Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 40–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW OCTOBER 4, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2024–0924–04 ........................................ 1301 AMENDMENT MULTI–COUNTY: Solano County Water Agency Scholarship Prep Charter School Chaffey Joint Union High School District STATE–AGENCY: Student Aid Commission Office of the State Public Defender TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Cannabis Appellations Program — Notice File Number Z2024–0923–01 ................................... 1302 TITLE 4. HORSE RACING BOARD Claiming Option and Form — Notice File Number Z2024–0924–01 ....................................... 1302 TITLE 8. OCCUPA TIONAL SAFETY HEALTH STANDARDS BOARD Construction Safety Orders Sections 1951, 1952, 1953, 1955, 1956, and 1960 General Industry Safety Orders

Section 5156 — Notice File Number Z2024–0920–02 ....................................... 1305 TITLE 9. DEPARTMENT OF REHABILITA TION Conflict–of–Interest Code — Notice File Number Z2024–0919–01 ........................................ 1312 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Minimum Standards for Training — CPT Mitigation — Notice File Number Z2024–0920–01 ................... 1313 TITLE 13. DEPARTMENT OF MOTOR VEHICLES Federal Release Identification Cards — Notice File Number Z2024–0924–02 ............................... 1315 (Continued on next page)

TITLE 27.

CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY Conflict–of–Interest Code — Notice File Number Z2024–0920–03 ........................................ 1318 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2024–148–001–R1, South Fork Scott River Floodplain Connectivity Project, Phase IV , Siskiyou County ....................................................... 1318 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Announcement of the Carcinogen Identification Committee Meeting Scheduled for December 19, 2024; Notice of Availability of Hazard Identification Materials for Vinyl Acetate .................................. 1321 A V AILABILITY OF INDEX OF PRECEDENTIAL DECISIONS DIVISION OF LABOR STANDARDS ENFORCEMENT Notice of Availability of Precedential Decision Index ................................................... 1322

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1322 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. CALIFOR NIA R EGULATORY NOTICE R EGISTER 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 $338.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1301 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the au- thority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of–interest codes, will review the proposed/ amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Solano County Water Agency Scholarship Prep Charter School Chaffey Joint Union High School District STATE AGENCY: Student Aid Commission Office of the State Public Defender A written comment period has been established commencing on October 4, 2024, and closing on November 18, 2024.

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

If a public hearing is requested, the proposed codes will be submitted to the Commission for review. The Executive Director of the Commission will re- view the above–referenced conflict–of–interest codes, proposed pursuant to Government Code

Section 87300, which designate, pursuant to Government Code

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

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

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1302 A VAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Commission should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email bcisneros@fppc.ca.gov. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE CANNABIS APPELLATIONS PROGRAM NOTICE IS HEREBY GIVEN that the California Department of Food and Agriculture (Department), pursuant to the requirements of Government Code

section 11346.8(

c) and

section 44 of Title 1 of the California Code of Regulations, proposes to modify the text of the following proposed regulations identi- fied with double strikeout and double underline in sec- tions 9000, 9102, 9202, 9203, 9301, and 9302. The proposed changes are in response to additional review and comments received during the rulemaking public comment period that closed on July 15, 2024. A “Second Addendum to the Initial Statement of Reasons” to provide the rationale for the text as mod- ified and to clarify specified changes to the regulation text has been added to the rulemaking file pursuant to Government Code

section 11346.8(d), 11346.9(a) (1), and 11347.7. Any interested person, or his or her authorized rep- resentative, may submit written comments on the pro- posed action to the Department. All written com- ments must be received by the Department no later than Monday, October 21, 2024.

Comments may be submitted by mail or by email to: Cannabis Appellations Program California Department of Food and Agriculture Office of Environmental Farming and Innovation 1220 N Street, Sacramento, CA 95814 or Email: CannabisAg@cdfa.ca.gov All comments received by October 21, 2024, and pertaining to the indicated changes will be reviewed and responded to by the Department’s staff as part of the compilation of the final rulemaking file. Please limit your comments to the modifications to the text. TITLE 4. HORSE RACING BOARD

ARTICLE 6. ENTRIES AND DECLARATIONS RULE 1634. CLAIMING OPTION ENTRY

ARTICLE 7. CLAIMING RACES RULE 1656. ERRORS WHICH INVALIDATE CLAIM RULE 1658. VESTING OF TITLE TO CLAIMED HORSE The California Horse Racing Board (Board) pro- poses to amend the regulations described below after considering all comments, objections, and recommen- dations regarding the proposed action.

PROPOSED REGULATORY ACTION Currently, Board Rule 1634, Claiming Option Entry, allows the owner, at the time of entry into a claiming race, to declare a horse ineligible to be claimed if it has been laid off and has not started for a minimum of 180 days since its last start, and the horse is entered for a claiming price not less than the price at which it last started. The Board proposes to amend Board Rule 1634 to reduce the minimum number of days re- quired since the last start from 180 to 120.

