of Regulations (5 CCR),

section 3043 was adopted by the SBE in 1988, pursuant to its general rulemaking authority. This

section describes the obligation of local educational agencies (LEAs), Special Education Local Plan Areas (SELPAs), or county offices of education providing special educa - tion and related services and receiving federal fund - ing for the same to provide ESY services for each in - dividual with exceptional needs who requires special education and related services in excess of the regular academic year. Subsection (

g) of

section 3043 states that “if during the regular academic year an individu - al’s IEP specifies integration in the regular classroom, a public education agency is not required to meet that component of the IEP if no regular summer school programs are being offered by that agency.” Recently concerns have been raised that this regulation could be interpreted, incorrectly, to operate so as to preclude consideration of least restrictive environment in ESY determinations. It is recommended that subsection (

g) be deleted for clarity. It is also recommended that sub-

section (

i) of be deleted because it has no meaning ex- cept in relation to subsection (g). Policy Statement Overview All students eligible under the IDEA, title 20 of the United States Code

section 1400 et seq., are entitled to a FAPE. The IDEA regulations address the possibili - ty that some students with IEPs will require services beyond the regular academic year, i.e., ESY services. The regulations state: Each public agency must ensure that extended school year services are available as necessary to provide FAPE…. 34 C.F.R. 300.106(a)(1). While all students eligible under the IDEA are en - titled to services during the regular academic year, not all students with IEPs will require ESY services in order to receive a FAPE. Federal and state law pro- vide that the IEP team for each individual student de - termines whether ESY services are necessary (34

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 413 C.F.R. 300.106(a)(2); Ed. Code, § 56345(b)(3)). The federal ESY regulation does not specify how the IEP team should make the determination of “necessity.” California has adopted a regulation setting forth crite- ria for how the IEP team should make that determina- tion for each individual student (5 CCR §, 3043). The state regulation states that the IEP team should con - sider whether interruption of a student’s programming during the summer may cause regression, when cou - pled with a student’s limited recoupment capacity.

The IDEA has a provision known as “least restric - tive environment,” or LRE, which states: To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are ed- ucated with children who are not disabled, and special classes, separate schooling, or other re - moval of children with disabilities from the reg - ular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. 20 U.S.C. 1412(a)(5)(A).

Toward that end, a SELPA in California must make a “continuum” of placements available, including reg- ular classes, special classes, and other options (34 C.F.R. 300.115(b)(1); Ed. Code, §§ 56360–56361). While ESY services too must be provided in the LRE, it is important to recognize that ESY services are provided during summer months when, as a prac - tical matter, the full continuum of placements may not be available. While school attendance is mandatory during the regular academic year for students ages 6 to 18 (Ed. Code, § 48200), school attendance is not man- datory during the summer.

Nothing in federal or state law mandates that an LEA offers an optional “regular education” summer school program to all of its stu - dents. Nevertheless, currently LEAs may offer vari - ous regular education summer school programs for various student populations through various funding sources (examples may include Title I, enrichment, credit recovery for graduation, COVID–related learn - ing loss, or others).

California’s ESY regulation states: If during the regular academic year an individu - al’s IEP specifies integration in the regular class- room, a public education agency is not required to meet that component of the IEP if no regular summer school programs are being offered by that agency. 5 CCR

Section 3043(g). Existing federal and state law require that LEAs consider the LRE concept in relation to ESY, although an LEA ’s overall offerings look different in the sum - mer. However, recently concerns have been raised that this regulation could be interpreted, incorrectly, to op- erate so as to preclude consideration of LRE in ESY determinations. Part of the confusion may be that an LEA does not necessarily implement any student’s tra- ditional school year IEP during ESY, but rather creates within the IEP an ESY program for the student that may be different from the traditional school year IEP. For this reason, the phrase in 5 CCR

section 3043(

g) stating that if the LEA does not offer any regular ed - ucation summer school programs, the LEA “is not re - quired to meet that [regular education] component of the [traditional school year] IEP,” may be confusing. The California Department of Education is planning to prepare and issue Frequently Asked Questions to address concerns about ESY, including consideration of the LRE concept in relation to ESY. It is recommended that 5 CCR

section 3043 (

g) be deleted for clarity. The existing federal and state law are sufficient to address ESY without subsection (g), and, rather than clarify and implement existing law, subsection (

g) may be confusing the field. Also, it is recommended that subsection (

i) of 5 CCR,

section 3043 be deleted. Subsection (

i) states, “This

section [subsection (g)] shall not apply to schools which are operating a continuous school program pur- suant to

Chapter 5 (commencing with

Section 37600) of

Part 22, Division 3, Title 2, of the Education Code.” Subsection (

i) has meaning only in relation to subsec - tion (g), and not in relation to the rest of

section 3043. Because subsection (

g) is being deleted, subsection (

i) should be deleted as well. Furthermore, it is recommended that Education Code

section 37600 be deleted from the “Reference”

section in the NOTE because it is reference only for subsection (i), which is being deleted. Finally, it is rec- ommended that Education Code

section 41976.5 be deleted from the “Reference”

section in the NOTE be- cause it was repealed by Statutes 2021,

chapter 666,

section 32 (Assem. Bill No. 486), effective January 1, 2022. Anticipated Benefits of the Proposed Regulation This action will clarify, consistent with existing fed- eral and state law, that decisions as to what constitutes FAPE in the LRE for individual students during ESY should be made based on individual student needs. Further regulation to implement the applicable feder - al and state ESY provisions is unnecessary and dele - tion of such regulation, i.e., 5 CCR

section 3043(

g) and related

section 3043(i), is expected to minimize con - fusion over its application in relation to existing law. Evaluation of Inconsistency/Incompatibility With Existing State Regulations An evaluation of the proposed amendment to reg - ulations has determined they are not inconsistent/in - compatible with existing regulations, pursuant to Government Code

section 11346.5(a)(3)(D). After

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 414 conducting a review for any regulations that would re- late to or affect this area of law, the SBE has conclud- ed that these are the only regulations that concern the ESY regulation. DISCLOSURES REGARDING THE PROPOSED ACTION/FISCAL IMPACT The SBE has made the following initial determinations: Other statutory requirements : There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations or class of regulations. Mandate on local agencies and school districts : None.

Costs to any local agencies or school districts for which reimbursement would be required pursuant to

Part 7 (commencing with

section 17500) of division 4 of the Government Code: None. Cost or savings to any state agency: None. Other non–discretionary costs or savings imposed on local agencies, including local educational agen - cies: None. Costs or savings in federal funding to the state : None. Effect on housing costs: None. Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None.

Cost impacts on a representative private person or businesses: The SBE is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Report required : The proposed regulations do not require a report to be made. Effect on small businesses : The proposed amend - ment to regulations would not have an effect on any small business because the removal of 5 CCR

section 3043(

g) and related

section 3043(

i) does not change or modify existing law requiring the provision of FAPE in the LRE or the provision of an ESY program as de- termined by the student’s IEP by a public agency re - ceiving federal funding under the IDEA. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The SBE concludes that it is unlikely that these pro- posed regulations will: 1) create or eliminate jobs within California; 2) create new businesses or elimi - nate existing businesses within California; or 3) affect the expansion of businesses currently doing business within California. Benefits of the Proposed Action: The proposed amendments to

section 3043 by removing subsec - tion (

g) and related subsection (

i) benefits of the health and welfare of California residents by removing a per- ceived barrier to the provision of FAPE to students as required under the IDEA. These proposed regulations will have no adverse effect nor benefit on worker safe- ty or the State’s environment. These proposed regulations will have no adverse effect nor benefit on worker safety or the State’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the SBE must determine that no rea - sonable alternative it considered or that has other - wise been identified and brought to the attention of the SBE, would be more effective in carrying out the pur- pose for which the action is proposed, would be as ef- fective and less burdensome to affected private per - sons than the proposed action, or would be more cost– effective to affected private persons and equally effec- tive in implementing the statutory policy or other pro- vision of law.

