GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2019, NUMBER 30−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JULY 26, 2019 PROPOSED ACTION ON REGULATIONS TITLE 3. DEPARTMENT OF PESTICIDE REGULATION Expanding Carbaryl Designation as a Restricted Material — Notice File Number Z2019−0716−04 ............ 1075 TITLE 5. BOARD OF EDUCATION English Language Proficiency Assessment for California — Notice File Number Z2019−0716−01 ............. 1079 TITLE 14.

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Conflict−of−Interest Code — Notice File Number Z2019−071 1−01 ...................................... 1081 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Fish and Game Code

Section 1653 Consistency Determination Request for Hamilton Road 5.76km Powderhouse Creek Fish Passage Improvement (Tracking Number: 1653−2019−040−001−R1), Del Norte County ....................................... 1082 DEPARTMENT OF FISH AND WILDLIFE Fish and Game Code

Section 1653 Consistency Determination Request for Horse Creek Lawrence/Morgan Wood Loading Project (Tracking Number: 1653−2019−042−001−R1), Siskiyou County ........................................ 1083 DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Number 1653−2019−039−001−R1, Lost River Groundwater and Streamflow Project, Mendocino County ............................................. 1083 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Prospective Purchaser Agreement ................................................................ 1085 FISH AND GAME COMMISSION Notice of Receipt of Petition to List Mountain Lion under California Endangered Species Act (CESA) ........................................................ 1086 (Continued on next page) Time- Dated Material

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Extension of the Public Comment Period Concerning Notice of 15−Day Modification to Text of Proposed Regulation Title 27, California Code of Regulations — Proposed Amendment to Sections 25821(

a) and (

c) Level of Exposure to Chemicals Causing Reproductive Toxicity: Calculating Intake by the Average Consumer of a Product (Previously Published in Notice Register 2019, Number 27−Z) .................................. 1086

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 1087 2019 RULEMAKING CALENDAR (Incorporated by Reference) Special Note ................................................................................. 1089 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 REGULA TORY 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 2019, VOLUME NUMBER 30-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 3. DEPARTMENT OF PESTICIDE REGULATION Expanding Carbaryl Designation as a Restricted Material DPR Regulation No. 19−003 The Department of Pesticide Regulation (DPR) pro- poses to amend subsection 6400(

c) and (

e) of Title 3, California Code of Regulations (3 CCR). Pesticide products containing the active ingredient carbaryl are designated as California restricted materials, with some exemptions. The proposed action will make all carbaryl products California restricted materials, with the excep- tion of baits labeled only for agricultural use. SUBMITTAL OF COMMENTS Any interested person, or his or her authorized repre- sentative, may present comments in writing about the proposed action to the agency contact person named be- low. Written comments must be received no later than 5:00 p.m. on September 10, 2019.

Comments regarding this proposed action may also be transmitted via e−mail to <dpr19003@cdpr.ca.gov> or by facsimile at 916−324−1491. A public hearing is not scheduled. However, one will be scheduled if any interested person submits a written request to DPR no later than 15 days prior to the close of the written comment period. 1 EFFECT ON SMALL BUSINESS DPR has determined that the proposed regulatory ac- tion does affect small businesses. 1 If you have special accommodation or language needs, please include this in your request for a public hearing.

TTY/TDD speech−to−speech users may dial 7−1−1 for the California Relay Service. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW DPR protects human health and the environment by regulating pesticide sales and use and by promoting reduced−risk pest management. DPR’s oversight in- cludes product evaluation and registration; statewide li- censing of commercial and private pesticide applica- tors, pest control businesses, dealers, and advisers; en- vironmental monitoring; and residue testing of fresh produce. This statutory scheme is set forth primarily in Food and Agricultural Code (FAC) Divisions 6 and 7.

Pesticides are registered and licensed for use and sale with the U.S. Environmental Protection Agency (U.S. EPA) prior to being registered in California. DPR’s pre- registration evaluation is in addition to U.S. EPA’s eval- uation. Before a pesticide is registered, both agencies require data on a product’s toxicology and chemistry to evaluate how it behaves in the environment; its effec- tiveness against target pests and hazards it poses to non− target organisms; its effect on fish and wildlife; and its degree of worker and bystander exposure.

Carbaryl is a broad spectrum, carbamate insecticide that inhibits acetylcholinesterase in the nervous system of targeted insects. It is used in both agricultural and non−agricultural (including residential) settings for control of numerous insects and is effective through ei- ther ingestion or absorption through bodily contact. Carbaryl products are available in granule (including bait), liquid concentrate, liquid ready−to−use, and dust ready−to−use formulations. Carbaryl products labeled for most agricultural uses are currently designated as California restricted materi- als under 3 CCR

section 6400, with several exemptions. Under subsection 6400(c), carbaryl products are ex- empted from designation as California restricted mate- rials if they meet all of the following criteria: (1) formu- lated as a dust, packaged in containers greater than 25 pounds, and labeled for outdoor use; (2) carbaryl is the only active ingredient; and (3) labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by pub- lic agency vector control districts pursuant to

section 116180 of the Health and Safety Code, Subsection 6400(

e) further exempts other formulations of carbaryl from designation as restricted materials, including: (1) products formulated as a bait; or (2) labeled only for one or more of the following uses: use directly on livestock or poultry, home use, structural pest control, industrial use, institutional use, or use by public agency vector control districts. In accordance with FAC

section 14015, restricted materials can only be possessed or used by, or under the direct supervision of, a certified private applicator or a certified commercial applicator. 3 CCR

section 6000 1075

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z defines certified commercial applicator to include a person holding a valid structural pest control operator or field representative license issued by the Structural Pest Control Board. In California, a person is certified by taking and passing an examination to demonstrate they have the knowledge and proficiency required to use restricted materials, and by maintaining their certi- fication through continuing education courses.

Gener- ally, the purchase, possession, and use of a restricted material are allowed only under a permit issued by a lo- cal county agricultural commissioner (CAC). DPR publishes risk characterization documents (RCDs) for pesticide active ingredients to evaluate the extent and likelihood of adverse health effects on hu- mans who may be exposed to a particular amount of a pesticide. In 2014, DPR’s RCD for carbaryl identified several exposure scenarios of concern, including sce- narios exempted from the restricted materials designa- tion in subsections 6400(

c) and (e). These exposures of concern were associated with the following scenarios: residential handler exposure during application of home use carbaryl products via backpack or dust appli- cation equipment; residential adult and toddler expo- sure via reentry onto turf treated with carbaryl products; and residential toddler exposure via hand−to−mouth transfer, object−to−mouth transfer, or soil ingestion. FAC sections 14004.5 and 14005 authorize the Direc- tor to adopt a list of restricted materials based upon cri- teria, including danger of impairment of public health.

