Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 5–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW FEBRUARY 2, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2024–0123–04 .......................................... 91 AMENDMENT MULTI COUNTY: Central California Alliance for Health TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Guava Fruit Fly Eradication Area — Notice File Number Z2024–0117–02 ................................... 92 TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Cannabis Appellations Program — Notice File Number Z2024–0122–03 .................................. 94 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

Section 4500 Noxious Weed Species — Notice File Number Z2024–0122–01 .................................. 98 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Animal Blood Banks — Notice File Number Z2024–0123–02 ............................................. 100 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE White Striped Fruit Fly Eradication Area — Notice File Number Z2024–0123–05 ............................. 103 TITLE 4. HORSE RACING BOARD Intra–Articular Injections Restricted — Notice File Number Z2024–0123–03 ................................ 106 TITLE 5.

BUREAU FOR POSTSECONDARY EDUCATION Public Institutions — Notice File Number Z2024–0123–06 ............................................... 109 TITLE 5. STUDENT AID COMMISSION Public Interest Attorney Loan Repayment Program (PIALR Program) — Notice File Number Z2024–0119–02 ................................................................................. 112 (Continued on next page)

TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD General Industry Safety Orders — Notice File Number Z2024–0104–01 ..................................... 114 TITLE 9. DEPARTMENT OF STATE HOSPITALS Conflict–of–Interest Code — Notice File Number Z2024–0119–01 ......................................... 116 TITLE 10. DEPARTMENT OF INSURANCE Revisions to California Automobile Assigned Risk Plan of Operations — Notice File Number Z2024–0122–04 ................................................................................. 117 TITLE 10.

DEPARTMENT OF INSURANCE Revisions to California Low–Cost Automobile Plan of Operations — Notice File Number Z2024–0122–05 ................................................................................. 120 TITLE 14. FISH AND GAME COMMISSION Mammal Hunting — Notice File Number Z2024–0123–07 ................................................ 123 TITLE 15. BOARD OF STATE COMMUNITY CORRECTIONS Minimum Standards for Local Detention Facilities — Notice File Number Z2024–0123–01 ..................... 131 TITLE 15.

PRISON INDUSTRY AUTHORITY Grievance and Appeals — Notice File Number Z2024–0122–02 ........................................... 133 TITLE 16. BOARD OF BEHA VIORAL SCIENCES Unprofessional Conduct — Notice File Number Z2024–0117–03 .......................................... 137 TITLE 16.

DENTAL HYGIENE BOARD Mobile Dental Hygiene Clinics; Issuance of Approval; and Registered Dental Hygienist in Alternative Practice, Physical Facility Registration — Notice File Number Z2024–0117–01 ..................... 140 GENERAL PUBLIC INTEREST DEPARTMENT OF DEVELOPMENTAL SERVICES Notice of General Public Interest Concerning the Department of Health Care Services’ Requesting Input on Proposed Amendments to Medi–Cal Home and Community Based (HCBS) 1915(

c) Waiver for the Developmentally Disabled, Regarding the Full Implementation of the 2019 Rate Study on Rate Reform .................................................. 144 (Continued on next page)

DEPARTMENT OF DEVELOPMENTAL SERVICES Notice of General Public Interest Concerning the Department of Health Care Services’ Requesting Input on Proposed Amendments to Medi–Cal Home and Community Based (HCBS) 1915(

c) Waiver for the Developmentally Disabled, Regarding Telehealth and New Service Provider Type ......................................................................... 145 DECISION NOT TO PROCEED DEPARTMENT OF PESTICIDE REGULATION Pesticide Decontamination Sites .................................................................... 146

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 146 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 91 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Central CA Alliance for Health A written comment period has been established commencing on February 2, 2024, and closing on March 18, 2024.

Written comments should be directed to the Fair Political Practices Commission, Attention Belen Cisneros, 1102 Q Street, Suite 3050, Sacramen- to, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code will be submitted to the Commission’s Executive Director for their review, unless any interested person or their duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hear- ing before the full Commission. If a public hearing is requested, the proposed code will be submitted to the Commission for review.

The Executive Director of the Commission will review the above–referenced conflict–of–interest code, proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon their own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed code to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar - guments, or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code.

Any written com - ments must be received no later than March 18, 2024. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses, or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code–reviewing body for the above conflict–of– interest codes shall approve codes as submitted, revise the proposed code, and approve it as revised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict–of– interest code should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, telephone (916) 322–5660.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Commission should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 92 3050, Sacramento, California 95811, telephone (916) 322–5660. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

SECTION 3591.13 GUAVA FRUIT FLY ERADICATION AREA The Department of Food and Agriculture (Depart - ment) proposes to amend Title 3 of the California Code of Regulations (CCR)

Section 3591.13 Guava Fruit Fly Eradication Area. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email.

The writ - ten comment period closes on March 18, 2024. The Department will consider only comments received at the Department offices by that date or postmarked no later than March 18, 2024. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street, Sacramento, CA 95814 916.654.1017 Permits@cdfa.ca.gov Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Karen Olmstead at (916) 403–6879 or karen.olmstead@cdfa.ca.gov.

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

Section 3591.13 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5761, 5762, 5763, and 5764 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of this amendment to

Section 3591.13 (

a) is to expand the area in which the State may eradicate infestations of Bactrocera correcta , Guava fruit fly (GFF) using established means and methods and update the host list in

Section 3591.13 (

b) to har - monize it with the most current available information. EXISTING LAWS & REGULATIONS Existing law, FAC

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

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

Section 5321. Existing law, FAC

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

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

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 93 Existing law, FAC

Section 5764, provides that if an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment. Expenditures, if any, allocated for the replacement nursery stock shall not exceed an amount which is budgeted for the purpose or approved by the Director of Finance.

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT The adoption of this regulation provides the neces - sary regulatory authority to eradicate a serious insect pest; this is a mandated, statutory goal.

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

There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code

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

Section 3591.13 and has determined that it is are not inconsistent or incom- patible with existing state regulation. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act of 1970 (Public Resources Code

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

Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. There is no reimbursable costs or savings under

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code to local agencies or school districts and no nondiscretionary costs or savings to local agencies or school districts, will result from the amendment of 3423 and 3591.2. Cost or savings to any state agency: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative person or business would neces - sarily incur in reasonable compliance with the pro - posed action.

Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be min - imal/non–consequential. The Department makes the initial determination that the proposed action will not have a significant, statewide adverse economic impact. Significant effect on housing costs: None. Small business determination: The proposed regu - lation would be unlikely to affect small business.

The Department has been conducting eradication actions throughout the state for over 30 years without causing significant creation or elimination of jobs or causing any other significant impact on businesses. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the

Section 3591.13 amendment (1) will have no significant impact on the creation or elimination of jobs in California, (2) will have no impact on the creation or elimination of businesses within California, (3) will have no impact on the expansion of businesses within California, (4) is expected to benefit the health and welfare of Cali - fornia residents, (5) is expected to benefit the state’s environment, and (6) is not expected to harm or bene- fit workers’ safety. The health and welfare of California residents: The regulation benefits industries (nursery, fruit for do - mestic use and exports, packing facilities), the envi -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 94 ronment (urban landscapes), and the overall California economy by preventing the spread of GFF. The ag - ricultural industry is one of the economic engines in the state. Negative impacts to agriculture impact the state’s economy and the general welfare of the State. The state’s environment: The amendment of this regulation benefits environment (urban landscapes) by providing the Department an eradication program to prevent the artificial spread of the GFF over short and long distances.

GFF spread could cause an increase in pesticide use by industry and homeowners. CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

The Department invites interested persons to pres - ent alternatives during the written comment period. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action and has made avail- able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html).

A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request. The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE CANNABIS APPELLATIONS PROGRAM NOTICE IS HEREBY GIVEN that the California Department of Food and Agriculture (Department) proposes to amend regulations to

Chapter 2, Cannabis Appellations Program, within Title 3 of the California Code of Regulations. With this rulemaking, the De - partment will propose permanent regulations after the consideration of all comments, objections, and recom- mendations regarding the proposed action. The Department is issuing this notice to meet re - quirements set forth in Government Code

section 11346.5. PUBLIC HEARING The Department will hold a virtual public hearing at the following date and time listed below: Tuesday, March 19, 2024 11:00 a.m. to 1:00 p.m. Attendees may participate via Zoom online meet - ing platform or telephone conferencing. To participate via Zoom online meeting platform please contact Eric Duran at Eric.Duran@cdfa.ca.gov or (916) 387–5887 by 4:30 p.m. on March 15, 2024, to request a link to the meeting. The link to the meeting will also be posted on the Department’s website no later than 9:00 a.m. the day of the hearing.

