GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2021, NUMBER 24-Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW J UNE 11, 2021 PROPOSED ACTION ON REGULATIONS TITLE 2. F AIR POLITICAL PRACTICES COMMISSION Disclosure Act — Notice File Number Z2021–0601–03 .................................................. 747 TITLE 2.

F AIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2021–0601–07 ......................................... 748 Amendment Multi–County: Consolidated Irrigation District KIPP Bay Area Schools Glenn–Colusa Irrigation District San Bernardino Community College District State Agency: State Public Defender TITLE 3. DEP ARTMENT OF FOOD AND AGRICULTURE Industrial Hemp Registration — Notice File Number Z2021–0527–01 ...................................... 749 TITLE 4.

HORSE RACING BOARD Thyroxine Restricted — Notice File Number Z2021–0528–01 ............................................. 753 TITLE 8. PUBLIC EMPLOYMENT RELATIONS BOARD Case Processing Procedures and State Mediation and Conciliation Service Update — Notice File Number Z2021–0601–01 .................................................. 755 TITLE 14. DEP ARTMENT OF PARKS AND RECREATION Grants and Cooperative Agreement Program — Notice File Number Z2021–0601–04 ......................... 764 TITLE 16.

DENT AL HYGIENE BOARD Retired Licensure — Notice File Number Z2021–0528–02 ............................................... 767 (Continued on next page) Time- Dated Material

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080–2021–004–003 concerning Dos Osos Reservoir Replacement, Contra Costa County ................................................. 771 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Casmalia Resources Superfund Site 2080–2021–005–05, Santa Barbara County .............................................. 773 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Intent to List — THF and 3 Acrylates ........................................................ 774 RULEMAKING PETITION DECISIONS DEPARTMENT OF CORRECTIONS AND REHABILITATION In Response to Petition from Griselda C.

Moore re: Providing Healthcare Information to Inmates on Tablets ................................................. 775 DEPARTMENT OF CORRECTIONS AND REHABILITATION In Response to Petition from Griselda C. Moore re: Inmate Leisure Time Activity Group Bylaws on Tablets .................................................. 776

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 777 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 747 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. F AIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the au- thority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, pro- poses to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulations at a public hearing on or after July 15, 2021 at the offic- es of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California, commenc- ing at approximately 10:00 a.m. Written comments should be received at the Commission offices no later than 5:00 p.m. on July 13, 2021.

BACKGROUND/OVERVIEW Commission staff has identified a need for clarifica- tion on how disclosures should appear on certain types of communications.

The proposed regulations relate to disclosures on electronic slate mailers, paid spokes- person disclosures for ballot measure advertisements, disclosures on campaign advertisements in languages other than English, more detailed disclosure require - ments on campaign advertisements for which specific guidance is not already provided in the Act or current regulations, required disclosures for advertisements that are in both an audio and visual format that typ - ically appear on mobile phone listening applications similar to that of Spotify or Pandora Radio.

Proposed amendments include amendments to Regulations 18435.5, and 18450.11; and adoption of Regulations 18450.6, 18450.7, and 18450.8. 1 T he Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sec - tions 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. REGULATORY ACTION Amend 2 Cal.

Code Regs.,

Section 18435.5 — Slate Mailer Requirements The Commission may consider amendments to Regulation 18435.5. This regulation was originally ad- opted by the Commission to clarify how and when the slate mailer disclosures required by

Section 84305.5 must appear, including on the mailer itself as well as the outside of the mailer such as on an envelope. However, Regulation 18435.5 currently provides that the identification and disclosure requirements found in

Section 84305.5 must be followed for electronic slate mailers but does not provide specificity on how the requirements should be followed when the slate mailer is in an electronic format that does not have a physical “outside” like traditional mail. The proposed amend - ments would clarify how the disclosure rules in the regulation apply to electronic slate mailers and how and where those disclosures must appear. Amend 2 Cal. Code Regs.,

Section 18450.11 — Spokesperson Disclosure The Commission may consider amendments to Regulation 18450.11, which provides guidance on the paid spokesperson disclosure requirements of

Section 84511 for ballot measure advertisements. Proposed amendments to Regulation 18450.11 would require a committee to include the paid spokesperson disclosure on ballot measure advertisements and file the report required under

Section 84511 even in the case when the committee that paid for the advertisement coordi - nated with a separate person who specifically paid for the appearance of the spokesperson in an advertise - ment, but that person does not qualify as a committee. Adopt 2 Cal. Code Regs.,

Section 18450.6 — Disclosure on Advertisements in Languages Other than English The Commission may consider adoption of Regulation 18450.6. Proposed Regulation 18450.6 pro- vides disclosure requirements for advertisements that appear primarily in a language other than English. The Act’s campaign advertisement disclosure provi - sions have been drafted so as to ensure that the public is able to understand them, such as requiring all dis - closures to be spoken clearly, easily readable, and ac - cessible to the average viewer under Sections 84504, 84504.1, 84504.2, 84504.3, 84504.4, 84504.5, 84504.6, and 84504.7.

The proposed regulation would require advertisement disclosures to appear in the same lan - guage in which the advertisement primarily appears, with the exception of the committee’s name, which must appear as it does in the committee’s campaign filings.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 748 Adopt 2 Cal. Code Regs.,

Section 18450.7 — Advertisement Disclosure for Advertisements in Formats Not Specifically Addressed The Commission may consider the adoption of Regulation 18450.7. Proposed Regulation 18450.7 addresses the disclosure display requirements for ad - vertisements that are required to have

Section 84502, 84503, and 84506.5 disclosures, but for which a dis - play format for those disclosures is not specifically addressed within the Act or current regulations. The Commission may also consider additional recordkeep- ing requirements for advertisements in formats that are not in a tangible format such as a laser projection. Adopt 2 Cal. Code Regs.,

Section 18450.8 — Disclosure for Advertisements on Listening Applications that are Both Audio and Visual The Commission may consider the adoption of Regulation 18450.8. Proposed Regulation 18450.8 ad- dresses a current gap in guidance on electronic adver - tisement disclosures subject to

Section 84504.3 where the advertisement appears both in a visual and an au - dio format on an electronic application intended most- ly for listening but also has a visual aspect, such as the music listening application Pandora. The proposed regulation would treat the spoken portion of the adver- tisement as “audio only” requiring spoken disclosures and treat the visual portion of the advertisement as one that requires disclosures to be displayed in written format as required by

Section 84504.3’s image rules or video rules unless a spoken disclosure is already required. SCOPE: The Commission may adopt the language noticed herein, or it may choose new language to im - plement its decisions concerning the issues identified above or any related issues. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. These regula- tions will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. These regula - tions will have no fiscal impact on any local entity or program. Fiscal Impact on Federal Funding of State Programs. These regulations will have no fiscal im - pact on any local entity or program. AUTHORITY:

Section 83112 provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the pur - poses and provisions of the Act. REFERENCE: The purpose of this regulation is to implement, interpret, and make specific Government Code Sections 84305.5, 84502, 84503, 84504, 84504.1, 84504.2, 84504.3, 84504.4, 84504.5, 84504.6, 84504.7, 84506.5, and 84511.

CONTACT: Any inquiries should be made to Katelyn Greene, Fair Political Practices Commission, 1102 Q Sreet., Suite 3000, Sacramento, CA 95811; telephone (916) 322–5660 or 1–866–ASK–FPPC, or by email at kgreene@fppc.ca.gov. Proposed reg - ulatory language can be accessed at http://www. fppc.ca.gov/the–law/fppc–regulations/proposed– regulations–and–notices.html . TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political 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: Consolidated Irrigation District KIPP Bay Area Schools Glenn–Colusa Irrigation District San Bernardino Community College District State Agency: State Public Defender A written comment period has been established commencing on June 11, 2021 and closing on July 26, 2021.

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

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

s) will be submit - ted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest code(s), proposed pursuant to Government Code

Section 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 749 the proposed code(

s) to the agency for revision and re–submission within 60 days without further notice. Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code(s). Any writ - ten comments must be received no later than July 26, 2021. 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 increased costs to local government which may re - sult 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. Therefore, they are not “costs mandated by the state” as defined in Government Code

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

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

s) should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. 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 Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture proposes to adopt sections 4901 and 4902 in Title 3 of the California Code of Regulations (CCR) pertaining to Registration Application for Industrial Hemp and Criminal History Report for Industrial Hemp Registration. PUBLIC HEARING A public hearing is not scheduled. However, a public 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 representative may submit written comments relevant to the proposed regulation to the Department. Comments may be submitted by USPS, FAX or email. The written comment period closes on July 26, 2021. The Department will consider only comments received at the Department offices by that time or postmarked no later than July 26, 2021.