The SBE invites interested persons to present state - ments or arguments with respect to alternatives to the proposed regulations during the written comment period.

CONTACT PERSONS Inquiries concerning the content of these proposed regulations should be directed to: Monica Pecarovich, Interim Education Administrator California Department of Education Special Education Division 1430 N Street, Room Suite 2401 Sacramento, CA 95814 Telephone: 916–445–0081 Email: mpecarovich@cde.ca.gov Inquiries concerning the regulatory process may be directed to the Lorie Adame, Regulations Coordinator, or the backup contact person, Hillary Wirick, Regulations Analyst.

The Regulations Coordinator and the Regulations Analyst may be reached by email at regulations@cde.ca.gov or by telephone at 916 –319– 0860.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 415 A VAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND INFORMATION As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulations, the Initial Statement of Reasons (ISOR), the agenda and a recording of the SBE meeting where the SBE approved commencement of this rulemaking activity, and Fiscal and Economic Impact Statement (STD. 399).

These documents upon which the proposed action is based may be obtained upon request from the Regulations Coordinator. In ad- dition, this Notice, the text of the proposed regulations and the ISOR may also be viewed on CDE’s website at http://www.cde.ca.gov/re/lr/rr/. A VAILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SBE may adopt the proposed regulations substantially as de - scribed in this Notice or may modify the proposed regulations if the modifications are sufficiently relat - ed to the original text.

With the exception of techni - cal or grammatical changes, the full text of any mod - ified regulation will be available to the public for at least 15 days prior to its adoption from the Regulations Coordinator and will be mailed to those persons who submit written comments related to this regulation, or who provide oral testimony at the public hearing, or who have requested notification of any changes to the proposed regulations. The SBE will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE You may obtain a copy of the Final Statement of Reasons, once it has been finalized, by making a writ- ten request to the Regulations Coordinator. All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the Regulations Coordinator.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications highlighted, as well as the Final Statement of Reasons, when completed, and modified text, if any, can be accessed via CDE’s website at http://www.cde.ca.gov/re/lr/rr/. TITLE 8. DIVISION OF OCCUPATIONAL SAFETY AND HEALTH/DEPARTMENT OF INDUSTRIAL RELATIONS

Chapter 3.2, Subchapter 2,

Article 1.7,

Section 340.70 Definition of Normal Consumption NOTICE IS HEREBY GIVEN that the Division of Occupational Safety and Health (“the Division”) with- in the Department of Industrial Relations propos - es to adopt the foregoing provision of Title 8 of the California Code of Regulations (8 CCR) in the manner described in the Informative Digest, below. PUBLIC HEARING A public hearing has been scheduled to permit all interested persons the opportunity to present state - ments or arguments, oral or in writing, with respect to the proposed amendments, on the following date: Date: June 1, 2022 Time: 10:00 a.m. to 5:00 p.m.

Videoconference: https://tkoworks.zoom.us/j/81346057913 Teleconference: +1 669 900 6833 US (Direct Dial) 888 475 4499 US Toll–free Meeting ID: 813 4605 7913 Alternate formats, assistive listening systems, sign language interpreters, or other types of reasonable accommodations to facilitate effective communica - tion for persons with disabilities are available upon request.

Please contact the State Wide Disability Accommodation Coordinator at 1–866–326–1616 (toll free), or through the California Relay Service by dial- ing 711 or 1–800–735–2929 (TTY/English) or 1–800– 855–3000 (TTY/Spanish) as soon as possible to re - quest assistance. Accommodation requests should be made as soon as possible. Requests for an Assistive Listening System or Communication Access Realtime Translation should be made no later than five (5) days before the hearing.

At the hearing, any person may present statements or arguments, orally or in writing, relevant to the pro - posed amendments described below in the Informative Digest. The Division requests, but does not require, that any persons who make oral comments at the

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 416 hearing also provide a written copy of their comments. Equal weight will be accorded to oral comments and written materials. Please note that public comment will begin promptly at 10:00 a.m. and will conclude when the last speaker has finished his or her presentation or at 5:00 p.m., whichever is earlier. If public com - ment concludes before the noon recess, no after - noon session will be held.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the Proposed Rulemaking. Written comments, regard- less of the method of transmittal, must be received by the Division by 5:00 p.m. on June 1, 2022, which is hereby designated as the close of the written com - ment period. Comments received after this date will not be considered timely. Persons wishing to use the California Relay Service may do so at no cost by di - aling 711. Written comments may be submitted as follows: 1. By email to: lbrokaw@dir.ca.gov.

It is requested that email transmissions of comments, particular- ly those with attachments, contain the regulation identifier “Definition of Normal Consumption” in the subject line to facilitate timely identification and review of the comment; 2. By fax transmission to Lisa Brokaw, Staff Counsel, at (510) 286–7039; 3. By mail or hand–delivery to Lisa Brokaw, Staff Counsel, at Cal/OSHA Legal Unit, 1515 Clay Street, Suite 1901, Oakland, California 94612. All comments, regardless of the method of trans - mittal, should include the commenter’s name and U.S.

Postal Service mailing address or e–mail ad - dress to enable the Division to provide the commenter with notice of any proposed changes to the Proposed Rulemaking on which additional comments may be solicited. AUTHORITY AND REFERENCE Labor Code

section 60.5, subdivision (

b) provides that the Division succeeds to and is vested with all of the powers, duties, purposes, responsibility, and juris- diction of the Division of Industrial Safety. Labor Code

section 6308, provides that in enforcing occupational safety and health standards and orders and special orders, the Division may: (a) [ d]eclare and prescribe what safety devices, safeguards, or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order. [ ¶] … [¶] (

c) R equire the performance of any other act which the protection of the life and safety of the employees in employments and places of employment reasonably demands. Authority Cited: Sections 60.5 and 6308, Labor Code. Reference:

Section 6403.3, Labor Code. INFORMATIVE DIGEST OF PROPOSED ACTION Policy Statement Overview During the COVID–19 pandemic, hospitals re - ported that widespread shortages of personal protec - tive equipment (PPE) put staff and patients at risk. Hospitals reported that heavier use of PPE than nor - mal was contributing to the shortage and that the lack of a robust supply chain was delaying or preventing them from restocking PPE needed to protect staff.

Hospitals also expressed uncertainty about the avail - ability of PPE from federal and state sources and not - ed some vendors had sharply increased the prices of PPE. 1 As a consequence of PPE shortages, workers who provide direct patient care or provide services that directly support patient care experienced workplace practices that threatened their health and safety.

To try to make existing supplies of PPE last, hospitals re- ported conserving and reusing single–use/disposable PPE, bypassing some PPE sanitation processes, and/or turning to non–medical–grade PPE, which they wor - ried may put staff at risk. 2 As of February 24, 2022, the California Department of Public Health has reported 148,051 confirmed positive cases in health care work- ers and 568 deaths statewide. 3 Labor Code

section 6403.3, signed into law in September 2020, requires, among other things, that general acute care hospitals maintain an un–ex - pired and unused stockpile of specified respirators, 1 US Department of Health and Human Services. Office of the Inspector General. Hospital Experiences Responding to the COVID–19 Pandemic: Results of a National Pulse Survey March 24–27, 2020. Hospital Experiences Responding to the COVID–19 Pandemic: Results of a National Pulse Survey March 24–27, 2020 (OEI–06–20–00300; 04/20) ( hhs.gov). 2 US Department of Health and Human Services. Office of the Inspector General.

Hospital Experiences Responding to the COVID–19 Pandemic: Results of a National Pulse Survey March 24–27, 2020. Hospital Experiences Responding to the COVID–19 Pandemic: Results of a National Pulse Survey March 24–27, 2020 (OEI–06–20–00300; 04/20) ( hhs.gov). 3 California Department of Public Health, “State Officials An - nounce Latest COVID–19 Facts,” accessed February 25, 2022, https://www.cdph.ca.gov/Programs/OPA/Pages/NR22–037.aspx .