As a reasonable accommodation, limited in–person seating may be available at the hearing in the Depart - ment Hearing Room, 1220 N Street, Sacramento, CA 95814. Attendees must comply with all COVID–19 safety protocols. Please contact Eric Duran at Eric. Duran@cdfa.ca.gov or (916) 387–5887 by 4:30 p.m. on March 11, 2024, if an accommodation is necessary. Participants will be given instructions on how to provide oral comment once they have accessed the

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 95 hearing. The hearing will proceed on the date noted above until all testimony is submitted or 1:00 p.m., whichever is later. At the hearing, any person may present oral or written statements or arguments rel - evant to the proposed action described in the Infor - mative Digest. The Department requests, but does not require, that persons who make oral comments at the hearing also submit a written copy of their testimony via email.

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. The written comment period closes at midnight on March 19th, 2024. The Department will only consider com - ments received at the Department offices by that time. Submit comments to: Cannabis Appellations Program California Department of Food and Agriculture Office of Environmental Farming and Innovation 1220 N Street, Sacramento, CA 95814 or Email: CannabisAg@cdfa.ca.gov AUTHORITY AND REFERENCE

Section 26063 of the California Business and Pro - fessions Code authorizes the Department to adopt, implement, and enforce regulations related to the can- nabis appellations of origin process. The Department is proposing to amend sections 9000, 9102, 9106, 9202 and 9203, and adopt sections 9301 and 9302 of Title 3, Division 8,

Chapter 2 of the California Code of Regulations. The proposed regulations will implement, interpret, make specific, or reference sections 26001, 26012, 26061, 26063, and 26160 of the California Business and Professions Code. INFORMATIVE DIGEST/ POLICY STATEMENT Existing Law: Senate Bill 94 (Committee on Budget and Fiscal Review,

Chapter 94, Statutes of 2017), also known as the Medicinal and Adult–Use Cannabis Regulation and Safety Act (MAUCRSA) required the Department to establish, no later than January 1, 2021, a process by which licensed cultivators may establish appella - tions of standards, practices, and varietals applicable to cannabis grown in a certain geographical area in California. Senate Bill 185 (McGuire,

Chapter 841, Statutes of 2019) restored the term “appellation of origin” to statute and replaced the words “varietal” and “grown” with the more industry–appropriate terms of “culti - var” and “produced.” It also expanded appellation of origin protections by specifically prohibiting cannabis from being advertised, marketed, labeled, or sold us - ing an appellation of origin, or any similar name that is likely to mislead consumers as to the kind of cannabis, unless the cannabis meets the appellation of origin re- quirements for, and was produced in, the geographical area; and prohibiting an appellation of origin, or any similar name that is likely to mislead consumers as to the kind of cannabis contained in the product, from being used in the advertising, labeling, marketing, or packaging of a cannabis product unless 100 percent of the cannabis contained in the product meets the appel- lation of origin requirements and was produced in the geographical area.

Senate Bill 67 (McGuire,

Chapter 298, Statutes of 2020) limited the approval of appellations of origin for cannabis unless it requires the practice of planting in the ground in the canopy area and excludes the prac - tices of using structures and any artificial light in the canopy area. Assembly Bill 141 (Budget Act of 2021) established the Department of Cannabis Control (DCC) and trans- ferred to that department most of the powers, duties, purposes, functions, responsibilities, and jurisdiction of the Bureau of Cannabis Control, the Department of Food and Agriculture, and the State Department of Public Health under MAUCRSA.

As a result, the au - thority to create and implement cannabis cultivation regulations was transferred from CDFA to the DCC. This bill maintained the mandate for CDFA to estab - lish a process by which licensed cultivators may es - tablish appellations of origin for cannabis produced in certain geographical areas of California. It also au - thorizes the Department of Food and Agriculture to collect fees to cover the reasonable regulatory costs of performing the duties relating to the appellations of origin program. Senate Bill 160 (Committee on Budget and Fiscal Review,

Chapter 87, Statutes of 2021) Delayed the re- quirement that the Department establish a process by which licensed cultivators may establish appellations of origin for cannabis produced in certain geograph - ical areas of California, until January 1, 2022, and made other clarifying changes. Effect of the Proposed Action: The proposed regulations would establish the fol - lowing requirements for use of an appellation of origin:

(1) All cultivation activities (i.e., planting, growing, harvesting, drying, curing, grading, and trim - ming) must occur within the area represented by the appellation of origin.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 96

(2) The cultivator must notify the Department of use of the appellation of origin. Objectives and Anticipated Benefits from this Regulatory Action: Existing law requires the Department to establish a process by which licensed cannabis cultivators may establish appellations of origin. Regulations detailing that process were approved by the Office of Adminis- trative Law on November 23, 2021. The regulations proposed in this rulemaking action provide clarity on the requirements to use an appella - tion of origin in advertising, marketing, labeling, and packaging of cannabis and nonmanufactured cannabis products. Some of the expected impacts of the pro - posed regulations are:

(1) Provide more reliable information available to consumers regarding the geographical origin of cannabis;

(2) Increase efficiency in administrating the program by clarifying recordkeeping and Notice of Use requirements for use of an appellation of origin; and

(3) Provide consistency on the meaning of an appel - lation of origin by providing a uniform definition of “produced” for cannabis originating from dif - ferent appellations of origin throughout the state. The proposed amendments to the regulations are intended to strengthen the appellations program and consequentially aid in achieving a government– implemented, clearly defined and straight–forward process for establishing and using an appellation of origin. Inconsistency with Federal Regulations or Statutes: The United States Drug Enforcement Administra - tion, under the Controlled Substances Act, lists canna- bis as a

Schedule I drug.

Schedule I drugs are defined as having a high potential for abuse, having no cur - rently accepted medical use in treatment in the United States, and a lack of accepted safety for use of the drug under medical supervision (21 U.S.C. § 812). Controlled Substances Act, Title 21 — Food and Drugs,

Chapter 13 — Drug Abuse and Prevention Con- trol, Subchapter 1 — Control and Enforcement, Part B — Authority to Control; Standards and Schedules: https://uscode.house.gov/view.xhtml?path=/prelim@ title21/chapter13&edition=prelim. Consistency with Existing State Regulations: As required by Government Code

section 11346.5(a)(3)(D), the Department has conducted an evaluation of these regulations and has determined that they are not inconsistent or incompatible with ex- isting state regulations. PLAIN ENGLISH REQUIREMENT The Department staff prepared the proposed regu - lations pursuant to the standard of clarity provided in Government Code

section 11349 and the plain English requirements of Government Code sections 11342.580 and 11346.2, subdivision (a)(1). The proposed regula- tions are written to be easily understood by the per - sons that will use them. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: None.

Cost or savings to state agencies: There is a cost to the state to administer the appellations program. The Department has estimated that the fees for petitioning to participate in the program will cover those admin - istrative costs. There are no additional costs to state agencies associated with these proposed regulations. The proposed recordkeeping and Notice of Use re - quirements may result in savings to the state by pro - viding more efficient program administration. Non–discretionary cost or savings imposed upon local agencies: None. Cost or savings in federal funding to the state: None.

Cost impacts on a representative private person or business: Participation in the cannabis appellations program is voluntary. Thus, there are no mandated costs on cannabis businesses. There would be a cost to cannabis businesses choosing to participate in the appellations program. Those costs are not increased by these proposed amendments to the existing regu - lations. Consumers may choose cannabis produced in an appellation that might be more expensive, but they will also have the choice to purchase cannabis produced outside of the appellations program.

Effect on small business: Participation in the appel- lations program is voluntary and so there is no man - dated impact on small businesses. There may be a positive effect on small business. California Business and Professions Code

section 26063 requires specif - ic cultivation practices that are most associated with small cannabis farms. The appellation of origin pro - gram will provide a tool to those small businesses for collective marketing of cannabis from their region. The proposed amendments are intended to strengthen that tool. Effect on housing costs: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 97 Significant, statewide adverse impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states: The Department has made an initial determination that there will not be a significant, statewide adverse economic impact directly affecting business, includ - ing the ability of California businesses to compete with businesses in other states. RESULTS OF THE ECONOMIC I M PACT A NA LYSIS California Government Code

section 11346.3 re - quires state agencies to assess the potential econom - ic impacts on California businesses and individuals when proposing to adopt or amend any administrative regulation.