A California−restricted material can only be sold in stores that have a DPR−issued dealer license authoriz- ing the sale of restricted materials, and can only be pur- chased by certified applicators and, if purchasers are not structural pest control applicators, those with a restrict- ed materials permit issued by the CAC.

This proposed action will further limit the purchase and use of all car- baryl products to only certified applicators from a DPR−licensed pest control dealer, and will require a re- stricted materials permit for application of all products containing carbaryl, except when formulated as a bait and labeled only for the production of agricultural plant commodities. DPR proposes to amend subsections 6400(

c) and (

e) to make all carbaryl products that could lead to residen- tial and bystander exposure when applied in and around residences California restricted materials. DPR proposes to delete carbaryl from subsection 6400(c)(2), thus removing the exemption for carbaryl products formulated as a dust and packaged in contain- ers of more than 25 pounds from being designated as a restricted material.

By removing carbaryl exemptions listed in subsection 6400(c)(2), inhalation and dermal exposure risks for residents and bystanders would be re- duced or eliminated when products containing carbaryl are applied in and around homes; industrial sites, such as restaurants and retail nurseries; institutional sites, such as schools and hospitals; or when it is applied for vector control. Such products would need to be applied by a certified applicator who is trained to be aware of the precautions and dangers related to use of the product. DPR also proposes to narrow the exemptions in 6400(

e) to just bait formulations labeled only for agri- cultural use. Most of the current, unrestricted products containing carbaryl are sold for home use only and are in a bait form that can be used on lawns. By making these non−agricultural baits California restricted mate- rials, the risk of adults and toddlers being exposed to carbaryl−treated turf is reduced since these products will not be available for homeowners and other un- trained individuals in such areas, and will only be used by a certified applicator who is trained to be aware of reentry restrictions for carbaryl−treated turf.

By making products labeled for home use, structural pest control, or institutional use California restricted materials, the potential for residential and bystander ex- posure will be reduced for scenarios such as reentry on- to carbaryl−treated turf; loading and application by non−supervised applicators (such as homeowners or residents) of carbaryl products using a dust formula- tion; and residential toddler exposure via hand−to− mouth transfer, object−to−mouth transfer, or soil inges- tion.

As carbaryl products would only be applied by trained and certified applicators, exposures from these scenarios will either be completely eliminated or signif- icantly lowered. This proposed action will also make products labeled for use on livestock or poultry, industrial use, or use by public agency vector control districts California re- stricted materials, since there are no currently regis- tered carbaryl products labeled for these uses.

If a new use for livestock, poultry, industrial sites, or vector con- trol is submitted to DPR, product evaluation would be completed to determine if the product can be used safely. By making all carbaryl products California restricted materials (except baits labeled only for agricultural use), these products can only be sold to, purchased by, possessed by, and used by persons holding a restricted materials permit issued by their local CAC (with the ex- ception of structural pest control operators who will not be required to obtain a permit pursuant to FAC

section 14006.6). The permit requirement provides an effective way for CACs to oversee the use of carbaryl by all other certified applicators. This permit system is unique to California and allows for more specific restrictions, in addition to state restrictions, to be put in place based on site−specific characteristics to address issues that may vary based on site. 1076

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z In addition to eliminating direct general consumer use of carbaryl, designating most carbaryl products as California−restricted materials will allow DPR to col- lect critical information to help fulfill its responsibility to continuously evaluate the impact of carbaryl use and take additional steps to mitigate exposure, if necessary. General consumers have no obligation to report pesti- cide use.

However, certified applicators that use car- baryl under a permit or apply products used for the pro- duction of an agricultural commodity and applicators li- censed by the Structural Pest Control Board must report use as required by Business and Professions Code sec- tion 8505.17. Such reports, to the extent that they indi- cate who, where, and in what amount these products are being used, could inform decisions to further mitigate any reported adverse impacts.

The specific benefit anticipated from the regulation is increased protection of public health through the reduc- tion of potential unintended exposures to residential by- standers. Eliminating most current exemptions to the restricted materials designation for carbaryl would en- sure that only trained applicators are utilizing these products, reducing the likelihood of unintended expo- sures to homeowners and children, and residential han- dlers who currently use carbaryl.

During the process of developing these regulations, DPR conducted a search of any similar regulations on this topic and has concluded that these proposed regula- tions are neither inconsistent nor incompatible with ex- isting state regulations. DPR is the only California state agency that has the authority to regulate the sale and use of pesticides. No other California state agency has the authority to designate pesticides as restricted materials. DPR is not aware of any California state agencies regu- lating the use of carbaryl.

IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS DPR has determined that the proposed regulatory ac- tion does not impose a mandate on local agencies or school districts, nor does it require reimbursement by the state pursuant to

Part 7 (commencing with

section 17500) of Division 4 of the Government Code, because the regulatory action does not constitute a “new pro- gram or higher level of service of an existing program” within the meaning of

section 6 of

Article XIII of the California Constitution. DPR has also determined that no nondiscretionary costs or savings to local agencies or school districts are expected to result from the pro- posed regulatory action. CAC offices will be the local agencies responsible for enforcing the proposed regulations. DPR anticipates that there will be no fiscal impact to these agencies. DPR establishes an annual work plan with the CACs, which already requires the CACs to conduct pesticide use inspections and investigations and to enforce com- pliance with California pesticide laws and regulations.

COSTS OR SA VINGS TO STATE AGENCIES DPR has determined that no savings or increased costs to any state agency will result from the proposed regulatory action. EFFECT ON FEDERAL FUNDING TO THE STATE DPR has determined that no costs or savings in feder- al funding to the state will result from the proposed action. EFFECT ON HOUSING COSTS DPR has made an initial determination that the pro- posed action will have no effect on housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES DPR has made an initial determination that adoption of this regulation will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to com- pete with businesses in other states. COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES DPR has made an initial determination that the adop- tion of this regulation is unlikely to have a significant cost impact on representative private persons or busi- nesses.

