California Regulatory Notice Register — Register 2022, No. 6-Z (FEBRUARY 11, 2022)

Cal. Reg. Notice Reg. 2022, No. 6

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 6-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW FEBRUARY 11, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. STATE CONTROLLER’S OFFICE Audit Appeals — Notice File Number Z2022–0127–01 ................................................... 113 TITLE 2. STATE CONTROLLER’S OFFICE Third Party Auditors — Notice File Number Z2022–0127–02 ............................................. 115 TITLE 2.

STATE CONTROLLER’S OFFICE Claims Submission for Unclaimed Property — Notice File Number Z2022–0127–03 ........................... 117 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Vesicular Stomatitis Virus (VSV) Entry Requirements — Notice File Number Z2022–0201–02 ................... 120 TITLE 4. DEBT LIMIT ALLOCATION COMMITTEE Permanent Regulations — Notice File Number Z2022–0201–01 .......................................... 123 TITLE 5.

DEPARTMENT OF EDUCATION California Assessment of Student Performance and Progress (CAASPP) and English Language Proficiency Assessments for California (ELP AC) — Notice File Number Z2022–0113–01 ....................... 125 TITLE 19. OFFICE OF THE STATE FIRE MARSHAL Regulations Relating to Flame–Retardant Chemicals, Fabrics, and Application Concerns — Notice File Number Z2022–0118–04 ................................................................ 130 TITLE 22/MPP .

DEPARTMENT OF CHILD SUPPORT SERVICES Intergovernmental Regulations — Notice File Number Z2022–0131–01 .................................... 134 TITLE MPP . DEPARTMENT OF SOCIAL SERVICES Annual Redeterminations AB79 2020 — Notice File Number Z2022–0201–03 ............................... 136 (Continued on next page)

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 .

PETITION DECISION AIR RESOURCES BOARD Regarding Petition for Rulemaking to Exclude All Fuel Derived from Biomethane from Dairy and Swine Manure from the Low Carbon Fuel Standard Program .................................... 139

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 143

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 113 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. STATE CONTROLLER’S OFFICE REGULATIONS GOVERNING PROCEDURE FOR ADMINISTRATIVE REVIEW OF UNCLAIMED PROPERTY AUDIT FINDINGS AND INTEREST ASSESSMENTS NOTICE IS HEREBY GIVEN that the California State Controller is proposing to take the action de - scribed in the Informative Digest. Any person inter - ested may present statements or arguments in writing relevant to the action proposed.

Written comments, in- cluding those sent by mail, facsimile, or e–mail to the address listed under Contact Persons in this Notice, must be received by the State Controller’s Office not later than March 28, 2022. A public hearing is not scheduled . A public hear- ing will be held if any interested person, or his or her duly authorized representative, submits a written re - quest for a public hearing to the contact persons list - ed below no later than 15 days prior to the close of the written comment period.

Following the public hearing, if one is requested, or following the written comment period if no public hearing is requested, the State Controller’s Office, upon its own motion or at the instance of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are suffi- ciently 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 contact persons 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. Public Comment Period: February 11, 2022 through March 28, 2022. AUTHORITY AND REFERENCE Guidelines for Requesting an Informal Review of an Unclaimed Property Examination as of September 2003, issued by the California State Controller.

There is no statute expressly providing for ad - ministrative review of audit findings and interest assessments. INFORMATIVE DIGEST As required by California Code of Civil Procedure § 1571(c), following a 1999 public hearing, the State Controller’s Office adopted guidelines as to the policy and procedures governing the activities of third–party auditors who are hired by the Controller (the “Policies and Procedures”). These Policies and Procedures were adopted in 2003, and amended in 2020. However, on April 27, 2021, the Superior Court of the County of San Francisco, ruling in the case of Yee. v.

Clubcorp Holdings, Inc., Case No. CGC–19–576314 (“Clubcorp”), held that the California Administra - tive Procedure Act “applies to the Policies and Pro - cedures.” Order Re Demurrer to Petition for Writ of Mandate and Cross–Complaint (April 27, 2021), p. 6. While not directly at issue, the logic of Clubcorp would be applicable to the Guidelines for Requesting an Informal Review of an Unclaimed Property Exam- ination, which were also adopted in September 2003 (the “Guidelines”). Under the Guidelines, reviews are independently conducted by the State Controller’s Le- gal Office.

Currently, the audit review process allows unclaimed property holders to request an informal review of audit findings and/or interest assessment. There is no formal administrative review process in place at this time. In order to ensure consistency and efficiency in the audit review process, the Controller proposes reg - ulations implementing and governing a process by which holders may request a formal review of audit findings and/or interest assessments (the “Proposed Regulations”).

Policy Statement Overview/Anticipated Benefits of Proposal The State Controller’s Office seeks to implement a standardized procedure by which holders can request a review of audit findings and/or interest assessments made at the conclusion of an unclaimed property au - dit. The review process being proposed is voluntary on the part of the holder. The Proposed Regulations will give holders the op - portunity to seek review of audit findings and assess - ments on which the notice is based by persons within the Controller’s Office who will not have had direct in- volvement in the audit.

The panel will have the author- ity to correct audit findings in whole or in part based

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 114 upon an incorrect

interpretation or application of law and errors of fact or auditing procedures having a sub- stantial effect on the audit findings or assessments. The panel shall have the power to decrease, increase or reaffirm the amount assessed in the billing notice. Consistency/Compatibility with Existing State Regulations The Controller has determined that the Proposed Regulations are not inconsistent or incompatible with existing regulations.

After conducting a review for any regulations that would relate to or affect this area, the Controller has concluded that these are the only regulations that concern the review of audit findings and interest assessments in California. The informal process of audit reviews that has been in place until now is serving as a basis for the audit review process set forth in the Proposed Regulations. Adoption of the Proposed Regulations will establish procedures and deadlines for the audit review process. Documents Incorporated by Reference: Unclaimed Property Informal Audit Review Request: Form IAR–1 as of January 2011.

Documents Relied Upon in Preparing the Regulations: None. FISCAL IMPACT ESTIMATES AND RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: No. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re - quire Reimbursement: None. Adverse Business Impact: The review process being proposed is voluntary.

The Controller has made an ini- tial determination that the proposed regulatory action will have no significant statewide adverse economic impact directly affecting business, including the abili- ty of California businesses to compete with businesses in other states. The Proposed Regulations will formal- ize an unclaimed property audit review process, re - placing an existing informal audit review process. Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability to Compete: The review process being proposed is volun- tary.

The Controller has made an initial determination that this regulatory action will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The Pro - posed Regulations will formalize an unclaimed prop - erty audit review process, replacing an existing infor - mal audit review process. Cost Impact on Representative Private Person or Business: The review process being proposed is vol - untary.

The Controller is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: None. Effect on Small Business: The Controller has made an initial determination that the proposed regulato - ry action will have no effect on small business. The Proposed Regulations will formalize an audit review process and replace an existing informal audit review process. Result of Economic Impact Assessment/Analy - sis

Summary Comments: The full Economic Impact Statement is presented in the Initial Statement of Rea- sons. These regulations are not anticipated to create or eliminate jobs within the State of California, create or eliminate existing businesses within the State of California, or expand or eliminate existing business - es within the State of California. These regulations are not anticipated to affect the health and welfare of California residents, worker safety, or the state’s envi- ronment. The Proposed Regulations will formalize an audit review process and replace an existing informal audit review process.

CONSIDERATION OF ALTERNATIVES The Controller has determined that there are no al - ternatives that 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. Any interested person may present statements or ar- guments with respect to alternatives to the proposed regulatory action during the written comment period or at the public hearing.

A VAILABILITY OF THE INITIAL STATEMENT OF REASONS, THE TEXT OF PROPOSAL AND THE RULEMAKING FILE The Controller has prepared an Initial Statement of the reasons for the proposed action and has available all the information upon which the proposal is based. The Initial Statement of Reasons is available on the Controller’s website. Copies of the express language of the Proposed Regulations, any document incorporated by refer - ence, the Initial Statement of Reasons, and all of the

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 115 information upon which the proposal is based, may be obtained throughout the rulemaking process upon request from the Controller contact or on the website listed below. The documents and other information are available for public inspection during the dates of the public comment period, described below, excluding week - ends and holidays, from 8:00 a.m. through 5:00 p.m.

The rulemaking file is maintained at the following address: California State Controller’s Office Contact: Arica Presinal | Staff Counsel State Controller’s Office — Legal Division 300 Capitol Mall, Suite 1850 Sacramento, CA 95814 Phone: (916) 322–5369 Fax: (916) 322–1220 Due to restrictions related to COVID–19, the Con - troller’s public counter is not open to the public. Please contact the contact persons below to arrange for pub - lic inspection of the rulemaking documents. Options for public inspection during COVID–19 may include having the rulemaking documents emailed to you or scheduling an in–person review.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE A Final Statement of Reasons will be created after the closing of the public comment period. A copy of the final statement of reasons can be obtained once it has been prepared from the contact persons named be- low or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: California State Controller’s Office Contact: Arica Presinal | Staff Counsel State Controller’s Office — Legal Division 300 Capitol Mall, Suite 1850 Sacramento, CA 95814 Phone: (916) 322–5369 Fax: (916) 322–1220 Email: abryantpresinal@sco.ca.gov Website Access: Materials regarding this proposal can be found at: https://www.sco.ca.gov/. TITLE 2.

STATE CONTROLLER’S OFFICE REGULATIONS GOVERNING THE ACTIVITIES OF THIRD–PARTY AUDITORS WHO ARE HIRED BY THE CONTROLLER NOTICE IS HEREBY GIVEN that the California State Controller is proposing to take the action de - scribed in Informative Digest. Any person interested may present statements or arguments in writing rel - evant to the action proposed. Written comments, in - cluding those sent by mail, facsimile, or e–mail to the address listed under Contact Persons in this Notice, must be received by the State Controller’s Office not later than March 28, 2022. A public hearing is not scheduled .