The Department has concluded that the proposed amendments (1) will have no significant impact on the creation or elimination of jobs in the State of Califor - nia, (2) will have no impact on the creation or elim - ination of businesses within the State of California, (3) will have no impact on the expansion of business - es within the State of California, (4) as stated above, will benefit the health and welfare of California resi - dents by providing clarity on the use of key terms and strengthening the appellations program, (5) are not ex- pected to impact the state’s environment, and (6) are not expected to impact workers’ safety.

The proposed amendments to the regulations are in- tended to ensure that the benefits detailed in Economic and Fiscal Impact Analysis (EFIA) of the regulations creating the CAP are achieved, and aid in efficient ad- ministration of the program. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Department must determine that no reasonable alternative considered by the Department or that has otherwise been identified and brought to the attention of the Department would be more effec - tive in carrying out the purpose for which this 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 per - sons and equally effective in implementing the statu - tory policy or other provisions of law.

The Department invites interested persons to present statements or ar - guments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. To gain stakeholder input regarding the appellations program, the Department held outreach events during 2018 and 2019 allowing for broad input and subse - quently more focused workshops with representatives of cultivator groups and subject matter experts. The proposed amendments in this action were included in multiple iterations of proposed regulations in 2020 and 2021.

Comments received during these events were considered during the development of these amend - ments to the regulations. Comments not considered were either in conflict with existing statute or unrea - sonable to adopt. The primary alternative for each of the proposed amendments is to not include them in the CAP. The currently proposed regulations regarding defining “produced” and requiring a Notice of Use from cul - tivators using an appellation of origin were included in multiple iterations of CAP’s initially proposed reg - ulations but not in the final version.

During that initial period, the department considered alternatives such as allowing each appellation of origin to define produced for their region. The Department also considered al - ternatives to the Notice of Use such as individual cul - tivators requiring certification from the Department prior to use of an appellation of origin. The Depart - ment determined that those options would weaken the program or greatly increase administrative costs for the Department and lessen the probability of achiev - ing the potential benefits of an appellation program.

CONTACT PERSONS Inquiries concerning the proposed action may be directed to: Francis Bean California Department of Food and Agriculture Office of Environmental Farming and Innovation 1220 N Street, Sacramento, CA 95814 Email: Francis.Bean@cdfa.ca.gov Phone: (916) 387–5853 The backup contact person for these inquiries is: Eric Duran California Department of Food and Agriculture Office of Environmental Farming and Innovation 1220 N Street, Sacramento, CA 95814 Email: Eric.Duran@cdfa.ca.gov Phone: (916) 387–5887 AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF REGULATIONS The Department has prepared and has available for public review an Initial Statement of Reasons for the proposed regulations, including all the information upon which the proposed regulations are based, and the express terms of the proposed regulations.

A copy of the Initial Statement of Reasons and the proposed

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 98 regulations in underline will be available on the pro - gram’s webpage at https://www.cdfa.ca.gov/oefi/cap/. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed reg- ulations substantially as described in this notice.

If the Department makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the revised regulations. The De - partment will notify any interested person who com - mented previously on these revised regulations.

Any person interested may obtain a copy of any modified regulations prior to the date of adoption from the Con- tact Persons at the mailing or email addresses spec - ified above or by accessing the program’s webpage during subsequent comment periods. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons will be posted on the program’s webpage and may be obtained directly from the Contact Per - sons at the mailing or email addresses specified above.

AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action and oth - er information related to this regulatory action can be accessed through our website at https://www.cdfa. ca.gov/oefi/cap/. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

SECTION 4500 NOXIOUS WEED SPECIES The California Department of Food and Agriculture (Department) proposes to amend of Title 3 California Code of Regulations (CCR)

Section 4500 Noxious Weed Species to change Volutaria canariensis to Vo- lutaria tubuliflora. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email.

The writ - ten comment period closes on March 18, 2024. The Department will consider only comments received at the Department offices by that date or postmarked no later than March 18, 2024. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture 1220 N Street Sacramento, CA 95814 Permits@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Dean Kelch at (916) 261– 9252 or dean.kelch@cdfa.ca.gov, FAX number (916) 651–2900.

Unless there are substantial changes to the proposed regulations prior to adoption, the Department may adopt the proposal as set forth in this notice without further notice to the public. Following the public hear- ing, if one is requested, or following the written com - ment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth without further notice. AUTHORITY The Department proposes to amend

Section 4500 pursuant to the authority vested by Sections 407 and 5004 of the Food and Agricultural Code. REFERENCE The Department proposes this action to implement, interpret and make specific

Section 5004 of the Food and Agricultural Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CCR

section 4500 lists the species of plants that are noxious weeds within the meaning of

Section 5004 of the Food and Agricultural Code. A weed species origi- nally identified as Volutaria canariensis has been cor- rected by the individual who identified it to Volutaria tubuliflora; this amendment changes the name within the regulation.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 99 EXISTING LAWS AND REGULATIONS Existing law, FAC

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

section 5004, provides that the Secretary may adopt a list of the plants that is, or is liable to be, detrimental, to agriculture or important native species, and difficult to control or eradicate, which the Secretary, by regulation, designates to be a noxious weed.

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT By correctly classifying noxious weeds the Depart - ment will be limiting their spread which will provide economic savings to the general public, farmers, ranchers, local governments, state and federal agen - cies, affected and potentially affected businesses, and land management entities, both private and public. There is no existing, comparable federal regulations or statute regulating this noxious weed. There are no known specific benefits to worker safe- ty or the health of California residents.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg - ulations addressing this noxious weed, and it found that these are the proposed amendment is the only regulation dealing with this subject, and the Depart - ment is the only State agency which can identify nox- ious weeds. As required by Government Code

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

Section 4500 and has determined that it is not inconsistent or incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: The proposed action corrects a noxious weed species that was al - ready being regulated. The Department has deter - mined that no savings or increased costs to any state agency and no costs or savings in federal funding to the State will result from the amendment of

Section 4500. The amendment of this regulation would have no fiscal impact on the Department. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscretionary costs or savings to local agencies or school districts. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The proposed action corrects a noxious weed species that was already being regulated.

The agency is not aware of any cost impacts that a representative person or business would necessarily incur in reason - able compliance with the proposed action. Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The proposed action corrects a noxious weed species name. The Department makes the initial determination that the proposed action will not have a significant, statewide adverse economic impact. Significant effect on housing costs: None.

Small business determination: The proposed action will correct a noxious weed species name without any impact on small business. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the amendment of

Section 4500 (1) will have no impact on the cre - ation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the State of California, (3) will have no impact on the expansion of businesses with - in the State of California, (4) as stated above under ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT, will limit the spread of the noxious weeds and provide benefits to California residents, in- cluding public and private entities and interests and the state’s environment.

There are no known specific benefits to worker safety or the health of California residents. CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 100 vate persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to pres - ent alternatives during the written comment period. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action and has made avail- able all the information upon which its proposal is based and the express terms of the proposed action.

The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request. The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein.

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

Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE ANIMAL BLOOD BANKS NOTICE IS HEREBY GIVEN that the Department of Food and Agriculture (herein after referred to as “Department”) proposes to adopt the regulations de - scribed below in the Informative Digest/Policy State - ment Overview after considering all comments, objec- tions, and recommendations regarding this proposal. Publication of this notice commences a 45–day public comment period. PUBLIC HEARING The Department has not scheduled a public hearing for this proposal.

However, a public hearing will be held if the Department 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. Comments can be submitted via email to sean.brady@ cdfa.ca.gov, or mailed to the address listed below. The written comment period begins on February 2, 2024 and closes on March 18, 2024.