The agency is not aware of any cost impacts that a representative private business would necessarily in- cur in reasonable compliance with the proposed action. However, DPR recognizes that when homeowners no longer have access to carbaryl products, they may have to buy alternative products, which will cost an addition- al $0.20 per individual annually over the lifetime of the regulation. These additional costs faced by homeown- ers should not significantly affect or have any adverse economic impact on their entire disposable household income. 1077

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z RESULTS OF THE ECONOMIC IMPACT ANALYSIS Impact on the Creation, Elimination, or Expansion of Jobs/Businesses: DPR has determined the proposed regulatory action will create an additional 1.9−3.9 jobs, but not eliminate any jobs in California; is unlikely to result in the creation of new businesses or the elimina- tion of existing businesses; and has the potential to cre- ate more business for businesses currently selling alter- native products and for pest control businesses within the State of California.

Benefit to the environment, worker safety, and the health of California residents: Eliminating most current exemptions to the restricted materials designation for carbaryl would ensure that only trained applicators are utilizing these products, reducing the likelihood of un- intended exposures to homeowners and children, and residential handlers who currently use carbaryl.

CONSIDERATION OF ALTERNATIVES DPR must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed regulatory action, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of the law.

AUTHORITY This regulatory action is taken pursuant to the author- ity vested by FAC sections 14004.5 and 14005. REFERENCE The proposed regulations implement, interpret, or make specific FAC sections 14004.5 and 14005. A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS DPR has prepared an Initial Statement of Reasons and has available the express terms of the proposed ac- tion, all of the information upon which the proposal is based, and a rulemaking file.

A copy of the Initial State- ment of Reasons and the proposed text of the regulation may be obtained from the agency contact person named in this notice. The information upon which DPR relied in preparing this proposal and the rulemaking file are available for review at the address specified below. A V AILABILITY OF CHANGED OR MODIFIED TEXT After the close of the comment period, DPR may make the regulation permanent if it remains substantial- ly the same as described in the Informative Digest.

If DPR does make substantial changes to the regulation, the modified text will be made available for at least 15 days prior to adoption. Requests for the modified text should be addressed to the agency contact person named in this notice. DPR will accept written com- ments on any changes for 15 days after the modified text is made available.

AGENCY CONTACT Written comments about the proposed regulatory ac- tion; requests for a copy of the Initial Statement of Rea- sons, and the proposed text of the regulation; and in- quiries regarding the rulemaking file may be directed to: Lauren Otani, Environmental Scientist Department of Pesticide Regulation 1001 I Street, P.O.

Box 4015 Sacramento, California 95812−4015 916−445−5781 Note: In the event the contact person is unavailable, questions on the substance of the proposed regulatory action may be directed to the following back−up person at the same address as noted below: Anna Bellini, Environmental Scientist Worker Health and Safety Branch 916−445−3270 This Notice of Proposed Action, the Initial Statement of Reasons, and the proposed text of the regulation are also available on DPR’s Internet Home Page <http://www.cdpr.ca.gov>.

Upon request, the docu- ments can be made available in another language, or an alternate form as a disability−related accommodation. A V AILABILITY OF FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons mandated by Government Code sec- tion 11346.9(

a) may be obtained from the contact per- son named above. In addition, the Final Statement of Reasons will be posted on DPR’s Internet Home Page and accessed at <http://www.cdpr.ca.gov>. 1078

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z TITLE 5. BOARD OF EDUCATION AMENDMENTS TO CALIFORNIA CODE OF REGULATIONS, TITLE 5, REGARDING ENGLISH LANGUAGE PROFICIENCY ASSESSMENTS FOR CALIFORNIA (ELPAC) NOTICE IS HEREBY GIVEN that the State Board of Education (SBE) proposes to adopt the regulations described below after considering all comments, objec- tions, or recommendations regarding the proposed action.

PUBLIC HEARING California Department of Education (CDE) staff, on behalf of the SBE, will hold a public hearing at 8:30 a.m. on September 9, 2019, at 1430 N Street, Room 1103, Sacramento, California. The room is wheelchair accessible. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action described in the Informative Digest. The SBE requests, but does not require, that per- sons who make oral comments at the public hearing also submit a written

summary of their statements. No oral statements will be accepted subsequent to this public hearing. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to: Patricia Alverson, 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 916−319−0155 or by e−mail to regcomments@cde.ca.gov.

Comments must be received by the Regulations Co- ordinator prior to or on September 9, 2019. All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act. A V AILABILITY 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 regu- lations if the modifications are sufficiently related to the original text.

With the exception of technical or gram- matical changes, the full text of any modified regulation will be available for 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. AUTHORITY AND REFERENCE Authority: Sections 306, 313, 33031, and 60810, Ed- ucation Code.

References: Sections 306, 313, 37200, 51210, 51220, 56034, 56345, 60640, 60810, 60812, and 60900, Edu- cation Code; 20 U.S.C. Sections 1400 et seq., 1401, 1412, 6311, 6312, 6821, 6823, 6825, 6826, 6841, 6843, and 7801; 29 U.S.C.

Section 794 and 34 Code of Feder- al Regulations Parts 200.6 and 300.160. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Education Code

section 313 requires school districts, county offices of education and charter schools, collec- tively referred to as local educational agencies (LEAs), to assess English language proficiency (ELP) of their pupils to the extent required by federal and state law. Assessment of a pupil’s ELP is required upon initial en- rollment after a survey of a pupil’s language indicates a primary or native language other than English, and an- nually thereafter until a pupil is redesignated as English proficient.

The CDE is responsible for the oversight of the state test of ELP, as set forth in Education Code sec- tions 313 and 60810. Assembly Bill (AB) 124 (Chapter 605, Statutes of 2012) required the State Superintendent of Public In- struction, in consultation with the SBE, to update, re- vise, and align English Language Development Stan- dards (ELD Standards) to the State’s English language arts standards. As required by AB 124, the SBE adopted the updated and revised ELD Standards in November 2012. Education Code

section 60810, subdivisions (

d) and (f), requires two separate assessments: (1) an initial as- sessment to determine if a pupil is an English learner (EL), as defined by Education Code

section 306; and 1079

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z (2) an annual summative assessment to identify an EL’s level of ELP, and also to measure an EL’s progress in learning English. Combined, these assessments are de- scribed as the English Language Proficiency Assess- ments for California (ELPAC). The initial and summa- tive ELPAC are aligned to the 2012 ELD Standards, as required by Education Code

section 60810, subdivi- sions (c)(5) and (e)(7) (SB 201,

section 6). The ELPAC assessments replaced the California English Language Development Test, as specified in Education Code sec- tion 60810(f) (SB 201,

section 5) and Education Code

section 60810(h) (SB 201,

section 6). The ELPAC regulations were approved by the Office of Administrative Law (OAL) on June 5, 2017, and be- came effective on October 1, 2017. Based on educator and test examiner feedback from the field test and oper- ational administrations, information from cognitive labs, and changes deemed necessary by the test contrac- tor and the CDE, the CDE proposed amendments to the regulations to the SBE in July 2018. The SBE approved emergency regulations as well as the commencement of the rulemaking process for amendments to the ELPAC regulations.