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 417 particulate filters or cartridges, surgical masks, isola - tion gowns, eye protection, and shoe coverings, in “the amount equal to three months of “normal consump - tion.” (Labor Code § 6 403.3, subd. (c)(1)). “Normal consumption” is not defined in Labor Code

section 6403.3 and thus regulatory action is needed to inter - pret the phrase so that it is sufficiently clear and spe - cific to allow impacted employers to properly comply with the statute’s requirements. Such regulatory action is also needed so that the Division can consistently and uniformly enforce those requirements. Hospitalizations as a result of COVID–19 are ongo- ing and, despite widespread use of vaccinations, vari - ants of the virus continue to raise serious public health and safety concerns.

The Delta variant created a new surge that began in July 2021 and led to over a 700% increase in hospitalizations in California over a two month time period. 4 Omicron, a subsequent variant, led to a new surge that began in December 2021. With each new surge comes upticks in hospitalizations re - quiring heightened levels of PPE. Furthermore, future surge events caused by illness or other health emer - gencies which, like COVID–19, would require ade - quate amounts of specified protective equipment to protect health care workers, are inevitable.

Without regulatory action, worker health may be impacted because of insufficient supplies of PPE for hospital workers. The proposed regulation will help avoid such harm by making the stockpile requirement of Labor Code

section 6403.3 clear, specific and en - forceable. This will help ensure that hospital workers have sufficient levels of protective equipment, partic - ularly during periods of heightened demand, to safe - ly perform their work, thus minimizing exposures and the potential for illness. It will also help avoid disrup - tions to patient care caused by the need to preserve equipment or by the absence of healthcare workers due to illness. The specific changes are as follows: New

Section 340.70 Definition of Normal Consumption This proposed standard, new

section 340.70, would be in Subchapter 2, Regulations of the Division of Occupational Safety and Health. It would be under new

Article 1.7

Definitions. The regulation would in - clude the following provisions. New

Section 340.70(

a) Proposed subsection (

a) specifies that, for purposes of the regulation, “employees” means those who pro - vide direct patient care or who provide services that directly support patient care in a general acute care 4 California Department of Public Health, “State Public Health Officer Order of August 16, 2021, https://www.cdph.ca.gov/ Programs/CID/DCDC/Pages/COVID–19/Order–of–the–State– Public–Health–Officer–Hospital–and–Health–Care–System– Surge.aspx. hospital and “facility” means a “general acute care hospital.” This provision is necessary for purposes of clarity, to enable affected employers to comply with the sub - sequent sections of the regulation that use those terms, and to ensure consistency with the provisions of Labor Code

section 6403.3. New

Section 340.70(

b) Proposed subsection (

b) defines normal consump - tion as the average amount of the equipment speci - fied, for each category, type, and size of equipment, used by all employees over the previous two–year pe- riod. The equipment specified includes N95 filtering facepiece respirators, powered air–purifying respira - tors with high efficiency particulate air filters, elasto - meric air–purifying respirators and appropriate par - ticulate filters or cartridges, surgical masks, isolation gowns, eye protection, and shoe coverings.

This provision is necessary to establish that “normal consumption” is a projected level of demand based on an average of past consumption levels. It includes con- sumption by both employees who provide direct pa- tient care and who provide services that support pa - tient care. It also accounts not just for each category of specified equipment, which are individually set forth to provide clarity to affected employers, but the un - derlying types and sizes of each category used by em- ployees as well.

This provision is necessary to establish that “nor - mal consumption” is not a static amount based on one snapshot in time, but rather a two–year average that reflects the natural variations in consumption lev - els that occur over time based on fluctuations in de - mand. Including this variability is critical to obtain - ing a calculated average that is a reasonable represen - tation of the amount of specified equipment actually used by hospital workers.

This will reduce the like - lihood that an employer will inadvertently underesti - mate the amount of equipment needed, thereby defeat- ing the statutory purpose of maintaining a stockpile of specified equipment in order to avoid shortages. This provision is also necessary to establish a rea- sonable sample period for determining the normal consumption of the equipment specified. If the sample period is too short, fluctuations in usage, which nat - urally occur over time depending upon need and cir - cumstances, may create an average that is artificial - ly high or artificially low.

If the sample period is too long, data collection and retention may be impracti - cal or overly burdensome. The two–year “look back” period is intended to strike a balance between these considerations. New

Section 340.70(

c) Proposed subsection (

c) delineates how normal con- sumption is calculated. Subsection (c)(1) sets forth that for each year beginning April 1, the quantity of each

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 418 category, type, and size of the specified equipment consumed by employees in the facility during the preceding two calendar years, from January through December, shall be added up and then divided by 8. This provision is necessary to establish a uniform and straightforward formula that employers can use to calculate the required size of the stockpile and, for enforcement purposes, the Division can apply to de - termine whether an employer’s stockpile is in com - pliance. Because

section 6403.3, subdivision (c)(1) re- quires a stockpile in an amount equal to three months of normal consumption, the quantity of specified equip - ment consumed in the facility during each twenty– four–month period (January through December) is divided by 8. The calculation for each year, begin - ning April 1, is based on the preceding two–year pe - riod from January through December. This provides a three–month window, from January through March, for an employer to calculate normal consumption and adjust its stockpile accordingly..

Subsection (c)(2) specifies that in calculating the normal consumption over the specified two year time- frame the quantity used to represent consumption during the second year shall be capped at 200% of the first year consumption total. The second year’s capped quantity, rather than its actual quantity, shall be used as that year’s consumption total for calculations in subsequent years. This provision is necessary to account for consump- tion levels that may be unusually extreme or high and thus unreasonably skew the average two–year demand for equipment.

The intent of the cap is to strike a bal - ance between the need to prevent extreme deviations in usage from excessively distorting the average use or demand and the need to account for the fact that, to some extent, such deviations should not be dismissed entirely since an inherent uncertainty of actual de - mand does exist. Subsection (

c) contains a note that provides the fol - lowing example of how the cap works when calculat - ing three months of normal consumption for a partic - ular type of equipment: Three months of normal con - sumption for the year beginning April 1, 2021, and ending on March 31, 2022, would be based on the total quantity of each category, type, and size of the spec - ified equipment consumed during the period January 1, 2019, through December 31, 2020, divided by 8.

Assume that consumption of a particular category and type of equipment, in a size medium, was 1000 piec - es in 2019, 3000 pieces in 2020, and 1600 pieces in 2021. The quantity used to calculate the normal con - sumption for 2020 will be capped at 2000 pieces (1000 x 2). The calculation for three months of normal con - sumption for the year starting April 1, 2021, will thus be (1000 plus 2000)/8 = 375 pieces. The calculation for three months of normal consumption for the year starting April 1, 2022, will be (2000 plus 1600)/8 or 450 pieces.

This provision is necessary to provide clarity as to how to calculate three months of normal consumption using the cap and to illustrate precisely how the cap is applied in the following two–year period. New

Section 340.70(

d) Proposed subsection (

d) sets forth four different methods by which an employer may determine con - sumption for each category, type, and size of equip - ment. These include the total quantity received in the facility from all sources for use by employees; the to - tal quantity ordered by the facility from all sources for use by employees; the average monthly inventory, or; the quantity distributed to units in which employees provide patient care and to units providing services that directly support patient care, through all distri - bution methods, including separately chargeable and non–separately chargeable items.

This provision is necessary to provide clarity and specificity as to the types of data that an employer may use to calculate its consumption rates. Many, if not most, affected employers do not maintain records of daily consumption levels for each category, type, and size of the specified equipment used by hospital work- ers. The options set forth in this

section represent dif - ferent proxies that employers may use in lieu of such data. Each of the four methods utilize types of data that different hospitals already collect in the normal course of business, allowing hospitals to easily apply pre–existing data in this context, rather than requiring the creation of new internal data collection systems. Proposed subsection (

d) also contains a note that states that an employer may use different methods of determining consumption, from among the four meth- ods listed in the regulation, for each category and type of equipment. This provision is necessary to address circumstanc - es where an employer does not track each category and type of equipment in the same manner. It allows the employer the flexibility to choose which method to use for each category, so that pre–existing data can be used and new data collection systems are not required.