The Department is not required to respond to comments that are outside the scope of this Notice or comments that are not received or postmarked during the written comment period. WRITTEN COMMENTS AND REQUEST FOR PUBLIC HEARING All written comments and any requests for a public hearing should be directed to the following person: Sean Brady, DVM Department of Food and Agriculture Animal Health and Food Safety Services Animal Blood Banks 1220 N Street, Sacramento, CA 95814 Telephone (916) 208–0500 Email: sean.brady@cdfa.ca.gov AUTHORITY AND REFERENCE Food and Agricultural Code (FAC)

section 14 au - thorizes the Department to adopt rules and regulations in accordance with the Administrative Procedure Act. Additional authority vested in FAC grants the Depart-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 101 ment Secretary the authority to amend or repeal rules and regulations. FAC

section 407 authorizes the Secretary of the De- partment to adopt such regulations as are reasonably necessary to carry out the provisions of the FAC which the Secretary is directed or authorized to administer or enforce. FAC

section 9221(

g) authorizes the Secretary of the Department to collect necessary and proper informa - tion on the application for a license for an establish - ment that produces, or proposes to produce, animal blood or blood component products from a closed– colony blood bank. FAC

section 9231(

d) authorizes the Department to set inspection fees in an amount not to exceed the De- partment’s reasonable regulatory costs incurred with the oversight of commercial blood banks for animals. FAC

section 9244(

b) authorizes the Department to set fees in an amount that will cover the Department’s reasonable regulatory costs incurred to administer and enforce product safety standards for animal blood and blood component products. FAC

section 9245 authorizes the Secretary of the Department to impose conditions on the production or use of blood and blood component products as nec- essary to ensure product safety standards and compli - ance with facility requirements. FAC

section 9251 authorizes the Secretary of the Department to adopt reasonably necessary rules and regulations for the administration and enforcement of requirements relating to commercial blood banks for animals. Business and Professions Code (BPC)

section 4920.5 requires community blood banks operating pursuant to

Article 7 of

Chapter 11 of Division 2 of the BPC to comply with blood or blood component product reg - istration requirements under

Article 5 (commencing with

section 9241) of

Chapter 1.5 of

Part 1 of Division 5 of the Food and Agricultural Code. BPC

section 4920.6 authorizes the Department to collect quarterly reports from community blood banks operating pursuant to

Article 7 of

Chapter 11 of Divi - sion 2 of the BPC. The proposed regulation implements, interprets, and makes specific sections 9201, 9210, 9212, 9221, 9231, 9241, 9242, 9243, 9244, 9245, 9252, 9253 and 9266 of the FAC and sections 4920.4 and 4920.6 of the BPC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW To implement AB 1282, the Department propos - es to amend Title 3, California Code of Regulations, Division 2,

Chapter 8, and adopt new Articles 1–4 (commencing with

section 1303) to implement, inter - pret, and make specific laws relating to animal blood banking.

Summary of Existing Laws and Effect of the Proposed Action In 2021, Governor Gavin Newsom signed AB 1282 (Stats. 2021,

Chapter 725), the California Pet Blood Bank Modernization Act (Act) into law. The goal of the Act is to address the shortage of animal blood available for veterinary transfusion medicine in Cal - ifornia and transition the state from closed colony blood banks to community blood banks. The Act di - rects the Department to adopt reasonably necessary rules and regulations for administration and enforce - ment of these changes.

The proposed regulations would establish the ap - plication requirements for a closed–colony facility license and the circumstances under which the De - partment would discontinue the closed–colony licens- ing program. The proposed regulations would require that a commercial blood bank that is not a closed– colony blood bank or otherwise registered as a com - munity blood bank be licensed by the Department and establish the licensing requirement for those estab - lishments. The proposed regulation would establish quarterly reporting requirements for closed–colony blood banks licensed with the Department.

The pro - posed regulations would require that those with blood or blood competent products registered with the De - partment be inspected at least once a year. The pro - posed regulations would also require that commercial blood banks licensed by the Department be inspected at least once a year. The proposed regulations would also establish the fees that commercial blood banks for animals with products registered with the Department pay to the Department.

Anticipated Benefits of the Proposal This proposal will ensure stakeholders have a clear understanding of when the Department will discon - tinue its licensing program for closed–colony blood banks. It will increase the supply of lifesaving blood and blood component products offered for sale to Cali- fornia veterinarians and ultimately improve the quali - ty of veterinary transfusion medicine in the state. The proposal clarifies facility inspections and quarterly reporting requirements, allowing the Department to monitor animal health and welfare.

By setting clear requirements and fee structures for those persons wanting to sell animal blood and blood component products, the Department anticipates more communi - ty blood banks will begin entering the market. State Regulation Consistency Evaluation The Department has evaluated this proposal and has concluded that it is not inconsistent or incompati - ble with existing regulations of closed–colony animal

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 102 blood banks and community animal blood banks in California. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on Local Agencies and School Districts: None. Costs or Savings to Any State Agency: The new fees as proposed, will cover the Department’s costs incurred to administer and enforce animal blood and blood component product safety standards. Costs to Any Local Agency or School District for Which Government Code

section 17500 et seq., Re - quire Reimbursement: None. Nondiscretionary Costs/Savings to Local Agencies: None. Cost or Savings in Federal Funding to the State: None. The Department has made an initial determination that the proposed regulatory action will not have any significant statewide adverse economic impact direct- ly affecting California businesses including the ability of California businesses to compete with businesses in other states.

Cost Impacts on Representative Private Persons or Businesses: According to the Department’s projec - tions, the implementation of the proposed action is an- ticipated to incur an annual expense of approximately $100,000 for the commercial blood bank industry in California. This financial burden is expected to be transferred downstream to emergency veterinary hos - pitals, subsequently slightly increasing the cost of ani- mal blood transfusions at these facilities.

Anticipated Compliance Requirements as a Re - sult of this Proposal: This proposal affects persons or businesses applying for a license to operate an animal blood bank and to register blood product components with the Department. It requires applicants and licens- ees to submit to the Department licensure and regis - tration forms, quarterly reports, and it contains record keeping requirements. Effect on Housing Costs: None.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Department concludes that it is: (1) likely that the proposal will have no immediate impact on jobs at existing commercial blood banks and will facilitate the creation of an unknown number of jobs at newly formed community blood banks; (2) likely that this proposal will accelerate the creation of new business - es operating as community blood banks and clarify when businesses operating as closed–colony blood banks will be eliminated; (3) likely this proposal will facilitate the expansion of the unknown number of veterinary hospitals into the blood banking market - place; (4) likely the enhanced enforcement and report- ing responsibilities will protect consumers and the industry.

Finally, this proposed rulemaking will have no impact on the general public and the protection of public health and safety. SMALL BUSINESS DETERMINATION The Department has initially determined that the proposed adoption of this regulatory action would af - fect small businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Department must determine that no 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 or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

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

The Department will have the rulemaking file available for inspection and copying throughout the rulemaking process at its office located at 1220 N Street, Sacramento, CA 95814. As of the date this no- tice is published in the California Regulatory Notice Register, the rulemaking file consists of this Notice, Proposed Text, the Initial Statement of Reasons and the Material Relied Upon which at this time consists of

(1) Consensus Statement on blood donor infectious disease screening by the American College of Vet - erinary Internal Medicine,

(2) California Consumer

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 103 Price Index 2022/2023, and

(3) Animal Blood Bank Program Expenditure/Revenue report. Copies may be obtained by contacting Dr. Sean Brady at the address or phone number listed below. AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the persons named below. AVAILABILITY 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 changes clearly indicat - ed) available to the public for at least 15 days before the Department adopts the regulations as modified. Please sent requests for copies of any modified regulations to the attention of Dr. Sean Brady at the address listed below. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons and the text of the proposed regulations shown in strikeout and underline format, can be accessed through the Department’s website at: http://www.cdfa.ca.gov/ahfss/regulations.html, or by contacting the contact person named below in this Notice.

CONTACT PERSONS Inquiries, written comments, copies of the proposed text of the regulations, the Initial Statement of Rea - sons, modified text of the regulation, if any, or other information upon which the rulemaking proposal is based, are to be addressed to the following person: Sean Brady, DVM Department of Food and Agriculture Animal Health and Food Safety Services Animal Blood Banks 1220 N Street, Sacramento, CA 95814 Telephone (916) 208–0500 Email: sean.brady@cdfa.ca.gov The back–up person is: Nancy Grillo Department of Food and Agriculture Animal Health and Food Safety Services Division Administration 1220 N Street, Sacramento, CA 95814 Telephone (916) 900–5000 Email: nancy.grillo@cdfa.ca.gov TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE

SECTION 3436 BACTROCERA ALBISTRIGATA INTERIOR QUARANTINE

SECTION 3591.23 WHITE STRIPED FRUIT FLY ERADICATION AREA The Department of Food and Agriculture (Depart - ment) proposes to amend Title 3 of the California Code of Regulations (CCR)

Section 3436 Bactrocera albistrigata Interior Quarantine and

Section 3591.23 White Striped Fruit Fly (WSFF) Eradication Area. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to 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 regulations to the Department. Com - ments may be submitted by USPS, FAX or email.