The pro- posed amendment would also allow for ineligibility to apply to a second consecutive start following each such layoff, instead of only the first start, provided that certain conditions are met. A non–substantive, techni- cal edit would also be made. The Board proposes to amend Board Rule 1656, Errors Which Invalidate Claim, to update the reference to the claim form, CHRB–11 (REV . 8/14) Agreement to Claim, which is incorporated by reference, to reflect the latest version of the form. Also, a nonsubstantive, technical edit would be made to the title of the rule. Currently, subsection (

c) of Board Rule 1658, Vesting of Title to Claimed Horse, stipulates that the stewards shall not void a claim if the claimant elects to claim the horse regardless of whether the racing or of- ficial veterinarian determines the horse will be placed on the Veterinarian’s List as unsound or lame, and subsection (c) (1) requires that the election made under subsection (

c) be entered on the claim form, CHRB– 11 (REV . 8/14) Agreement to Claim, which is incor- porated by reference. The proposed regulatory action would amend subsection (

c) of Board Rule 1658 by in- cluding “bled” as one of the reasons for placement on the Veterinarian’s List as it pertains to subsection (c). Additionally, subsection (b) (2) (

A) of Board Rule 1658 would be amended to include the term “epistaxis,” which has the same meaning as “bled.” The proposed regulatory action would also update the reference to

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1303 the claim form in subsection (c) (1) to reflect the lat- est version of the form, which has been revised to in- clude “bled/epistaxis” for consistency with the chang- es to subsections (b) (2) (

A) and (

c) of Board Rule 1658. Non–substantive, technical edits would be made to the Board rule and claim form. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au- thorized representative, no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested persons, or their authorized repre- sentative, may submit written comments about the proposed regulatory action to the Board.

The written comment period closes on November 18, 2024. The Board must receive all comments by that time. Submit comments to: Rick Pimentel, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 274–6043 Email: repimentel@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19420, 19440, and 19562, Business and Professions Code (BPC). Reference: Sections 19408.2 and 19562, BPC.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Horseracing Integrity and Safety Authority’s (HISA) amendment to its federal regulations concern- ing claiming races went into effect on July 8, 2024. This resulted in inconsistencies between Board Rule 1634 and HISA Rule 2263, Waiver Claiming Option. It also necessitated changes to Board Rule 1658 for con- sistency with HISA Rule 2262, Void Claim, as well as to the Board’s claim form, CHRB–11 (REV . 8/14) Agreement to Claim, which is incorporated by refer- ence in Board Rules 1656 and 1658.

Currently, Board Rule 1634 allows the owner, at the time of entry into a claiming race, to declare a horse ineligible to be claimed if it has been laid off and has not started for a minimum of 180 days since its last start and the horse is entered for a claiming price not less than the price at which it last started. The pro- posed regulatory action would amend Board Rule 1634 to align with HISA Rule 2263 by reducing the mini- mum number of days required since the last start from 180 to 120.

Additionally, for consistency with HISA Rule 2263, the amendment to Board Rule 1634 would allow for ineligibility to apply to a second consecutive start following each such layoff, instead of only the first start, provided that certain conditions are met. A non–substantive, technical edit would also be made. The amendment to Board Rule 1656 would update the reference to the claim form, CHRB–11 (REV . 8/14) Agreement to Claim, to reflect the latest version of the form. A nonsubstantive, technical edit would also be made to the title of the rule. Subsection (

c) of Board Rule 1658 currently stip- ulates that the stewards shall not void a claim if the claimant elects to claim the horse regardless of wheth- er the racing or official veterinarian determines the horse will be placed on the Veterinarian’s List as un- sound or lame, and subsection (c) (1) requires that the election made under subsection (

c) be entered on the claim form, CHRB–11 (REV . 8/14) Agreement to Claim, which is incorporated by reference. The pro- posed regulatory action would amend subsection (

c) of Board Rule 1658 for consistency with subsection (

f) of HISA Rule 2262 by adding “bled” as one of the rea- sons for placement on the Veterinarian’s List as it re- lates to subsection (c). Additionally, the proposed reg- ulatory action would amend subsection (b) (2) (

A) of Board Rule 1658 to include the term “epistaxis,” which has the same meaning as “bled.” Also, the reference to the claim form, CHRB–11 (REV . 8/14) Agreement to Claim, would be updated to reflect the latest ver- sion of the form, which has been revised to include “bled/epistaxis,” for consistency with the changes to subsections (b) (2) (

A) and (

c) of Board Rule 1658. Non–substantive, technical edits would be made to the rule and the claim form. ANTICIPATED BENEFIT OF THE PROPOSED REGULATION The proposed regulatory action would provide for consistency with federal regulations. The proposed amendment to Board Rule 1634 would align the rule with HISA Rule 2263 by reducing the minimum num- ber of days required since a horse’s last start, in re- lation to declaring the horse ineligible to be claimed, from 180 to 120, and allowing for ineligibility to ap- ply to a second consecutive start, given certain condi- tions.