Federal Regulations and Statutes No federal law or regulation exists or has been promulgated that specifically defines “normal consumption.” Evaluation of Inconsistency/Incompatibility with Existing State Regulations The Division evaluated the proposed regulation pursuant to Government Code

section 11346.5(a)(3) (

D) and has determined that the regulation is not in - consistent or incompatible with any existing state regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 419 Forms Incorporated By Reference None. DISCLOSURES REGARDING THE PROPOSED ACTION Local Mandate The Division has determined that the proposed reg - ulation does not impose a mandate on local agencies or school districts requiring reimbursement by the State pursuant to

Part 7 of Division 4 of the Government Code (commencing with

section 17500). Cost or Savings to State Agencies The California Department of State Hospitals over - sees five state hospitals in California. These hospi - tals are not general acute care hospitals and thus are not subject to the requirements of Labor Code

section 6403.3. They would not incur any costs or savings as a result of the proposed regulation. The California Department of Developmental Services (DDS) operates the Porterville Developmental Center (the Center). The Center has an Acute Medical Services Program and is subject to the requirements of Labor Code

section 6403.3. The Acute Medical Services Program serves individuals from all resi - dential units at the Center that become ill and require short–term acute or critically ill services. On an annu- al basis, the number of individuals served by the Acute Medical Services Program is a very small percent - age of the Center’s overall residential population. The Center already maintains an inventory of the types of equipment specified by Labor Code 6403.3(

c) needed for Center–wide employee use, which far exceeds the small amount consumed by employees providing ser - vices in the Acute Medical Services Program. It would not incur any additional costs or savings as a result of the proposed regulation. The Division is already required to enforce Labor Code

section 6403.3, and incur any costs associated therewith, and would not incur any additional costs as a result of this proposed regulation. Cost to Any Local Government or School District Which Must Be Reimbursed in Accordance With Government Code Sections 17500 through 17630 None. Other Nondiscretionary Cost or Savings Imposed on Local Agencies There are approximately fifty four (54) city, coun - ty and district general acute care hospitals in the state. As of April 1, 2021, Labor Code

section 6403.3(c)(1) required each such hospital to maintain a stockpile of seven specified types of equipment in an amount equal to three months of normal consumption. If they did not have existing stockpiles of this volume, the hospi- tals incurred costs to come into compliance with the statute. Such costs were incurred under the statutory stockpile requirement.

The only potential economic impact this regulation would have would be the difference between the costs of a hospital’s pre–existing statutorily required stock - pile, created in the absence of a definition of “normal consumption,” and the costs of a stockpile amassed using the proposed regulatory definition of “normal consumption,” to the extent those amounts may differ.

Such costs may include not only the cost of additional equipment needed to bring a stockpile inventory into compliance, but also costs related to additional space needed to store such equipment, depending on the em- ployer’s degree of non–compliance.

In order to calculate the foregoing, with the as - sistance of the California Hospital Association, the Division issued an anonymous survey to general acute care hospitals, requesting 2019 and 2020 consumption totals pertaining to the seven specified categories of equipment required to be stockpiled under the stat - ute, as well as existing stockpile inventory amounts. Complete data was received from a sample of 55 gen- eral acute care hospitals.

Using the 2019 and 2020 consumption totals pro - vided, the Division calculated the stockpile size that each respondent would be required to maintain, for each category of specified equipment, under the regu- latory definition of normal consumption. The Division then compared that amount to the amount of each cat- egory of specified equipment that each respondent had actually stockpiled in the absence of a regulato - ry definition, to determine the total additional amount of each specified category of equipment that would be needed to bring the stockpile amounts into compli - ance.

The totals, in each category of specified equip - ment, were extrapolated to a sample size of 415 hospi- tals, to determine the total amount of additional equip- ment that would be required by the state’s total general acute care hospital population and a sample size of 360 hospitals, to determine the total amount of additional equipment that would be required by the state’s private general acute care hospital population. The difference between those two amounts is the amount of additional equipment that would be re - quired by the state’s city, county and district general acute care hospital population.

Additional Units of Specified Equipment Required (Total for 54 Local General Acute Care Hospitals) N95s: 13,722 Powered Air–purifying Respirators: 165 Elastomeric Respirators: 57 Surgical Masks: 179,872 Isolation Gowns: 259,521 Eye Protection: 2,154 Shoe Covers: 84,352

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 420 Calculation of Equipment Costs: The Division conducted market research into the cost of the seven (7) categories of specified equipment required to be maintained in each stockpile.5 Based on research into a minimum of two types of each equip - ment, based on popularity and market availability, and the price that they were being sold at 3–5 businesses, the estimated cost per item was determined to be as follows, as of mid–February 2022: N95s: $1.12 Powered Air–purifying Respirators: $1100.60 Elastomeric Respirators: $17.88 Surgical Masks: $0.50 Isolation Gowns: $1.76 Eye Protection: $5.77 Shoe Covers: $0.38 Based on the estimated cost per item of specified equipment and the number of additional units of spec- ified equipment that the population of 54 local hospi - tals would be required to amass to bring their stock - pile into compliance under the regulatory definition, the total additional costs of equipment that would be incurred by local government to bring its general acute care hospitals into compliance under the regula- tory definition would be $789,163.00.

Cost Adjustment to Reflect Potential 2021 Consumption Total Increase: Because the foregoing calculations were based on 2019 and 2020 consumption totals and thus reflect the costs that employers would incur to bring their stock - piles into compliance under the regulatory definition in year 2021, the estimated cost was adjusted to ac - count for the fact that the costs that employers will incur to bring their stockpiles into compliance at the time that the proposed regulation would go into effect, Fall 2022, may be higher if a hospital’s consumption totals increased in 2021.

Under the proposed regulation, because of the 200% cap on 2 nd year consumption totals, the most that a stockpile can increase from year to year is by 150%. The Division took the most conservative approach and assumed the maximum 150% increase from 2020 to 2021.

Assuming a 150% increase in consumption totals in each category of specified equipment in 2021, the to - tal cost of the additional amounts of the seven catego- ries of specified equipment required to bring all 54 lo- cal general acute care hospitals into compliance un - der the proposed regulation in the year 2022 would be $1,183,745.00. 5 N95 filtering facepiece respirators, powered air–purifying respirators with high efficiency particulate air filters, elastomer - ic air–purifying respirators and appropriate particulate filters or cartridges, surgical masks, isolation gowns, eye protection, and shoe coverings.

Calculation of Storage Costs: In addition to the cost incurred by an employer for additional equipment needed to bring its stockpile into compliance under the regulatory definition, local hospitals may also incur costs to store the additional equipment. The exact storage capacity of individual hospitals is unknown.

Where additional storage space of 60 square feet or less would be required for the addition - al equipment procured to bring a stockpile into com - pliance under the proposed regulation, it is presumed that, particularly given the size of the facilities at is - sue and the amount of storage required to store the fa- cility’s pre–existing equipment stockpiles, the amount of additional space needed was marginal and could be accommodated by the facility’s existing storage capacity.

Where more than 60 additional square feet would be required, although facilities of these sizes would like be able to accommodate that need with exist - ing resources, the Division nevertheless calculated the yearly cost of a storage facility for the addition - al equipment.

The total additional storage costs per year for local general acute care hospitals would be approximately $13,728.00. 6 Future Annual Costs: If consumption totals remain stable or decline, an employer will not incur additional equipment costs un- der the proposed regulation because if the annual con- sumption totals do not increase, neither will the over - all required size of the stockpile under the regulatory definition. Once the stockpile is brought into compli - ance, it must be “maintained” at that level, pursuant to the requirements of Labor Code 6403.3(c).