Submit comments to: Dean Kelch Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 dean.kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) In Mr. Kelch’s absence, you may contact Erin Lovig at (916) 654–1017 or erin.lovig@cdfa.ca.gov. Unless there are substantial changes to the proposed regulation prior to adoption, 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

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 750 following the written comment period if no public hearing is requested, the Department of Food and Agriculture, 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 adopt CCR Sections 4901 and 4902 pursuant to the authority under sections 401.5 and 407 of the Food and Agricultural Code (FAC) of California. REFERENCE The Department proposes this action to implement, interpret and make specific sections 81003, 81004, and 81013 of the FAC. INFORMATIVE DIGEST/PLAIN ENGLISH OVERVIEW The FAC

Section 407 authorizes the Secretary to adopt “such regulations as are reasonably necessary to carry out the provisions of this code which he is directed or authorized to administer or enforce.” Additionally, FAC

Section 401.5 requires the Department to “seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber in a way that benefits the general welfare and economy of the state.” Additionally, FAC

Section 401.5 states: “The department shall also seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber in a way that benefits the general welfare and economy of the state.” This adoption of CCR Sections 4901 and 4902 will create timeframes,

definitions, and procedures for industrial hemp registration and program eligibility determination based on controlled substance related felony convictions. The purpose of the proposed regulations is to promote a well–regulated industry, high–quality industrial hemp production, and comply with federal requirements as described in the Agriculture Improvement Act of 2018 (2018 Farm Bill). The Department considered any other possible related regulations in this area and finds that these are the only regulations dealing in this subject area, and the Department is the only State agency that can implement this proposed regulation. As required by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of this proposed regulation and has determined that it is not inconsistent or incompatible with existing state regulations. EXISTING LAWS AND REGULATIONS Existing law, as amended by SB 153, requires that before the cultivation, growers of industrial hemp, hemp breeders, and established agricultural research institutions shall register with the commissioner of the county in which the cultivator intends to engage in hemp cultivation (FAC Sections 81003(a)(1), 81004(a)(1), and 81004.5(a)(1)).

However, the registration requirement for established agricultural research institutions is not operative until California’s state regulatory plan is approved (FAC

Section 81004.5(h)). Existing law, as amended by SB 153, requires the county agricultural commissioners to determine that the requirements for registration pursuant to FAC Division 24 are met and that the applicant is eligible to participate in the industrial hemp program before issuing registration to the applicant (FAC Sections 81003(b), 81004(

b) and 81004.5(b)). Existing law, as amended by SB 153, restricts any person convicted of a felony related to a controlled substance under state or federal law before, on, or after January 1, 2020 from participating in the industrial hemp program for 10 years from the date of the conviction (FAC

Section 81013). Existing law, as amended by SB 153, requires that the Secretary develop and submit a state plan, consistent with FAC Division 24, pursuant to

Section 297B of the federal Agricultural Marketing Act of 1946 (115– 334), including a certification that the state has the resources and personnel to carry out the practices and procedures described in clauses (

i) to (iv), inclusive, of subparagraph (

A) of paragraph (2) of subsection (

a) of that section. (FAC

Section 81015). Existing law, as amended by SB 153, prohibits the cultivation of industrial hemp on premises licensed by the Department to cultivate or process cannabis (as defined by law). Industrial hemp, regardless of its THC content, that is cultivated on premises licensed by the Department for cannabis cultivation shall be considered as cannabis as defined in

Section 26001(

f) of the Business and Professions Code (BPC) and subject to licensing and regulatory requirements for cannabis pursuant to BPC Division 10. FAC

Section 407 authorizes the Secretary to adopt “such regulations as are reasonably necessary to carry out the provisions of this code which he is directed or authorized to administer or enforce.” Additionally, FAC

Section 401.5 requires the Department to “seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber in a way that benefits the general welfare and economy of the state.”

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 751 ANTICIPATED BENEFITS FROM THIS REGULATORY ACTION Establishment of timeframes,

definitions, and procedures for industrial hemp registration and program eligibility determination will allow commercial cultivation of industrial hemp to comply with federal requirements, be harvested in California, and allow the growth of the industrial hemp industry in California. According to Vote Hemp, the United States has seen significant growth in acreage of industrial hemp cultivation: 9,770 acres of industrial hemp were grown in 2016; 25,713 acres were grown in 2017; and 78,176 acres were grown in 2018.

Currently, most hemp products processed and manufactured in the United States heavily rely on imported material, according to the Congressional Research Service. Imports of industrial hemp material into the United States have increased over the last decade. Without this regulation, most industrial hemp production in California would not be in compliance with federal law and unable to contribute to the domestic hemp supply. With this regulation, the state of California will be able to promote a well–regulated industry with high quality industrial hemp production.

Without procedures for compliance with this federal law registered growers and breeders will not be able to comply with federal requirements and be forced to shutter operations. This would result in higher prices to California consumers if California is not contributing to the domestic hemp supply. 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 sections 4901 and 4902 and has determined that they are not inconsistent or incompatible with existing state regulations. Adopted Text CCR

Section 4901 Registration Application for Industrial Hemp Cultivation establishes timeframes and procedures for registration, registration amendments, and registration renewals for industrial hemp cultivation so growers of industrial hemp, hemp breeders, and established agricultural research institutions remain in compliance with all applicable state and federal requirements. The CCR

Section 4901 outlines the procedures for commissioner approval, refusal, and revocation of registration. Additionally, the proposed

section further specifies the type of registration information to be reported to USDA in accordance with FAC Sections 81003(e), 81004(g), and 81004.5(f ). CCR

Section 4902 Criminal History Report for Industrial Hemp Registration establishes timeframes,

definitions, and procedures for submitting criminal history reports for program eligibility determination based on controlled substance related felony convictions. Disclosures Regarding the Proposed Action The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. 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.

Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states: None. Cost impacts on a representative private person or business: The proposed rulemaking would require applicants to provide a Federal Bureau of Investigation’s Identity History

Summary for each key participant. A Federal Bureau of Investigation’s Identity History

Summary costs $18 and requires fingerprinting. Fingerprinting can be taken by local, county, or state law enforcement, or private companies including an FBI–approved Channeler. Based on quotes from three options in California, estimated fingerprinting costs approximately $10 to $15 per set. Given the current number of registrants, the total cost to the industry is expected to be between $15,000 and $18,000 in the first 12 months. Significant effect on housing costs: None.

Results of the Economic Impact Analysis/ Assessment The Department has concluded that: (1) sections 4901 and 4902 will create or eliminate jobs within California. Some current registrants may become ineligible to grow industrial hemp under these regulations. The Department expects that this number will be small, as these requirements have been anticipated for some time.

It is also expected that any lost acreage will be replaced by eligible growers, (2) will have no impact on the creation or elimination of businesses within the State of California, (3) will not affect the expansion of businesses currently doing business within California, except that any acreage lost due to ineligible growers is expected to be replaced by eligible growers,

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 752 (4) is not expected to have a direct effect on the health and welfare of California residents, and (5) is not expected to have a direct impact on the state’s environment. The Benefits of the Proposed Action: The Department has determined the adoption of these regulations would benefit: • the general public • homeowners and community gardens • agricultural industry • the State’s general fund There are no known specific benefits to worker safety or the health of California residents.

Small Business Determination: It will cost small businesses $33 for each background check, assuming each business will only have one key participant.

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 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 Department invites interested persons to present alternatives during the written comment period.

CONTACT PERSONS The agency officer to whom written comments and inquiries about the initial statement of reasons, proposed actions, location of the rulemaking files, and request for a public hearing may be directed is: Dean Kelch California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 dean.kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) The backup contact person for these inquiries is: Erin Lovig California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 erin.lovig@cdfa.ca.gov 916.654.1017 916.651.2900 (FAX) A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department of Food and Agriculture has prepared an initial statement of reasons for the proposed action, has available all the information upon which its proposal is based, and has available the express terms of the proposed action.

A copy of the initial statement of reasons and the proposed regulations in underline and strikeout form may be obtained 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 reasons 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 described in this notice.

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

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. INTERNET ACCESS The Department has posted the information regarding this proposed regulatory action on its

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 753 Internet website ( https://www.cdfa.ca.gov/plant/ Regulations.html). TITLE 4. HORSE RACING BOARD NOTICE OF PROPOSAL TO ADD RULE 1866.4. THYROXINE RESTRICTED The California Horse Racing Board (Board) proposes to amend the regulations described below after considering all comments, objections, or recommendations regarding the proposed action.

PROPOSED REGULATORY ACTION The California Horse Racing Board (Board) proposes to add Board Rule 1866.4, Thyroxine Restricted, to provide a regulation governing the administration of thyroxine for horses within Board inclosures. 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 authorized representative, no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested persons, or their authorized representative, may submit written comments about the proposed regulatory action to the Board. The written comment period closes on July 26, 2021. The Board must receive all comments at that time. Submit comments to: Nicole Lopes–Gravely California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263–6397 Fax: (916) 263–6022 E–mail: nlgravely@chrb.ca.gov AUTHORITY AND REFERENCE Authority: Sections 19580, 19581 and 19582, Business and Professions Code (BPC). Reference: Sections 19580, 19581 and 19582, BPC.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 19580 requires the Board to adopt regulations to establish policies, guidelines, and penalties relating to equine medication to preserve and enhance the integrity of horse racing in California. BPC

section 19581 states that no substance of any kind shall be administered by any means to a horse after it has been entered to race in a horse race, unless the board has, by regulation, specifically authorized the use of the substance and the quantity and composition thereof. BPC

section 19582 provides that violations of BPC

section 19581, as determined by the board, are punishable as set forth in regulations adopted by the board, and that the Board may classify violations based upon each class of prohibited drug substances, prior violations within the previous three years and prior violations within the violator’s lifetime. Thyroxine (levothyroxine sodium) is a product for the treatment of hypothyroidism, or underperformance of the thyroid gland, in horses. Hypothyroidism is rare in horses and especially so in young racehorses. Nevertheless, thyroid hormones, primarily as levothyroxine, are commonly prescribed.

Thyroxine has been associated with cardiac arrhythmias and atrial fibrillation in humans and anecdotally similar cardiac arrhythmias and atrial fibrillation have been reported in horses. While the Board cannot assert a cause–and–effect relationship, one sudden death in 2020 occurred five days after the horse was prescribed thyroxine. Thyroxine overuse in racehorses gained attention in 2013 when the Board launched an investigation into the sudden deaths of seven horses all trained by the same trainer. All seven horses were administered thyroxine through their feed.