Additionally, the proposed amendment to Board Rule 1658 would align the rule with HISA Rule 2262 by including “bled” as one of the reasons for place- ment on the Veterinarian’s List as it relates to a claim- ant electing to claim a horse regardless of a veterinary determination. Finally, references to the claim form,

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1304 CHRB–11 (REV . 8/14) Agreement to Claim, which is incorporated by reference in Board Rules 1656 and 1658, would be updated to reflect the latest ver- sion of the form, which has been revised to include “bled/epistaxis,” consistent with the proposed chang- es to Board Rule 1658. These proposed changes, which would provide for consistency with federal reg- ulations, would help prevent confusion among horse owners and ensure their compliance with the Board’s rules.

CONSISTENCY EVALUATION Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of de- veloping the proposed regulatory action, the Board conducted a search of any similar regulations on the topic and concluded that Board Rule 1634 is the only regulation that sets the forth the conditions un- der which an owner may, at the time of entry into a claiming race, opt to declare a horse ineligible to be claimed; Board Rule 1656 is the only regulation that sets forth the types of errors made on a claim form that render a claim invalid; and Board Rule 1658 is the only regulation that governs the vesting of a title to a claim horse, sets forth the conditions under which the stewards shall void the claim, defines “bled,” stip- ulates when the stewards shall not void the claim, requires the use of the form CHRB–11 (REV . 8/14) Agreement to Claim, and specifies conditions that ren- der the claim void.

Therefore, the proposed regulato- ry action is neither inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none. Cost or savings to any state agency: none. Cost to local agencies and school districts that must be reimbursed in accordance with Government Code (GC) sections 17500 through 17630: none. Other non–discretionary cost or savings imposed upon local agencies: none. Cost or savings in federal funding to the state: none.

The Board has made an initial determination that the proposed regulatory action will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California business- es to compete with businesses in other states.

The pro- posed regulatory action would reduce the minimum number of days required since a horse’s last start, in relation to declaring the horse ineligible to be claimed, from 180 to 120 and allow for ineligibility to apply to a second consecutive start, given certain conditions; include “bled” as one of the reasons for placement on the Veterinarian’s List as it relates to a claimant elect- ing to claim a horse regardless of a veterinary deter- mination; update references to the claim form, which has been revised to include “bled/epistaxis” with- in the context of the previous provision; and make non–substantive, technical edits.

The following studies/relevant data were relied upon in making the above determination: none. Cost impact on representative private persons or businesses: none. The Board 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. Significant effect on housing costs: none.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS The adoption of the proposed regulatory action will not create or eliminate jobs within the state, will not create new businesses or eliminate existing business- es within the state, will not result in the expansion of businesses currently doing business with the state, and is not expected to affect worker safety or the state’s environment. However, the proposed regulation will benefit the health and welfare of California residents.

As stated above under ANTICIPATED BENEFIT OF THE PROPOSED REGULATION, the proposed regulation would provide for consistency with federal regulations, help prevent confusion among horse own- ers, and ensure compliance with the Board’s rules. Effect on small business: none. The proposed reg- ulatory action does not affect small business because small businesses are not legally required to comply with or enforce the regulation and neither derive a benefit nor incur a detriment from the enforcement of the regulation.

The proposed regulatory action would reduce the minimum number of days required since a horse’s last start, in relation to declaring the horse ineligible to be claimed, from 180 to 120 and allow for ineligibility to apply to a second consecutive start, given certain conditions; include “bled” as one of the reasons for placement on the Veterinarian’s List as it relates to a claimant electing to claim a horse regard - less of a veterinary determination; update references to the claim form, which has been revised to include “bled/epistaxis” within the context of the previous provision; and make nonsubstantive, technical edits.

CONSIDERATION OF ALTERNATIVES In accordance with GC

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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1305 the Board would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private per- sons than the proposed action, or would be more cost effective to affected private persons and equally effec- tive in implementing the statutory policy or other pro- vision of law. The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

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

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

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

The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available. A VAILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of rea- sons, which will be made available after the Board has adopted the proposed regulation in its current or modified form, should be sent to the attention of Rick Pimentel at the address stated above. BOARD WEB ACCESS The Board will have the entire r ulemaking file avail- able for inspection throughout the rulemaking process at its website.

The rulemaking file consists of this no- tice, the proposed text of the regulation, and the initial statement of reasons. The Board’s website address is www.chrb.ca.gov. TITLE 8. OCCUPATIONAL SAFETY HEALTH STANDARDS BOARD CONSTRUCTION SAFETY ORDERS SECTIONS 1951, 1952, 1953, 1955, 1956, A N D 1960 GENERAL INDUSTRY SAFETY ORDERS

SECTION 5156 CONFINED SPACES IN CONSTRUCTION CLEAN–UP NOTICE IS HEREBY GIVEN that the Occupational Safety and Health Standards Board (Board) propos- es to adopt, amend or repeal the foregoing provisions of title 8 of the California Code of Regulations in the manner described in the Informative Digest, below. PUBLIC HEARING The Board will hold a public hearing starting at 10:00 a.m. on November 21, 2024, in the Auditorium of the Ronald Reagan State Building, 300 South Spring Street, Los Angeles, California as well as via the following:

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1306 ● Video–conference at www . webex.com (meeting ID 1469 63 6425) ● Teleconference at (844) 992–4726 (Access code 1469 63 6425) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At this public hearing, any person may present state- ments or arguments orally or in writing relevant to the proposed action described in the Informative Digest.