A public hear- ing will be held if any interested person, or his or her duly authorized representative, submits a written re - quest for a public hearing to the contact persons list - ed below no later than 15 days prior to the close of the written comment period.

c) states that “Following a public hearing, the Controller shall adopt guidelines as to the policies and procedures governing the activity of third–party auditors who are hired by the Controller.” Authority cited:

Section 1571(c), California Code of Civil Procedure Reference cited:

Section 1571(c), California Code of Civil Procedure INFORMATIVE DIGEST As required by California Code of Civil Procedure § 1571(c), following a 1999 public hearing, the State

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 116 Controller’s Office adopted guidelines as to the policy and procedures governing the activities of third–party auditors who are hired by the Controller (the “Policies and Procedures”). These policies and procedures were enacted in 2003, and amended in 2020.1 However, on April 27, 2021, the Superior Court of the County of San Francisco, ruling in the case of Yee. v. Clubcorp Holdings, Inc., Case No.

CGC–19–576314, held that despite the language of 1571(c), the Califor - nia Administrative Procedures Act “applies to the Pol- icies and Procedures.” Order Re Demurrer to Petition for Writ of Mandate and Cross–Complaint (April 27, 2021), p. 6. In order to avoid further disruption to the Control - ler’s enforcement efforts, and to resolve any lingering questions about the validity of the Policies and Proce- dures, the Controller proposes to herein adopt Reg - ulations governing the activities of third–party audi - tors who are hired by the Controller (the “Proposed Regulations”).

Policy Statement Overview/Anticipated Benefits of Proposal The State Controller’s Office has, for a number of years, relied on third–party auditors to conduct un - claimed property audits for the Controller. The use of third–party auditors has provided a number of benefits to the residents of California, and the State Controller’s Office uses third–party auditors to locate, identify, and collect unclaimed property.

For example, the Con- troller, working with the assistance of third–party au- ditors, led a national team that restored approximately $2.4 billion in life insurance benefits nationally, and more than $300 million to Californians. See https:// www.sco.ca.gov/eo_pressrel_17198.html. However, as reported in a recent report by the Legislative Analyst’s Office, only approximately 2% of California busi - nesses file unclaimed property reports annually. See https://lao.ca.gov/Publications/Report/3978. The use of third–party auditors is one way for the Controller to increase compliance with the unclaimed property law.

Continued use of third–party auditors, as proposed in the Proposed Regulations, will allow the Controller to continue to locate, identify, and collect unclaimed property. Unless otherwise specifically noted, the Proposed Regulations mirror the Policies and Procedures. Consistency/Compatibility with Existing State Regulations The Controller has determined that the Proposed Regulations are not inconsistent or incompatible with existing regulations.

After conducting a review for any regulations that would relate to or affect this area, the Controller has concluded that these are the 1 2003 is the earliest dated version of the Policies and Procedures the Controller has been able to identify. only regulations that concern the use of third–party auditors in California. In fact, the use of third–party auditors was governed by the Policies and Procedures for the last two decades and adoption of the Proposed Regulations will allow the use of third–party auditors to continue. Documents Incorporated by Reference: None.

Adverse Business Impact: The Controller has made an initial determination that the proposed regulatory action will have no significant statewide adverse eco - nomic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. These regulations formal - ly adopt the Policies and Procedures, and therefore do not represent any significant departure from past practices.

Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability to Compete: The Controller has made an initial determi - nation that this regulatory action will not have a sig - nificant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. These regulations formally adopt the Policies and Pro- cedures, and therefore do not represent any significant departure from past practices.

Cost Impact on Representative Private Person or Business: The Controller is not aware of any cost im - pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: None. Effect on Small Business: The Controller has made an initial determination that the proposed regulatory action will have no effect on small business. These regulations formally adopt the Policies and Proce - dures, and therefore do not represent any significant departure from past practices.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 117 Result of Economic Impact Assessment/Analy - sis

Summary Comments: The full Economic Impact Statement is presented in the Initial Statement of Rea- sons. These regulations are not anticipated to create or eliminate jobs within the State of California, create or eliminate existing businesses within the State of California, or expand or eliminate existing businesses within the State of California. These regulations are not anticipated to affect the health and welfare of Cal- ifornia residents, worker safety, or the state’s environ- ment.

These regulations formally adopt the Policies and Procedures, and therefore do not represent any significant departure from past practices.

CONSIDERATION OF ALTERNATIVES The agency must determine that no reasonable al - ternative it considered or that has otherwise been iden- tified and brought to its attention would be more effec- tive 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 per - sons and equally effective in implementing the statu - tory policy or other provision of law.

Any interested person may present statements or ar- guments with respect to alternatives to the proposed regulatory action. A VAILABILITY OF THE INITIAL STATEMENT OF REASONS, THE TEXT OF PROPOSAL AND THE RULEMAKING FILE The Controller has prepared an Initial Statement of the reasons for the proposed action and has available all the information upon which the proposal is based. The Initial Statement of Reasons is available on the Controller’s website.

Copies of the express language of the Proposed Reg- ulations, any document incorporated by reference, the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained throughout the rulemaking process upon request from the Controller contact or on the website listed below. The documents and other information are available for public inspection during the dates of the public comment period, described below, excluding week - ends and holidays, from 8:00 a.m. through 5:00 p.m.

STATE CONTROLLER’S OFFICE REGULATIONS GOVERNING THE SUBMISSION OF CLAIMS FOR UNCLAIMED PROPERTY HELD BY THE CALIFORNIA STATE CONTROLLER NOTICE IS HEREBY GIVEN that the California State Controller is proposing to take the action de - scribed in Informative Digest. Any person interested may present statements or arguments in writing rel -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 118 evant to the action proposed. Written comments, in - cluding those sent by mail, facsimile, or e–mail to the address listed under Contact Persons in this Notice, must be received by the State Controller’s Office not later than March 28, 2022. A public hearing is not scheduled . A public hear- ing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the contact persons listed below no later than 15 days prior to the close of the written comment period.

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 contact persons 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. Public Comment Period: February 11, 2022 through March 28, 2022. AUTHORITY AND REFERENCE California Code of Civil Procedure § 1580 provides: Rules and Regulations.

The State Controller is here- by authorized to make necessary rules and regulations to carry out the provisions of this chapter. California Code of Civil Procedure § 1540 provides: Filing of Claim — Controller’s Notice of Decision to Claimant. (

a) Any person, excluding another state or state agency, who claims to have been the owner, as defined in subdivision (d), of property paid or de - livered to the Controller under this

chapter may file a claim to the property or to the net proceeds from its sale. The claim shall be on a form prescribed by the Controller and shall be verified by the claimant. Authority cited: Sections 1540, 1580, California Code of Civil Procedure. Reference cited: Sections 1540, 1580, California Code of Civil Procedure. INFORMATIVE DIGEST As required by California Code of Civil Procedure § 1580, following a 1999 public hearing, the State Controller’s Office proposed Guidelines for Claiming Unclaimed Property (the “Claims Guidelines”).

These Claims Guidelines were adopted and last updated in September 2003 and are available on the Controller’s website at: https://www.sco.ca.gov/Files–UPD/guide_ upd_claiming.pdf. In addition, the Controller’s website contains a set of claims guidance and resources for owners of un - claimed property to assist them with claiming prop - erty in the custody of the Controller’s office. Such re - sources include, but are not limited to, claim filing in- structions and forms, video tutorials to assist owners with electronically claiming property, andinstructions for contacting the Property Owner Advocate’s Office.

However, on April 27, 2021, the Superior Court of the County of San Francisco, ruling in the case of Yee. v. Clubcorp Holdings, Inc., Case No. CGC–19–576314 (“Clubcorp”), held that the California Administra - tive Procedures Act “applies to the Policies and Pro - cedures.” Order Re Demurrer to Petition for Writ of Mandate and Cross–Complaint (April 27, 2021), p. 6. While not directly at issue, the logic of Clubcorp would be applicable to the Claims Guidelines.

Cur - rently, the above–described information and guidance made available by the Controller on the Controller’s website set forth the requirements and procedures for owners to submit claims regarding unclaimed prop - erty, as well as certain information for holders of un - claimed property. However, there is no formal regu - latory framework for the unclaimed property claims process in place at this time.

In order to provide clarity and formal guidance for owners seeking to claim unclaimed property, the Controller proposes regulations implementing and governing a process by which owners may submit un- claimed property claims to the Controller’s office (the “Proposed Claims Regulations”).

Policy Statement Overview/Anticipated Benefits of Proposal The State Controller’s Office has, since September 2003, adhered to the Claims Guidelines, which ex - plain the claims submission process for owners, the required documentation an owner must submit, the Controller’s claims consideration processes, claims reporting processes for holders, and rules pertaining to interest income on unclaimed property held by the Controller.

In addition, the Appendices to the Claims Guidelines contain certain mandatory forms required as part of the claims submission processes, including the Universal Holder Face Sheet (UFS–1) (required in connection with all reports), Claim Form/Affirmation for the claimant, Declaration Under Probate Code Sec- tion 13101, Table of Heirship, and Holder’s Claim For Reimbursement.

The adoption of the Proposed Claims Regulations will formalize the procedures and requirements em - ployed by the Controller in seeking to reunite owners with their unclaimed property entrusted to the Con - troller for safekeeping pursuant to California’s un - claimed property laws.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 119 Consistency/Compatibility with Existing State Regulations The Controller has determined that the Proposed Claims Regulations are not inconsistent or incompat - ible with existing regulations. After conducting a re - view for any regulations that would relate to or affect this area, the Controller has concluded that these are the only regulations that govern the procedures for claiming unclaimed property.

The Proposed Claims Regulations are meant to formalize the processes al - ready in place and in use by the Controller’s office for several decades. Documents Incorporated by Reference: None. Documents Relied Upon in Preparing the Regulations: None. FISCAL IMPACT ESTIMATES AND RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: No.

Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re - quire Reimbursement: None. Adverse Business Impact: The Controller has made an initial determination that the proposed regulatory action will have no significant statewide adverse eco - nomic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. These regulations formally adopt the Claims Guidelines, and therefore do not rep- resent any significant departure from past practices.

Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability to Compete: The Controller has made an initial determi - nation that this regulatory action will not have a sig - nificant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. These regulations formally adopt the Claims Guide - lines, and therefore do not represent any significant departure from past practices.

Cost Impact on Representative Private Person or Business: The Controller is not aware of any cost im - pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: None. Effect on Small Business: The Controller has made an initial determination that the proposed regulatory action will have no effect on small business. These regulations formally adopt the Claims Guidelines, and therefore do not represent any significant departure from past practices. Result of Economic Impact Assessment/Analy - sis

These regulations formally adopt the Claims Guidelines, and therefore do not represent any signifi- cant departure from past practices.

Copies of the express language of the Proposed Claims Regulations, any document incorporated by reference, the Initial Statement of Reasons, and all of the information upon which the proposal is based, may be obtained throughout the rulemaking process upon request from the Controller contact or on the website listed below. The documents and other information are available for public inspection during the dates of the public comment period, described below, excluding week - ends and holidays, from 8:00 a.m. through 5:00 p.m.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 120 The rulemaking file is maintained at the following address: California State Controller’s Office Contact: Arica Presinal | Staff Counsel State Controller’s Office — Legal Division 300 Capitol Mall, Suite 1850 Sacramento, CA 95814 Phone: (916) 322–5369 Fax: (916) 322–1220 Due to restrictions related to COVID–19, the Con - troller’s public counter is not open to the public. Please contact the contact persons below to arrange for pub - lic inspection of the rulemaking documents.

Options for public inspection during COVID–19 may include having the rulemaking documents emailed to you or scheduling an in–person review. A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE A Final Statement of Reasons will be created after the closing of the public comment period. A copy of the final statement of reasons can be obtained once it has been prepared from the contact persons named be- low or by accessing the website listed below.

CHAPTER 2. LIVESTOCK DISEASE CONTROL (ANIMAL QUARANTINE)

ARTICLE 11. EMERGENCY CONTROL AND ERADICATION OF ANIMAL DISEASES NOTICE IS HEREBY GIVEN that the Department of Food and Agriculture (herein after referred to as “Department”) proposes to amend the proposed reg - ulations described below after considering all com - ments, objections, and recommendations regarding the proposed actions. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed action.

However, the Department will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days be- fore the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her duly authorized representative, may submit written comments relevant to the proposed regulatory action to the Department. Comments can be submitted via e–mail to angelina. velez@cdfa.ca.gov or mail to the address listed be - low. The written comment period closes on March 28, 2022.

The Department will consider only comments received at the Department by that time. Submit comments to: Angelina Velez Department of Food and Agriculture Animal Health & Food Safety Services Animal Health Branch 1220 N Street, Sacramento, CA 95814 Telephone: (916) 708–4467 E–mail: angelina.velez@cdfa.ca.gov AUTHORITY AND REFERENCE Existing law,

section 407 of the Food and Agri - cultural Code, provides that the Secretary of the De -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 121 partment of Food and Agriculture (Department) may adopt such regulations as are reasonably necessary to carry out the provisions of the code which she is di - rected or authorized to administer or enforce. Existing law,

section 10610 of the Food and Ag - ricultural Code, authorizes the Secretary of the De - partment to adopt regulations to control and eradicate cattle diseases by requiring permits before entry of, and limitations on the importation of, cattle and oth - er animals or materials that might act as a cause or a vector of a disease or condition that is infectious or contagious to cattle. Existing law,

section 10781 of the Food and Agri - cultural Code, authorizes the Director to adopt reg - ulations to control or eradicate hog cholera, swine brucellosis, pseudorabies, and other swine diseases by limitations on the movement of swine. Existing law,

section 9641.5 of the Food and Agri - cultural Code, provides that any horse or other Equi - dae brought into this state shall be accompanied by a certificate of health from the state of origin issued by an accredited veterinarian stating that the horse or other Equidae is free from evidence of any communi - cable disease. Existing regulations under

Section 799 of the Cali - fornia Code of Regulations, specifies the requirements for interstate movement of all susceptible animals that have been potentially exposed to Vesicular Stomatitis Virus (VSV). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department is proposing the amendment to

section 799 under of

Article 11,

Chapter 2, Division 2, of Title 3 of the California Code of Regulations, to update the interstate movement requirements for sus - ceptible animals during an outbreak of VSV. Anticipated Benefits of the Proposal: This amend - ment will provide the public with clear and accurate information for the requirements for importation of animals susceptible to VSV, upon the Department’s notification by the U.S. Department of Agriculture that a state or country has a confirmed or suspect VSV premises.

This amendment also ensures the Depart - ment has the ability to properly control, manage, and prevent the spread or introduction of VSV within the State. CONSISTENCY EVALUATION The Department has evaluated this proposal and be- lieves that it is not inconsistent or incompatible with the Department’s existing State regulations. DISCLOSURES REGARDING THE PROPOSED ACTION Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None.

Cost to Any Local Agency or School District for Which Government Code

section 17500 et seq. Re - quire Reimbursement: None. Business Impact: The Department has determined that this regulatory proposal will not have any impact on the creation of jobs or businesses or the elimination of jobs or existing businesses or the expansion of busi- nesses in California. The Department has made an initial determination that the proposed regulatory action will not have any significant statewide adverse economic impact direct- ly affecting California businesses including the ability of California businesses to compete with businesses in other states.

Cost Impacts on Representative Private Persons or Businesses: The Department is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action. The anticipated compliance requirements as a result of this proposal: The proposal contains no specific re- cord keeping, paperwork or reporting requirements. Effect on Housing Costs: None. Effect on Small Business: The Department has ini - tially determined that the proposed changes to the regulations would have no significant impact directly affecting small businesses.

These regulations do not require any additional costs or outputs for small busi - nesses. These regulations do not establish any new limitations on small businesses. All CFMs and ven - dors would be operating under the same regulatory structure with regards to the regulatory changes. RESULTS OF ECONOMIC IMPACT ASSESSMENT Benefits of the regulation to the health and welfare of California residents, worker safety, and the State’s environment: The Department is not aware of any specific benefits this proposal will have on worker safety or the State’s environment.

The proposed regulation benefits the health and wel- fare of California residents, including animal health, public health, the food supply, and the economy by serving to prevent the spread of VSV in the State of California during a VSV outbreak.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 122 Occupations/Businesses Impacted: The Department has determined that this regulato - ry proposal will not have any impact on the creation of jobs or businesses or the elimination of jobs or ex - isting businesses or the expansion of businesses in California. Business Reporting Requirement: There are no new reporting requirements as a result of this proposal. Comparable Federal Regulations: This proposal does not duplicate or conflict with federal regulations. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is pro - posed or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law.

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

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

A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may amend the proposed regulations substantially as described in this notice. If the Department makes modifications, which are 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 re - vised. Please send requests for copies of any modi - fied regulations to the attention of Angelina Velez at the address listed below.

The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. A VAILABILITY OF FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the persons named below. A VAILABILITY OF DOCUMENTS ON THE INTERNET Website Access: Materials regarding this propos - al can be found by accessing the following Internet address: https://www.cdfa.ca.gov/ahfss/regulations. html#AHB–rulemaking .

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 123 TITLE 4. DEBT LIMITATION ALLOCATION COMMITTEE OFFICE OF THE TREASURER The California Debt Limit Allocation Committee (CDLAC) proposes to adopt the amended regulations described below after considering all comments, ob - jections, and recommendations regarding the pro - posed action. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to CDLAC@treasurer. ca.gov.

Comments may also be submitted via mail to: California Debt Limit Allocation Committee Attention: Emily Burgos 915 Capitol Mall, Room 311 Sacramento, CA 95814 The written comment period closes on March 28, 2022. To ensure CDLAC will consider your comment it must be received by March 28, 2022. AUTHORITY

Section 8869.94, California Government Code au - thorizes the Committee to adopt regulations relating to an allocation system to administer the state unified volume ceiling as emergency regulations and instructs the Office of Administrative Law to consider such reg- ulations to be “necessary for the immediate preserva - tion of the public peace, health and safety or general welfare.” REFERENCE California Government Code Sections 8869.80– 8869.94 8869.82, 8869.84, 8869.84(

c) and (e), 8869.85(a), 8869.85(b), 8869.86(c), 8869.87, 8669.89, and 8869.94. INFORMATIVE DIGEST

Summary of Existing Laws and Effect of the Proposed Action The purpose of CDLAC (“the Committee”) is to im- plement

Section 1301 of the Federal Tax Reform Act of 1986 and

Section 146 of the Internal Revenue Code which impose a limit on the amount of tax–exempt private activity bonds which a state may issue in a cal- endar year (i.e. the annual state ceiling). Federal tax law defines the term “private activity bond”; limits the volume of private activity bonds which a state may issue in a calendar year; defines the types of programs and projects which qualify for tax–exempt bond fi - nancing under the volume cap; and specifies record - keeping requirements. The Committee was statutorily created by

Chapter 943, Statutes of 1987, in response to the 1986 Federal Tax Reform Act. California Government Code Sec - tion 8869.80 et seq. defines the Committee’s responsi- bilities as follows: Set the Annual State Ceiling: The Committee is required to establish the state ceiling as soon as is practicable after the start of each calendar year. Allocate the State Ceiling: The Committee is granted the sole authority for al - locating the annual ceiling.

Other Administrative Functions: The Committee is authorized to adopt regulations relating to an allocation system to administer the state unified volume ceiling as emergency regulations (Cal- ifornia Government Code 8869.94) which includes authorization to prepare forms, establish procedures, set priorities, require a performance deposit, assess fees, and perform other administrative functions as necessary.