A 45−day public comment period from July 27, 2018, through September 10, 2018 was held. No public comments were received during this public comment period nor during the public hearing held on September 10, 2018. In November 2018, the SBE re− adopted the emergency regulations and approved the permanent rulemaking that was submitted to OAL for final approval. The OAL approved the regulations on January 1, 2019.

Anticipated Benefits of the Proposed Regulation The benefits of the proposed regulations include statewide consistency for the administration and scor- ing of the initial and summative ELPAC to all eligible pupils. Also, this would align the administrative proce- dures of the ELPAC to the California Assessment of Student Performance Program, including the proce- dures for alternate assessments, which reduces burdens on local educational agencies. The proposed regula- tions include additional

definitions and assessment− specific language resulting from the transition from a paper−pencil based administration to an online test de- livery system, substantial expansion of resources to in- crease equitable access for pupils, revision of language for electronic score reporting, and revisions to clarify the transition to electronic agreement to testing security forms. These regulations propose a consistent procedure for statewide administration of the ELPAC by local educa- tional agencies so all eligible pupils have access to valid and reliable assessments of ELP, consistent with state and federal law.

Determination of Inconsistency/Incompatibility with Existing State Regulations The CDE reviewed all state regulations relating to ELPAC and found that none exist that are inconsistent or incompatible with these regulations regarding ELPAC testing. DISCLOSURES REGARDING THE PROPOSED ACTION/FISCAL IMPACT The SBE has made the following initial determinations: 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. The proposed regulations do not require a report to be made.

Mandate on local agencies and school districts: None. Cost or savings to any state agency: 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. Other non−discretionary costs or savings imposed on local agencies, including local educational agencies: None. Costs or savings in federal funding to the state: None. Significant, statewide adverse economic impact di- rectly affecting business including the ability of Cali- fornia businesses to compete with businesses in other states: None.

Cost impacts on a representative private person or business: The SBE is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. Effect on housing costs: None. Effect on small businesses: The proposed regulations would have no effect on any small business because the regulations apply to and impact only public LEAs and do not apply to or impact businesses.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS The SBE concludes that it is unlikely that these pro- posed regulations will: 1) create or eliminate jobs with- in California; 2) create new businesses or eliminate ex- isting businesses within California; or 3) affect the ex- pansion of businesses currently doing business within California. Benefits of the Proposed Action: The proposed regu- lations will benefit LEAs by establishing consistent lan- guage throughout the regulations, provide clarification 1080

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z on roles for administration of the initial assessment, communicate approved accommodations, and clean up language based upon changes in test development.

CONSIDERATION OF ALTERNATIVES The SBE must determine that no reasonable alterna- tive it considered, or that has otherwise been identified and brought to the attention of the SBE, would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

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.

CONTACT PERSONS Inquiries concerning the content of this regulation should be directed to: Johanna Harder Education Programs Consultant Assessment Development & Administration Division California Department of Education 1430 N Street, Room 4401 Sacramento, CA 95814 Telephone: 916−319−0651 Inquiries concerning the regulatory process may be directed to the Regulations Coordinator or the backup contact person, Hillary Wirick, Regulations Analyst, at 916−319−0860.

INITIAL STATEMENT OF REASONS AND INFORMATION The SBE has prepared an Initial Statement of Rea- sons for the proposed regulations and has available all the information upon which the proposal is based. TEXT OF PROPOSED REGULATION AND CORRESPONDING DOCUMENTS Copies of the exact language of the proposed regula- tions, the Initial Statement of Reasons, and all of the in- formation upon which the proposal is based, may be ob- tained upon request from the Regulations Coordinator. These documents may also be viewed and downloaded from the CDE’s website at http://www.cde.ca.gov/re/ lr/rr/.

A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file which is available for public inspection by contacting the Reg- ulations Coordinator. You may obtain a copy of the Final Statement of Rea- sons, once it has been finalized, by making a written re- quest to the Regulations Coordinator.

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Ameri- cans with Disabilities Act of 1990, and the Unruh Civil Rights Act, any individual with a disability who requires reasonable accommodation to attend or participate in a public hearing on proposed regulations, may request as- sistance by contacting Johanna Harder, Assessment De- velopment & Administration Division, 1430 N Street, Room 4401, Sacramento, CA, 95814; telephone, 916−319−0651. It is recommended that assistance be requested at least two weeks prior to the hearing. TITLE 14.

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY NOTICE OF INTENTION TO AMEND THE CONFLICT−OF−INTEREST CODE OF THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY NOTICE IS HEREBY GIVEN that the Department of Resources Recycling and Recovery (Department), pursuant to the authority vested in it by

section 87306 of the Government Code, proposes amendment of its conflict−of−interest code. The purpose of these amend- ments is to implement the requirements of sections 87300 through 87302, and

section 87306 of the Govern- ment Code. The Department proposes amending its conflict−of− interest code to include employee positions that involve making decisions or participating in making decisions that may foreseeably have a material effect on any fi- nancial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. These amendments delete position titles that are no longer in use and add position titles that involve making 1081

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z governmental decisions by (1) voting on a matter, (2) obligating or committing the Department, or (3) enter- ing into contractual agreements for the Department. The amendments also add position titles that participate in the making of governmental decisions by (1) negoti- ating on behalf of the Department or (2) advising or making recommendations to the decision maker by (

a) conducting research or (

b) preparing reports, analyses or opinions. These amendments will update the interests in real property certain designated positions are required to disclose to harmonize the required disclosure with reg- ulatory changes adopted by the Fair Political Practices Commission. Copies of the proposed amended conflict−of−interest code are available and may be requested from the Con- tact Person set forth below.