The costs to an Employer to maintain its stockpile at existing levels would only include the replacement costs that would arise depending upon equipment usage rates. Such replacement costs would be incurred under the statutory stockpile requirement, regardless of the in - stant proposed regulation.

Thus, under circumstanc - es were consumption levels have not increased beyond the totals from the preceding year, the only costs an af- fected employer would incur under the proposed regu- lation would be continuing storage costs, if any. 6 All package dimensions and number of units per equipment package type were provided by the Division of Occupational Safety and Health’s Calibration and Inventory Control (CALICO) Laboratory.

In each category, the number of additional units of each equipment category that was required was divided by the number of units per package, to determine the number of pack - ages needed. That total was then multiplied by the square footage of the package to determine total square footage needed. Those amounts were then multiplied by 150% to determine the highest amount of square footage that would be needed in the year 2022, when the regulation would go into effect.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 421 The Division cannot predict future consumption levels, however, with regard to the current COVID–19 pandemic, it is reasonable to expect that consump - tion levels will likely stabilize, yet remain elevated in amounts consistent with 2021 consumption levels, in 2022. For this reason, the Division built into its calcu- lations the 150% cost increase described above.

It is also reasonable to expect that beginning in 2023 and beyond, consumption totals will likely remain sta- ble, as the current pandemic shifts into an endemic phase, or begin to decrease towards pre–pandemic lev- els. Because it is not expected that consumption totals will continue to increase after the year 2022, the addi- tional equipment costs incurred by affected employers under the proposed regulation after that year would be de minimus. The only continuing costs would be the storage costs, if any, required to accommodate the ad- ditional equipment amounts described above.

Based on data received from a consulting firm hired by the Division to do market research on the cost of storage space in various locales, the estimated aver - age offsite storage costs in the state was $13 per square foot. The total costs that would be incurred by local gov- ernment would be an initial cost of $1,197,473.00, with ongoing costs of $13,728.00 per year. Cost Impact on a Representative Private Person or Business: The proposal does not impose any costs on private persons who are not employers.

Using the cost estimates for each specified catego - ry of equipment and the average amount of addition - al equipment in each category required per hospital, by capacity, described in detail above, the average ad- ditional equipment costs that a representative private general acute hospital would incur to bring its stat - utory stockpile into compliance under the regulatory definition is $16,920.00. 7 Average estimated storage costs for a representative private general acute hospi - tal would be $318.00.

The proposed regulation would result in an initial annual cost of approximately $17,238.00 for a repre - sentative private general acute care hospital with on - going annual costs of approximately $318.00.

Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including The Ability Of California Businesses To Compete: The Division has made an initial determination that this proposal will not result in a significant, statewide adverse economic impact directly affecting business - es, including the ability of California businesses to compete with businesses in other states. 7 This amount includes the 150% adjustment factor to account for the potential increase in consumption totals in 2021.

The proposed regulation is not a new requirement but rather defines a term used in an existing obliga - tion. The scope of businesses potentially economi - cally impacted by the regulation is very narrow— approximately 415 general acute care hospitals. The hospitals affected by this regulation are already re - quired to stockpile specified equipment in compli - ance with Labor Code

section 6403.3(c). The average costs that would be incurred per hospital are approxi - mately $17,238.00. Generally speaking, the additional costs incurred by each hospital is proportionate to its size, with smaller hospitals incurring lower additional equipment and storage costs and vice versa. For each hospital, such costs are marginal in comparison to the costs incurred for daily PPE usage, let alone total op - erational costs of the business.

As such, the Division does not believe that the additional costs created by the proposed regulation will adversely economical - ly impact these businesses or impact their ability to compete. Results of Economic Impact Assessment: The Division has estimated that the costs to private business, to bring statutory stockpiles into compliance under the regulatory definition of “normal consump - tion,” would be approximately $7,862,535.00. The an- nual cost for a typical private general acute care hos - pital would be $17,238.00 in the first year and $318.00 in continuing annual costs.

For the discrete catego - ry of businesses affected by this proposed regulation, general acute care hospitals, these costs are marginal compared to not only the overall costs of PPE required for daily use, but hospital operations as a whole. As such, the proposed regulation should not result in any changes to hiring practices within existing companies or to the number or size of businesses in the state.

The Division does not anticipate that there would be suffi- cient economic impact to reduce the number of gen - eral acute care hospitals in the state or to create new businesses to address requirements created by the proposal. The total statewide savings that would result from the proposed regulation cannot be quantified. If health- care workers have sufficient levels of protective equip- ment, there will be fewer disruptions to patient care caused by the need to preserve equipment or by the ab- sence of healthcare workers due to illness.

The num - ber, frequency and extent of future surge events, how- ever, are unknown and there is little data distinguish - ing deaths/illnesses of healthcare workers from occu - pational exposure as opposed to exposures from oth - er sources. Although the benefits cannot be quantified, ensuring sufficient protective equipment is available in the event of a surge event, whether created by an ill- ness or otherwise, will result in improved health for California health care workers and reduce the finan - cial costs caused by medical care and lost workdays,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 422 costs which may be borne by employees, their fami - lies, employers, insurers and public benefits programs. Benefits of the Proposed Action The regulation will provide employers with clear di- rection as to what their obligations are under the Labor Code 6403.3(

c) stockpile requirement, so that they can in turn satisfy that requirement, and it will enable the Division to consistently and uniformly enforce the re- quirement. This will result in heightened occupational safety and health for impacted hospital workers. The regulation will help ensure that healthcare workers have sufficient levels of protective equipment, particularly during periods of heightened demand, to safely perform their work, thus minimizing exposures and the potential for illness.

It will also help avoid dis- ruptions to patient care caused by the need to preserve equipment or by the absence of healthcare workers due to illness. This will reduce the financial costs caused by medical care and lost workdays. Additionally, minimizing exposures and result - ing illnesses of healthcare workers will help reduce transmissions in the workplace, including transmis - sions between healthcare workers and patients and be- tween healthcare workers and their families, friends, and members of the public.

Thus, this proposed regu - lation, by promoting the health and safety of health - care workers, will mean more effective containment of COVID–19 or any subsequent infectious disease for the public at large. This regulation is expected to be neutral to and will provide neither a benefit nor a detriment to the state’s environment. Cost or Savings in Federal Funding to the State: None. Significant Effect on Housing Costs: None. Small Business Determination: California Government Code

section 11346.3 de - fines small businesses as businesses that are inde - pendently owned and operated, not dominant in their field of operation, and have fewer than 100 employees. Specifically excluded from the definition are entities organized as non–profits and health care facilities that exceed 150 beds or one million five hundred thousand dollars ($1,500,000) in annual gross receipts. The Division is not aware of any general acute care hospitals operating in the state that meet this definition. Business Report: The proposed regulation would not subject affected businesses to a reporting requirement. ALTERNATIVES STATEMENT In accordance with Government Code

section 11346.5, subdivision (a)(13), the Division must deter- mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the proposed 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 per - sons and equally effective in implementing the statu - tory policy or other provision of law than the proposal described in this Notice.

The Division invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation at the scheduled public hear - ing or during the written comment period. CONTACT PERSONS Non–substantive inquiries concerning the Proposed Rulemaking, such as requests for copies of the text of the proposed amendments, and the location of public records, may be directed to Mary Ann David at (510) 286–7348 or mdavid@dir.ca.gov. Inquiries regarding the substance of the proposed amendments may be di- rected to Lisa Brokaw at (510) 286–6958 or lbrokaw@ dir.ca.gov.

A VAILABILITY OF TEXT OF PROPOSED REGULATION, INITIAL STATEMENT OF REASONS, AND RULEMAKING FILE The full text of the Proposed Rulemaking, and all information upon which the Proposed Rulemaking is based, are available upon request from the contact per- sons named in this Notice. As of the date of publication of this Notice, the rulemaking file for the Proposed Rulemaking consists of the Notice, the Initial Statement of Reasons, the proposed text of the regulation, and the Economic and Fiscal Impact Statement (Form 399).