Additionally, in establishing CDLAC the Legislature emphasized the substantial public benefit of promoting housing for lower income families and individuals and of preserving and rehabilitating exist - ing governmental assisted housing for lower income families and individuals. The proposed competitive system for Qualified Res- idential Rental Projects will ensure that limited tax– exempt bond allocation is available to affordable hous- ing projects through a fair, equitable, and transparent system. In competitive rounds, scores are used to rank order applications to award allocation until the round limit is met.

Anticipated Benefits of the Proposed Regulations The benefits derived by these proposed regulations include the fair, efficient and equitable administration of the Qualified Residential Rental Project (QRRP) Program in compliance with state and federal law. Evaluation of Inconsistency/Incompatibility with Existing State Regulations The Committee has determined that the proposed regulations are not inconsistent or incompatible with exiting state regulations.

Application for bond alloca - tions is a nonmandatory activity and these regulations ensure a fair and efficient process for allocations as to both applicants and the Committee

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 124 DISCLOSURES REGARDING THE PROPOSED ACTION CDLAC has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: The Executive Director of the Committee has determined that the Regulations do not impose any additional cost or sav - ings requiring reimbursement under

Part 7 (commenc- ing with

Section 17500) of Division 4 of Title 2 of the California Government Code, any other non–discre - tionary cost or savings to any local agency or any cost or savings in federal funding to the State. Pursuant to the State Administrative Manual

Section 6680, a Fis - cal Impact Statement (Form 399) is submitted. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact di - rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None.

Significant effect on housing costs: The proposed changes will ensure the award of allocation to quality affordable housing projects. Cost impacts on a representative private person or business: CDLAC is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed regulations.

Results of the Economic Impact Analysis/Assessment CDLAC concludes that it is unlikely that the propos- al will (1) eliminate any jobs, (2) create any jobs, (3) create any new businesses, or (4) eliminate any exist - ing businesses or result in the expansion of businesses currently doing business within the state. CDLAC concludes the proposal will not impact the health and welfare of California residents, worker safety, and the State’s environment. Small Business Determination The proposed regulations will not affect small busi- nesses.

These regulations establish procedures that only bond issuers and affordable housing developers must follow. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), CDLAC 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, as effective and less burdensome to affected private persons than the pro - posed action, or more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law.

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

CONTACT PERSONS Inquiries concerning the proposed rulemaking ac - tion may be directed to: Emily Burgos California Debt Limit Allocation Committee 915 Capitol Mall, Room 311 Sacramento, CA 95814 916.653.3255 CDLAC@treasurer.ca.gov eburgos@treasurer.ca.gov Christina Vue California Debt Limit Allocation Committee 915 Capitol Mall, Room 311 Sacramento, CA 95814 916.653.3255 CDLAC@treasurer.ca.gov cvue@treasurer.ca.gov A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE CDLAC will make the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address and online at https://www.treasurer.ca.gov/cdlac/ regulations.asp.

s) listed above. A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, CDLAC may adopt the proposed regulations substantially as described in this notice. If CDLAC makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before adopting the reg- ulations as revised. Please direct requests for copies

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 125 of any modified regulations to the contact person(

s) listed above. If substantive modifications are made, CDLAC will accept written comments on the modi - fied regulations for the duration of the period of public availability. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, CDLAC will make copies of the Final Statement of Reasons available. Please di - rect requests for copies to the contact person(

s) listed above. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications highlighted, as well as the Final Statement of Reasons, when completed, and modified text, if any, may be accessed via CDLAC’s website at https://www.treasurer.ca.gov/cdlac/regulations.asp. TITLE 5 .

DEPARTMENT OF EDUCATION AMENDMENTS TO CALIFORNIA CODE OF REGULATIONS, TITLE 5, REGARDING CALIFORNIA ASSESSMENT OF STUDENT PERFORMANCE AND PROGRESS (CAASPP) AND ENGLISH LANGUAGE PROFICIENCY ASSESSMENTS FOR CALIFORNIA (ELPAC) NOTICE IS HEREBY GIVEN that the State Board of Education (SBE) proposes to adopt the reg - ulations described below after considering all com - ments, objections, or recommendations regarding the proposed action.

The SBE invites interested persons to present state - ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. PUBLIC HEARING California Department of Education (CDE) staff, on behalf of the SBE, will hold a virtual public hearing at 9:00 a.m. on March 29, 2022.

Any interested person may participate in the public hearing via a webinar in Zoom by logging in per the following instructions: ● Click the following link or paste the link to the browser to join the webinar and enter the pass - word: https://us02web.zoom.us/j/85134776812 Password: 517549 ● To connect with audio only and no video, call one of the following telephone numbers and enter the meeting ID and password: 669–900–9128 213–338–8477 Callers may also find their local number at https:// us02web.zoom.us/u/keHvy2i3J Meeting ID: 851 3477 6812 Password: 517549 For persons intending to attend the Zoom meeting, those persons may check their computers by: ● Clicking on the test link: https://zoom.us/test. ● For any issues regarding connecting with Zoom, go to https://support.zoom.us/hc/en–us for assis - tance.

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

summary of their statements. No oral statements will be accepted subsequent to this public hearing. REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Un- ruh Civil Rights Act, any individual with a disabili - ty who requires reasonable accommodation to attend or participate in a public hearing on proposed regu - lations, may request assistance by contacting Devin Triplett, Assessment Development and Administra - tion Division, 1430 N Street, Sacramento, CA, 95814; telephone, 916–319–0803.

It is recommended that as - sistance be requested at least two weeks prior to the hearing. Pursuant to Government Code

Section 11346.6(a)(3) and (b), because some of these regulations pertain to special education, the following provisions also apply: Upon request from a person with a visual disabil - ity or other disability for which effective communi - cation is required under state or federal law, the CDE shall provide that person a narrative description of the additions to, and deletions from, the regulations.

The description shall identify each addition to or deletion from the regulations by reference to the subdivision, paragraph, subparagraph, clause, or subclause within the proposed regulation containing the addition or de- letion. The description shall provide the express lan - guage proposed to be added to or deleted from the reg-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 126 ulations and any portion of the surrounding language necessary to understand the change in a manner that allows for accurate translation by reading software used by the visually impaired. The CDE shall provide the information described above within 10 business days, unless the CDE deter - mines that compliance with this requirement would be impractical and notifies the requester of the date on which the information will be provided.

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

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to: Lorie Adame, Regulations Coordinator Administrative Support and Regulations Adoption Unit California Department of Education 1430 N Street, Room 5319 Sacramento, CA 95814 Comments may also be submitted by facsimile (FAX) at 916–322–2549 or by email to regcomments@ cde.ca.gov. Comments must be received by the Regulations Co- ordinator prior to or on March 29, 2022.

All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act. AUTHORITY AND REFERENCE Authority: Sections 313, 33031, 60605, 60640 and 60810, Education Code. References: Sections 306, 313, 37200, 37670, 47079.5, 47605, 47605.8, 47651, 49062, 49068, 51210, 51220, 52110, 52052, 56034, 56345, 60602.5, 60603, 60604, 60605, 60607, 60610, 60611, 60615, 60630, 60640, 60641, 60642.5, 60642.6, 60643, 60810 and 60900, Education Code; 20 U.S.C. Sections 1401, 1412, 6311, 6312, 6821, 6823, 6825, 6826 and 7801; 29 U.S.C.

Section 794; and 34 C.F.R. Sections 200.1, 200.6 and 300.160. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CAASPP Assembly Bill 484 (ch. 489, Stats. 2013; AB 484) au- thorized a new statewide testing program, the Califor- nia Assessment of Student Performance and Progress (CAASPP) System. Provisions of AB 484 took effect in January 2014.

Pursuant to Education Code (EC) sec- tion 60640, the CDE has updated the CAASPP System to include three new assessments: the new California Science Test (CAST), aligned with the California Next Generation Science Standards (CA NGSS); the new California Alternate Assessment for Science (CAA for Science); and the California Spanish Assessment (CSA), aligned with the Common Core State Stan - dards in Español. CAASPP test results are used to im- prove teaching and learning by schools and districts in California.

The CAASPP tests are also developed, administered, and reported in accordance with feder - al requirements. With the development of these com - puter–based assessments, the CDE continues to move manuals and reports from paper products to electron - ic delivery of products. Work to build out web–based processes for local educational agency (LEA) training, designation of authorized staff, instructional manuals and reporting continues to change the way the CDE communicates with assessment coordinators, test site administrators, teachers and parents. Pursuant to EC

section 60640(q), title 5 of the Cal - ifornia Code of Regulations (5 CCR) sections 850 through 868 were revised by the SBE to conform to the statutory changes made in AB 484. These amend - ments revised

definitions, requirements, responsibili - ties and guidelines for the administration, test security, reporting and apportionment related to the CAASPP System. The amendments were approved initially as emergency regulations on February 3, 2014, and later approved by the Office of Administrative Law (OAL) as permanent regulations on August 27, 2014.

Under these newly–adopted regulations, the En - glish language arts/literacy (ELA) and mathemat - ics operational assessments took place beginning in March through July 31, 2015, and included the new computer–based assessments provided by the Smart - er Balanced Assessment Consortium (Consortium), a consortium composed of member states.

The CDE, at the direction of the SBE and in collaboration with CAASPP testing contractor, Educational Testing Ser - vice (ETS), conducted evaluations of the first opera - tional CAASPP test administration and identified re - quired amendments to be made to the regulations for the second operational administration, including the addition of accessibility resources in alignment with Consortium policy, the addition of a testing window for the new California Alternate Assessments (CAAs)

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 127 for ELA and mathematics, clarifications to language needed for the new online tests (not necessary for the paper–pencil tests) and minor format and language clarifications. These amendments were approved by the OAL on an emergency basis to allow for the timely preparation and administration of the second opera - tional administration of the 2016 CAASPP tests; they also were adopted through the regular rulemaking process and approved by the OAL on May 18, 2016.