Any interested person may submit written state- ments, arguments, or comments relating to the pro- posed amendments by submitting them in writing no later than September 9, 2019, or at the conclusion of the public hearing, if requested, whichever comes later, to the Contact Person set forth below. At this time, no public hearing has been scheduled concerning the proposed amendments. If any interested person or the person’s representative requests a public hearing, he or she must do so no later than August 26, 2019, by contacting the Contact Person set forth below.

The Department has prepared a written explanation of the reasons for the proposed amendments and has available the information on which the amendments are based. Copies of the proposed amendments, the written explanation of the reasons, and the information on which the amendments are based may be obtained by contacting the Contact Person set forth below. The Department has determined that adopting the proposed amendments: 1. Imposes no mandate on local agencies or school districts. 2. Imposes no costs or savings on any state agency. 3.

Imposes no costs on any local agency or school district that are required to be reimbursed under

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. In making these proposed amendments, the Depart- ment must determine that no alternative considered by the agency would be more effective in carrying out the purpose for which the code is proposed or would be as effective and less burdensome to affected persons than the proposed amendments.

All inquiries concerning this proposed amendment of the conflict−of−interest code and any communication required by this notice should be directed to: Elliot Block Legal Office Department of Resources Recycling and Recovery (CalRecycle) 1001 I Street, MS−24B Sacramento, CA 95814 Telephone: (916) 341−6080 Fax: (916) 319−7138 e−mail: Elliot.Block@CalRecycle.ca.gov GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR Hamilton Road 5.76km Powderhouse Creek Fish Passage Improvement (Tracking Number: 1653−2019−040−001−R1) Del Norte County California Department of Fish and Wildlife (CDFW) received a Request to Approve on July 8, 2019, that Cal- ifornia State Parks proposes to carry out a habitat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed project in- volves replacing a failing culvert with a structurally en- gineered bridge. The proposed project will be carried out on a tributary to the East Fork of Mill Creek, infor- mally named Powderhouse Creek. The project site is lo- cated adjacent to Hamilton Road, 5.76 km from the in- tersection of Hamilton Road and Highway 101, south of Crescent City, Del Norte County, California.

On June 20, 2019, California State Parks submitted to the North Coast Regional Water Quality Control Board (Regional Water Board) a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Hamilton Road 5.76km Powderhouse Creek Fish Passage Improvement. The Regional Water Board is currently reviewing the Project, as described in the NOI, to determine if it is categorically exempt from California Environmental Quality Act (CEQA) review 1082

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z (section 15333 — Small Habitat Restoration Projects) and meets the eligibility requirements for coverage un- der the General 401 Order. The Regional Water Board may issue a Notice of Applicability for coverage under the General 401 Order. California State Parks is requesting a determination that the project and associated documents are complete pursuant to Fish and Game Code

section 1653 subdivi- sion (d). If CDFW determines the project is complete, the District will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) or a Lake or Streambed Alteration Agreement under Fish and Game Code

section 1605 for the proposed project. In accordance with Fish and Game Code

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, California State Parks will have the opportu- nity to submit under Fish and Game Code

section 1652. DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR Horse Creek Lawrence/Morgan Wood Loading Project (Tracking Number: 1653−2019−042−001−R1) Siskiyou County California Department of Fish and Wildlife (CDFW) received a Request to Approve on July 15, 2019, that the Mid Klamath Watershed Council proposes to carry out a habitat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed project involves the installation of 15 Large Woody De- bris jams to create salmonid spawning habitat. The pro- posed project will be carried out on Horse Creek, locat- ed 2.5. miles upstream for the confluence with the Kla- math River, Siskiyou County, California.

On July 1, 2019, the North Coast Regional Water Quality Control Board (Regional Water Board) re- ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Horse Creek Lawrence/Morgan Wood Loading Project.

The Regional Water Board determined that the Project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility requirements for coverage under the General 401 Order. The Regional Water Board is- sued a Notice of Applicability (WDID No. 1A190083WNSI; ECM PIN No. 1A190083WNSI) for coverage under the General 401 Order on July 10, 2019. The Mid Klamath Watershed Council is requesting a determination that the project and associated docu- ments are complete pursuant to Fish and Game Code

section 1653 subdivision (d). If CDFW determines the project is complete, the District will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) or a Lake or Streambed Alteration Agreement under Fish and Game Code

section 1605 for the proposed project. In accordance with Fish and Game Code

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, the Mid Klamath Watershed Council will have the opportunity to submit under Fish and Game Code

section 1652. DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NO. 1653−2019−039−001−R1 Project: Lost River Groundwater and Streamflow Project Location: Mendocino County Applicant: April Newlander, Sanctuary Forest Inc. Background Project Location: The Lost River Groundwater and Streamflow Project (Project) is located approximately 5.6 miles southeast of the intersection of Briceland Thorn Road and Shelter Cove Road, at a property owned by Sanctuary Forest Inc., Assessor Parcel Num- ber (APN) 051−160−01, and affects South Fork Lost River, tributary to Lost River.

The South Fork Lost Riv- er supports populations of Coho Salmon. Project Description: Sanctuary Forest Inc. (Appli- cant) proposes to enhance habitat within South Fork Lost River to provide a net conservation benefit for Co- ho Salmon (Oncorhynchus kisutch) and winter Steel- head trout (O. mykiss). The Project includes installation of approximately 30 instream constructed log and boul- der and/or post−assisted structures using approximately 104 pieces of wood along a reach of South Fork Lost River.

The structures will incorporate fish passage uti- lizing a step pool design that mimics beaver dams as well as naturally occurring bedrock and wood struc- tures in Mattole streams. Secondary structures will be 1083

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z installed as needed to provide cover and complexity in the short term and scour pools in the long term as aggra- dation occurs. The Project also includes construction of an off− channel groundwater recharge and stream flow en- hancement pond. The pond is intended to catch rainwa- ter and enhance stream flows into the summer and fall seasons for juvenile salmonids. The 300,000 gallon pond will be constructed within the footprint of the first phase access road.

The Project will occur in the South Fork of Lost Riv- er, a fish−bearing watercourse that is known to contain coho salmon and steelhead. Lost River experiences very low or intermittent flows during the late summer and fall. In the reach downstream of the project, juve- nile coho salmon were rescued from Lost River in 2015 and 2018 due to pools drying up. The entire Lost River watershed is conserved and there are no human use di- versions; therefore, the only strategy for improving stream flows is to address land use impacts.