After the Board’s Sudden Death Reports in 2013, the Board issued an advisory requiring a specific diagnosis and other prescribing, reporting and labeling instructions for thyroxine and any other thyroid hormone or thyroid hormone analogs. Notwithstanding the Board’s advisory, in 2020, veterinarians reporting to the official veterinarians on just the Southern California Thoroughbred circuit and their auxiliary training centers had reported 256 prescriptions for thyroxine from January 1, 2020, through the first week of October 2020.

Over half of the prescriptions were for two trainers and 80% of the thyroxine had been prescribed by just three veterinarians. The proposed addition of Board Rule 1866.4 will restrict the use of thyroxine for horses within a Board inclosure. Specifically, the addition of Board Rule 1866.4 will require a TRH– (thyrotropin–releasing hormone) response test to be performed by a Board– licensed veterinarian, a positive hypothyroidism test be obtained, and the positive result indicating

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 754 hypothyroidism be submitted to the official veterinarian or equine medical director for review and approval of a thyroxine prescription based on their independent determination that the test result confirms the hypothyroidism diagnosis.

It will also specify that following approval of the prescription, the thyroxine prescription cannot exceed 90 calendar days without further re–authorization from the official veterinarian or equine medical director and a horse administered thyroxine is ineligible to start in a race for 30 calendar days of last administration. Finally, it will prohibit the possession of thyroxine or any other thyroid hormone analog within the racing enclosure without a prescription.

The proposed regulatory action will help preserve and enhance the integrity of horse racing in California with respect to equine medication, which will benefit the health and safety of racehorses and the safety of their riders. The proposed addition of Board Rule 1866.4 will ensure only those horses diagnosed with hypothyroidism are approved for a prescription for thyroxine administration. This will limit the use of race day medications and reduce fatalities in racing by regulating the use of thyroxine.

POLICY STATEMENT OVERVIEW OF ANTICIPATED BENEFITS OF PROPOSAL The proposed addition of Board Rule 1866.4 will provide a regulation governing the administration of thyroxine for horses within Board inclosures and will ensure only those horses diagnosed with hypothyroidism are approved for a prescription for thyroxine administration. This will contribute to the overall health of the horse, which will help prevent injuries and accidents from occurring, thereby increasing safety for the horse and its rider.

CONSISTENCY EVALUATION During the process of developing the regulations, the Board has conducted a search for any similar regulations on this topic and has concluded that this regulation is neither inconsistent nor incompatible with existing state regulations. DISCLOSURE REGARDING THE PROPOSED ACTION/RESULTS OF THE ECONOMIC IMPACT ANALYSIS Mandate on local agencies or school districts: none. Cost or savings to any state agency: none. Cost to any local agency or school district that must be reimbursed in accordance with Government Code (GC)

section 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 addition of Board Rule 1866.4 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 proposed regulation will ensure only those horses diagnosed with hypothyroidism are approved for a prescription for thyroxine administration.

This will limit the use of race day medications and reduce fatalities in racing by regulating the use of thyroxine. The following studies/relevant data were relied upon in making the above determination: RMTC Racing Medication and Testing Consortium and the AAEP American Association of Equine Practitioners: “Thyroxine Advisory” (dated August 18, 2020). California Horse Racing Board: “Report on the Investigation and Review of the Seven Sudden Deaths on the Hollywood Park Main Track of Horses Trained by Bob Baffert and Stabled in Barn 61,” (November 2013).

Cost impact on representative private persons or businesses: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant effect on housing costs: none. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The adoption of the proposed regulation will not (1) create or eliminate jobs within California; (2) create new businesses or eliminate existing businesses within California; (3) result in the expansion of businesses currently doing business within the state; or (4) benefit the state’s environment.

The proposed addition of Board Rule 1866.4 will restrict the use of thyroxine for horses within a Board inclosure. As such, the proposed regulatory action will only affect trainers of a horse that seek the use of thyroxine, Board–licensed veterinarians that perform the TRH–response test, and the official veterinarian or equine medical director that reviews the test results and approves a thyroxine prescription. Therefore, the proposed regulatory action will have an effect on only horseracing and not any other type of California business, and no negative economic impact is anticipated.

Effect on small businesses: none. The proposal to add Board Rule 1866.4 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

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 755 regulation will ensure only those horses diagnosed with hypothyroidism are approved for a prescription for thyroxine administration. This will limit the use of race day medications and reduce fatalities in racing by regulating the use of thyroxine. 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 otherwise 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 on 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 PERSON 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 information upon which the rulemaking is based should be directed to: Nicole Lopes–Gravely Associate Governmental Program Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263–6397 Fax: (916) 263–6022 E–mail: nlgravely@chrb.ca.gov If the person named above is not available, interested parties may contact: Amanda Drummond, Manager Policy and Regulations Telephone: (916) 263–6033 Email: amdrummond@chrb.ca.gov A VAILABILITY 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 texts of the regulations, and the initial statement of reasons. Copies of these documents, or any of the information upon which the proposed rulemaking is based, may be obtained by contacting Nicole Lopes–Gravely, or the alternative contact person at the address, phone number or e–mail address listed above.

A VAILABILITY 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 which are sufficiently related to the originally proposed texts, the modified texts, 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 regulations. Requests for copies of any modified regulations should be sent to the attention of Nicole Lopes–Gravely 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. A VAILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of reasons, which will be 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. BOARD WEB ACCESS The Board will have the entire rulemaking file available for inspection throughout the rulemaking process at its web site.

The rulemaking file consists of the notice, the proposed text of the regulations and the initial statement of reasons. The Board’s website address is: www.chrb.ca.gov. TITLE 8. PUBLIC EMPLOYMENT RELATIONS BOARD The Public Employment Relations Board (PERB or Board) proposes to adopt and amend the regulations described below after considering all comments, objections, and recommendations regarding the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 756 PROPOSED REGULATORY ACTION The Board proposes to adopt proposed new

section 32312, and amend sections 32056, 32060, 32110, 32121, 32140, 32150, 32155, 32170, 32180, 32190, 32205, 32300, 32310, 32720, 32792, 32998, 32999, 93000, 93025, 93030, 93045, 93055, 93070, and

Section 32056 defines the terms, “State Mediation and Conciliation Service” and “Director”.

Section 32060 defines, “The headquarters office”.

Section 32110 provides electronic filing requirements.

Section 32121 identifies the place to file matters with State Mediation and Conciliation Service.

Section 32140 identifies the proper recipients for service.

Section 32150 describes the manner in which parties obtain, serve, challenge, and enforce subpoenas.

Section 32155 concerns recusals.

Section 32170 describes the authority of a Board agent conducting a formal hearing.

Section 32180 describes the rights of parties during a formal hearing.

Section 32190 describes the filing of motions during a formal hearing.

Section 32205 involves the process for requesting a continuance of a formal hearing.

Section 32300 describes the process for filing exceptions to a decision by a Board agent.

Section 32310 concerns a response to the filing of exceptions to a decision by a Board agent. Proposed

section 32312 addresses the filing of a reply to a response to exceptions.

Section 32720 describes the Board’s authority to conduct representation elections.

Section 32792 concerns requests for the Board to determine impasse and appoint a mediator.

Section 32998 concerns reimbursement for services by State Mediation and Conciliation Service.

Section 32999 concerns elections conducted by State Mediation and Conciliation Service.

Section 93000 defines various transit districts under the Public Utilities Code.

Section 93025 concerns investigations of representation petitions by State Mediation and Conciliation Service.

Section 93030 concerns the conduct of hearings by State Mediation and Conciliation Service.

Section 93045 concerns the use of subpoenas in proceedings conducted by State Mediation and Conciliation Service.

Section 93055 describes the duties of a hearing officer following a hearing conducted by State Mediation and Conciliation Service.

Section 93070 describes election procedures.

Section 93075 concerns runoff elections. 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 authorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to the Board.

Comments may also be submitted by facsimile (FAX) at (916) 327–6377 or by e–mail at felix.delatorre@ perb.ca.gov. The written comment period closes on July 26, 2021, which is 45 days after the publication of this notice. The Board will only consider comments received at the Board offices by that time. Submit written comments to: J. Felix De La Torre, General Counsel Public Employment Relations Board 1031 18th Street Sacramento, CA 95811 AUTHORITY AND REFERENCE Pursuant to Government Code

section 3541.3(g), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Educational Employment Relations Act (EERA). Pursuant to Government Code sections 3509(

a) and 3541.3(g), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Meyers– Milias–Brown Act (MMBA). Government Code

section 3513(

h) authorizes the Board to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Ralph C. Dills Act (Dills Act). Government Code

section 3563(

f) authorizes the Board to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Higher Education Employer–Employee Relations Act (HEERA). Pursuant to Public Utilities Code

section 99561(f), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Los Angeles County Metropolitan Transportation Authority Transit Employer–Employee Relations Act (TEERA). Pursuant to Government Code sections 3541.3(

g) and 71639.1(b), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Trial Court Employment Protection and Governance Act (Trial Court Act). Pursuant to Government Code sections 3541.3(

g) and 71825(b), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Trial Court Interpreter Employment and Labor Relations Act (Court Interpreter Act). Pursuant to Government

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 757 Code sections 3541.3(

g) and 3524.52(a), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Judicial Council Employer–Employee Relations Act (JCEERA). Pursuant to Government Code sections 3541.3(

g) and 3555(c), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Public Employee Communication