WRITTEN COMMENT PERIOD In addition to written or oral comments submitted at the public hearing, written comments may also be submitted to the Board’s office. The written comment period commences on October 4, 2024, and closes at 5:00 p.m. on November 21, 2024. Comments re - ceived after that deadline will not be considered by the Board unless the Board announces an extension of time in which to submit written comments.

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

section 142.3 establishes the Board as the only agency in the State authorized to adopt oc- cupational safety and health standards. In addition, LC

section 142.3 requires the adoption of occupation- al safety and health standards that are at least as ef- fective as federal occupational safety and health stan- dards. These proposed regulations will implement, in- terpret and make specific LC

section 142.3. INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW On November 19, 2015, the Board adopted the Federal Confined Spaces in Construction standard (Subpart AA) as sections 1950–1962 Confined Spaces in Construction (article 37), in title 8 of the California Code of Regulations. During the rulemaking process, stakeholders and members of the Board raised con- cerns regarding the concurrent applicability of sec- tion 5158, Other Confined Space Operations, which is made applicable to the construction operations through

section 5156(b) (2) (A), with the Confined Spaces in Construction standard. Additional stakeholder con- cerns were directed at the clarity of certain provisions within

article 37. The Division of Occupational Safety and Health (Cal/OSHA) expressed concerns that re- moving protections, found within

section 5158, for construction operations would undermine the safety of construction trade employees working in and near confined spaces. In response to the concerns raised by the Board, Cal/OSHA, and other stakeholders, an advisory com- mittee was convened September 6, 2017. The com- mittee discussed the provisions within

section 5158 which should be retained and incorporated within the Confined Spaces in Construction standard and which would allow for the repeal of

section 5156(b) (2) (

A) without diminishing worker protections. Additionally, the committee discussed and reached consensus re - garding additional clarifying amendments to the Confined Spaces in Construction standard. The pro- posal includes provisions resulting from the commit- tee consensus recommendations and technical clarify- ing amendments identified after the advisory commit- tee proceedings. The Board evaluated the proposed regula- tions pursuant to Government Code (GC)

section 11346.5(a) (3) (

D) and has determined that the regula- tions are not inconsistent or incompatible with exist- ing state regulations. This proposal is part of a sys- tem of occupational safety and health regulations. The consistency and compatibility of that system’s compo- nent regulations is provided by such requirements as: (1) the requirement of the federal government and the LC that the State regulations be at least as effective as their federal counterparts, and (2) the requirement that all state occupational safety and health rulemaking be channeled through a single entity (the Standards Board).

While many provisions federal standards found in 29 CFR 1926.1200 et seq. (Subpart AA) remain un- changed within the proposal, certain provisions result- ing from committee consensus recommendations en- hance clarity of employers’ existing obligations, re- move the concurrent applicability of

section 5158, and preserve worker protections currently afforded under the same. Such provisions include clearer rescue pro- visions originally found in

section 5158, amendments which clarify the

definitions of “entry employer,” and a clarification that ensures confined spaces created as a result of construction operations are identified and evaluated. Other than the changes included in this rulemaking proposal, the existing rule will continue to mirror the federal standard. Anticipated Benefits Employers performing construction confined space operations will no longer be required to comply with the provisions of

section 5158 Other Confined Space Operations. Rather the proposed changes to exist - ing

article 37 incorporate the safeguards under sec- tion 5158 and enhance clarity. The proposed amend - ments serve to distinguish regulations which are ap- plicable to general industry employers (sections 5156–

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1307 5158) from those applicable to construction employers (sections 1951–1960). This regulatory action, aimed at improving safe work practices for construction con- fined space operations, will elevate the competence of employees through comprehensive training. This will ensure that the safest work procedures are con- sistently followed, from the project’s planning stages to completion. As a result, this rulemaking proposal will significantly benefit health and safety, and work- ers’ safety. The specific changes are as follows:

Section 1951.

Definitions. Currently, there are 44 terms defined within this section. The advisory committee consensus was to clarify four of the existing

definitions (entry employ- er, hazardous atmosphere, lockout and tagout) and in- corporate a term (minimum explosive concentration) used in the definition of “hazardous atmosphere” and proposed for inclusion from

section 5158(b) (2) (

B) but not defined. The effect of these clarifications will be to enhance clarity, incorporate terms from existing regu- lations, and eliminate concurrent applicability of sec- tion 5158. “Entry employer” The existing definition defines an entry employer as one that decides that an employee it directs will enter a permit space. This definition was amended to sim- plify and increase clarity.