The CDE successfully carried out the 2015–2016 ad - ministration of the online CAASPP tests on March 10 through July 31, 2016. As a result of the 45–day public comment period, which the SBE approved at its January 2019 meeting, and after further review of the proposed regulations, the CDE staff amended the originally proposed regu - lations. The OAL approved the final regulations and they became operative on July 11, 2019. Accessibility resources are an essential piece of the comprehensive assessment system to ensure that all students have equitable access during assessment administration.

To this point, accessibility resources were codified in the CAASPP and ELPAC regula - tions and modified over the years through the regu - latory process. In 2021, Assembly Bill 130 (AB 130) was approved by Governor Newsom. AB 130 makes clear that the state assessments “shall include the use of accessibility resources, as may be determined by the department, and those determinations shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Sec - tion 11340) of

Part 1 of Division 3 of Title 2 of the Government Code).” This law allows the removal of the listing of accessibility resources from within the respective assessment regulations. Beginning in the fall of 2020, LEAs were univer - sally able to test students through remote administra - tion for the first time. This flexibility was extended in response to the factors surrounding the COVID–19 pandemic; however, remote administration had been a regular request of LEAs prior to the COVID–19 pan - demic to more efficiently assess students who are un - able to take the state assessments in person.

Reasons that a school may require remote testing vary—from online schools without a physical site to schools whose site cannot support administration, possibly due to natural disasters or other unforeseen causes. There - fore, amendments are proposed to title 5 of California Code of Regulations (5 CCR) sections 850, 851.5, 853, 854.5, 854.9, 855, 857, 859, and 863 and the deletion of sections 854.1, 854.2, 854.3 and 854.4 to implement the CAASPP (EC

section 60640 et. seq.) and amend - ments to 5 CCR sections 11518, 11518.5, 11518.15, 11518.20, 11518.25, 11518.37, 11518.40, 11518.50, and 11518.65, the deletion of

section 11518.35 and the addi- tion of

section 11518.16 to implement the ELPAC (EC sections 313 and 60810). ELPAC Education Code

section 313 requires school dis - tricts, county offices of education and charter schools, collectively referred to as LEAs, to assess English lan- guage proficiency (ELP) of their pupils to the extent required by federal and state law. Assessment of a pu- pil’s ELP is required upon initial enrollment after a survey of a pupil’s language indicates a primary or na- tive language other than English, and annually there - after until a pupil is redesignated as English proficient. The CDE is responsible for the oversight of the state test of ELP, as set forth in EC sections 313 and 60810.

Assembly Bill No. 124 (ch, 605, Stats 2012; AB 124) required the State Superintendent of Public Instruc - tion, in consultation with the SBE, to update, revise and align English Language Development Standards (ELD Standards) to the State’s English language arts standards. As required by AB 124, the SBE adopted the updated and revised ELD Standards in November 2012. Education Code

section 60810, subdivisions (

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

section 306; and (2) an annu - al summative assessment to identify an EL ’s level of ELP, and also to measure an EL ’s progress in learning English. Combined, these assessments are described as the English Language Proficiency Assessments for California (ELPAC). The initial and summative EL - PAC are aligned to the 2012 ELD Standards, as re - quired by Education Code

section 60810, subdivisions (c)(5) and (e)(7) (Sen. Bill No. 201,

section 6, 2013– 2014 Reg. Sess.; SB 201). The ELPAC assessments re- placed the California English Language Development Test, as specified in EC

section 60810(f) (SB 201, sec- tion 5) and EC

section 60810(h) (SB 201,

section 6). The ELPAC regulations were approved by OAL on June 5, 2017, and became effective on October 1, 2017. Based on educator and test examiner feedback from the field test and operational administrations, infor - mation from cognitive labs and changes deemed nec - essary by the test contractor and the CDE, the CDE proposed amendments to the regulations to the SBE in July 2018. The SBE approved emergency regula - tions as well as the commencement of the rulemaking process for amendments to the ELPAC regulations. A 45–day public comment period from July 27, 2018, through September 10, 2018, was held.

No public com- ments were received during this public comment pe - riod nor during the public hearing held on September 10, 2018. In November 2018, the SBE re–adopted the emergency regulations and approved the permanent rulemaking that was submitted to OAL for final ap -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 128 proval. The OAL approved the regulations on January 1, 2019. The CDE proposed amendments to the regulations to the SBE in July 2019. Part of this process involved a 45–day public comment period from July 26, 2019, through September 9, 2019. No public comments were received during this public comment period nor during the public hearing held on September 9, 2019. However, in its review of proposed amended regu - lations, OAL requested substantive changes to sec - tions 11518.5(d), 11518.15(b), and 11518.77(a), which required a 15–day public comment period. In further review, the CDE made a substantive change

section 11518(aj)(1) to provide the correct citation for determi- nation of students with the most significant cognitive disabilities pursuant to the federal Individuals for Dis- abilities Education Act. OAL approved the regulations on January 30, 2020. As required by EC sections 313 and 60810, 5 CCR sections 11518, 11518.5, 11518.15, 11518.20, 11518.25, 11518.37, 11518.40, 11518.50 and 11518.65 are being amended,

section 11518.16 is being added and

section 11518.35 is being deleted to implement EC sections 313 and 60810 to conform to the State’s testing regulations to the ELPAC System. These proposed changes seek to amend regulations in order to remove the listing of available accessibility resources, add language to ad - dress remote testing, and revise language throughout to align regulations with updated operational practices for the ELPAC system.

Policy Statement Overview The proposed amendments are designed to assure that the tests within the CAASPP and ELPAC align with current state law and recent changes in testing and are administered fairly and consistently through - out the State. The proposed amendments assure that all students may access the tests and that valid and reliable results are available for accountability deter - minations and to provide schools and educators with accurate information to improve student learning.

In so doing, these actions prevent harm to the public peace, health, safety and general welfare and progress of California pupils. Anticipated Benefits of the Proposed Regulation The benefit of enacting the proposed amendments for the CAASPP and ELPAC regulations is the promo- tion of an optimal, efficient and fair test administration for eligible students. Deleting the list of accessibility resources in both the CAASPP and ELPAC regula - tions reduces the burden on CDE to spend time and re- sources to annually amend the regulations to conform to evolving changes in the assessments and technolo - gy.

Updating the regulations to reflect changed condi- tions: new tests that have replaced old tests, testing un- der new remote conditions, and use of new assessment tools and terminology, provide necessary clarity and consistency for LEAs that must follow the regulations. These regulations propose a consistent procedure for the statewide administration of the CAASPP and the ELPAC by LEAs, so all eligible pupils will have access to valid and reliable assessments, consistent with state and federal law.

Evaluation of Inconsistency/Incompatibility With Existing State Regulations An evaluation of the proposed regulations has de - termined they are not inconsistent/incompatible with existing regulations, pursuant to Government Code

section 11346.5(a)(3)(D). After conducting a review for any regulations that would relate to or affect this area of law, the SBE has concluded that these are the only regulations that concern the CAASPP and ELPAC regulations. DISCLOSURES REGARDING THE PROPOSED ACTION/FISCAL IMPACT The SBE has made the following initial determinations: Other statutory requirements : There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations or class of regulations. Mandate on local agencies and school districts : None. Costs to any local agencies or school districts for which reimbursement would be required pursuant to

Part 7 (commencing with

section 17500) of division 4 of the Government Code: None. Cost or savings to any state agency: None. Other non–discretionary costs or savings imposed on local agencies, including local educational agen - cies: None. Costs or savings in federal funding to the state : None. Effect on housing costs: None.

Significant, statewide adverse economic impact di - rectly affecting business including the ability of Cali - fornia businesses to compete with businesses in other states: None Cost impacts on a representative private person or businesses: The SBE is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Report required : The proposed regulations do not require a report to be made.

Effect on small businesses : The proposed regula - tions would not have an effect on any small business because the proposed amendments only affect LEAs and would have no impact on the private sector.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 129 RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment — Gov. Code

Section 11346.5(a)(10): The SBE concludes that it is unlikely that these proposed regulations will: 1) create or eliminate jobs within California; 2) create new businesses or elimi - nate existing businesses within California; or 3) affect the expansion of businesses currently doing business within California.

Benefits of the Proposed Action: The proposed reg- ulations will benefit LEAs by establishing consistent language throughout the regulations across all assess - ment programs, provide clarification the administra - tion of the assessments, alleviates a lengthy process for annual approval of changes and additions to ac - cessibility resources, provide updated accessibility resources to LEAs in a timely manner, and clean up language based upon changes in test development. The anticipated benefit of the regulations is the ef - fective and consistent statewide administration of the CAASPP and the ELPAC.

These proposed regulations will have no adverse effect nor benefit on worker safety or the State’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the SBE must determine that no rea - sonable alternative it considered or that has other - wise been identified and brought to the attention of the SBE, would be more effective in carrying out the 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 SBE invites interested persons to present state - ments or arguments with respect to alternatives to the proposed regulations during the written comment period. CONTACT PERSONS Inquiries concerning the content of these proposed regulations should be directed to: Devin Triplett, Consultant Assessment Development and Administration Division California Department of Education 1430 N Street, 4401 Sacramento, CA 95814 Telephone: 916–319–0803 Inquiries concerning the regulatory process may be directed to the Lorie Adame, Regulations Coordinator, or the backup contact person, Hillary Wirick, Regu - lations Analyst.

The Regulations Coordinator and the Regulations Analyst may be reached by email at regulations@cde.ca.gov or by telephone at 916 –319– 0860. A VAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND INFORMATION As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulations, the Initial State - ment of Reasons (ISOR), the agenda and a recording of the SBE meeting where the SBE approved com - mencement of this rulemaking activity and Fiscal and Economic Impact Statement (STD. 399).