As public com - ments are received during the rulemaking process, they will be added to the rulemaking file. The Division’s rulemaking file of the Proposed Rulemaking is available for inspection and copying throughout the rulemaking process, Monday through Friday, from 9:00 a.m. to 5:00 p.m., at 1515 Clay Street, Suite 1901, Oakland, CA 94612. The full text of the Proposed Rulemaking, and all information upon which the Proposed Rulemaking is based, also may be accessed through the agency’s Internet website at www.dir.ca.gov/dosh/rulemaking/dosh_rulemaking_ proposed.html.

AVAILABILITY OF CHANGES FOLLOWING PUBLIC HEARING After considering all timely and relevant com - ments received, the Division may adopt the Proposed Rulemaking substantially as described in this Notice.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 423 If the Division makes modifications which are suffi - ciently related to the originally proposed text, it will make the modified text (with the changes clearly indi- cated) available to the public for at least 15 days before it adopts the amendments as revised. Any such modi - fications also will be posted on the Division’s website. Please send requests for copies of any modified amendments to the attention of Mary Ann David at the above telephone number or e–mail address.

The Division will accept written comments on the mod - ified regulations for 15 days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Mary Ann David at the above telephone number or e–mail ad - dress. The Final Statement of Reasons may also be ac- cessed on the Division’s website at: www.dir.ca.gov/dosh/rulemaking/dosh_ rulemaking_proposed.html . If adopted, the Proposed Rulemaking will appear in Title 8, California Code of Regulations, Sections 340.70. TITLE 9.

DEPARTMENT OF REHABILITATION Basic Competitive Grant Award Process The Department of Rehabilitation (hereinafter “DOR” or “Department”) proposes to adopt the pro - posed regulations described below after considering all comments, objections, and recommendations re - garding the proposed action. PUBLIC HEARING The Department will hold a virtual public hearing on June 1, 2022, at 9:00 a.m. Attendees may participate via Zoom online meet - ing platform or telephone conferencing.

To partici - pate via Microsoft Teams online meeting platform please email Legal@dor.ca.gov by 4:00 p.m. on May 31, 2022, to request a link to the meeting. A link to the meeting will also be posted on the Department’s Calendar which may be accessed on the front page of the Department’s website at www.dor.ca.gov, no later than 8:00 a.m. the morning of the hearing. To partici - pate by telephone, call one of the following numbers: (408) 638–0968; (669) 900–6833; (253) 215–8782; (346) 248–7799; (312) 626–6799; (646) 876–9923; or (301) 715–8592. The meeting ID is 843 6400 0076 and passcode is 36104780.

Closed captioning will be available within the Zoom meeting application. The Department is providing American Sign Language interpreters for this event. The interpreters will be available within the Zoom meeting application. As a reasonable accommodation, limited in per - son seating may be available at the hearing in the Department’s conference room, 721 Capitol Mall, Sacramento, CA 95814. Attendees must comply with all COVID–19 safety protocols. Please contact Michele Welz at Legal@dor.ca.gov or (916) 558–5825 by 4:00 p.m. on May 20, 2021, if an accommodation is necessary.

Participants will be given instructions on how to provide oral comment once they have accessed the hearing. The hearing will continue on the date not - ed above until all testimony is submitted, or until 12:00 p.m., whichever is later. At the hearing, any per- son may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Digest. The Department requests, but does not require, that persons who make oral com - ments at the hearing also submit a written copy of their testimony via email to Legal@dor.ca.gov.

WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to: Department of Rehabilitation Office of Legal Affairs and Regulations Attention: Michele Welz, Regulations Analyst 721 Capitol Mall, Sacramento, California 95814 Comments may also be submitted by facsimile to (916) 558–5806 or email to Legal@dor.ca.gov. The written comment period closes at 5:00 p.m. on June 1, 2022. The Department will consider only comments received at the Department by that time.

AUTHORITY AND REFERENCE Welfare and Institutions Code sections 19006 and 19016 authorize the Department to adopt these pro - posed regulations. The proposed regulations imple - ment, interpret, and make specific 34 Code of Federal Regulations

part 76.770. INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW The Department, as the designated state unit in California for vocational rehabilitation and

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 424 independent living, awards grant funds where permit - ted by statute through a competitive solicitation pro - cess based on an evaluation of applications. (Welfare and Institutions Code, § 4357.1; 29 U.S.C. §§ 713, 721 et seq., 3003). Federal regulations require DOR to es - tablish procedures for reviewing and approving ap - plications for grants funded with federal dollars. (34 C.F.R. § 76.770.) While there are existing regula - tions applicable to the Department’s competitive grant awards in the California Code of Regulations, title 9,

section 7334, the current regulations do not provide a description of the process. The proposed regulations will establish the information or elements that must be included in the Department’s requests for applications, requirements for Evaluation Panel members, review and evaluation, grant award, and appeal processes. Anticipated Benefits of the Proposed Regulation The broad objective of the proposed regulations is to establish a basic competitive grant award process that will increase consistency and promote transparency in the Department’s award of grants through a competi - tive process.

Evaluation of Inconsistencies and Incompatibility with Existing State Regulations The Department has determined that the proposed regulations are not inconsistent or incompatible with existing regulations. After conducting a review for any regulation that would relate to or affect this area, the Department has concluded that these are the only regulations that concern the Department’s competitive grant award process. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None.

Cost or savings to any state agency: The proposed regulations clarify and standardize DOR’s basic com - petitive grant award process across its programs. The fiscal impact is difficult to quantify, given the variety of staff and the various needs of stakeholders involved in DOR’s different grant programs.

There is potential for a minimal increase in staff time spent drafting, sending, and posting communications to stakeholders and grant applicants at specified points in the grant process, including the appeals processes (proposed sections 7333.6, 7333.8, 7333.15, 7333.16, 7333.17, and 7333.18) and ensuring that application review and scoring procedures were followed before announce - ment of the grant award (proposed sections 7333.7, 7333.12, 7333.17, and 7333.18).

The DOR expects that any increased staff time, as described above, will be offset by the reviews provided in proposed sections 7333.7, 7333.12, and 7333.18. By conducting these reviews, DOR will determine wheth- er procedures were followed and resolve procedural errors prior to notice of award, thereby reducing time and resources otherwise spent on appeals and re–eval- uation of grant applications. The proposed regulations will not affect any other state agency or program. Costs to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None.

Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: None. The agency is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action. Statewide adverse economic impact directly affect - ing businesses and individuals: None. Significant effect on housing costs: None.

Results of the Economic Impact Analysis or Assessment The Department concludes that it is: (1) unlikely that the proposed regulations will eliminate any jobs, (2) unlikely that the proposed regulations will create jobs, (3) unlikely that the proposed regulations will create any new business, (4) unlikely that the proposed reg - ulations will eliminate any existing businesses, and (5) unlikely that the proposed regulations will result in the expansion of businesses currently doing busi - ness with the state.

Benefits of the Proposed Action: The proposed reg- ulations will better inform applicants and the public of grant application requirements and award process, in - crease consistency and transparency, and benefit the health and welfare of California residents. The state’s environment and workers safety will remained un - changed by this proposed action.

Small Business Determination: The Department has determined that these proposed regulations will not affect small businesses, as the entities that may be interested in the Department’s competitive grants do not meet the definition of small business provided in Government Code

section 11342.610. Grant opportu - nities are open to entities, typically nonprofits, with demonstrated experience with the provision of voca - tional rehabilitation, independent living, or similar services to persons with disabilities. For its assistive technology lending program grant, the Department has permitted for–profit entities with assistive tech - nology device expertise to apply. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Department must determine that no

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 425 reasonable alternative it considered or that has other - wise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed, 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 the law.