Under the proposed change, it is made clear that employers whose employees enter or will enter permit–required confined spaces (permit spaces) are “entry employers.” The effect of this clar- ification is to classify any employer whose employee enters a permit space as an entry employer. Under this change, employers may only avoid being classified as entry employers by preventing the entry of employees into permit spaces. The amendment also deletes, for clarity, the “NOTE” which addresses an employer’s “refusal to decide” as an implicit decision to allow employees to enter.

The effect of this modification is greater clarity due to the deletion of a note that is no longer necessary due to the removal of the decision element from the definition of “entry employer.” “Hazardous atmosphere” The existing definition describes the concentration quantified as a percentage of the lower flammable lim- it (LFL) for flammable gas, vapor and mists which would constitute a hazardous atmosphere. Similarly, the definition sets forth concentrations at which air- borne combustible dusts would constitute a hazardous atmosphere.

The amended definition incorporates the airborne combustible particulate concentration found in

section 5158(b) (2) (B). The current definition estab- lishes a threshold of airborne combustible dust con- centration as one that “meets or exceeds its LFL ” rath- er than the more protective “exceeds 20 percent of the minimum explosive concentration (MEC).” The effect of this modification is to ensure employers adhere to the same thresholds set by

section 5158(b) (2) (

B) when assessing a hazardous atmosphere for combustible particulates and to permit Cal/OSHA to exempt con- struction employers from

section 5158 for clarity sake without diminishing worker protections. The NOTE to subsection (2) of “hazardous atmo- sphere” is deleted as it is no longer consistent with the definition of hazardous atmosphere as currently pro- posed.

The effect of this modification is greater clarity due to the deletion of a note no longer consistent with the changes proposed under subsection (2) of the defi- nition of “hazardous atmosphere.” Additionally, subsection (4) of the “hazardous atmo- sphere” definition is amended to include the phrase, “and which could result in employee exposure in ex- cess of its dose or permissible exposure limit” which was originally omitted.

The effect of this modifica- tion is to clarify that the atmospheric concentration of substances described in subsection (4) would meet the criteria of a “hazardous atmosphere” if they result in employee exposure in excess of its dose or permissi- ble exposure limit. Under the proposed amendment, a concentration above the permissible exposure limit for a substance would define a hazardous atmosphere. Permissible exposure limits are found in Table AC–1, Appendix to

section 5155. “Lockout” The existing definition is amended to replace “es- tablished” procedure with an “effective” procedure. Under the proposed change, the efficacy of procedures used will ensure that “lockout” has been achieved. The effect of this clarification is to ensure that the en- ergy isolating device and the equipment being con- trolled cannot be operated until the lockout device is removed. Lower flammable limit is modified to include the acronyms “LFL ” and “LEL.” The proposed change is a technical clarifying amendment. The effect of this modification is to ensure the acronyms LFL and LEL, where used in

article 37, are explicitly construed as lower flammable limit and lower explosive limit (LEL). “Minimum explosive concentration” Minimum explosive concentration is not currently defined. The term is incorporated from

section 5158 Other Confined Space Operations and is used to de- scribe concentrations of combustible particulates which present a danger in the context of hazardous at- mosphere. The effect of this provision is “minimum explosive concentration” would be defined as above within the context of “hazardous atmosphere” where used in

article 37.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1308 “Tagout” The existing definition is amended to replace “es- tablished” with “effective,” to ensure that, and con- sistent with the existing requirement, the circuit or equipment being controlled may not be operated until the tagout device is removed. The effect of this clarifi- cation is to ensure that the circuit or equipment being controlled may not be operated until the tagout device is removed. Under the proposed change, the efficacy of procedures used will be, by definition, as an addi- tional criteria to delineate whether “tagout” has been achieved. Additionally, subsection (

B) was grammati- cally corrected to delete “that” as its usage is a dupli- cation of subsection (2).

Section 1952. General Requirements. This

section contains general requirements for con- fined space operations.

Its scope includes the identifi- cation of confined spaces; the subset of which are per- mit spaces, the demarcation of permit spaces through signage and other notification requirements; require- ments to prohibit unauthorized entry into permit spac- es; the requirement for a permit space program; alter- nate entry procedures for permit spaces; the reclassi- fication of a non–permit–required space to a permit space; communication between employers on a con- struction site where permit space entry is performed; and assignment of the role of “controlling contractor” in the absence of an identifiable “controlling contrac- tor.” Amendments are proposed for this

section to en- hance clarity, reformat existing requirements and in- corporate safeguards currently required by

section 5158. Existing

section 1952(

a) has been reformatted to en- hance clarity and separate each listed requirement into four individual subsections. (See new sections 1952(

a) and 1952(a) (1–4) below.) The effect of this modifica- tion is to preserve existing safeguards and ensure em- ployers will have greater clarity of the provisions orig- inally grouped under

section 1952(

a) when separated into the four subsections to follow. New

section 1952(

a) titled “Identification of con- fined spaces and evaluation of permit–required con- fined spaces.” This title has no regulatory effect. Under the requirements of subsection (a) (1), each work area would be surveyed by a competent person to identify confined spaces at the time work begins. The effect of this modification will be to enhance the clarity of existing safeguard provisions by ensuring employers make certain a competent person inspects their work area to identify existing confined spaces.