Chapter (PECC). Pursuant to Government Code sections 3541.3(

g) and 3551(a), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Prohibition on Public Employers Deterring or Discouraging Union Membership

chapter (PEDD). Pursuant to Education Code sections 8431(e), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Child Care and Development Act (Childcare Provider Act). Pursuant to Government Code

section 3541.3(g), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Orange County Transit District Act (OCTDA). Pursuant to Government Code

section 3541.3(g), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Bay Area Transit District (BART) Act. General reference for

section 32056 of the Board’s regulations:

Section 3600, Government Code. General reference for

section 32060 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Public Utilities Code. General reference for

section 32110 of the Board’s regulations: Sections 3509, 3513, 3514.5, 3541.3, 3541.5, 3551(a), 3555.5(c), 3563, 3563.2, 71639.1 and 71825, Government Code; and Sections 99561 and 99561.2, Public Utilities Code. General reference for

section 32121 of the Board’s regulations: Sections 3600, 3601, 3603 and 3611, Government Code; and Sections 25051, 25052, 28850, 28851, 30750, 30751, 30754, 30756, 40120, 40122, 50120, 50121, 70120, 70122, 90300, 95650, 95651, 98162.5, 100301, 100305, 100306, 101341, 101342, 101344, 102401, 102403, 103401, 103404, 103405, 103406, 125521, 125526, Appendix 1, Sections 4.2 and 4.4, and Appendix 2, Sections 13.90, 13.91 and 13.96, Public Utilities Code. General reference for

section 32140 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Public Utilities Code. General reference for

section 32150 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 3601, 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General reference for

section 32155 of the Board’s regulations: Sections 3509, 3509.5, 3513, 3520, 3541.3, 3542, 3551(a), 3555.5(c), 3557, 3563, 3564, 71639.1, 71639.4, 71825 and 71825.1, Government Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561, 99562, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. General reference for

section 32170 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3541.3(k), 3551(a), 3555.5(c), 3563(g), 3563(j), 71639.1 and 71825, Government Code; and Sections 99561(

g) and 99561(j), Public Utilities Code. General reference for

section 32180 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General reference for

section 32190 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General reference for

section 32205 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General reference for

section 32300 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 3563(j), 3563(m), 71639.1 and 71825, Government Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. General reference for

section 32310 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 3563(j), 3563(m), 71639.1 and 71825, Government Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. General reference for proposed

section 32312 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 3563(j), 3563(m), 71639.1 and 71825, Government Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. General reference for

section 32720 of the Board’s regulations: Sections 3541.3(c), 3541.3(e), 3541.3(g), 3541.3(l), 3541.3(m), 3513(h), 3520.5(b), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(k), 99561(l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32792 of the Board’s regulations: Sections 3518, 3548 and 3590, Government

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 758 Code. General reference for

section 32998 of the Board’s regulations: Sections 3551(a), 3555.5(c), 3557, 3600, 3601, 3602, 3603 and 3611, Government Code; Sections 25051, 25052, 28850, 28852, 30750, 30751, 30756, 40120, 40122, 50120, 50121, 70120, 70121, 95650, 95651, 98162.5, 100301, 100304, 100305, 100306, 101341, 101342, 101344, 102401, 102403, 103401, 103404, 103405, 103406, 120502, 120503, 120505, 125521, 125524, 125525, 125526, Appendix 1,

Section 4.1 and Appendix 2,

Section 13.90, Public Utilities Code;

Section 11010, Government Code; and Sections 8740 and 8752, State Administrative Manual. General reference for

section 32999 of the Board’s regulations: Sections 3502.5(b), 3502.5(d), 3507.1(c), 71632.5(c), 71636.3 and 71814(c), Government Code. General reference for

section 93000 of the Board’s regulations: Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor– Management Relations Act, 1947,

Section 9, 29 USC

Section 159; 29 CFR Sections 102.60–102.72. General reference for

section 93025 of the Board’s regulations: Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947,

Section 9, 29 USC

Section 159; 29 CFR Sections 102.60–102.72. General reference for

section 93030 of the Board’s regulations: Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947,

Section 9, 29 USC

Section 159; and 29 CFR Sections 102.60–102.72. General reference for

section 93045 of the Board’s regulations: Reference: Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947,

Section 9, 29 USC

Section 159; 29 CFR Sections 102.60–102.72. General reference for

section 93055 of the Board’s regulations: Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947,

Section 9, 29 USC

Section 159; 29 CFR Sections 102.60– 102.72. General reference for

section 93070 of the Board’s regulations: Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947,

Section 9, 29 USC

Section 159; 29 CFR Sections 102.60–102.72. General reference for

section 93075 of the Board’s regulations: Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947,

Section 9, 29 USC

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

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

Dills Act (Dills Act), establishing collective bargaining for state government employees; the Higher Education Employer–Employee Relations Act (HEERA) of 1979 extending the same coverage to the California State University System, the University of California System and Hastings College of Law; the Los Angeles County Metropolitan Transportation Authority Transit Employer–Employee Relations Act (TEERA) of 2003, which covers supervisory employees of the Los Angeles County Metropolitan Transportation Authority; the Trial Court Employment Protection and Governance Act (Trial Court Act) of 2000 and the Trial Court Interpreter Employment and Labor Relations Act (Court Interpreter Act) of 2002, which together provide for collective bargaining rights for most trial court employees; and the Judicial Council Employer– Employee Relations Act (JCEERA) of 2018, which establishes collective bargaining for Judicial Council employees; the Building a Better Early Care and Education System Act of 2019, known as the Childcare Provider Act (CCPA), establishes collective bargaining for family childcare providers who participate in a state–funded early care and education program.

In 2020, the Legislature gave PERB jurisdiction over the Bay Area Rapid Transit District Act (BART Act), where the Board has jurisdiction over disputes relating to employer–employee relations at BART, and jurisdiction over the Orange County Transit District Act (OCTDA) in the Public Utilities Code giving PERB jurisdiction over unfair practice charges at the Orange County Transportation Authority.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 759 The proposed regulation and amendments update the Board’s rules that govern the circumstances requiring Board members and PERB employees to recuse themselves from proceedings; the filing of exceptions to Proposed Decisions; the use of discovery and motions in formal hearings; and standards for obtaining continuances of a formal hearing.

In addition, the proposed amendments update the description of the facilitation services offered by State Mediation and Conciliation Service (SMCS) and correct the title of the individual charged with overseeing SMCS from Supervisor to Director. To a great degree, these amendments are intended to consolidate duplicative rules, fill gaps, and simplify the Board’s procedures and processes for case adjudication in a way that makes the regulations more understandable to attorneys and non–attorneys alike. Over time, the Legislature has continued to place additional public employers under PERB’s jurisdictions.

As a consequence, the Legislature has added more than two million public employees and their associated caseloads to the Board’s jurisdiction. In response, PERB has continued to evaluate changes to case processing intended to be more efficient and streamlined. On April 13, 2017, the Board approved a Case Processing Efficiency Initiative to generate ideas for the improvement and streamlining of case processing.

The Board solicited feedback from staff and constituents on the updates needed to make our proceedings efficient and user–friendly, keeping in mind that many constituents are non–attorneys or pro per litigants unfamiliar with legal procedures in an administrative law setting. PERB’s case– adjudication processes differ from other judicial forums in that non–attorney parties may not only self– represent (pro per litigants) but may be represented by non–attorney representatives.

It is therefore not uncommon for non–attorneys to appear on behalf of individuals or organizations and navigate their way through PERB’s case adjudication processes and the corresponding regulations. As revealed through the stakeholder meetings that were part of the Case Processing Efficiency Initiative, PERB’s case processing regulations are often unnecessarily complicated, incomplete, obsolete, or ambiguous. These problems often cause litigants to commit errors or missteps, which delay case adjudication. Aside from the delays, these errors create additional work for PERB’s attorneys and judges.

For this reason, the Board determined it was necessary to amend the regulations to make them user–friendly, detailed, and understandable. On June 14, 2018, the Board approved the Case Processing Efficiency Initiative Report, which included a number of recommendations. These proposed regulations incorporate some of those recommendations. INFORMATIVE DIGEST A. Adoption of New Sections Proposed

Section 32312 adds a provision to allow the filing of a reply brief in support of a statement of exceptions to a decision by a Board agent. B. Amendment to the Text of Existing Sections

Section 32056 provides

definitions for State Mediation and Conciliation Service and the officer that oversees that division. The amendment replaces the term “Supervisor” with “Director” as the definition for the officer that oversees State Mediation and Conciliation Service.

Section 32060 states that the Board itself, the General Counsel, the Chief Administrative Law Judge, and the Executive Director are located in the headquarters office. The proposed amendment adds the Director of State Mediation and Conciliation Services as being located in the headquarters office.

Section 32110 provides electronic filing requirements. The proposed amendment corrects a typographical error that cites to the incorrect subdivision which sets size limits on a Portable PDF.

Section 32121 describes the appropriate location for filing documents with State Mediation and Conciliation Service. The proposed changes would replace the San Francisco Regional office with the Sacramento Regional Office as the office to file matters with State Mediation and Conciliation Service.

Section 32140 describes the proper recipient for service of process. The proposed amendment removes the reference to service by facsimile, which is no longer authorized by the regulations. In addition, the proposed change adds “other public school employers” to the list of public entities authorized to receive service of process in a PERB proceeding.

Section 32150 describes the issuance of subpoenas in formal hearings. The proposed changes would define the different types of subpoenas; specify the content needed for each type of subpoena; describe the method of serving a subpoena on a witness; add rules for motions that seek to extend the date for production of documents, for revoking or limiting a subpoena, and to enforce a subpoena, as well as other changes that clarify the use of subpoenas.