The Department invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the proposed regulations during the written comment period. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Department of Rehabilitation Office of Legal Affairs and Regulations Attention: Michele Welz, Regulations Analyst 721 Capitol Mall, Sacramento, California 95814 Telephone: (916) 558–5825 Facsimile: (916) 558–5806 Email: Legal@dor.ca.gov The backup contact person for these inquiries is Lisa Niegel, Chief Counsel, at (916) 558–5825 or Legal@ dor.ca.gov.

Please direct requests for copies of the Proposed Text of the Regulations, Proposed Text of the Regulations with Word Cues, Initial Statement of Reasons, Modified Proposed Text of Regulations, if any, or oth- er information upon which the rulemaking is based to Michele Welz at the address above. These docu - ments are also available on the Department’s website at www.dor.ca.gov. The Department will also provide copies of the regulation proposal in large print, braille, on audiotape, compact disk, or transmit copies of the regulation proposal electronically, upon request.

The Department shall provide, upon request, a nar - rative description of the proposed changes includ - ed in the proposed action, in the manner provided by Government Code

section 11346.6, to accommodate a person with a visual or other disability for which ef - fective communication is required under state or fed - eral law. Providing the description of proposed chang- es may require extending the period of public com - ment on the proposed action for the requesting party. A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above ad - dress by appointment and on its website at www.dor. ca.gov.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice of Proposed Rulemaking, Proposed Text of the Regulations, and Initial Statement of Reasons. The Proposed Text of Regulations with Word Cues, in - dicating strikeout and underline, is also available in the rulemaking file and on the Department’s website. To request copies or make an appointment to inspect the rulemaking file at the Department’s office, please contact Michele Welz at the address, email, or phone number listed above.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After the public hearing and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice. If the Department makes modi - fications sufficiently related to the originally proposed text, it will make the modified text (with the chang - es clearly indicated) available to the public for at least 15 calendar days before the Department adopts the regulations as revised.

Please send requests for cop - ies of any modified regulations to the attention of Michele Welz at the address or email indicated above. The Department will accept written comments on the modified regulations for 15 calendar days after the date on which they were made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Michele Welz at the address or email above. The Final Statement of Reasons will also be available on the Department’s website at www.dor.ca.gov.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, Proposed Text of the Regulations with underline and strikeout, Proposed Text of Regulations with Word Cues indicating strikeout and underline, and Initial Statement of Reasons are available on the Department’s website at www.dor.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 426 Electronic submittal: https://www.arb.ca.gov/lispub/comm/ bclist.php Please note that under the California Public Records Act (Gov. Code, § 6 250 et seq.), your written and oral comments, attachments, and associated contact infor - mation (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request. Additionally, the Board requests but does not re - quire that persons who submit written comments to the Board reference the title of the proposal in their comments to facilitate review.

AUTHORITY AND REFERENCE This regulatory action is proposed under the au- thority granted in California Health and Safety Code, sections 38560, 39002, 39003, 39500, 39600, 39601, 39602.5, 43013, 43016, 43018, 43101, 43104, 43105, and 43600. This action is proposed to implement, inter - pret, and make specific sections 38562, 39002, 39003, 39602.5, 39667, 43000, 43013, 43016, 43018, 43018.5, 43100, 43102, 43104, 43105, 43106, 43107, 43204, 43205.5, and 43600. INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT OVERVIEW (Gov.

Code, § 11346.5, subd. (a)(3)) Existing statutes declare that emissions from motor vehicles with internal combustion engines are a signif- icant public health threat. Existing statutes direct the Board to “endeavor to achieve the maximum degree of emission reduction possible from vehicular and oth- er mobile sources to accomplish the attainment of the state [ambient air quality] standards [for air pollution] at the earliest practicable date.” 1 The Board has adopted numerous regulations, in - cluding those cited below that are proposed to be amended, to reduce harmful emissions from motor ve- hicles.

These existing regulations establish emission standards for vehicle exhaust and evaporative emis - sions from vehicles with internal combustion engines. These existing regulations also require manufactur - ers of motor vehicles to produce and deliver for sale in California zero–emission vehicles in an increasing percentage of their total deliveries. The Advanced Clean Cars II proposal regulations will amend and extend these existing regulations, identified below under Sections Affected, to fur - ther reduce harmful pollution from light– and medi - um–duty motor vehicles.

The proposed regulations 1 Health & Safety Code, § 43018. TITLE 13. A IR RESOURCES BOARD Notice of Public Hearing to Consider Proposed Advanced Clean Cars II Regulations The California Air Resources Board (CARB or Board) will conduct a public hearing at the date and time noted below to consider the proposed Advanced Clean Cars II (ACC II) rulemaking. Date: J une 9, 2022 Time: 9 :00 a.m. In–Person Location: C alifornia Air Resources Board B yron Sher Auditorium 1 001 I Street S acramento, California 95814 Remote Option: Z oom This public meeting may continue at 8:30 a.m., on June 10, 2022.

Please consult the public agenda, which will be posted ten days before the June 9, 2022, Board Meeting, for important details, including, but not lim - ited to, the day in which this item will be consid - ered, how to participate via Zoom, and any appropri - ate direction regarding a possible remote–only Board Meeting if needed. WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS In accordance with the Administrative Procedure Act, interested members of the public may present comments orally or in writing during the hearing and may provide comments by postal mail or by elec- tronic submittal before the hearing.

The public com - ment period for this regulatory action will begin on Friday, April 15, 2022. Written comments not submit- ted during the hearing must be submitted on or af - ter Friday, April 15, 2022, and received no later than Tuesday, May 31, 2022. Comments submitted outside that comment period are considered untimely. CARB may, but is not required to, respond to untimely com - ments, including those raising significant environ - mental issues.

The Board also encourages members of the public to bring to the attention of staff in advance of the hearing any suggestions for modification of the proposed regulatory action. Comments submitted in advance of the hearing must be addressed to one of the following: Postal mail: C lerks’ Office, California Air R esources Board 1 001 I Street S acramento, California 95814

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 427 will increase the stringency of existing regulations to ensure emissions are reduced under a wider range of conditions under which vehicles are used and will transition new light–duty vehicle sales in California to 100% zero–emission by 2035. In addition to the sub - stantive proposals, several conforming changes are proposed to related regulations to maintain consisten - cy with existing regulations and maintain existing re - quirements in regulations that are not being proposed for amendment.

Sections Affected: Proposed adoption to California Code of Regulations, title 13, sections 1961.4, 1962.4, 1962.5, 1926.6, 1962.7, and 1962.8. Proposed amendment to California Code of Regulations, title 13, sections 1900, 1961.2, 1961.3, 1962.2, 1962.3, 1965, 1968.2, 1969, 1976, 1978, 2037, 2038, 2112, 2139, 2140, 2147, 2317, 2903. Documents Incorporated by Reference (Cal.

Code Regs., title 1, § 20, subdivision (subd.) (c)(3)): Although there are a number of documents that are incorporated by reference in the above–mentioned adopted and amended regulations and their associat - ed test procedures, which are themselves incorporat - ed by reference into the regulations, only those docu - ments that are newly incorporated by this rulemaking are noted below. The following documents are incorporated by refer- ence in the specified regulations: ● SAE International, 2017.