Subsection (a) (2) requires periodic inspections to identify new confined spaces that are created as a re- sult of construction at the worksite. The effect of this modification is to affirm the employer duty to identi- fy new and previously unrecognized confined spac- es by having a competent person periodically inspect their worksite. Subsection (a) (3) requires employers to notify their employees and the controlling contractor of newly dis- covered or created confined spaces as a result of con- struction or demolition activity.

The effect of this pro- posal is to ensure employers communicate to their em- ployees and the controlling contractor that a new con- fined space has been encountered. The duties parallel that of

section 1952(b) (2) that require the employer to notify the controlling contractor of permit spaces. Subsection (a) (4) utilizes the provisions found in the existing subsection (

a) which requires the evaluation of the confined spaces and where appropriate, clas- sification of such confined spaces as permit spaces. This provision is a relocation from the existing

section 1952(a). The effect of this proposal is to maintain ex- isting provisions for the evaluation of confined spac- es and classify those spaces as permit spaces where appropriate. Subsection (

d) is amended to replace the phrase “If any employer decides that employees it directs will enter a permit space, that employer” with the clear- ly defined term “entry employers.” The effect of this proposal is to make clear that entry employers are re- quired to have a written confined space program and to align this rule with the new definition of “entry employer.” Subsection (e) (2) (

C) proposes a technical clarify- ing amendment that includes provisions for the use of multi–gas meters that concurrently monitor multiple airborne hazards. The change allows the use of multi– gas meters provided the order the readings are exam- ined is preserved. The effect of this clarification is to remove ambiguity that multi–gas meters may be used, subject to the order of testing prescribed in existing

section 1952(e) (2) (C).

Section 1953. Permit–Required Confined Space Program. This

section contains requirements entry employ- ers must incorporate into a permit–required confined space program. Existing subsection (

a) is amended to clarify that the permit space program must be in writing for consis- tency with existing

section 1952(

d) and the amended definition of “entry employer.” The effect of this pro- posal is to incorporate and preserve safeguards cur- rently required under

section 5158(

c) and clarify that the procedures necessary for the safe entry into per- mit spaces must be in writing as required by

section 1952(d). The existing NOTE after subsection (

d) has been re- written and proposed as subsections (a) (3) (D) (1) (a–

c) to be enforceable and therefore at least as effective as the federal regulation. In situations where the em- ployer is incapable of reducing the airborne concentra-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1309 tion of flammable gas es/vapors to sa fe le vels (1 0 pe r- cent o f t he L FL o r l ower), e ntry e mployers m ay i nert 1 the confined spa ce as an al ternative be fore pro ceed- ing with entry in to a pe rmit spa ce. Pe rmit spa ce en try under such case s wi ll be pe rformed wh ere th e at mo- sphere within th e pe rmit spa ce is re ndered in ert (b y introducing an in ert gas in to th e pe rmit spa ce, th ereby displacing oxygen) pro vided pro tective me asures su ch as respiratory pro tection ar e pro vided an d al l ph ysical hazards are eliminated or isolated. Subsections (a ) (3) (D) (1) (a–

c) ar e th e th ree co ndi- tions which en try em ployers mu st co mply (u nder th e exception) to pe rform wo rk in at mospheres th at ar e greater than 10 percent of the LFL. Subsection (a ) (3) (D) (1) (

a) re quires a pe rmit spa ce be rendered in ert fo r th e du ration of th e en try. Th e ef- fect of this am endment is to re quire en try em ployers take steps to en sure th e at mosphere wi thin th e spa ce is rendered inert and eliminate or control atmospher - ic hazards. Subsection (a) (3) (D) (1) (

b) re quires en try em ployers provide employees wo rking in a co nfined spa ce wh ere an inert atmosphere is ma intained, wi th a so urce of breathable air in an ot herwise im mediately da ngerous to life and he alth at mosphere. Th e eff ect of th is pro- posal is to ma ke cl ear em ployers ar e re quired to pro- tect employees agai nst at mospheric ha zards by pro- viding respiratory pro tection in ac cordance wi th sec- tion 5144(d) (2). Subsection (a ) (3) (D) (1) (

c) re quires th e en try em- ployer to eliminate or iso late al l ph ysical ha zards wi th- in the permit spa ce th at ma y pose a ris k to em ployees or impair their abi lity to sa fely en ter or ex it th e pe r- mit space. The eff ect of th is pro posal is to ma ke cl ear employers are re quired to pro tect em ployees agai nst physical hazards present within the permit space. Minor grammatical and editorial amendments are proposed for subs ections (a ) (3) (

G) an d (H ), wh ich include deleting “a nd” an d re placing a pe riod wi th a semicolon. Th ese ar e no n–substantive fo rmatting amendments and will have no regulatory effect. New subsection (a ) (3) (