The Project design that was reviewed and approved by NMFS Engineering and CDFW’s Fisheries staff. Detailed Project plans, discussion of proposed work, species protection measures, site photos, and maps are on file with CDFW’s Habitat Conservation Planning Branch (HCPB). Project Size: The total area of ground disturbance as- sociated with the Project is approximately 2.29 acres and 461 linear feet. The Applicant has included project size calculations that were used to determine the total size of the Project.

The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical exemp- tion from the California Environmental Quality Act (Cal. Code Regs., tit. 14, § 15333). Project Associated Discharge: Discharge of materials into Waters of the State, as defined by Water Code sec- tion 13050 subdivision (e), resulting from the Project include those associated with the following: (1) 30 in- stream constructed log and boulder and/or post− assisted structures using approximately 104 pieces of wood.

Project Timeframes: Start date: July 2019 Completion date: October 31, 2023 Work window: July 10−October 31 Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration in- tended to improve the quality of waters in California and improve salmonid habitat, the North Coast Region- al W ater Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) No. 1B190062WNHU, Electronic Content Management Identification (ECM PIN) No.

CW−858703) for the Project. The NOA describes the Project and requires the Applicant to comply with terms of the Order. Addition- ally, the Applicant has provided a supplemental docu- ment that sets forth measures to avoid and minimize im- pacts to Coho Salmon and Steelhead trout. Receiving Water: South Fork Lost River, tributary to Lost River, tributary to Mattole River.

Filled or Excavated Area: Permanent area impacted: none Temporary area impacted: 2.29 acres maximum Length permanently impacted: none Length temporarily impacted: 461 linear feet Project Size: 2.29 acres and 461 linear feet Discharge Volume: 135 cubic yards (cy) of rock, 104 logs, 10 bales of rice straw, 2.5 rolls of burlap or coir at 8 feet x 112 feet each, 540 wooden posts, 62 cy soil/clay, 120 cy native vegetation, 120 feet of rebar, 48 nuts and washers Project Location: Latitude: 39.9886 degrees N / Lon- gitude: −123.915degreesW Regional Water Board staff determined that the Project may proceed under the Order.

Additionally, Re- gional Water Board staff determined that the Project, as described in the Notice of Intent (NOI) complies with the California Environmental Quality Act (Pub. Re- sources Code, § 21000 et seq.). On June 17, 2019, the Director of the California De- partment of Fish and Wildlife (CDFW) received a no- tice from the Applicant requesting a determination pur- suant to Fish and Game Code

Section 1653 that the NOA, NOI, and related species protection measures are consistent with the Habitat Restoration and Enhance- ment Act (HREA) with respect to the Project. Pursuant to Fish and Game Code

section 1653 subdi- vision (c), CDFW filed an initial notice with the Office of Administrative Law on June 18, 2019, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. Notice File Number Z−2019−0618−01) on June 28, 2019. Upon ap- proval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (f). Determination CDFW has determined that the NOA, NOI, and relat- ed species protection measures are consistent with HREA as to the Project and meets the conditions set forth in Fish and Game Code

section 1653 for authoriz- ing the Project. Specifically, CDFW finds that:

(1) The Project pur- pose is voluntary habitat restoration and the Project is not required as mitigation; (2) the Project is not part of a 1084

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z regulatory permit for a non−habitat restoration or en- hancement construction activity, a regulatory settle- ment, a regulatory enforcement action, or a court order; and (3) the Project meets the eligibility requirements of the State Water Resources Control Board’s Order for Clean Water Act

Section 401 General Water Quality Certification for Small Habitat Restoration Projects. Avoidance and Minimization Measures The avoidance and minimization measures for Project, as required by Fish and Game Code

section 1653, subdivision (b)(4), were included in an attach- ment to the NOI, which contains the following cate- gories:

(1) Construction−period Water Quality Protec- tion and Erosion and Sedimentation Control Measures;

(2) Post−construction and Sediment Control and Water Quality Protection Requirements;

(3) General Program Conditions for Vegetation Management; and

(4) Gener- al Measures to Avoid Impacts on Biological Resources. The specific avoidance and minimization requirements are found in an attachment to the NOI, Appendix B of the Basis of Design Report for Lost River Groundwater and Streamflow Enhancement Project with further mit- igation measures listed in the NMFS’s Biological Opin- ion attached separately. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Moni- toring and Reporting Plan provides a timeline for restoration, performance standards, and monitoring pa- rameters and protocols. Specific requirements of the plan are found in an attachment to the NOI, Appendix B of the Basis of Design Report for Lost River Groundwa- ter and Streamflow Enhancement Project with further monitoring measures listed in the NMFS’s Biological Opinion attached separately.

Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects requires the Ap- plicant to submit a Notice of Completion (NOC) no lat- er than 30 days after the project has been completed. A complete NOC includes at a minimum:  photographs with a descriptive title;  date the photograph was taken;  name of the photographic site;  WDID number and ECM PIN number indicated above;  success criteria for the Project.

The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Project description as provided in the Applicant’s NOI. Appli- cant shall include the project name, WDID number, and ECM PIN number with all future inquiries and docu- ment submittals. Pursuant to Fish and Game Code sec- tion 1653, subdivision (g), the Applicant shall submit the monitoring plan, monitoring report, and notice of completion to CDFW as required by the General Order. Applicant shall submit documents electronically to: scott.monday@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

section 1654, CDFW’s approval of a habitat restoration or enhance- ment project pursuant to

section 1652 or 1653 shall be in lieu of any other permit, agreement, license, or other approval issued by the department, including, but not limited to, those issued pursuant to

Chapter 6 (com- mencing with

section 1600) and

Chapter 10 (commenc- ing with

section 1900) of this Division and

Chapter 1.5 (commencing with

section 2050) of Division 3. Addi- tionally, Applicant must adhere to all measures con- tained in the approved NOA and comply with other con- ditions described in the NOI. If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Ap- plicant shall be required to obtain a new consistency de- termination from CDFW. (See generally Fish & G.

Code, § 1654, subd. (c).) DEPARTMENT OF TOXIC SUBSTANCES CONTROL NOTICE OF PUBLIC COMMENT PERIOD July 26, 2019 to August 26, 2019 PROSPECTIVE PURCHASER AGREEMENT NP OAKLEY LLC. 6000 Bridgehead Road, Oakley, California 94561 Para información en español por favor comuníquese con Veronica Lopez−Villasenor al número (916) 255−3651.