J1772: “Electric Vehicle and Plug in Hybrid Electric Vehicle Conductive Charger Coupler” as revised by SAE International in October 2017, in

Section 1962.3 (c)(1) and

Section 1962.4 (e)(3)(A)4. ● SAE International, 2015. SAE J1962: SAE J1962 “Diagnostic Connector”, July 2016 (SAE J1962), in

Section 1962.5(b) ● SAE International, 2022. SAE J1979–3 “E/E Diagnostic Test Modes: Zero Emission Vehicle Propulsion Systems on UDS (ZEVonUDS)”, published draft March 2022 (SAE J1979–3), in

Section 1962.5(b) ● SAE International, 2021. SAE J1979–DA, “Digital Annex of E/E Diagnostic Test Modes”, April 2021, in

Section 1962.5(b) ● SAE International, 2016. SAE J2012 “Diagnostic Trouble Code

Definitions”, December 2016 (SAE J2012), in

Section 1962.5(b) ● SAE International, 2013. SAE J2012–DA_201812 “Digital Annex of Diagnostic Trouble Code

Definitions and Failure Type Byte

Definitions”, December 2018 (SAE J2012–DA), in

Section 1962.5(b) ● SAE International, 2021. SAE J2984 “Chemical Identification of Transportation Batteries for Recycling” SEP 2021, (SAE J2984), in

Section 1962.6 (b)(1)(A). ● SAE International, 2020. SAE J2288 “Life Cycle Testing of Electric Vehicle Battery Modules”, November 2020 (SAE J2288), in

Section 1962.6 (b)(1)(B) ● SAE International, 2017. J1930: “Electrical/ Electronic Systems, Diagnostic Terms,

Definitions, Abbreviations, and Acronyms— Equivalent to ISO/TR 15031–2,” as revised by SAE International in March, 2017 (copyrighted), in

Section 1969(f)(2)(K)1 ● SAE International, 2014. J2403: “Medium/Heavy– Duty E/E Systems Diagnosis Nomenclature,” as revised by SAE International in February, 2014 (copyrighted), in

Section 1969(f)(2)(K)2 ● UL, LLC, 2016. UL 2594. “Standard for Electric Vehicle Equipment” as adopted by UL in December 2016, in

Section 1962.3 (c)(3)(D) ● International Standards Organization, 2015. ISO 18004:2015, “Information technology— Automatic identification and data capture tech - niques—QR Code bar code symbology spec - ification”, adopted February 2015, in

Section 1962.6(b)(3)(B) ● CARB 2021a. “Data Record Reporting Procedures for Over–the–Air Reprogrammed Vehicles and Engines Using SAE J1979–2”, December 2021, in

Section 1962.5(c)(6)(B). ● “California 2015 Through 2025 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures And 2017 And Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures For Passenger Cars, Light–Duty Trucks, And Medium–Duty Vehicles”, of which the title has changed, dated [INSERT DATE], re- incorporated by reference with a changed title in sections 1961.2, 1965, 2037, and 2038, and is Appendix B–1 of the Initial Statement of Reasons ● “California 2026 And Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures for Passenger Cars, Light–Duty Trucks, And Medium–Duty Vehicles”, dat - ed [INSERT DATE], in sections 1961.2, 1961.4, 1965, 2037, 2038, 2140, and 2903, is Appendix B–2 of the Initial Statement of Reasons ● “California Evaporative Emission Standards and Test Procedures For 2001 Through 2025 Model Passenger Cars, Light–Duty Trucks, Medium– Duty Vehicles, And Heavy–Duty Vehicles And 2001 And Subsequent Model Motorcycles”, ad - opted August 1999, amended [INSERT DATE],

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 428 re–incorporated by reference with a changed ti - tle in

section 1976, and is Appendix B–3 of the Initial Statement of Reasons ● “California Evaporative Emission Standards and Test Procedures For 2026 And Subsequent Model Year Passenger Cars, Light–Duty Trucks, Medium–Duty Vehicles, And Heavy– Duty Vehicles”, dated [INSERT DATE], in sec - tion 1976, and is Appendix B–4 of the Initial Statement of Reasons ● “California Refueling Emission Standards and Test Procedures For 2001 And Subsequent Model Motor Vehicles”, adopted August 1999, amended [INSERT DATE], in

Section 1978 to reflect new amended date, and is Appendix B–5 of the Initial Statement of Reasons ● “California Non–Methane Organic Gas Test Procedures For 2017 And Subsequent Model Year Vehicles”, dated [INSERT DATE], in

Section 1961.4, and in

Section 1961.2 to reflect new amended date, and is Appendix B–6 of the Initial Statement of Reasons ● “California Test Procedures For Evaluating Substitute Fuels And New Clean Fuels In 2015 And Subsequent Years” amended [INSERT DATE], in

Section 2137 to reflect new amended date, and is Appendix B–7 of the Initial Statement of Reasons ● “California Exhaust Emission Standards and Test Procedures For 2018 Through 2025 Model Zero– Emission Vehicles and Hybrid Electric Vehicles, In The Passenger Car, Light–Duty Truck And Medium–Duty Vehicle Classes”, of which the title has changed, dated [INSERT DATE], re– incorporated by reference with a changed title in sections 1961.2 and 1962.2, and is Appendix B–8 of the Initial Statement of Reasons ● “California Test Procedures for 2026 and Subsequent Model Zero–Emission Vehicles and Plug–In Hybrid Electric Vehicles, in the Passenger Car, Light–Duty Truck and Medium– Duty Vehicle Classes”, dated [INSERT DATE], incorporated by reference in sections 1961.4 and 1962.4, and is Appendix B–9 of the Initial Statement of Reasons The following documents are incorporated by ref - erence in the “California 2015 through 2025 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light–Duty Trucks, and Medium–Duty Vehicles”: ● SAE International, 2017.

J1930: “Electrical/ Electronic Systems, Diagnostic Terms,

Definitions, Abbreviations, and Acronyms—Equivalent to ISO/TR 15031–2,” as revised by SAE International in March, 2017. Copyrighted. The following documents are incorporated by ref - erence in the “California 2026 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures for Passenger Cars, Light–Duty Trucks, and Medium–Duty Vehicles”: ● ASTM Standard D975, 2021. “Standard Specification for Diesel Fuel,” ASTM International, West Conshohocken, PA, 2010.

Copyrighted. ● ASTM Standard D5769, 2010. “Standard Test Method for Determination of Benzene, Toluene, and Total Aromatics in Finished Gasoline by Gas Chromatography/Mass Spectrometry,” ASTM International, West Conshohocken, PA, 2010. Copyrighted. ● SAE International, 2010. J1711: “Recommended Practice for Measuring the Exhaust Emissions and Fuel Economy of Hybrid–Electric Vehicles, Including Plug–in Hybrid Vehicles,” as revised by SAE International in June, 2010. Copyrighted. ● SAE International, 2017. J1930: “Electrical/ Electronic Systems, Diagnostic Terms,

Definitions, Abbreviations, and Acronyms— Equivalent to ISO/TR 15031–2,” as revised by SAE International in March, 2017. Copyrighted. ● SAE International, 2017. J1979: “E/E Diagnostic Test Modes,” as revised by SAE International in February, 2017. Copyrighted. ● SAE International, 2020. J2807: “Performance Requirements for Determining Tow–Vehicle Gross Combination Weight Rating and Trailer Weight Rating,” as revised by SAE International in February, 2020. Copyrighted.

The following documents are incorporated by refer- ence in the “California Evaporative Emission Standards and Test Procedures For 2026 And Subsequent Model Year Passenger Cars, Light–Duty Trucks, Medium– Duty Vehicles, And Heavy–Duty Vehicles”: ● “California 2026 And Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures for Passenger Cars, Light–Duty Trucks, And Medium–Duty Vehicles”, dated [INSERT DATE], Appendix B–2 to the Initial Statement of Reason (ISOR) The following documents are incorporated by refer- ence in the “California Refueling Emission Standards and Test Procedures For 2001 And Subsequent Model Motor Vehicles”: ● “California 2026 And Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures for Passenger Cars, Light–Duty Trucks, And Medium–Duty Vehicles”, dated

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 15-Z 429 [INSERT DATE], Appendix B–2 to the Initial Statement of Reason (ISOR) ● “California Test Procedures for 2026 and Subsequent Model Zero–Emission Vehicles and Plug–In Hybrid Electric Vehicles, in the Passenger Car, Light–Duty Truck and Medium– Duty Vehicle Classes”, dated [INSERT DATE], Appendix B–9 to the Initial Statement of Reason (ISOR) ● “California Evaporative Emission Standards and Test Procedures For 2026 A