I) pro hibits th e use of so urc- es of ignition wi thin pe rmit spa ces wh ere th e co ndi- tions w ithin t he s pace a re s usceptible t o fi re o r e xplo- sion. The effect of th e ch ange is to ret ain th e pro hibi- tion found in sec tion 51 58(d) (8), wh ich wo uld ot her- wise no longer be ap plicable gi ven th e pro posed re peal of

section 5156(b) (2) (A). New subsection (a ) (3) (

J) re quires th e su rveillance of surrounding ar eas to det ect th e po tential of dr ift- ing airborne ha zards fro m ta nks, pi ping an d sew- ers. The effect of th e ch ange is to ret ain th e re quire- 1 Inerting means d isplacing t he a tmosphere i n a p ermit s pace b y a noncombustible ga s (s uch as ni trogen) to su ch an ex tent th at th e resulting atmosphere is noncombustible. ments for monitoring co nnected spa ces fo und in sec- tion 5158(c) (1) (B), wh ich wo uld ot herwise no lo nger be applicable gi ven th e pro posed re peal of sec tion 5156(b) (2) (A). Subsection (a ) (5) (

C) sp ecifies th e re quirements to test for hazardous at mospheres in pe rmit spa ces. Th e proposed amendment is a te chnical cl arifying am end- ment that includes pro visions fo r th e use of mu lti–gas meters that co ncurrently mo nitor mu ltiple ai rborne hazards. The ch ange al lows th e use of mu lti–gas me- ters provided th e or der th e re adings ar e ex amined is preserved. Th e eff ect of th is pro posal is to re move am- biguity that mu lti–gas met ers ma y be use d, sub ject to the order of te sting pr escribed in ex isting sec tion 1953(a) (5) (C). Existing

section (a ) (9) ha s be en re formatted to en- hance clarity an d sepa rate ea ch lis ted re quirement in to four individual subsections. Subsection (a) (9) am ends th e un defined te rm “e mer- gency services” to “e mergency me dical ser vices” fo r clarity. The te rm “e mergency me dical ser vices” is used in

section 15 12(e), defi ned in sec tion 15 04 an d clarifies for en try em ployers th e em ergency me dical service provisions re quired. Th e pro posed am endment to new subsections (a ) (9) (A–

D) sepa rates th e or igi- nal subsection in to sec ond ti er subs ections fo r cl arity. The phrase “f or pro viding ne cessary em ergency ser- vices” is replaced wi th “o btaining em ergency me di- cal services” as sp ecified un der sec tion 15 12(

e) fo r re s- cued employees. Ad ditional no n–substantive am end- ments were ad ded fo r fo rmatting pu rposes. Th e eff ect of these modifications is to en hance cl arity an d to de- lineate four sp ecific pro cedures to pro vide re scue ser- vices and emergency [medical] services.

Section 1955. En try Permit. This

section co ntains a lis t of in formation re quired to be documented an d re corded on an “e ntry pe rmit” prepared by th e en try sup ervisor be fore en try. Th e en- try permit is re quired du ring al l pe rmit spa ce en tries and serves as a re cord to me morialize re levant en try information su ch as pe rsons in volved, ha zards en- countered and pro tective me asures im plemented. Th e entry permits ar e ret ained by th e en try em ployer an d reviewed annually as required under

section 1954(f). The proposed am endment to subs ection (a ) (12) re- places the un defined te rm “e mergency ser vices” to “emergency me dical ser vices” fo r cl arity. Th e te rm “emergency me dical ser vices” is use d in sec tion 1512(e), defined in sec tion 15 04, an d cl arifies fo r en- try employers th e em ergency me dical ser vice pro vi- sions required. Th e eff ect of th is pro posal is em ployers would identify in th eir pe rmit spa ce en try pe rmit th e means to summon em ergency me dical ser vices an d rescue services.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1310

Section 1956. Training. This

section contains the training requirements for permit–required confined space operations. The proposed amendment separates the original subsection (

a) into a subsection and second tier sub-

section for clarity. Subsection (

a) retains the existing requirements for training to be provided at no cost to the employee and ensures employee competence. The effect of this proposal is that existing goals for training employees are further delineated for employers. The new subsections (a) (1) and (2) relocate the pro- visions of subsection (a), which requires the training provided result in the understanding of the hazards in the permit space, measures employees may use to pro- tect themselves, and prohibitions regarding unautho- rized entry into permit spaces for the purpose of res- cue.

The amendment adds requirements for the train- ing to result in the understanding of the written pro- cedures. The proposed amendment ensures that the training provided to employees include an under- standing of the procedures contained within the per- mit space program. The effect of this proposal will re- quire that the training employers provide result in em- ployees understanding the provisions of the written procedures, the hazards in the permit space, the meth- ods used to isolate or control these hazards and the dangers of attempting unauthorized rescues.