The written comment period closes on March 19, 2024. The Department will consider only comments received at the Department offices by that date or postmarked no later than March 19, 2024. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 916.403.6650 Permits@cdfa.ca.gov Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Rachel Avila at (916) 698– 2947 or rachel.avila@cdfa.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 104 Unless there are substantial changes to the proposed regulations prior to amendment, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the public. AUTHORITY The Department proposes to amend Sections 3436 and 3591.23 pursuant to the authority vested by Sec - tions 407, 5301, 5302, and 5322 of the Food and Agri- cultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5301, 5302, 5322, 5761, 5762, 5763, and 5764 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In

Section 3436(c)

(1) Bactrocera albistrigata Interior Quarantine, the host list will be removed and a ref - erence to

Section 3591.23(b), White Striped Fruit Fly Eradication Area, will be added. The host list in Sec - tion 3591.23(

b) will be reformatted to more be more easily read and updated to match the United States Department of Agriculture (USDA) host list. Current- ly, both these lists are incomplete and not in harmo - ny. By the Department referencing the list in

Section 3591.23(b), there will only be one list for the public to reference, and by updating this list with current USDA information,

Section 3591.23(

b) will offer the best pos- sible regulatory guidance if this pest is found. EXISTING LAWS & REGULATIONS Existing law, FAC

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

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

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

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

section 5321. Existing law, FAC

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

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

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

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

Section 5764, provides that if an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT The implementation of this amendment will help prevent potential future issues when the WSFF host list needs to be amended.

Functional and accurate host lists will help prevent the spread of pests within Cali - fornia, which will prevent: ● direct damage to the agricultural industry grow - ing host fruits ● indirect damage to the agricultural industry growing host fruits due to the implementation of quarantines by other countries and loss of export markets ● increased production costs to the affected agricul- tural industries ● increased pesticide use by the affected agricultur- al industries ● increased costs to the consumers of host fruits ● increased pesticide use by homeowners and others

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 105 ● the need to implement a State interior quarantine ● the need to implement a federal domestic quarantine There is no existing, comparable federal regulations or statute. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code

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

Section 3436 and 3591.23 has deter - mined that they are not inconsistent or incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. There is no reimbursable costs or savings under

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code to local agencies or school districts and no nondiscretionary costs or savings to local agencies or school districts, will result from the amendment of 3436 and 3591.23. Cost or savings to any state agency: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative person or business would neces - sarily incur in reasonable compliance with the pro - posed action.

Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be min - imal/non–consequential. The Department makes the initial determination that the proposed action will not have a significant, statewide adverse economic impact. Significant effect on housing costs: None.

Small business determination: The proposed action will not affect small business because compliance ac - tivities are currently being performed by existing staff throughout quarantine areas within the state without any impact on small business. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the

Section 3436 and 3591.23 amendment (1) will have no signif- icant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the state of California, (3) will have no impact on the expansion of businesses within the State of California, (4) is ex - pected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environ- ment, and (6) is not expected to harm or benefit work- ers’ safety.

The health and welfare of California residents: The proposed action will benefit the health and welfare of California residents by preventing programmatic de - lays, such as the California Code of Regulations con - taining host lists that re out of date, which can lead to pest quarantines, increased production costs, and job loss. The agricultural industry is a significant eco- nomic engine in California.. Negative impacts to ag - riculture impact the state’s economy and the general welfare of the state.

The state’s environment: The amendment of this regulation benefits the environment as correctly reg - ulating hosts of WSFF lowers the risk that the pests could spread into the local environment via the sur - rounding non–agricultural ecosystems. Spread of WSFF could adversely impact private and commercial landscape plantings, local, regional, state and national parks, other recreational sites, open habitats, and wild lands. Affected plants could become less vigorous and may produce fewer seeds. Plants/trees with low prop - agule output can result in major changes to plant com- munity structure.

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

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action and has made avail- able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 106 (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request. The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein.

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

Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 4.

HORSE RACING BOARD PROPOSED AMENDMENT OF RULE 1866.3, INTRA–ARTICULAR INJECTIONS RESTRICTED The California Horse Racing Board (Board) pro - poses to amend the regulation described below after considering all comments, objections, and recommen- dations regarding the proposed action.

PROPOSED REGULATORY ACTION The Board proposes to amend Board Rule 1866.3, Intra–articular Injections Restricted, to prohibit ad - ministration of a corticosteroid intra–articular joint injection into a high–motion joint of a horse without diagnostic imaging of the joint having been performed within seven days prior to the injection; define “high– motion joints” and “diagnostic imaging”; and make non–substantive edits. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested persons, or their authorized repre - sentative, may submit written comments about the proposed regulatory action to the Board. The writ - ten comment period closes on March 18, 2024. The Board must receive all comments by that time.

Submit comments to: Rick Pimentel, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 274–6043 Email: repimentel@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19440, 19562, and 19580, Business and Professions Code (BPC). Reference: Sections 19440, 19562 and 19580, BPC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 19440 provides that the Board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of Horse Racing Law. Responsibilities of the Board shall include, but not be limited to, adopting rules and regulations for the protection of the public and control of horse racing and parimutuel wagering. BPC

section 19562 provides that the Board may prescribe rules, regulations, and conditions, consistent with Horse Racing Law, under which all horse races with wagering on their results shall be conducted. BPC

section 19580 provides that the Board shall adopt regulations to establish policies, guidelines, and penalties relating to equine medication in order to preserve and enhance the integrity of horse racing in the state. Board Rule 1866.3 prohibits the racing of a horse that has received an intra–articular joint injection within 14 days of race day or a corticosteroid intra– articular joint injection into a fetlock joint within 30 days of race day. The rule also prohibits the comple - tion of a timed workout for a horse that has received a corticosteroid intra–articular joint injection within the previous 10 days, requires placement on the Vet -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 107 erinarian’s List of any horse receiving intra–articular joint injection treatment, and specifies a penalty for violation of these provisions. A corticosteroid intra–articular joint injection is of - ten administered into a high–motion joint of a race - horse without diagnostic imaging having been per - formed beforehand. This is problematic because the horse could have an underlying condition that may be compounded by the injection.

For example, corticoste- roids can travel from joints to surrounding soft tissues, where they have been shown to delay healing of injury. Additionally, repeated corticosteroid injections may have detrimental effects on cartilage. Furthermore, as corticosteroids alleviate pain and inflammation, hors - es are often able to continue training at full–bore after having received such an injection, which is especially problematic for high–motion joints because relatively greater forces are involved than with other joints.

The Board, therefore, seeks to amend Board Rule 1866.3 to require the performance of diagnostic imaging prior to a corticosteroid intra–articular joint injection into a high–motion joint, which will help identify any exist - ing issues and inform the practitioner in the decision to administer the injection and, thereby, promote the health and welfare of the horse.

ANTICIPATED BENEFIT OF THE PROPOSED REGULATION By prohibiting the administration of a corticosteroid intra–articular injection into a high–motion joint of a horse unless diagnostic imaging is performed prior to the injection, the proposed regulatory action will help ensure that any underlying condition that could be exacerbated by the injection is first addressed, which will help prevent injury and, thereby, promote the health and welfare of the horse.

CONSISTENCY EVALUATION Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of de - veloping the regulatory action, the Board conducted a search of any similar regulations on the topic and con- cluded that Board Rule 1866.3 is the only regulation that sets forth racing and training restrictions related to intra–articular joint injections.

Additionally, the proposed amendment to the rule is the only regula - tion that will prohibit administration of a corticoste - roid intra–articular joint injection into a high–motion joint of a horse without diagnostic imaging of the joint having been performed prior to the injection, as well as define “high–motion joints” and “diagnostic imag - ing.” Therefore, the proposed regulatory action is nei- ther inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none. Cost or savings to any state agency: none.