Section 32155 describes the grounds for disqualifying a Board agent or Board Member from participating in PERB proceedings. The proposed changes would describe grounds for recusal of Board Members and Board agents, but also adds the General Counsel, Chief Administrative Law Judge, Legal Advisors, conciliators, mediators, and other PERB

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 760 officers, employees, or contractors as being subject to recusal.

Section 32170 describes the powers and the duties of a Board agent conducting a hearing. The proposed change now describes the “authority” of a Board agent conducting a hearing. The proposed change includes

definitions for “Prehearing conference”, “Formal Hearing”, and “Hearing”. The proposed amendment further authorizes the use of video conferencing to conduct hearings and describes a Board agent’s authority to address motions during a hearing, including motions related to protective orders.

Section 32180 concerns the rights of parties during a hearing. The proposed change provides that parties may self–represent, be represented by counsel, or be represented by a non–attorney representative. The proposed amendment gives a Board agent the authority to decide the best forum to conduct a hearing, including the use of a video hearing.

Section 32190 concerns motions filed with PERB. The proposed change would establish that the rules governing motions apply only after the Office of the General Counsel issues a complaint. The proposed regulation also designates deadlines for the filing of certain motions, as well as longer briefing schedules for those motions.

Section 32205 concerns requests for continuances during a formal hearing. The proposed change includes additional rules for parties requesting a continuance, which differ based on the number of days the request is made prior to a formal hearing. The proposed regulation also includes new filing requirements and describes the grounds that the administrative law judge considers when ruling on a request for a continuance.

Section 32300 concerns the filing of exceptions with the Board itself to a Proposed Decision. The proposed change eliminates the requirement that parties file a brief along with the statement of exceptions, describes the required content of the statement of exceptions, sets a 14,000 word limit, and describes the grounds that the Board will consider in its decision.

Section 32310 concerns a party’s response to exceptions filed with the Board itself. The proposed change sets forth the required content to a response to a statement of exceptions and establishes a word limit to that response. Proposed

Section 32312 concerns the filing of a reply brief in support of a statement of exceptions. The proposed

section authorizes parties to file a reply brief after the opposing party files its response to a statement of exceptions. The proposed

section places a 5000 word limit on a reply brief unless the Board permits a longer brief.

Section 32720 concerns the Board’s authority to conduct representation elections. The proposed change makes clear that

section 32720 does not apply to elections for transit districts, or elections under the under the Meyers–Milias Brown Act, Trial Court Act, or Court Interpreter Act when conducted by State Mediation and Conciliation Service under specified circumstances.

Section 32792 concerns a party’s requests that the Board determine impasse and appoint a mediator. The proposed change makes clear that

section 32792 applies only to the Ralph C. Dills Act, Educational Employment Relations Act, and Higher Education Employer–Employee Relations Act.

Section 32998 concerns reimbursement rates for service by State Mediation and Conciliation Service. The proposed changes update the description of facilitation services offered by SMCS, and corrects the title of the individual charged with overseeing SMCS from Supervisor to Director.

Section 32999 concerns representation and agency shop elections by State Mediation and Conciliation Service. The proposed change specifies that

section 32999 does not apply to elections conducted by the Office of the General Counsel or an agency shop election.

Section 93000 provides

definitions for matters involving transit districts. The proposed change replaces the term “Supervisor” with “Director” to describe the PERB officer that oversees State Mediation and Conciliation Service.

Section 93025 concerns investigations by State Mediation and Conciliation Service of representation matters involving transit districts. The proposed change replaces the term “Supervisor” with “Director” to describe the PERB officer that oversees State Mediation and Conciliation Service.

Section 93030 concerns hearings by State Mediation and Conciliation Service in representation matters involving transit districts. The proposed change replaces the term “Supervisor” with “Director” to describe the PERB officer that oversees State Mediation and Conciliation Service.

Section 93045 concerns the issuance of subpoenas by State Mediation and Conciliation Service in representation matters involving transit districts. The proposed change replaces the term “Supervisor” with “Director” to describe the PERB officer that oversees State Mediation and Conciliation Service.

Section 93055 concerns the duties of a hearing officer with State Mediation and Conciliation Service following a hearing in a representation matter involving a transit district. The proposed change replaces the term “Supervisor” with “Director” to describe the PERB officer that oversees State Mediation and Conciliation Service.

Section 93070 concerns election procedures by State Mediation and Conciliation Service in representation matters involving transit districts. The

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 761 proposed change replaces the term “Supervisor” with “Director” to describe the PERB officer that oversees State Mediation and Conciliation Service.

Section 93075 concerns run–off election procedures by State Mediation and Conciliation Service in representation matters involving transit districts. The proposed change replaces the term “Supervisor” with “Director” to describe the PERB officer that oversees State Mediation and Conciliation Service. C. Amendments Only to the Authority and Reference Citations of Existing Regulations None. For more information regarding specific proposed regulations or amendments to the existing regulations, please refer to the proposed regulatory language.

CONSISTENT AND COMPATIBLE WITH EXISTING STATE REGULATIONS The Board has determined that the proposed regulatory adoptions and amendments are not inconsistent or incompatible with existing regulations. After conducting a review of all regulations that would relate to or affect this area of California law, the Board has determined that due to PERB’s exclusive jurisdiction to implement and enforce the labor relations acts within its jurisdiction, the proposed regulations are the only regulations concerning the implementation and enforcement of these laws.

Therefore, the Board has concluded that these regulations are neither inconsistent nor incompatible with existing state regulations. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION As part of PERB’s Case Processing Efficiency Initiative, the Board seeks to make the agency’s procedures for case processing easier to understand and therefore more accessible to non–attorney parties and representatives. In this, PERB determined that it needed to amend many of its regulations to eliminate ambiguities, add missing information, and consolidate or remove redundancies.

By making these changes, the proposed regulations will reduce case processing errors, which, in turn, will improve case processing times. In addition, the proposed regulations will make case adjudication more consistent. As one example, PERB’s rules provide that a party may file a statement of exceptions to a Proposed Decision, and the opposing party may file a response brief to the statement of exceptions. The rules, however, are silent on whether a party may file a reply brief after the opposing party files its response.

This has resulted in some parties filing a reply brief while other parties forego a reply brief, often because they did not know whether a reply brief was authorized by the regulations. The proposed regulations add a new rule that expressly authorizes reply briefs with specific word limits. This assists the Board by providing full briefing in a concise and detailed manner. One proposed change is a result of circumstances that resulted from the COVID–19 pandemic. In particular, PERB’s current regulations include no rules to govern the use of video conferencing to conduct formal hearings.

In response to this problem, the proposed regulations authorize administrative law judges to determine the location of a formal hearing, and whether parties, representatives, and witnesses will participate in a hearing either in– person, telephonically, by video, or a combination. PERB also seeks to eliminate inefficient regulations. For example, the current regulations allow parties to request a continuance of a formal hearing at any time up to five days before the hearing, but the rule treats all requests equally regardless if the request comes 5 days or 30 days before a hearing.

Because scheduling impacts are greater when a request is made less than a week before a hearing, PERB seeks to update its continuance regulation to include different standards for obtaining a continuance, each standard dependent on how close to the hearing a party makes the request. The proposed regulations also close information gaps. As one example, PERB’s regulation describing the circumstances that require PERB employees to recuse themselves from a case do not cover all PERB employees involved in case investigations and adjudication.

In particular, the current regulation does not expressly cover Legal Advisors, the General Counsel, Chief Administrative Law Judge, Executive Director, PERB officers, employees, or contractors. The proposed regulation closes this gap in coverage by applying the recusal regulation to those individuals. Similarly, PERB’s current regulation governing the use of subpoenas does not include the detailed information that is typically found in subpoena rules used by courts and other administrative law forums.

As a result, the current regulation lacks the details to best guide constituents on how to obtain, serve, challenge, or enforce a subpoena. The proposed regulation solves the problem by defining the different types of subpoenas; specifying the content needed for each type of subpoena; describing the method of serving a subpoena on the witness; adding rules for motions that seek to extend the date for production of documents, for revoking or limiting a subpoena, and enforcing a subpoena, as well as other changes that clarify the use of subpoenas.

Essentially, the proposed regulations are a continuation of the Board’s efforts to update its case processing regulations so as to provide constituents

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 762 with easy to understand yet comprehensive rules on case processing.

NO EXISTING AND COMPARABLE FEDERAL REGULATION OR STATUTE During the process of developing these proposed regulatory adoptions and amendments, the Board has conducted a search for any similar federal regulations and statutes on this topic and has determined that there are no existing, comparable federal regulations or statutes or Board precedent, as these proposed regulatory changes apply solely to public employers and employee organizations under the jurisdiction of the California public sector labor relations statutes set forth above.

Therefore, the Board has concluded that these regulations are neither inconsistent nor incompatible with existing Federal regulations or statutes. DISCLOSURES REGARDING THE PROPOSED ACTION The Board has made the following initial determinations: Mandate on local agencies and school districts: The proposed action would not impose any new mandate. Cost to any local agency or school district which must be reimbursed in accordance with Government Code

section 17500 et seq.: The proposed action would not impose any new costs which must be reimbursed. Other non–discretionary cost or savings imposed upon local agencies: The proposed action would not result in any new costs which must be reimbursed, or savings imposed upon local agencies. Cost or savings to state agency: The proposed action would not result in any new costs or savings. Cost or savings in federal funding to the state: The proposed action would not result in any new costs or savings.