WHAT IS BEING PROPOSED? — The Depart- ment of Toxic Substances Control (DTSC) invites the public to review and comment on a Prospective Pur- chaser Agreement (PPA) with NP Oakley, LLC and Chemours Company FC, LLC (Chemours) regarding the Chemours Oakley Site located at 6000 Bridgehead Street, Oakley, CA 95461. Under the proposed PPA, Chemours will continue to conduct corrective action at the Site under the 2003 corrective action consent agree- ment. NP Oakley LLC will perform other tasks, includ- ing addressing soil vapor intrusion subject to certain conditions as described in the PPA.

In return, a covenant not to sue will be granted to NP Oakley by DTSC. The proposed PPA includes contribution protection provid- 1085

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z ed in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

section 113(f)(2), 42 U.S.C. § 9613(f)(2). HOW CAN I GET INVOLVED? — DTSC will consider public comments on the PPA that are post- marked or received by August 26, 2019. DTSC may withdraw consent to enter into the PPA if such com- ments disclose facts or considerations that indicate the PPA is inappropriate, improper or inadequate.

Com- ments should be addressed to: Carrie Tatoian−Cain, DTSC Project Manager (Please include “NP OAKLEY LLC.” in the subject line of your letter or email) Department of Toxic Substances Control 8800 Cal Center Drive, Sacramento, CA 95826 Carolyn.Tatoian−Cain@dtsc.ca.gov WHERE DO I GET INFORMATION?

Copies of these documents, key technical reports, and other site−related information are available: In Person (By Appointment only): DTSC Sacramento Regional Office Filing Room 8800 Cal Center Drive Sacramento, CA 95826 (916) 255−3758 (call for appointment) By Internet: DTSC Envirostor Website https://www.envirostor.dtsc.ca.gov/public/profile_ report?global_id=60002740 Please click on the Community Involvement tab By Mail (Per your request): Carrie Tatoian−Cain DTSC Project Manager Department of Toxic Substances Control 8800 Cal Center Drive Sacramento, CA 95826 FISH AND GAME COMMISSION NOTICE OF RECEIPT OF PETITION NOTICE IS HEREBY GIVEN that, pursuant to the provisions of

Section 2073.3 of the Fish and Game Code, the California Fish and Game Commission (Commission), on June 25, 2019, received a petition from the Center for Biological Diversity and the Moun- tain Lion Foundation to list an evolutionarily signifi- cant unit (ESU) of mountain lions (Puma concolor) in southern and central coastal California as threatened or endangered under the California Endangered Species Act. Mountain lions require large areas of relatively undisturbed habitats with adequate connectivity to al- low for dispersal and gene flow.

They have large home ranges which often consist of a mix of habitat types in- cluding coniferous forests, riparian and oak woodlands, streams, chaparral, grasslands, and desert. Pursuant to

Section 2073 of Fish and Game Code, on July 5, 2019, the Commission transmitted the petition to the California Department of Fish and Wildlife (De- partment) for review pursuant to

Section 2073.5 of said code. The Commission will receive the petition at its August 7−8, 2019, meeting in the Natural Resources Building Auditorium, First Floor, 1416 Ninth Street, Sacramento. It is anticipated that the Department’s evaluation and recommendation relating to the petition will be received by the Commission at its October 9−10, 2019, meeting in San Diego County. Interested parties may contact Ms. Esther Burkett, California Department of Fish and Wildlife, P.O.

Box 944209, Sacramento, CA 94244−2090 or email Esther.Burkett@wildlife.ca.gov, or telephone (916) 445−3764 for information on the petition or to submit information to the Department relating to the petitioned species. Submission of information via email is preferred. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT PROPOSITION 65 NOTICE OF EXTENSION OF THE PUBLIC COMMENT PERIOD FOR THE NOTICE OF MODIFICATION TO TEXT OF PROPOSED REGULATION PROPOSED AMENDMENTS TO SECTIONS 25821(

A) AND (

C) LEVEL OF EXPOSURE TO CHEMICALS CAUSING REPRODUCTIVE TOXICITY: CALCULATING INTAKE BY THE A VERAGE CONSUMER OF A PRODUCT (Posted on OEHHA’s website on July 12, 2019) A Notice of Modification of Text of Proposed Regu- lation announcing modifications to the text of the pro- posed amendments to

Article 8 of Title 27 of the Cali- fornia Code of Regulations,

section 25821 was pub- lished in the California Regulatory Notice Register on July 5, 2019. The July 5th notice initiated a 15−day pub- lic comment period that was scheduled to close on July 22, 2019. 1086

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z At the request of the Grocery Manufacturers Associa- tion, California Chamber of Commerce, and a coalition of interested entities (“Coalition”) OEHHA hereby ex- tends the public comment period. The comment period will now close on Monday, August 5, 2019. The public is encouraged to submit written comments electronical- ly via e−mail or through our website at https://oehha.ca. gov/comments rather than in paper form. Send e−mail comments to P65Public.Comments@oehha.ca.gov . Please include “Calculating Exposure” in the subject line.

Hard−copy comments may be mailed, faxed, or de- livered in person to the address below. Monet Vela Office of Environmental Health Hazard Assessment P. O. Box 4010, MS 23 11F Sacramento, California 95812−4010 Telephone: 916−323−2517 Fax: 916−323−2610 E−mail: monet.vela@oehha.ca.gov

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH SECRETARY OF STATE This

Summary of Regulatory Actions lists regula- tions filed with the Secretary of State on the dates indi- cated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request.

File# 2019−0531−04 BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS Geology Education This action clarifies educational and experience re- quirements for applicants seeking licensure as a profes- sional geologist or professional geophysicist, certifica- tion in a specialty in geology or geophysics, and certifi- cation as a geologist−in−training.

Title 16 ADOPT: 3022, 3022.1, 3022.2 AMEND: 3031 Filed 07/11/2019 Effective 10/01/2019 Agency Contact: Kara Williams (916) 263−5438 File# 2019−0606−02 BOARD OF BEHAVIORAL SCIENCES Update Supervision−Related Requirements and Forms This change without regulatory effect aligns a num- ber of regulations and incorporated forms concerning requirements for supervisors with recent changes made to the Business and Professions Code by Assembly Bill 93 (Stats. 2018, Ch. 743).