Cost to local agencies and school districts that must be reimbursed in accordance with Government Code (GC) sections 17500 through 17630: none. Other non–discretionary cost or savings imposed upon local agencies: none. Cost or savings in federal funding to the state: none. The Board has made an initial determination that the proposed regulatory action will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

The pro - posed regulatory action will prohibit administration of a corticosteroid intra–articular joint injection into a high–motion joint of a horse without diagnostic im - aging of the joint having been performed within seven days prior to the injection; define “high–motion joints” and “diagnostic imaging”; and make non–substantive edits. None of these changes poses a direct adverse economic impact to business. The following studies/relevant data were relied upon in making the above determination: none.

Cost impact on representative private persons or businesses: The cost of diagnostic imaging, pursuant to the proposed regulation, for a racehorse owner who chooses to have a corticosteroid intra–articular joint injection administered into a high–motion joint of the horse would be approximately $500 within a given year, with an average career length of three to four years for the horse. While the proposed definition of “diagnostic imaging” includes various modalities, it is reasonable to assume that an owner would opt for radiographs, most commonly X–rays, as they are the least costly option.

The cost of a single image typi - cally ranges from $50 to $60, and a set of images will normally be taken that consists of at least two images. Multiple images are commonly taken, such that total costs often range from $200 to $300. In compliance with the proposed regulation, the owner of such a horse may be expected to order two sets of X–rays within a given year, as one injection within a six–month period would not necessarily be cause for alarm.

However, two injections within a six–month period would likely prompt the owner’s hired veterinarian to recommend diagnostic imaging prior to injection regardless of any required imaging. Approximately 460 horses receive corticosteroid intra–articular joint injections into a high–motion joint within a given year. Assuming these horses do not currently undergo diagnostic imaging prior to ad - ministration of said injections, the proposed regula -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 108 tion would result in yearly aggregate costs of about $230,000 to the owners of these horses. This also as - sumes that the owners choose not to forego said treat- ment for their horses. Significant effect on housing costs: none.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS The adoption of the proposed regulatory action will not create or eliminate jobs within the state, will not create new businesses or eliminate existing business - es within the state, will not result in the expansion of businesses currently doing business with the state, and will not benefit the health and welfare of California residents, worker safety, or the state’s environment. Effect on small business: none.

The proposed reg - ulatory action does not affect small business because small businesses are not legally required to comply with or enforce the regulation and neither derive a benefit nor incur a detriment from the enforcement of the regulation. The proposed regulatory action will prohibit administration of a corticosteroid intra–artic - ular joint injection into a high–motion joint of a horse without diagnostic imaging of the joint having been performed within seven days prior to the injection; de- fine “high–motion joints” and “diagnostic imaging”; and make non–substantive edits.

CONSIDERATION OF ALTERNATIVES In accordance with GC

section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative considered by the Board or that has oth - erwise been identified and brought to the attention of the Board 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 law.

The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other infor- mation upon which the rulemaking is based should be directed to: Rick Pimentel, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 274–6043 Email: repimentel@chrb.ca.gov If the person named above is not available, interest- ed parties may contact: Amanda Drummond, Manager Regulations, Industry Applications, and Administrative Hearings Telephone: (916) 869–3255 Email: amdrummond@chrb.ca.gov AVAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its offices at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, and the initial state - ment of reasons. Copies of these documents, or any of the information upon which the proposed rulemaking is based, may be obtained by contacting Rick Pimentel or the alternative contact person at the address, phone number, or email address listed above.

AVAILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice. If modifications are made that are suffi - ciently related to the originally proposed text, the modified text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulation. Requests for copies of any modified regulation should be sent to the attention of Rick Pimentel at the address stated above.

The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available. AVAILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of rea - sons, which will be made available after the Board has adopted the proposed regulation in its current or modified form, should be sent to the attention of Rick Pimentel at the address stated above.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 109 BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its website. The rulemaking file consists of this no - tice, the proposed text of the regulation, and the initial statement of reasons. The Board’s website address is www.chrb.ca.gov. TITLE 5. BUREAU FOR POSTSECONDARY EDUCATION

ARTICLE 2. CITATIONS AND FINES

SECTION 75020 PUBLIC INSTITUTIONS NOTICE IS HEREBY GIVEN that the Bureau for Private Postsecondary Education (hereafter Bureau) is proposing to take the action described in the Infor - mative Digest below, after considering all comments, objections, and recommendations regarding the pro - posed action. PUBLIC HEARING The Bureau has not scheduled a public hearing on this proposed action.

However, the Bureau will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No - tice, must be received by the Bureau at its office no later than Tuesday, March 19, 2024 by 5:00 p.m., or must be received by the Bureau at the hearing, should one be scheduled. AUTHORITY AND REFERENCE CITATION Authority cited: Sections 94877 and 94936, Edu - cation Code. Reference:

Section 149, Business and Professions Code; and Sections 94936, 94944, and 94948.5 Education Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Bureau for Private Postsecondary Education (Bureau) protects students and consumers through the regulatory oversight of California’s private postsec - ondary educational institutions (“institutions”) pursu - ant to the California Private Postsecondary Education Act of 2009 (“Act” — Ed. Code, §§ 94800–94950), in- cluding conducting qualitative reviews of educational programs and operating standards. Existing regulations at

section 75020 authorize the Bureau to issue citations “against approved private, postsecondary institutions that have committed any acts or omissions that are in violation of the Act or any regulation adopted pursuant thereto.” Per

section 75020(b), the Bureau is also authorized to issue cita - tions containing orders of abatement or fines “against persons who are without proper approval to operate a private, postsecondary institution.” In 2022, the legislature enacted Senate Bill (SB) 1433 (Chapter 544, Statutes of 2022), which adopted Education Code

Section 94949.8 and expanded the Bureau’s jurisdiction to grant an approval to a pub - lic institution of higher education that is operated by another state and maintains a physical presence in the state of California. The legislature, in Education Code

Section 94949.8(c), required that, “The bureau shall, on or before July 1, 2024, amend any regulations that conflict with this section.” The Bureau currently does not have regulations im- plementing the requirements to issue citations against an approved public institution of higher education that is operated by another state and maintains a physical presence in the state of California. This regulatory proposal amends CCR

section 75020 to authorize the Bureau to issue citations to approved public institu - tions.

This proposal also includes technical, nonsub - stantive amendments such as changing gendered pro - nouns and changing “and/or” to “or” and “both.” This proposal also adds “calendar” before the mention of “days.” Anticipated Benefits of Proposal The proposed regulatory language benefits the welfare of Californians because it grants the Bureau enforcement power over certain approved public in - stitutions doing business in California, which protects students by ensuring fair treatment, and shielding stu - dents from fraudulent or exploitative practices.

This regulation will allow the Bureau to enforce provisions of the Act and further the Bureau’s mission of consum- er protection for students seeking educational services from postsecondary institutions by helping to ensure approved schools comply with all legal requirements for operating an approved institution in California.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 110 This regulatory proposal does not affect the health of California residents, worker safety, or the state’s environment. Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the Bureau has conducted a search of any similar regulations on this topic and has con - cluded that these regulations are neither inconsistent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: Fiscal impact to the state agency or other state agencies, and/or costs or savings in federal funding option: The proposed regulations expand the Bureau’s citation and fine authority, but any fiscal impact is an- ticipated to be minimal. According to the Bureau’s records, only one school is currently registered that would be subject to the expanded authority, but the number of institutions could increase in the future.

In the event an institution is issued a citation and fine resulting from the proposed regulations, the Bu - reau will incur enforcement–related workload and costs, including appeals, of approximately $2,000 per occurrence. Additionally, the Bureau would incur Attorney Gen- eral costs of approximately $5,000 per occurrence. The Bureau indicates the average citation and fine amount would be $5,000 per occurrence. Because the number of future enforcement cases is currently unknown, the Bureau does not have a total fiscal estimate of costs or revenues at this time.

Any workload and costs are anticipated to be absorbed within existing resources. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs (and, if applicable, including any estimated costs of compliance or potential benefits of a building standard): None.

BUSINESS IMPACT ESTIMATES The Bureau has made the initial determination that the proposed regulatory action would have no signif - icant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states. This initial determination is based on the following facts/evidence/documents or testimony: The only impact of this proposed regulation is that it will authorize the Bureau to issue citations to out– of–state public institutions that have been approved to operate by the Bureau.