Cost impact on private persons or directly affected businesses: The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant adverse economic impact on business including the ability of California businesses to compete with businesses in other states: The proposed action will have no impact. Significant effect on housing costs: There will be no effect on housing costs. Business Reporting Requirement: The proposed action will not require a report to be made.

The Board has determined that the proposed regulations will not affect small business because the proposed regulations will only affect public employers, public employees, and public employee organizations. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Board concludes that the adoption of the proposed regulations and amendments will neither create nor eliminate jobs in the State of California, nor result in the elimination of existing businesses, or create or expand businesses in the State of California.

BENEFIT ANAL YSIS By updating the case processing and adjudication regulations, as well as the benefits from the efficiencies from user–friendly, comprehensive, and consolidated rules, PERB will improve public sector labor relations by providing necessary information and clarity to parties about PERB’s standards and processes. This will improve efficiencies in PERB’s resolution of labor disputes, which will promote full communication between public employers and their employees in resolving disputes over wages, hours and other terms and conditions of employment.

The proposed regulatory action will not adversely affect the health and welfare of California residents, worker safety, or the State’s environment. The proposed regulatory action will further the policies underlying prompt resolution of labor disputes by providing a process to expediently resolve alleged violations of California’s labor relations laws. California residents’ general welfare will be benefitted by stable collective bargaining and dispute resolution, which translates to continuous delivery of the essential services that California’s public agencies and employees provide to California’s communities.

In addition, the enhanced use of video conferencing in case adjudication provides PERB employees and constituents a safe means for telework during a public health crisis, as experienced in 2020 during the COVID–19 crisis. Despite the closure of PERB’s offices and subsequent telework requirements, PERB has continued its full range of services to the public. The proposed regulations allow PERB and its constituents to experience the full range of PERB services, including evidentiary hearings on disputed matters. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), a rulemaking agency must determine that no reasonable alternative considered by the agency or that has otherwise been identified and brought to the attention of the agency

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 763 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 regulations at the scheduled hearing or during the written comment period.

CONTACT PERSONS Any questions or suggestions regarding the proposed action should be directed to: J.

Felix De La Torre General Counsel Public Employment Relations Board 1031 18th Street Sacramento, CA 95811 E–mail: felix.delatorre@perb.ca.gov The backup person for these inquiries is: Ronald Pearson, Supervising Regional Attorney Public Employment Relations Board 1031 18th Street Sacramento, CA 95811 (916) 322–3198 E–mail: ronald.pearson@perb.ca.gov Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based, to J.

Felix De La Torre at the above address. PRELIMINARY ACTIVITIES PERB held public meetings on April 11, 2019, June 13, 2019, August 8, 2019, and October 10, 2019, wherein the public was given the opportunity to provide comments regarding implementation of these regulations. During the public meetings, several constituents provided comments as well as recommendations to the Board. In response, the Board agreed to amend several of the proposed regulations for approval at the next public meeting.

During the subsequent public meetings, the Board itself approved the publication of the proposed regulatory text and the commencement of the formal rulemaking process. A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address.

As of the date this notice is published in the California Regulatory Notice Register, the rulemaking file consists of this notice, the express terms of the proposed regulations and the initial statement of reasons. Copies of these documents may be obtained by contacting Felix De La Torre at the above address and are also available on the Board’s web site at www. perb.ca.gov. AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding a hearing, if one is requested, and considering all timely and relevant comments, the Board may adopt the proposed regulations substantially as described in this notice.

If the Board makes modifications that are sufficiently related to the originally proposed text, the modified text with changes clearly indicated shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulations as revised. Requests for copies of any modified regulations and/or the final statement of reasons should be sent to the attention of J. Felix De La Torre at the above address. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the final statement of reasons may be obtained by contacting J. Felix De La Torre at the above address. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of this notice of proposed action, the initial statement of reasons, and the text of the proposed regulations in underline and strikeout, can be accessed through PERB’s web site located at www.perb.ca.gov throughout the rulemaking process. Written comments received during the written comment period will also be posted on PERB’s web site.

The final statement of reasons or, if applicable, notice of a decision not to proceed will be posted on PERB’s web site following the Board’s action.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 764 TITLE 14. DEPARTMENT OF PARKS AND RECREATION GRANTS AND COOPERATIVE AGREEMENTS PROGRAM REGULATIONS NOTICE IS HEREBY GIVEN the California Department of Parks and Recreation (Department) proposes to amend the regulations and documents incorporated by reference described below after considering all comments, objections and recommendations regarding the proposed action. PROPOSED REGULATORY ACTION The Department proposes to amend the regulations in the California Code of Regulations, Title 14, Division 3,

Chapter 15, Articles 1 through 5 (CCR), Sections 4970.01, 4970.03, 4970.05.1, 4970.06.1, 4970.06.2, 4970.06.3, 4970.07, 4970.08, 4970.08.1, 4970.08.2, 4970.10, 4970.10.1, 4970.10.2, 4970.10.3, 4970.10.4, 4970.11, 4970.13, 4970.20, 4970.24.1, and Grants and Cooperative Agreements Program — Appendix (Appendix) pertaining to the Off–Highway Motor Vehicle Recreation Division (OHMVR Division) Grants and Cooperative Agreements Program (Program). PUBLIC HEARING The Department has scheduled a telephonic public hearing on the proposed rulemaking.

The hearing will be held on July 27, 2021 and can be accessed through the conference line number below. The meeting will commence at 2:00 p.m. Conference Line: 1 (877) 952–2063 Participant Code: 31875622 Any interested person, or his or her authorized representative, may present oral or written statements, arguments, or contentions relevant to the proposed action described in the Informative Digest. The Department may impose reasonable limits on oral presentations. The Department requests, but does not require, persons making oral comments at the hearings also submit a written copy of their testimony.

Additionally, pursuant to Government Code

Section 11125.1, any information presented to the Department during the open hearings in connection with the subject matter open to discussion or consideration becomes part of the public record. Such information shall be retained by the Department and shall be made available upon request. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments relative to the proposed rulemaking to the Department. The written comment period ends on July 26, 2021. The Department will consider only written comments received at the Department’s office by that time.

Written comments may be mailed to the following address: California Department of Parks and Recreation Off–Highway Motor Vehicle Recreation Division Attention: Sixto Fernandez, Grants Manager Grants and Cooperative Agreements 1725 23rd Street, Suite 200 Sacramento, California 95816–7100 Written comments delivered by email or facsimile will also be accepted by the Department. Written comments may be submitted by email to OH V. Grants@parks.ca.gov or via facsimile at (916) 324– 1610. Electronic mail or facsimile transmission must be completed by the deadline given above.

AUTHORITY AND REFERENCE Authority Citation: The proposed amendments are authorized by Public Resources Code (PRC) Sections 5001.5 and 5003. Reference Citation: The particular code sections implemented, interpreted, or made specific by these proposed amendments are PRC Sections 5020.1(j), 5024.1, 5090.01 through 5090.65 and 21000 et seq.; Vehicle Code Sections 38001 and 38006; Education Code Sections 210.3 and 66010.4; 25 CFR

Section 83.5(a); 40 CFR

part 1500.1 et seq.; U.S. IRC

Section 501(c)(3); USC Title 42,

Section 4371. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations PRC

Section 5090.01 et seq., also known as the Off–Highway Motor Vehicle Recreation Act of 2003, as amended, governs the OHMVR Division’s Grants and Cooperative Agreements with cities, counties, Districts, U.S. Forest Service, U.S. Bureau of Land Management, other Federal Agencies, State and Federally Recognized Native American Tribes, Nonprofit organizations, Educational Institutions, Certified Community Conservation Corps, and State agencies. The Program is administered by the Division within the Department. The Program allows the State to assist eligible agencies and organizations to develop, maintain, expand and manage high–quality OHV

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 765 Recreation areas, roads, trails, and other Facilities, while responsibly maintaining the wildlife, soils, and habitat in a manner that will sustain long–term OHV Recreation. Assistance is provided in the form of Project–specific Grant funding. Grants are awarded through a competitive process where Applicants and their Projects are evaluated using objective criteria.

Effect of the Proposed Rulemaking Generally, the proposed regulatory revisions will make the regulatory language more concise, clear, and consistent by amending Program regulations and various documents within the Appendix, incorporated by reference. Specifically, the proposed regulatory revisions would:

Article 1. General Provisions Amend CCR

Section 4970.01 The proposed action makes the

section language consistent with all sections of the CCR and clarifies the definition of a “District”. Amend CCR

Section 4970.03 The proposed action makes the

section language consistent with all sections of the CCR. Amend CCR

Section 4970.05.1 The proposed action updates the Grants and Cooperative Agreements Program Regulations — Appendix version date; adds reference to the existing Equipment Inventory form and the Grants and Cooperative Agreements Program Regulations — Appendix, as incorporated by reference; clarifies and amends Equipment Inventory form reporting requirements; corrects reference to sections within the CCR. Amend CCR

Section 4970.06.1 The proposed action adds reference to the Grants and Cooperative Agreements Program Regulations — Appendix, as incorporated by reference; makes the

section language consistent with all sections of the CCR; corrects reference to sections within the CCR; renumbers

section to be consistent within the CCR. Amend CCR

Section 4970.06.2 The proposed action makes the

section language consistent with all sections of the CCR and adds references to the Grants and Cooperative Agreements Program Regulations — Appendix, as incorporated by reference; clarifies Habitat Management Plan reporting requirements. Amend CCR