Title 16 AMEND: 1821, 1822, 1833.1, 1870, 1870.1 REPEAL: 1874 Filed 07/17/2019 Agency Contact: Christy Berger (916) 574−7817 File# 2019−0530−04 BOARD OF EDUCATION California Assessment of Student Performance & Progress This certificate of compliance action by the State Board of Education makes permanent OAL File No. 2019−0122−03E, which amended the regulations that govern the California Assessment of Student Perfor- mance and Progress (CAASPP) examination to align state standards with standardized testing guidelines of the Smarter Balanced Assessment Consortium.

Title 5 AMEND: 850, 851, 854.1, 854.2, 854.3, 854.4, 859, 862, 863 Filed 07/11/2019 Effective 07/11/2019 Agency Contact: Hillary Wirick (916) 319−0860 File# 2019−0604−01 CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION Application of the Fee Collection Procedures Law The California Department of Tax and Fee Adminis- tration (Department) submitted this file and print action to add a California battery fee, a manufacturer battery fee, a cannabis excise tax, and a cannabis cultivation tax to a regulation that sets forth fees and taxes collected by the Department under the Fee Collection Procedures Law (Rev. & Tax.

Code

section 55001 et seq.). The De- partment is authorized to collect these additional fees and taxes under the Fee Collection Procedures Law pur- suant to the enactment of various statutes in A.B. 2153 (Stats.2016, ch. 666) and Proposition 64 (2016). The Department is also adding two reference citations to the regulation that relate to the collection of these addition- al fees and taxes. 1087

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z Title 18 AMEND: 3500 Filed 07/10/2019 Effective 07/10/2019 Agency Contact: Richard Bennion (916) 455−2130 File# 2019−0627−06 DEPARTMENT OF CORRECTIONS AND REHABILITATION Pilot Program — Indecent Exposure This action to repeal

section 3999.24 of Title 15 of the California Code of Regulations (CCR) is exempt from the Administrative Procedure Act pursuant to Penal Code

section 5058.1(b). At the request of the Depart- ment of Corrections and Rehabilitation, OAL filed this repeal with the Secretary of State and will publish it in the CCR. Title 15 REPEAL: 3999.24 Filed 07/15/2019 Effective 07/15/2019 Agency Contact: Jon Struckmann (916) 445−2276 File# 2019−0605−02 DEPARTMENT OF INDUSTRIAL RELATIONS Order Regulating Wages and Hours in Agricultural Occupations This action amends Wage Order 14−2001 regarding minimum wages for sheepherders employed on a regu- larly

schedule 24−hour shift on a seven−day−a−week on−call basis. The Department of Industrial Relations submitted this action for filing and printing pursuant to Labor Code

section 1182.13(d). Title 8 AMEND: 11140 Filed 07/15/2019 Effective 07/15/2019 Agency Contact: Laura Moskowitz (415) 703−5252 File# 2019−0711−01 DEPARTMENT OF JUSTICE Revised Tobacco Escrow Agreement This emergency rulemaking action readopts amend- ments to the requirements for establishing and main- taining qualified tobacco escrow accounts to ensure that Non−Participating Manufacturers (NPMs) of tobacco products and their escrow agent banks properly hold, track, and monitor tobacco escrow funds on deposit for the benefit of California.

Title 11 AMEND: 999.12 REPEAL: 999.13 Filed 07/17/2019 Effective 07/25/2019 Agency Contact: Barry Alves (916) 210−7838 File# 2019−0528−02 DEPARTMENT OF MANAGED HEALTH CARE Financial Solvency of Risk−Bearing Organizations This rulemaking action by the Department of Man- aged Health Care (Department) amends seven sections in title 28 of the California Code of Regulations to up- date the definition of “organization,” update financial solvency standards, and revise requirements for the re- porting of financial solvency.

The Department is also adopting three new financial survey forms to be used by risk−bearing organizations. Title 28 AMEND: 1300.75.4, 1300.75.4.1, 1300.75.4.2, 1300.75.4.5, 1300.75.4.7, 1300.75.4.8, 1300.76 Filed 07/10/2019 Effective 10/01/2019 Agency Contact: Jennifer Willis (916) 324−9014 File# 2019−0606−01 DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Administrative Certification for Reusable Grocery Bags The Department of Resources Recycling and Recov- ery proposed this action to adopt seven regulations un- der a new

article that establish an administrative certifi- cation fee and procedures for certifying reusable gro- cery bags by reusable grocery bag producers manufac- turing, importing, distributing, or selling reusable gro- cery bags in California.

Title 14 ADOPT: 17988.1, 17988.2, 17988.3, 17988.4, 17988.5, 17988.6, 17988.7 Filed 07/17/2019 Effective 07/17/2019 Agency Contact: Kate Nitta (916) 341−6067 File# 2019−0611−01 STATE ALLOCATION BOARD Full−Day Kindergarten Facilities Grant Program This action makes permanent the emergency regula- tions implementing the Full−Day Kindergarten Facili- ties Grant Program which appropriated $100,000,000 from the General Fund to the State Allocation Board to provide one−time grants to school districts to construct 1088

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z new or retrofit existing school facilities for the purpose of providing full−day kindergarten classrooms.

Title 2 ADOPT: 1860, 1860.1, 1860.2, 1860.3, 1860.4, 1860.5, 1860.6, 1860.7, 1860.8, 1860.9, 1860.10, 1860.10.1, 1860.10.2, 1860.10.3, 1860.11, 1860.12, 1860.13, 1860.14, 1860.15, 1860.16, 1860.17, 1860.18, 1860.19, 1860.20, 1860.21 Filed 07/17/2019 Effective 07/17/2019 Agency Contact: Lisa Jones (916) 376−1753 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quarter.

For additional information on actions taken by OAL, please visit www.oal.ca.gov. 2019 RULEMAKING CALENDAR Special Note In an effort to conserve resources, the 2019 Rulemak- ing Calendar is being incorporated by reference into this edition of the California Regulatory Notice Regis- ter (CRNR). The 2019 Rulemaking Calendar is accessible through the following means: 1. Electronic copies are available from the Office of Administrative Law upon request by emailing staff@oal.ca.gov. 2. Your nearest depository library.

Go to http://www.library.ca.gov/government− publications/state−document−depository− program/depositories/ for a list of California depository libraries. 3. Hard copies are available. Please contact Thomson Reuters at 1−888−728−7677. The cost of the printed calendar is $30.00. Subscribers of the Notice Register may obtain at no extra charge a hard copy of the Rulemaking Calendar upon request. 1089

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 30-Z 1090