This will have no impact on any private business operating in California. Cost Impact on Representative Private Person or Business The Bureau is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. The only impact of the proposed reg- ulation would be on out–of–state public institutions approved to operate in California by the Bureau.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses The Bureau for Private Postsecondary Education has determined that this regulatory proposal will have no impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California. This proposal authorizes the Bureau to issue citations to out–of–state public institutions approved by the Bu- reau, which should have no impact on any businesses in California.

Benefits of Regulation: This regulatory proposal benefits the health and welfare of California residents by allowing the Bureau to issue citations to public out–of–state institutions operating a physical facility in California, which will encourage them to comply with all legal requirements for operating an approved institution in California. This regulatory proposal does not affect worker safety or the state’s environment. Business Reporting Requirements The regulatory action does not require businesses to file a report with the Bureau.

Effect on Small Business The Bureau has determined that the proposed reg - ulations will not affect small businesses. This pro - posal authorizes the Bureau to issue citations to out– of–state public institutions approved by the Bureau, which should have no impact on any businesses in California.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 111 CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Bureau 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 action is proposed; would be as effective and less burdensome to affected private persons than the proposal described in this No- tice; or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may submit comments to the Bureau in writing relevant to the above determi - nations at P.O. Box 980818, West Sacramento, CA 95798–0818 during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Bureau has compiled a record for this regula - tory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based.

This ma- terial is contained in the rulemaking file and is avail - able for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Bureau, at P.O. Box 980818, West Sacramento, CA 95798–0818.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Bureau, upon its own motion or at the request of any interested party, may thereafter adopt the propos - als substantially as described below or may modify such proposals if such modifications are sufficient - ly related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly in - dicated, will be available for review and written com - ment for 15 days prior to its adoption from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE 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 person named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared by making a writ - ten request to the Contact Person named below or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: David Dumble Address: Bureau for Private Postsecondary Education P.O. Box 980818, West Sacramento, CA 95798–0818. Telephone Number: (279) 895–6091 Fax Number: (916) 263–1897 Email Address: David.dumble@dca.ca.gov The backup contact person is: Name: Yvette Johnson Address: P.O. Box 980818, West Sacramento, CA 95798–0818.

Telephone Number: (279) 895–6099 Fax Number: (916) 263–1897 Email Address: Yvette.johnson@dca.ca.gov AVAILABILITY 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 noted, as well as the Final State - ment of Reasons when completed, and modified text, if any, can be accessed through the Bureau’s website at http://bppe.ca.gov. Materials regarding this propos - al can be found at http://bppe.ca.gov/lawsregs/current. shtml.

An archive of the Bureau’s prior regulatory actions can be found at http://bppe.ca.gov/lawsregs/ archive.shtml.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 112 TITLE 5. STUDENT AID COMMISSION PUBLIC INTEREST ATTORNEY LOAN R EPAYMENT PROGR AM (PIALR PROGRAM) ADOPT NEW ARTICLE, SECTIONS 30928–30931 NOTICE IS HEREBY GIVEN that the California Student Aid Commission (Commission) proposes to adopt the proposed regulations described below after considering all comments, objections, or recommen - dations regarding the proposed action. PUBLIC HEARING A public hearing regarding this proposal is current - ly not scheduled.

However, any interested person or duly authorized representative may request, no later than 15 days before the close of the written comment period that a public hearing be scheduled. WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS Notice is also given that any interested person, or their authorized representative, may submit written comments relevant to the proposed regulatory action to: California Student Aid Commission Attention: Synequeen Alasa–as, Legal Services P. O.

Box 419026 Rancho Cordova, CA 95741 Comments may also be submitted by facsimile (FAX) at (916) 464–6411 or by email to Rulemaking@ csac.ca.gov. The public comment period for this regu- latory action will begin on Friday, February 2, 2024. Comments must be submitted by Tuesday, April 9, 2024, to be considered. AUTHORITY AND REFERENCE This document presents the California Student Aid Commission’s (Commission) proposed regulations to implement the Public Interest Attorney Loan Repay - ment (PIALR) Program, in accordance with the pro - visions of Education Code Sections 69740 through 69746.5.

The provisions of the PIALR Program were initial - ly adopted and established within the Education Code in 2001 (Assembly Bill 935, Statutes of 2001). These Education Code provisions direct the Commission to adopt regulations to administer the program within one year of the initial program funding appropriation. Senate Bill 101 (Chapter 12, Statutes of 2023) in - cluded the first funding appropriation for the PIALR Program in the amount of $667,000, as part of the “Budget Act of 2023”.

Thus, under the Education Code, the Commission is charged with adopting ini - tial regulations to administer the PIALR Program by July 1, 2024. Specifically, Education Code

Section 69742(

b) provides: The Commission shall adopt initial regulations for the program within one year of the effec - tive date of the initial appropriation funding the program. The proposed regulations discussed in this docu - ment were developed by staff to interpret, implement, and make specific the statutory provisions of the Edu- cation Code relative to the PIALR Program and to gov- ern the Commission’s administration of the Program. The proposed draft regulations developed by staff are shown in “Appendix A: Proposed Regulations.” INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW As described above, Education Code

Section 69742(

b) directs the Commission to develop regu - lations to administer the PIALR Program by July 1, 2024. The regulations are necessary for the Com - mission to establish the programmatic provisions for its administration of the PIALR Program within the California Code of Regulations, in accordance with the statutory provisions of the Education Code. These Education Code provisions direct the Commission to establish the eligibility criteria for making program awards to eligible Program participants based on “need and merit”, among other things. Staff developed these proposed regulations in con - sultation with an Advisory Committee established in accordance with Education Code

section 69740(i). The Advisory Committee included representatives from the State Bar of California, Legal Aid Associa - tion of California, the California on Access to Justice Commission, the Universities of California at Davis and Irvine, and the Thomas Jefferson School of Law. Advisory Committee representatives included Law School Deans, and Professors, Program Directors, and others with an interest in the PIALR Program.

Staff consultations with the Advisory Committee included an October 2023 working–group meeting where the Committee helped staff interpret and define regulatory terms relative to public interest law, review and comment on provisions of the proposed appli - cation scoring matrix and respond to staff questions about the proposed regulations. Advisory Committee representatives continued to provide review assistance to staff as the proposed regulations were finalized.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 113 Objectives and Benefits of the Proposed Regulation The proposed regulations are necessary to clarify statutory provisions and implement the Public Inter - est Attorney Loan Repayment Program. The Program provides financial assistance towards reducing the remaining law school debt of licensed attorneys who agree to work in certain defined areas of “public in - terest law”.

The Program may further the interest of the State by encouraging attorneys to pursue careers in public interest law, including in those areas of the State underrepresented by licensed and/or practicing attorneys. Evaluation of Inconsistency or Incompatibility with Existing State Regulations After conducting a review of for any related regula- tions in this area, the Commission has determined that no other regulations exists concerning the Public In - terest Attorney Loan Repayment Program. Therefore, the proposed regulations are neither inconsistent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION The Commission has made the following initial determinations: Mandate on Local Agencies and School Districts : None. Fiscal Impact Estimates: This proposal does not impose costs on any local agency or school district for which reimbursement would be required pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. This proposal does not impose other nondiscre- tionary costs or savings on local agencies. This pro - posal does not result in any cost or savings in federal funding to the state. With respect to potential costs or savings to State agencies, the California Student Aid Commission may incur minor absorbable costs rela - tive to preparing the proposed regulations. Housing Cost: None.

Cost Impact on Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Other Business Impacts: The Commission has determined the proposed reg - ulatory action would have no significant statewide ad- verse economic impact directly affecting business, in- cluding the ability of California businesses to compete with businesses in other states. The proposal would impose no costs upon business.

The proposal does not affect small businesses as defined by California Gov - ernment Code

Section 11342.610. This proposal would not affect private sector or small business as defined by California Government Code

Section 11342.610. Cost or Savings in Federal Funding to the State : None. Results of the Economic Impact Analysis: The proposed regulations would clarify and im - plement program provisions and application require - ments for the Public Interest Attorney Loan Repay - ment Program. Participating in this educational grant funding pro - gram is a voluntary option available to eligible stu - dents and employers. As such, the proposed regu - lations place no new or substantial requirements on businesses, individuals, or government agencies with- in California.