Section 4970.06.3 The proposed action makes the

section language consistent with all sections of the CCR; adds references to the Grants and Cooperative Agreements Program Regulations — Appendix, as incorporated by reference; clarifies Soil Conservation form and plan reporting requirements. Amend CCR

Section 4970.07 The proposed action incorporates by reference the existing Habitat Management Plan

Part 1 and Soil Conservation Plan form as a preliminary Application requirement. Amend CCR

Section 4970.08 The proposed action clarifies eligible daily transportation costs. Amend CCR

Section 4970.08.1 The proposed action clarifies the maximum allowable Equipment purchase amount; clarifies eligible daily Equipment costs; clarifies limits to transportation of Heavy Equipment; clarifies eligible Heavy Equipment costs; renumbers

section based on updated language. Amend CCR

Section 4970.08.2 The proposed action clarifies eligible Equipment and Heavy Equipment use fee costs; clarifies limits to reimbursements on equipment acquired with funds outside the program; clarifies limits to equipment maintenance cost and repair on equipment acquired with Grant funds from the program; clarifies eligible Heavy Equipment repair costs; renumbers

section based on revised language. Amend CCR

Section 4970.10 The proposed action clarifies number of eligible Applicants per Operation and Maintenance Project funding requests. Amend CCR

Section 4970.10.1 The proposed action updates the Ground Operations Project Criteria form version date. Amend CCR

Section 4970.10.2 The proposed action updates the Development Project Criteria form version date. Amend CCR

Section 4970.10.3 The proposed action updates the Planning Project Criteria form version date. Amend CCR

Section 4970.10.4 The proposed action updates the Acquisition Project Criteria form version date. Amend CCR

Section 4970.11 The proposed action updates the Restoration Project Criteria form version date. Amend CCR

Section 4970.13 The proposed action updates the Education and Safety Criteria form version date. Amend CCR

Section 4970.10.4 The proposed action updates the Acquisition Project Criteria form version date. Amend CCR

Section 4970.20 The proposed action amends and clarifies Equipment management requirements and incorporates by reference the new Equipment Disposition Request form requirement.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 766 Amend CCR

Section 4970.24.1 The proposed action amends and clarifies Equipment documentation requirements. Amend Grants and Cooperative Agreements Program — Appendix (Rev. 1/19) The proposed action updates and amends the Appendix version, Table of Contents, Equipment Inventory form, Environmental Review Data Sheet form, Habitat Management Program —

Part 1 form, Habitat Management Program —

Part 2 form, Soil Conservation Plan form, Project Agreement General Provisions — (Federal Agencies other than U.S. Forest Service), Evaluation Criteria–Acquisition Projects form, adopts the Project Agreement General Provisions — (U.S. Forest Service Only) and the Equipment Disposition Request form. Comparable Federal Regulations The proposed amendments do not duplicate or conflict with federal regulations or statutes.

Policy Statement Overview and Anticipated Benefits of the Proposed Rulemaking The overall objective of the proposed action is to improve the Program’s regulatory language, documents incorporated by reference, and ensure public funds are being spent wisely and within the State’s best interest in supporting motorized recreation.

These proposals, based on Division experience implementing the Program, will also reduce confusion for Applicants and Grantees and make the regulatory language concise, clear, and consistent by adopting, amending, and repealing Program regulations and various documents within the Appendix, incorporated by reference.

Determination of Inconsistency/Incompatibility with Existing Regulations After conducting an evaluation for any regulations related to this area, the Department has found that there are no other regulations concerning grants that supports the planning, acquisition, development, maintenance, administration, operation, enforcement, restoration, and conservation of trails, trailheads, areas, and other facilities associated with the use of off–highway motor vehicles, and programs involving off–highway motor vehicle safety or education.

Therefore, the Department has determined that the proposed regulations are neither inconsistent nor incompatible with existing state regulations. FORMS INCORPORATED BY REFERENCE Grants and Cooperative Agreements Program — Appendix (Rev. 1/21) MANDATED BY FEDERAL LAW OR REGULATIONS None. OTHER STATUTORY REQUIREMENTS None. 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: None. Cost or Savings to any State Agency: None.

Other Non–Discretionary Cost or Savings Imposed of Local Agencies: None. Cost or Savings in Federal Funding to the State: None. Significant Effects on Housing Costs: None. Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including Ability to Compete: None. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department finds that jobs, at worst would not be affected, but, mostly likely may see an increase in the creation of jobs.

Additionally, the Department finds that at worst, no new business will be created and no business will be eliminated; however, the Department finds that it is likely that private businesses may be created and or expanded because of the proposed action. This regulatory action benefits the health and welfare of California residents by improving the funding method that assists Land Managers and partners to provide recreational opportunities within the State.

This regulatory action also benefits the State’s environment by improving the funding method that supports resource protection and Restoration activities related to OHV Recreation. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The Division is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 767 BUSINESS REPORTING None. SMALL BUSINESS DETERMINATION The Department has determined there are no cost impacts on small businesses. Program history has shown that small businesses benefit by the Program. Many of the Grant funds go to entities that utilize small businesses when they purchase goods and services. The proposed changes will provide a more streamlined and efficient program that should boost the ability of small business to capture revenue from the various Grantees. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Department must determine that no reasonable alternative it considered, or has otherwise 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 present statements or arguments with respect to alternatives to the proposed regulation during the public comment period or at the public hearing. CONTACT PERSONS Inquiries concerning the proposed action may be directed to: Sixto Fernandez, Grants Manager California Department of Parks and Recreation Off–Highway Motor Vehicle Recreation Division 1725 23rd Street, Suite 200 Sacramento, CA 95816 (916) 324–1572 sixto.fernandez@parks.ca.gov.

The back–up contact person regarding the proposed action is: Ethan Mathes, Compliance Officer California Department of Parks and Recreation Off–Highway Motor Vehicle Recreation Division 1725 23rd Street, Suite 200 Sacramento, CA 95816 (916) 323–0157 ethan.mathes@parks.ca.gov.

A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will make the entire rulemaking available for inspection and copying throughout the rulemaking process at its office located at California Department of Parks and Recreation, Off–Highway Motor Vehicle Recreation Division, 1725 23 rd Street, Suite 200, Sacramento, CA 95816.

As of the date this Notice of Proposed Rulemaking is published in the Notice Register, the rulemaking file consists of this Notice of Proposed Rulemaking, the express terms of the regulation, the Initial Statement of Reasons, any information upon which the proposed rulemaking is based, and an economic impact assessment contained in the Initial Statement of Reasons. Copies may be obtained by contacting the above contact person at the above address.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After any public hearings and consideration of all timely and relevant comments received, the Department may adopt the proposed regulations substantially as described in this Notice of Proposed Rulemaking. If the Department makes substantive modifications, which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon completion, copies of the Final Statement of Reasons may be obtained by contacting Sixto Fernandez, Grants Manager at the above address. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout is available through the Division Website at www.ohv.parks. ca.gov, under the Grants link. TITLE 16.

DENTAL HYGIENE BOARD NOTICE IS HEREBY GIVEN that the Dental Hygiene Board of California (Board) is proposing to take the rulemaking action described below under

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 768 the heading Informative Digest/Policy Statement Overview. Any person interested may present statements or arguments relevant to the action proposed in writing. Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the Board at its office not later than 5:00 p.m. on Tuesday, July 27, 2021. The Board has not scheduled a public hearing on this proposed action.

The Board will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days prior to the close of the written comment period. The Board may, after considering all timely and relevant comments, adopt the proposed regulations substantially as described in this notice, or may modify the proposed regulations if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 464, 1905 and 1906 of the Business and Professions Code (BPC), and to implement, interpret, and/or make specific sections 464 of the Code, the Board is considering changes to Division 11 of Title 16 of the California Code of Regulations as follows: INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Registered dental hygienists, registered dental hygienists in alternative practice, and registered dental hygienists in expanded functions (collectively, RDHs) are licensed dental health care professionals that perform authorized dental hygiene services.

The Dental Hygiene Board of California (Board) licenses and regulates RDHs pursuant to Business and Professions Code (BPC) sections 1900 through 1967.4. BPC

section 1906(

a) authorizes the Board to adopt, amend and revoke such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of the Dental Practice Act related to RDHs. The Board has received inquiries regarding options for RDHs who wish to retire from practice. Currently, RDHs can only allow their licenses to lapse (become delinquent, expire, or cancel), or be placed in an inactive status, which requires payment of a fee. Assembly Bill (AB) 2859 (Low, Ch. 473, Stats of 2016) enacted BPC

section 464, which authorized the Board to establish by regulation, a retired category of licensure for its licensees who are not actively engaged in the practice of their profession. The Board proposes to address the lack of a means to obtain a retired status. The Board believes that some retired RDHs request inactive status rather than having a “delinquent” or “cancelled” status because of a possible negative connotation associated with those license statuses. While an inactive status alleviates the need to complete continuing dental education, BPC

section 1940(

c) requires the holder of an inactive license to continue to pay the required biennial renewal fee. Licenses are placed in a “delinquent” status when the licensee fails to pay his or her renewal fee and/or fails to complete the renewal requirements. By providing a means to obtain a retired status, RDHs who are no longer practicing can avoid the possible stigma in their professional community from having a license placed in a “delinquent” or “cancelled” status. RDHs would also be relieved from the expense of renewal fees and continuing dental education for a license they are no longer using. ● Add

Section 1115 to Title 16 of the CCR. The purpose of the proposal is to establish a regulation for the placement of an RDH license on a retired status, upon application, using proposed form DHBC RLC–01 (01/19), which is incorporated by reference at proposed

section 1115. Proposed

section 1115 would: (1) implement minimum eligibility requirements for obtaining and maintaining a retired license, including ineligibility criteria if the license is currently expired, suspended, revoked, or otherwise punitively restricted; (2) establish exemptions from continuing education and renewal requirements for the holder of a retired license; (3) prohibit a retired licensee from engaging in activity requiring a license; (4) provide that the Board is not prevented from investigating or taking actions against a retired license; and (5) establish criteria for the restoration of a retired license to active status.