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 130 A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE You may obtain a copy of the Final Statement of Reasons, once it has been finalized, by making a writ- ten request to the Regulations Coordinator. All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the Regulations Coordinator.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons and the text of the regula - tions with modifications highlighted, as well as the Final Statement of Reasons, when completed and modified text, if any, can be accessed via CDE’s web- site at http://www.cde.ca.gov/re/lr/rr/. TITLE 19. OFFICE OF THE STATE FIRE MARSHAL FEE STRUCTURE FOR FLAME RETARDANT CHEMICALS, FABRICS AND APPLICATION CONCERNS NOTICE IS HEREBY GIVEN pursuant to Gov - ernment Code

Section 11346, that the California De - partment of Forestry and Fire Protection — Office of the State Fire Marshal (“OSFM”) or (“SFM”) propos- es to take the regulatory action described below in the Informative Digest implementing Title 19, Division 1,

Chapter 8,

Article 1 of the California Code of Reg - ulations (CCR), related to the adoption of a new fee structure for flame retardant chemicals, fabrics and application concerns after considering public com - ments, objections, or recommendations regarding the proposed action. WRITTEN COMMENT PERIOD Any interested person or his/her authorized repre - sentative may submit written comments relevant to the proposed regulatory action. Written comments will be accepted for 45 days beginning February 11, 2022, through March 29, 2022.

All written comments received through the end of March 29, 2022 will be considered and responded to as part of the compilation of the rulemaking file and are subject to disclosure un- der the Public Records Act (Government (Gov.) Code

Section 6250, et seq.). Written comments should be directed to: ● Email: Title19regulations@fire.ca.gov ● U.S. Mail postmarked no later than March 29, 2022 to: CAL FIRE/Office of the State Fire Marshal P.O. Box 944246 Sacramento, California 94244–2460 Attention: Eireann Flannery, Code Development & Analysis Pursuant to Government Code

Section 11346.9, the OSFM shall respond to comments submitted during the comment period containing objections and/or recommendations specifically directed at the SFM’s proposed action or to the procedures followed by the agency in proposing or adopting the action. PUBLIC HEARING The OSFM has not scheduled a public hearing on this proposed action. However, the OSFM will hold a public hearing to accept comments if a written request is received from any interested person or his/her au - thorized representative, no later than 15 days before the close of the 45–day written comment period, pur - suant to Government Code

Section 11346.8. Submit requests to the contact person indicated below. STATUTORY AUTHORITY The proposed action will adopt regulations to reflect legislative requirements found in Government Code,

Section 11346.6. AUTHORITY Health and Safety Code

Section 13120 and Govern- ment Code

Section 6157(b). REFERENCE Health and Safety Code

Section 13137 and Govern- ment Code

Section 11546.7. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Health and Safety Code

Section 13137 governs the use of the State Fire Marshal Licensing and Certifi - cation Fund. This fund houses fees from the Flame Retardant Chemicals and Fabrics Program, and fees from the OSFM’s other Licensing and Certification programs.

Section 13137 specifies that 1) fees may not exceed the actual cost of administrating the OSFM’s Licensing and Certification programs, and 2) fees must be used for the benefit of the same group they are collected from. The fund’s statute limits the use of monies to the group that the fees are collected from.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 131 However, the current fee amounts are not sufficient to cover the actual costs to operate the Flame Retar - dant Chemicals and Fabrics Program. There is sub - stantial evidence that the program must obtain addi - tional revenue in order to maintain compliance with the fund’s statutory requirements, which effectuate the purpose of Health and Safety Code

Section 13137.

Summary of Existing Laws: Pursuant to Health and Safety Code Sections 13120, 13121, 13122, 13123, 13124, 13125, 13126, and 13127, the Office of the State Fire Marshal (OSFM) has statu- tory authority to operate the Flame Retardant Chemi - cals and Fabrics Program, and to collect fees which do not exceed the actual costs of operating the program. In addition, Government Code

Section 6157(

b) au - thorizes a State agency to charge an appropriate fee to cover the cost of any returned or dishonored checks. This

section is applicable to the Flame Retardant Chemicals and Fabrics Program because the program accepts checks for fees.

Summary of Existing Regulations: CCR, Title 19, Division 1,

Chapter 8,

Article 1 re - quires a fee for flame retardant chemicals, fabrics, and application concerns. Pursuant to Health and Safety Code

Section 13137, the OSFM is proposing a fee increase. In 2018, the OSFM initiated the process of fully assessing the operating expenses of the Flame Retardant Chemicals and Fabrics Program, in order to determine if the existing program revenues meet stat - utory requirements to use program fees for the bene - fit of the group they are collected from. Through this evaluation, the OSFM determined that annual reve - nue under the current fee structure is insufficient to operate the program and therefore does not meet the requirements of Health and Safety Code 13137.

Addi- tional revenue is necessary in order for the program to implement the fund’s statutory requirements, as de- tailed in Health and Safety Code

Section 13137. The current fee

schedule was established in the 1980s and is insufficient to sustain the Flame Retar - dant Chemicals and Fabrics Program without incur - ring a deficit. Since that time, program costs have risen significantly due to inflation, rising personnel costs, amounts required to maintain the reserve rec - ommended by the Department of Finance, and adop - tion of online application and payment systems. This rulemaking action proposes amendments to CCR, Title 19,

Chapter 8,

Article 1, Sections 1179 (a), (b), (c), (d), (

e) and Authority and Reference Note; and adoption of new

Section 1179 (

b) and (g), 1179.1, 1179.2, and 1179.3, and Authority and Reference Note.

Summary of Effect: The proposed regulations will impose cost impacts that a directly affected business would incur in rea - sonable compliance with the proposed action. The im- pacts will affect new applicants and annual renewals as required by statute. Comparable Federal Regulations or Statute: The proposed action does not duplicate or conflict with any federal regulations or statutes. No compara - ble federal regulations or statutes exist.

Objective and Anticipated Benefits of the Proposed Regulations: The proposed regulations are necessary to provide sustainable and complete funding to implement the Program’s statutory enforcement mandates in Health and Safety Code Sections 13120, 13121, 13122, 13123, 13124, 13125, 13126, and 13127. Sustainable and com- plete funding will allow the OSFM to remain compli - ant with the State Fire Marshal Licensing and Certifi - cation Fund requirements in Health and Safety Code

Section 13137. The OSFM has determined that this regulatory proposal will benefit public safety, and worker safe - ty. This program specifically enhances worker safety by reducing the risk of catastrophic fire in assembly occupancy workplace settings, and tents. This regu - lation enhances the use of preventative measures to reduce the risk of a fire ignition or spread in many public spaces, protecting workers and public visitors from the impacts of fire and panic.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations: The OSFM has evaluated the proposed regulations and found that they are not inconsistent or incompati - ble with existing state and federal regulations. Documents Incorporated By Reference: The following forms are incorporated by reference in the text of the proposed regulations. The applica - tion forms are used to record the information required when applying for flame retardant chemicals, fabrics, and application concerns.

(1) Application for Decorative Materials Registra - tion — Fabric FR–1 (REV. (5/2021)

(2) Application for Decorative Materials Registra - tion — Chemical FR–2 REV. (5/2021)

(3) Application for General Applicator FR–3 (REV. 5/2021)

(4) Application for Limited Applicator FR–4 (REV. 5/2021) It would be cumbersome, unduly expensive, or otherwise impractical to publish these documents in the California Code of Regulations. The documents are made available from the agency or are reason - ably available to the affected public from a common - ly known or specified source: Office of the State Fire Marshal website: Office of the State Fire Marshal website at: https://osfm.fire.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 132 OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS There are no other matters prescribed by statute applicable to the SFM, or to any specific regulation. There are no other matters to identify. DISCLOSURES REGARDING THE PROPOSED ACTION The OSFM has made the following initial deter - minations concerning the adoption of the proposed regulations: 1. Mandates on local agencies and school districts: None. 2. Costs or savings to any state agency: None. 3. Cost to any local agency or school district that must be reimbursed in accordance with Govern - ment Code

Section 17500 through

Section 17630: None. 4. Other non–discretionary cost or saving imposed on local agencies: None. 5. Costs or savings in federal funding to the State of California: None. 6. Significant effect on housing costs: None. 7.

Significant Statewide Adverse Economic Impacts Directly Affecting Businesses and Individuals: Although the proposed action may have an impact on businesses statewide that sell flame retardant chemicals and fabrics and application concerns, the OSFM concludes that the adverse economic impact, including the ability of California busi - nesses to compete with businesses in other states, will not be significant. DECLARATION OF EVIDENCE The OSFM has not relied on any other facts, evi - dence, documents, testimony, or other evidence to make its initial determination of no statewide adverse economic impact.

COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The proposed regulations will impose cost impacts that a directly affected business would necessarily in - cur in reasonable compliance with the proposed ac - tion. This includes applicators, manufacturers, and laboratories within the flame retardant industry. The impact will be consistent regardless of the size of any business.

A flame retardant original or annual renewal registration of any single fabric or chemical would pay an additional $375 in fees for each new registration application, while a business would pay an addition - al $145–$275 in fees for each new company applica - tion depending their status as “General Applicator” or “Limited Applicator”. General Applicators of Flame– Retardant would pay an additional $11 in fees for each certificate, while a business would pay an additional $250 in fees for each fabric added to an existing reg - istration.

However, it is not known how many of these businesses qualify as small businesses versus typical businesses. Fees will be paid by individuals and busi - nesses submitting applications. Initial start–up rep - resents new applications if submitted; annual ongoing costs represent renewal fees per service to clarify the economic analysis. EFFECT ON SMALL BUSINESS The proposed regulation may affect small business. The proposed regulations would incur some effect on all businesses who apply for registration through the Flame Retardant Chemicals and Fabrics Program.