The proposed regulations are not expected to create or eliminate any jobs within the state. The proposed regulation is not expected to create new businesses or eliminate existing businesses within the state or cause an expansion to businesses currently doing business within the state. Therefore, the proposed regulations have no potential for adverse economic or fiscal im - pact. Furthermore, there is no significant statewide adverse economic impact directly affecting business - es, including California businesses’ ability to compete with businesses in other states or on representative private persons.

The benefits of this regulation, as discussed above, would be to improve the efficient implementation and administration of this program by the Commission on behalf of student applicants. This should enable more students to take advantage of this source of education- al grant funding in support of their educational goals. The regulation is not expected to directly impact Cal - ifornia residents’ health and welfare, worker safety, or the state’s environment.

FEDERAL MANDATE The proposed regulation would only apply within California and specifically to attorneys residing and practicing law in California who elect to participate in the PIALR Program. The provisions of the proposed regulations would neither affect nor conflict with any federal regulations, or federal education or work study programs.

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative it considered, or that has otherwise been identified and brought to its attention, would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 114 action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. The Com - mission invites interested parties to submit statements or arguments with respect to alternatives to the pro - posed regulatory action during the written comment period or at the public hearing.

CONTACT PERSONS Inquiries concerning the proposed adoption of the regulations and written comments may be directed to: Synequeen Alasa–as California Student Aid Commission 11120 International Drive, Suite 100 Rancho Cordova, CA 95670 Telephone: (916) 464–6411 Fax: (916) 464–6411 Email: salasa–as@csac.ca.gov The back–up contact person for these inquiries is: Gary Collord California Student Aid Commission 11120 International Drive, Suite 100 Rancho Cordova, CA 95670 Telephone: (916) 347–0632 Fax: (916) 464–8033 Email: gcollord@csac.ca.gov AVAILABILITY OF THE STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Commission will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office listed at the ad - dress above.

As of the date this notice is published, the rulemaking file consists of this notice, the proposed text of regulations, the initial statement of reasons, an economic and fiscal analysis, and other reference information upon which the proposed rulemaking is based. Copies may be obtained by making a written request to Synequeen Alasa–as. These documents may also be viewed and downloaded from the Commission’s website at https://www.csac.ca.gov/proposed–regulations– rulemaking–documents .

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Commission may adopt the proposed regulations substantially as described in this notice. If the Commission makes modifications which are suffi- ciently related to the originally proposed text, it will make the modified text, with changes clearly indicat - ed, available to the public for at least 15 days before the Board adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Synequeen Alasa–as at the above ad - dress.

The Commission will accept written comments on the modified regulations for 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the final statement of reasons may be obtained by making a written request to Synequeen Alasa–as at the above address. WEBSITE ACCESS Materials regarding this proposal can be found at https://www.csac.ca.gov/proposed–regulations– rulemaking–documents . TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD GENERAL INDUSTRY SAFETY ORDERS APPENDIX A TO

SECTION 5144 FIT TESTING PROCEDURES (MANDATORY) (HORCHER) NOTICE IS HEREBY GIVEN that the Occupation- al Safety and Health Standards Board (Board) propos- es to adopt, amend or repeal the foregoing provisions of title 8 of the California Code of Regulations in the manner described in the Informative Digest, below.

PUBLIC HEARING The Board will hold a public hearing starting at 10:00 a.m. on March 21, 2024 in Room 310 of the County Administration Center, 1600 Pacific Highway, San Diego, California as well as via the following. ● Video–conference at www.webex.com (meeting ID 268 984 996) ● Teleconference at (844) 992–4726 (Access code 268 984 996) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At this public hearing, any person may present state- ments or arguments orally or in writing relevant to the proposed action described in the Informative Digest.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 115 WRITTEN COMMENT PERIOD In addition to written or oral comments submitted at the public hearing, written comments may also be submitted to the Board’s office. The written comment period commences on February 2, 2024 and closes at 5:00 p.m. on March 21, 2024. Comments received after that deadline will not be considered by the Board unless the Board announces an extension of time in which to submit written comments.

Written com - ments can be submitted as follows: By mail to Sarah Money, Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; or By email sent to oshsb@dir.ca.gov. AUTHORITY AND REFERENCE Labor Code (LC)

section 142.3 establishes the Board as the only agency in the State authorized to adopt occupational safety and health standards. In ad - dition, LC 142.3 requires the adoption of occupational safety and health standards that are at least as effective as federal occupational safety and health standards. INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW The Board intends to adopt the proposed rulemak - ing action pursuant to LC 142.3, which mandates the Board to adopt regulations at least as effective as fed - eral regulations addressing occupational safety and health issues. The U.S.

Department of Labor, Occupational Safety and Health Administration (Federal OSHA) promul - gated regulations addressing additional ambient aero - sol condensation nuclei counter (CNC) quantitative fit testing protocols effective on September 26, 2019, as 29 Code of Federal Regulations (CFR),

Part 1910,

Section 1910.134, Appendix A. The Board is relying on the explanation of the provisions of the federal reg- ulations in Federal Register, Volume 84, Number 187 pages 50739–50756, September 26, 2019, as the justi- fication for the Board’s proposed rulemaking action. The Board proposes to adopt a regulation which is the same as the federal regulation except for editorial and format differences. Federal OSHA has approved two additional quanti - tative fit testing protocols for inclusion in Appendix A of the Respiratory Protection standard.

The protocols are: (1) the modified ambient aerosol CNC quantitative fit testing protocol for full–facepiece and half–mask elastomeric respirators; and (2) the modified ambient aerosol CNC quantitative fit testing protocol for fil - tering facepiece respirators. The protocols apply to employers in general industry, shipyard employment and the construction industry.

Both protocols are ab - breviated variations of the original Federal OSHA– approved ambient aerosol CNC quantitative fit testing protocol (often referred to as the PortaCount ® proto- col), but differ from the test by the exercise sets, exer- cise duration and sampling sequence. These protocols will serve as alternatives to the four existing quantita - tive fit testing protocols already listed in Appendix A of the Respiratory Protection standard and will main - tain safety and health protections for workers while providing additional flexibility and reducing compli - ance burdens.

The proposed regulation is substantially the same as the final rule promulgated by Federal OSHA. There - fore, LC 142.3(a)(3) exempts the Board from the pro - visions of

article 5 (commencing with

section 11346) and

article 6 (commencing with

section 11349) of

chapter 3.5,

part 1, division 3 of title 2 of the Govern - ment Code when adopting standards substantially the same as federal standards; however, the Board is still providing a comment period and will convene a public hearing. The primary purpose of the written and oral comments at the public hearing is to: 1. Identify any clear and compelling reasons for California to deviate from the federal standard; and 2. Identify any issues unique to California related to this proposal which should be addressed in this rulemaking and/or a subsequent rulemaking.

The responses to comments will be available in a rulemaking file on this matter and will be limited to the above areas. The Board evaluated the proposed regulations pur - suant to Government Code

section 11346.5(a)(3)(

D) and has determined that the regulations are not in - consistent or incompatible with existing state regula - tions. This proposal is part of a system of occupation - al safety and health regulations. The consistency and compatibility of that system’s component regulations is provided by such things as: (1) the requirement of the federal government and the LC to the effect that the State regulations be at least as effective as their federal counterparts, and (2) the requirement that all state occupational safety and health rulemakings be channeled through the Board. DOCUMENT RELIED UPON 1.

Federal Register, Volume 84, Number 187, Sep - tember 26, 2019. Pages 50739–50756. https:// www.osha.gov/sites/default/files/laws–regs/ federalregister/2019–09–26.pdf. This document is available for review BY AP - POINTMENT Monday through Friday from 8:00 a.m. to 4:30 p.m. at the Board office located at 2520 Venture Oaks Way, Suite 350, Sacramento, California.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 5–Z 116 Appointments can be scheduled via email at oshsb@ dir.ca.gov or by calling (916) 274–5721. COST ESTIMATES OF PROPOSED ACTION According to the Final Economic Analysis and Reg- ulatory Flexibility Certification

section of the Volume 84 of the Federal Register, Number 187, September 26, 2019, there are no additional costs expected on any private– or public–sector entity, there is an anticipated annual cost savings in excess of $4 million per year to regulated entities 1. In California, the industry–wide savings could be in excess of $500,000 per year (Cal - ifornia accounts for approximately 13 percent of the national workforce). DETERMINATION OF MANDATE The Board has determined that the proposed stan - dard does not impose a local mandate. There are no costs to any local government or school district which must be reimbursed in accordance with Government Code sections