It will also adopt application forms for applying for inactive status and reactivating a retired license. Anticipated Benefits of the Proposed Regulation: This proposal would establish a consistent and simple process for obtaining a retired status license and would eliminate barriers for those RDHs who wish to retire and have the option of placing their license in a retired status. It would also save costs for those selecting this status by not requiring payment of biennial renewal fees and continuing education expenses.

Specifically, adoption of the proposed regulation will benefit licensees who retire by charging a one–time fee equal to half of the current biennial renewal fee.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 769 This proposal would also alleviate confusion for the public regarding the true status of an individual who does not wish to abandon his or her license, but rather simply retire from practice. This would promote transparency in policies that the Board establishes pertaining to the practice of dental hygiene and the representations licensees make regarding their license status. This will promote and protect public safety.

Finally, this regulation would elevate the morale of the profession by creating a reasonable method by which retired RDHs can maintain a license that demonstrates their contribution to the profession.

The regulatory proposal incorporates by reference the following forms: ● F orm: DHBC RLC–01 (11/20), Application for a Retired RDH, RDHAP, or RDHEF License ● F orm: DHBC RLC–02 (10/20), Application for Reactivation of a Retired RDH, RDHAP, or RDHEF License Determination of Inconsistency and Incompatibility with Existing State Regulations: During the process of developing this regulatory proposal, the Board has conducted a search of any similar regulations on this topic and has concluded that the proposed regulatory action is not inconsistent or incompatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION FISCAL IMPACT ESTIMATES The Board has made the following initial determinations: Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Board anticipates demand for the new retired status license type to be greatest in the first two years of implementation as inactive and active licensees opt to retire and apply for the new status, with lower demand annually thereafter.

The Board anticipates approximately 862 licensees will retire in the first two years of implementation and 382 licensees per year thereafter. The Board estimates retired license type fee revenues of approximately $69,000 per year in the first two years of implementation (862 x $80) and $31,000 per year thereafter and up to $386,000 over a ten–year period.

The Board estimates workload licensing workload and approximate costs as follows: ● Y ear One and Two (862 licenses issued): ○ Licensing workload* (45 min. @ $88/hour) — $ 57,000 ○ Materials and postage ($15 per) — $13,000 T otal: $70,000 ● A nnually thereafter (376 licenses issued per year): ○ Licensing workload* (45 min. @ $88/hour) — $ 25,000 ○ Materials and postage ($15 per) — $ 5 ,500 T otal: $30,500 The Board does not have an estimate of the number of retired licensees who may opt to re–activate their license to active status and be required to pay the reactivation fee of $160.

As a result, the Board does not have an estimate of workload, costs, or revenues at this time. This regulatory proposal does not result in any costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to any Local Agency or School District for which Government Code Sections 17500 through 17630 Require Reimbursement: None.

Business Impact The Board has made an initial determination that the proposed regulation would not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states because this proposal would not affect businesses. The Board currently provides licensure to approximately 19,000 RDHs operating in the state. The proposed regulations establish a new retired license type status for RDHs not actively engaged in practice as a dental hygienist or any activity that requires them to be licensed by the Board.

The Board indicates these individuals would be exiting the profession notwithstanding the establishment of a retired license status. As a result, the proposed regulations will have no impact on businesses in the state. The Board does not track the number or type (small or large business) of dental practices operating in the state. As a result, the Board does not have an estimate of the number of businesses impacted nor the percentage of small business impacted.

Cost Impacts on a Representative Private Person or Businesses This regulatory proposal would benefit RDHs who no longer intend to practice their profession by * S taff Services Analyst (approximately $88/hour — includes Department of Consumer Affairs’ pro rata)

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 770 exempting the retired population of licensees from having to pay biennial renewal fees. In addition, retired licensees would also be exempt from compliance with ongoing continuing education requirements. This would result in an added cost benefit because retired licensees would no longer have to pay for continuing education courses as a condition of their biennial renewal. For these reasons, the Board anticipates a positive economic impact on private persons. RDHs will have the option to apply for a retired license for a one–time fee of $80.

The Board estimates approximately 1,723 licensees may choose to retire their licenses within the first two years following implementation of this regulation. This is based on approximately 80 percent of 461 licensees (369) who are of age 65 years or older currently in the inactive license status, and approximately 80 percent of 1,692 current active licensees (1,354) who are eligible and at least 65 years of age. The regulations are anticipated to cost retiring licensees approximately $138,000 (1,723 x $80) during the first two years (approximately $69,000 per year) of implementation.

The Board estimates 382 licensees will opt for the retired license status annually thereafter, which would generate revenues of approximately $31,000 per year ongoing and up to approximately $386,000 over a ten–year period. Significant Effect on Housing Costs: None.

Results of the Economic Impact Analysis/ Assessment Impact on Jobs/Businesses The Board has determined that this regulatory action will not create or eliminate jobs, will not create new business or eliminate existing businesses, and will not affect the expansion of businesses currently doing business within the State of California because it will allow individuals already retired from working as an RDH or considering retirement the opportunity to place a license on a retired status.

Since RDHs currently choose to go inactive or allow their licenses to lapse or cancel when they retire, there would be no effect on the workforce related to a mere change in title to “retired.” This regulation would neither incentivize nor discourage retirement. It would only affect licensees who have made the decision to retire from the workforce. Since these individuals would no longer participate in the workforce regardless of this regulation, there would be no impact on the state’s workforce that would affect businesses.

Effect on Small Business The Board has determined that this regulatory action would not affect small businesses because it would only affect those licensees who wish to retire. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Board 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 action is proposed or would be as effective and less burdensome to affected private persons than the proposed regulatory action or would be more cost– effective to the affected private persons and equally effective in implementing the statutory policy or other provision of the law.

Interested persons are invited to present statements or arguments orally or in writing relevant to the above determinations at the above–scheduled hearing or during the written comment period. CONTACT PERSONS Inquiries or comments concerning the proposed regulatory action may be directed to the following designated agency contact persons: Dental Hygiene Board of California Attention: Dr. Adina A.

Pineschi–Petty DDS 2005 Evergreen Street, Suite 2050 Sacramento, CA 95815 Phone: (916) 576–5002 Email: adina.petty@dca.ca.gov Backup Contact Person: Attention: Anthony Lum 2005 Evergreen Street, Suite. 2050 Sacramento, CA 95815 Phone: (916) 576–5004 Email: anthony.lum@dca.ca.gov Please direct requests for copies of the proposed text of the regulations, the initial statement of reasons, or other information upon which the rulemaking is based to Dr. Pineschi–Petty at the above address. In her absence, please contact the designated back–up contact person.

A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based. This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 24-Z 771 AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing, if requested, and considering all timely and relevant comments received, the Board may adopt the amendments as originally proposed, or with non–substantial or grammatical modifications. The Board may also adopt the proposed regulatory language with other modifications if the text as modified is sufficiently related to the originally proposed text that was noticed to the public.

In the event that such modifications are made, the full regulatory text, with the modifications clearly indicated, will be made available to the public for review and or written comment at least 15 days before it is adopted. The public may request a copy of the modified regulatory text by contacting Dr. Petty at the address above. A VAILABILITY OF FINAL STATEMENT OF REASONS All the information upon which the proposed regulations are based is contained in the rulemaking file which is available for public inspection by contacting Dr. Pineschi–Petty at the address above.

You may obtain a copy of the Final Statement of Reasons, once it has been prepared, by making a written request to Dr. Pineschi–Petty at the address above or by accessing the website listed below.

TEXT OF THE PROPOSAL Copies of the exact language of the proposed regulations, and any document incorporated by reference, and of the ISOR, and all of the information on which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from the Board at 2005 Evergreen Street, Suite 2050, Sacramento, California 95815, or by accessing the Board’s website at https://www.dhbc.ca.gov/lawsregs/ index.shtml.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations can be accessed through the Board’s website at https:// www.dhbc.ca.gov/lawsregs/index.shtml. GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 2080–2021–004–03. Project: Dos Osos Reservoir Replacement Project Location: Contra Costa County Applicant: East Bay Municipal Utility District Notifier: WRA, Inc.

Background East Bay Municipal Utility District (Applicant), as represented by Chien Wang, proposes to demolish a compromised 240,000–gallon welded–steel water tank reservoir and construct two new 120,000–gallon bolted–steel water tank reservoirs. The Dos Osos Reservoir Replacement Project (Project) includes two new reservoirs that will be 21 feet in height, 33 feet in diameter, and will be placed 300 feet southwest from the existing reservoir. Each of the new reservoirs will have a 12–foot by 12–foot valve pit workstation attached.

Installation will require the development of a 0.16–acre footprint by excavating 2,000 cubic yards of soil, the creation of earthen berms, and the stabilization of the related embankment by constructing a 210– foot–long by 18–foot–tall retaining wall. The existing reservoir and associated piping and valve equipment will be demolished and hauled off site. Additionally, an 800–foot–long access road will be constructed from Los Norrabos Drive to the proposed two new reservoir tanks.

A new underground 12–inch diameter pipeline will underlie this access road and will connect the two new reservoirs to the existing water distribution systems. The approximate center of the