The scope of information collected by this program is directly related to licensing requirements. That type of information is not collected as part of the licens - ing process. Thus, the business details which would identify a “small business,” as it is defined by Gov - ernment Code 11342.610, do not overlap with those requirements. BUSINESS REPORT The proposed regulations do not create any report - ing requirements. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The OSFM concludes that the adoption of these reg- ulations will not:

a) create or eliminate jobs within California,

b) create new businesses or eliminate existing busi - nesses within California, or

c) affect the expansion of businesses currently doing business within California. BENEFITS TO HEALTH AND WELFARE, WORKER SAFETY, AND THE ENVIRONMENT The OSFM has determined that this regulatory pro - posal will directly benefit worker safety. The OSFM has determined that this regulatory proposal will not directly affect the health and welfare of California res- idents or the state’s environment. This program spe - cifically enhances worker safety by reducing the risk

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 133 of catastrophic fire in assembly occupancy workplace settings, including tents. This regulation enhances the use of preventative measures to reduce the risk of a fire ignition or spread in many public spaces, protect - ing workers and public visitors from the impacts of fire and panic.

CONSIDERATION OF ALTERNATIVES The OSFM must determine that no reasonable alter- native considered by the agency, or that has otherwise been identified and brought to the agency’s attention, would be more effective in carrying out the purpose for which the adoption of this regulation is proposed, or would be as effective as and less burdensome to affected private persons than the proposed action or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law.

The OSFM has reviewed the proposed regulatory action, including both the positive and negative im - pacts it will place upon the industry. However, none of the alternatives would be more effective in carrying out the purpose of the legislation and proposed regula- tions or be less burdensome to the affected parties than the proposed regulations. The OSFM considered the alternative of no regula - tory action however, the alternative considered would not generate sufficient revenue to operate the program.

The result of the reasonable alternative would be in - consistent with the requirements of Health and Safety Code

Section 13137, the State Fire Marshal Licensing and Certification Fund. The alternative of no regulatory action would also not be in the best interest of the public because a fund- ing deficit would impact the operational stability of the program, which would cause a negative impact to di - rectly affected businesses and impair the public safety benefits of the program. The OSFM invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written com - ment period.

CONTACT PERSONS Inquiries or specific questions regarding the pro - posed rulemaking action may be directed to: General procedural & administrative questions: Eireann Flannery CAL FIRE/Office of the State Fire Marshal 715 P Street, Suite 900 Sacramento, CA 95814 Title19Regulations@fire.ca.gov Phone: (916) 531–7650 For substantive or technical questions on the proposed changes: Patricia Setter, Flame Retardant Program Coordinator CAL FIRE/Office of the State Fire Marshal 715 P Street, Suite 900 Sacramento, CA 95814 Patricia.setter@fire.ca.gov Phone: (916) 597–5703 A VAILABILITY OF RULEMAKING DOCUMENTS The OSFM will make the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above Sacramen- to 715 P Street address.

As of the date of this notice being published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the reg- ulations, the initial statement of reasons, and support - ing information. Copies may be obtained through the contact persons at the address and/or phone number listed above A VAILABILITY OF CHANGED OR MODIFIED TEXT After holding a public hearing, if requested, and considering all timely and relevant comments re - ceived, the OSFM may adopt the proposed regulations substantially as described in this notice.

If the OSFM 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 OSFM adopts the regulations as revised. Requests for copies of any modified regulations should be directed to the contact person at the address listed above. The OSFM will ac- cept written comments on the modified regulations for 15 days after the date on which the modifications 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 Eireann Flannery at the above address and telephone number or by accessing the website listed below. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice of the Proposed Rulemaking (“NOPA”), the initial statement of reasons (“ISOR”),

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 134 the text of the proposed regulations (“TEXT”) and any other materials or documents concerning this rulemaking can be accessed through the Office of the State Fire Marshal web address at: http://osfm.fire. ca.gov/divisions/code–development–and–analysis/ title–19–development/. PLAIN ENGLISH DETERMINATION The proposed Regulations were prepared pursuant to the standard of clarity provided in Government Code

Section 11349 and the plain English require - ments of Government Code

Section 11342.580 and

Section 11346.2(a)(1). The proposed regulations were written to be easily understood by the parties that will use them. TITLE 22/MPP. DEPARTMENT OF CHILD SUPPORT SERVICES INTERGOVERNMENTAL CASES NOTICE IS HEREBY GIVEN that California Department of Child Support Services (Department) is proposing to take the action described below after considering all comments, objections, and recommen- dations regarding the proposed action. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed action.

However, the Department will hold a hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Written comments, including those sent by mail, facsimile, or e–mail to the address listed under Con- tact Persons in this Notice, must be received by the Department at its office no later than March 28, 2022, or must be received by the Department at the hearing, should one be scheduled.

When commenting, please indicate the proposed rulemaking action to which your comment refers. AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 17306, 17310, and 17312 of the Family Code (FC), and to implement, interpret or make specific sections 5206, 5216, 5246, 5604, 5700.101 et seq., and 17212 of said Code; 45 Code of Federal Regulations sections 301.1, 303.2 and 303.7; Welfare and Institutions Code

section 1147.8; Code of Civil Procedure

section 706.011(a); and 28 United States Code,

section 1738B.

SUMMARY OF EXISTING LAWS AND EFFECT OF THE PROPOSED ACTION In 2014 Congress enacted Public Law 113–183, the Preventing Sex Trafficking and Strengthening Fami - lies Act, which amended the Social Security Act to ensure access to IV–D services for international cas - es.

It also required states, as a condition of receiving federal funds, to enact the Uniform Interstate Family Support Act (UIFSA 2008) as “officially adopted as of September 30, 2008 by the National Conference of Commissioners on Uniform State Laws.” UIFSA 2008 added international provisions to be consistent with the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, a treaty the United States became a par- ty of. This treaty was ratified by the United States on August 31, 2016, and the effective date in the United States was January 1, 2017.

In 2015 the California legislature enacted Sen - ate Bill (SB) 646 (Jackson,

Chapter 493, Statutes of 2015), which repealed

Chapter 6 (commencing with

section 4900) of FC to remove codified versions of UIFSA 1996 and UIFSA 2001. SB 646 added sections 5700.101–5700.905 to the FC to codify UIFSA 2008 provisions as required by Public Law 113–183. These proposed regulations aim to conform to SB 646 (Jackson,

Chapter 493, Statutes of 2015), codified in FC sections 5700.101 et. seq., and to clarify policies for intergovernmental child support cases. Existing intergovernmental regulations are in

chapter 7, divi - sion 13, title 22 of the California Code of Regulations (CCR) and terms are defined in

chapter 1, division 13, title 22 of the CCR.

The proposed regulations do the following: define new terms and repeal terms which are already defined in governing statutes; clarify the ruling jurisdiction in intergovernmental cases; spec - ify intergovernmental forms; define requirements for long arm jurisdiction; clarify continuing, exclusive ju- risdiction determinations; define duration of support; clarify interest calculation on arrears; explain recon - ciling multiple support orders; define limited inter - governmental services; clarify general requirements, timeframes, and paternity as an initiating or respond - ing jurisdiction; define disclosure of information re - quirements; clarify direct income withholding orders; and specify registration of support orders.

These proposed regulations are necessary to imple - ment state and federal law for the administration of both the state and federal child support program.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 135 ANTICIPATED BENEFITS OF PROPOSAL This regulatory action will benefit custodial par - ties in child support cases because it will increase the collection of payments for interstate and internation - al child support cases. This will be accomplished by clarifying the requirements related to handling inter - governmental cases and to the continuing, exclusive jurisdiction of these cases. This regulatory action will increase the protection, health, and safety of families and children by clarifying disclosure requirements for intergovernmental cases.

CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the Department has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsis - tent nor incompatible with existing state and federal regulations.

UPDATED FORMS PREVIOUSLY CITED AND INCORPORATED BY REFERENCE ● Affidavit of Non–Disclosure, DCSS 0722 (Rev. 11/15/16) ● Application for Non Title IV–D Locate Services, DCSS 0073 (Rev. 09/01/05) FISCAL IMPACT ESTIMATES The Department has made the following initial determinations: Fiscal Impact on Public Agencies, Including Costs or Savings to State Agencies: None. Cost or Savings in Federal Funding to the State : None. Nondiscretionary Costs/Savings to Local Agencies : None. Mandate on Local Agencies and School Districts : None.

Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re - quire Reimbursement: None. Business Impact: The Department has made the ini- tial determination that the proposed regulatory action would have no significant statewide adverse econom - ic impact directly affecting businesses, including the ability of California businesses to compete with busi - nesses in other states. This initial determination was made based on state and federal statutes that estab - lished the child support program. The proposed regu - latory action does not have an effect on any businesses.

Cost Impact on Representative Private Person or Business: The Department is not aware of any cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Department has made an initial determina - tion that the proposed regulatory action would have no effect on small businesses. This initial determina - tion was made based on state and federal statutes that established the federal and nonfederal child support programs.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Department has determined that this regulatory proposal will not have any impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California. Benefits of Regulation These amendments will benefit the health and wel - fare of California residents, specifically, custodial par- ties of child support cases because they will increase the collection of payments for intergovernmental child support cases.

This will be accomplished by clarifying the requirements related to handling intergovernmen - tal cases and the jurisdiction of these cases. Also, this regulatory action will increase the protection, health, and safety of families and children by clarifying dis - closure requirements for intergovernmental cases. The proposed regulations will not have any effect on worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is pro - posed, would be as effective and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost–effective to af - fected private persons and equally effective in imple - menting the statutory policy or other provision of law.

The Department invites any interested persons to present statements or arguments in writing with re - spect to alternatives to the proposed regulations during

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 136 the written comment period, or if scheduled, orally and/or in writing during a requested public hearing. A VAILABILITY OF THE INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will make the entire rulemaking file available for inspection and copying throughout the rulemaking process at the Department’s office lo - cation.

As of the date this notice is published in the Notice Register, the rulemaking file consists of the Notice of Proposed Action, the proposed text of the regulations, the Initial Statement of Reasons, the STD. 399, and the supportive factual documents. Please di - rect requests to inspect or copy the rulemaking file to Susan Sirk at the information listed below in Con- tact Persons as appointments are required to visit the Department’s office. Copies of the Initial Statement of Reasons and proposed text of the regulations may also be accessed from the Department’s website at childsupport.ca.gov/regulations.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all relevant and timely comments received, the Department may adopt the proposed reg- ulations substantially as described in this notice. If the Department makes modifications which are sufficient- ly 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. Please send requests for copies of any modified regulations to the attention of Susan Sirk at the information listed below in Contact Persons.

The Department will ac - cept any written comments on the modified regula - tions for 15 days after the date on which they are made available. A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS Upon its completion, the Department will make copies of the Final Statement of Reasons available. Please direct requests for copies to Susan Sirk at the information listed below in Contact Persons or by ac- cessing the website listed below.

CONTACT PERSONS Any inquiries or comments regarding this proposed rulemaking action to amend, repeal, and adopt regu- lations for Intergovernmental Cases may be addressed to: Name: Susan Sirk Telephone: 916–464–6652 Fax: 916–464–5772 Email Address: susan.sirk@dcss.ca.gov Postal Address: Dept. of Child Support Services Policy, Program, & Statewide Training Branch MS–210 Attention: Susan Sirk P.O.

Box 419064 Rancho Cordova, CA 95741–9064 The backup contact person is: Name: Andrew Enriques Telephone: 916–464–6689 Fax: 916–464–5772 Email Address: andrew.enriques@dcss.ca.gov Postal Address: Dept. of Child Support Services Policy, Program, & Statewide Training Branch MS–210 Attention: Andrew Enriques P.O. Box 419064 Rancho Cordova, CA 95741–9064 WEBSITE ACCESS Materials regarding this proposal can be found on the Department’s website at childsupport.ca.gov/ regulations. TITLE MPP.

D EPARTMENT OF SOCIAL SERVICES ORD #0921–03 ANNUAL REDETERMINATIONS AB79 2020 California Department of Social Services (CDSS) hereby gives notice of the proposed regulatory ac - tion(

s) described below. Any person interested may present statements or arguments relating to the pro - posed regulations in writing, e–mail, or by facsimi - le to the address, e–mail address, or numbers listed below. All comments must be received by March 30, 2022. Following the close of the public notice, CDSS may thereafter adopt the proposals substantially as described below or may modify the proposals if the modifications are sufficiently related to the original

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 137 text. Except for nonsubstantive, technical, or gram - matical changes, the full text of any modified proposal will be available for 15 days prior to its adoption to all persons who submit written comments during the public comment period and all persons who request notification on this proposal. Please address requests for regulations as modified to the agency contact iden- tified below. Copies of the express terms of the proposed regu - lations and the Initial Statement of Reasons are avail - able from the office listed below.

This notice, the Ini - tial Statement of Reasons and the text of the proposed regulations are available on CDSS’ public hearing page ( http://www.cdss.ca.gov/inforesources/Letters– Regulations/Legislation–and–Regulations/CDSS– Regulation–Changes–In–Process–and–Completed– Regulations/Public–Hearing–Information ). Addition - ally, all the information which CDSS considered as the basis for these proposed regulations (i.e., rulemaking file) is available for public reading at the address listed below.

Following the public notice period, copies of the Final Statement of Reasons will also be available at the following address: CONTACT California Department of Social Services Office of Regulations Development 744 P Street, MS 8–4–192 Sacramento, CA 95814 Telephone: (916) 657–2586, Fax: (916) 654–3286 Email: ord@dss.ca.gov Contact Person: Kenneth Jennings (916) 657–2586 Backup: Oliver Chu (916) 657–2586 CDSS has not scheduled a public hearing on this proposed action.

However, CDSS will hold a public hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days before the close of the written comment period. Any request should be made to the contact information provided above. CHAPTERS Manual of Policies and Procedures (MPP) chapters 40 and 44.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The changes to the regulations as implemented by Assembly Bill (AB) 79 (Chapter 11, Statutes of 2020), Sections 36 are as follows: ● Requires CalWORKs recipients to provide infor- mation on income received during the 30 days prior to submission of the assistance unit’s (AU) annual redetermination ● Adds additional options for county welfare de - partments (CWD) to utilize when attempting to make a personal contact to remind a recipient that a completed annual redetermination is due ● Requires CWDs to attempt to collect the neces - sary information to complete the annual redeter - mination CDSS conducted a review of existing regulations and evaluated the proposed regulations for any incon- sistency or incompatibility.

The proposed regulations are neither inconsistent nor incompatible with existing state regulations but do comply with the requirements of Assembly Bill (AB) 79 (Chapter 11, Statutes of 2020), effective June 30, 2020. Benefits of This Emergency Action: There is no benefit to the health and welfare of California resi - dents, worker safety and the State’s environment. How- ever, the benefits of the proposed regulations include clarified guidance from changes brought forth by AB 79 that impact the Manual of Policies and Procedures sections 40–103, 40–181, and 44–113.

One of the in - tentions within AB 79 is to consider changes to the an- nual reporting requirements with the goal of reducing the reporting burden on recipients and reducing the workload for county eligibility staff. Additionally, the proposed regulations promote compatibility between the CalWORKs and CalFresh programs which helps minimize the potential for payment errors. Incorporation by Reference: Th e r e ar e n o d o c u- ments incorporated by reference in this action. COST ESTIMATE 1. Costs or Savings to State Agencies: None. 2.

Costs to Local Agencies or School Districts Which Must Be Reimbursed in Accordance with Government Code Sections 17500–17630: None. 3. Nondiscretionary Costs or Savings to Local Agencies: None. 4. Federal Funding to State Agencies: None. LOCAL MANDATE STATEMENT These regulations do not impose a mandate upon local agencies, nor on school districts. There are no

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 138 “state–mandated local costs” in these regulations which require state reimbursement under

Section 17500 et seq. of the Government Code because any costs associated with the implementation of these reg- ulations are costs mandated by the federal government within the meaning of

Section 17513 of the Govern - ment Code. STATEMENT OF SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS CDSS has made an initial determination that the proposed action will not have a significant, statewide adverse economic impact directly affecting business - es, including the ability of California businesses to compete with businesses in other states. This deter - mination was made based on the proposed regulatory action, which was designed to impact state and county agencies and recipients of the CalWORKs program, and would not affect businesses.

STATEMENT OF POTENTIAL COST IMPACT ON PRIVATE PERSONS OR BUSINESSES CDSS is not aware of any cost impacts that a repre- sentative private person or business would necessari - ly incur in reasonable compliance with the proposed action. This regulatory action is designed to impact only state and county agencies and recipients of the CalWORKs program, and there are no known expect- ed costs associated to private persons or businesses.

SMALL BUSINESS IMPACT STATEMENT CDSS has determined that these regulations would have no impact on small businesses because these regulations are only applicable to state and county agencies and recipients of the CalWORKs program; therefore, they do not have a cost impact on the private sector, including small businesses. STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT The adoption of the proposed amendments will nei- ther 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.

The implementation of this regulatory action will ben- efit CalWORKs applicants and recipients. There are no additional benefits for worker safety or the state’s environment, as the regulations only affect individuals receiving or applying for CalWORKs benefits. STATEMENT OF EFFECT ON HOUSING COSTS The proposed regulatory action will have no effect on housing costs. STATEMENT OF ALTERNATIVES CONSIDERED In developing the regulatory action, CDSS did not consider alternatives because regulations for Welfare and Institutions Code (WIC)

section 11265 are re - quired by AB 79, Sections 36. CDSS is legally bound to develop regulations for these WIC sections. CDSS must determine that no reasonable alterna - tive considered or that has otherwise been identified and brought to the attention of CDSS would be more effective in carrying out the purpose for which the reg- ulations are proposed or would be as effective as 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 im - plementing the statutory policy or other provision of law.

AUTHORITY AND REFERENCE CITATIONS Welfare and Institutions Code sections 10553, 10554, and 11265. EMERGENCY STATEMENT These regulations were adopted on an emergency basis, effective January 3, 2022. To allow interested persons an opportunity to submit statements or argu - ments concerning these regulations, they will be no - ticed to the public for a minimum of 45 days to allow comment in accordance with Government Code Sec - tion 11346.4.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 6-Z 139 PETITION DECISION AIR RESOURCES BOARD Sent via email and U.S. certified mail: January 26, 2022 Ruthie Lazenby Clinical Legal Fellow Environmental Justice Clinic Vermont Law School 164 Chelsea Street, P.O.

Box 96 South Royalton, VT 05068 rlazenby@vermontlaw.edu Brent Newell Senior Attorney Public Justice 475 14th Street, Suite 610 Oakland CA 94612 bnewell@publicjustice.net ferred to as AB 32. 5) Specifically, the petition requests that CARB exclude all fuels derived from biomethane from dairy and swine manure from the LCFS, or, in the alternative, to reform the LCFS treatment of those fuels to account for additional greenhouse gas (GHG) emissions. The sections of the regulation that the pe - tition requests that CARB amend are title 17, CCR, sections 95488.3 and 95488.9(f).

I want to take this opportunity to again thank the petitioners for taking the time to meet twice with me and other CARB senior management (on December 14, 2021, and also earlier this month on January 13, 2022). I also appreciate you, as a result of those meet- ings, sharing additional information for our consider - ation. I found the discussions productive and hope that they will continue through our public processes.

I wel- come continued engagement on the concerns raised in the petition as we consider the scope of potential amendments which will be discussed with all inter - ested stakeholders as part of a public pro

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2022, No. 6
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	d965ad9230893904ee0bb964180c9d8ce8d7ef9e

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