Section 1960. Rescue and Emergency Services. This

section currently contains the rescue and emer- gency services requirements needed during permit– required confined space entry and rescue. The ti- tle has been amended to “Permit Space Rescue and Emergency Medical Services” for clarity. The pro- posed change to the title has no regulatory effect. New subsection (

a) adds a provision for the en- try employer to ensure rescue services at the site are trained, immediately available, and equipped to re- spond to emergencies that may affect employees who enter the permit space. The change preserves the re- quirements for onsite rescue from

section 5158, which would otherwise no longer be applicable given the proposed repeal of

section 5156(b) (2) (A). The effect of this modification is to preserve existing safeguards and make clear the employer duty to provide rescue and emergency medical services. The original subsection (

a) has been re–lettered as subsection (

b) and deletes “emergency services” for clarity while retaining “rescue services.” The effect of this proposal is to ensure employers designating res - cue services provide provisions under re–lettered sec- tion 1960(b)–(d). The original note to subsection 1960(a) (1) has been re–lettered to note to subsection 1960(b) (1). This is a non–substantive formatting amendment. The original subsection (

b) has been re–lettered as subsection (

c) and replaces the undefined term “emer- gency services” with “emergency medical services” for clarity. Emergency medical services is defined in

section 1504 and used in

section 1512(e), which clari- fies what emergency medical service provisions would need to be made by entry employers. The effect of this proposal is employers who have been designat- ed to provide emergency medical services must com- ply with the provisions stated in existing, re–lettered

section 1960(c). Existing subsections (

c) and (

d) are re–lettered as

section 1960(

d) and (e), respectively. These are non– substantive formatting amendments.

Section 5156. Scope, Application and

Definitions. This

section contains the scope, application and

definitions for the General Industry Confined Spaces standard. The proposed repeal of subsection (b) (2) (

A) elim- inates the requirement for construction–related con- fined space operations to comply with

section 5158, Other Confined Space Operations. The result of the repeal requires construction confined space opera- tions to comply with Construction Safety Orders, ar- ticle 37, sections 1950–1962 rather than both

section 5158 and sections 1950–1962 concurrently. The effect of this proposal is those operations referenced in sec- tion 1950 no longer must comply with

section 5158 concurrently. For this reason, relevant portions of sec- tion 5158 have been added to

article 37, as discussed above. Subsections (

A) through (

E) are non–substantive formatting amendments. A “note” is added for clarity to direct construction employers to

article 37. The effect of this proposal is that employers would be directed to

article 37 for con- fined space operations when performing construction confined space operations. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on Local Agencies or School Districts: None. Cost or Savings to State Agencies: None. Cost to Any Local Government or School District Which Must be Reimbursed in Accordance with Government Code Sections 17500 through 17630: None. Other Nondiscretionary Cost or Savings Imposed on Local Agencies: None. Cost or Savings in Federal Funding to the State: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1311 Cost Impact on a Representative Private Person or Business: Board staff has esti mated the cost to a typi cal busi- ness in California to be approximately $300.00 2.

Statewide Adverse Economic Impact Directly Affecting Businesses and Individuals: Including the Ability of California Businesses to Compete: The Board has made an init ial deter mination that this proposal will not resu lt in a sign ificant, stat ewide adverse economic impa ct directl y affect ing busi ness- es/individuals, incl uding the abili ty of Cali fornia busi- nesses to compete with businesses in other states. This rulemaking acti on impro ves and stre amlines federal regulations that have alre ady been adop ted from federal OSHA requ irements.

Cali fornia, when adopting federal regu lations, must promu lgate stan- dards of equal or grea ter prote ction to empl oyees. Construction proje cts that are impac ted exist with- in the boundaries of Cali fornia and ther efore con- fer no competitive adva ntage to busi nesses outs ide of California. Significant Effect on Housing Costs: None. SMALL BUSINESS DET ERMINATION The Board has deter mined that the propose d amen d- ments may affec t smal l busi nesses. Howe ver, the eco- nomic impact is not anti cipated to be sign ificant. The amendments requ ire no addi tional equi pment or in- vestment.

The amen dments requ ire mino r chan ges to existing training and progr ams whic h serve to sim- plify the information conv eyed to empl oyers and em- ployees. The costs asso ciated with meeti ng thes e re- quirements are: 1. Update of exist ing writ ten progr am to remo ve references to secti on 5158 and updat e term inol- ogy (Entry Empl oyers Only ). This cost does not repeat, $121,000 3 2. Informing supervisors and empl oyees of updat es to the standard. This cost does not repe at., $1.4 million 4 and 3.

Clarification of the resp onsibility to seek and identify all confi ned space s, incl uding newl y cre- ated and discovered, and info rm empl oyees and supervisors about thes e confi ned space s, no addi- tional costs expected.

The amendments remo ve non– substantive requ ire- ments which empl oyers woul d be requ ired to anal yze as part of their regulatory compliance schema. 2 $263.08 3 $121,371 4 $1,433,451 RESULTS OF THE ECO NOMIC IMP ACT ASSESSMENT/ANALYSIS This rulemaking acti on will not have any effec t on the creation or elim ination of Cali fornia jobs or the creation of new busi nesses or the elim ination of ex- isting California busi nesses or affec t the expan sion of existing Cali fornia busi nesses. The propos al con- solidates existing provis ions (from secti on 5158 ) and amends other less clea r, exist ing provis ions.

No new industries or posit ions are crea ted from the chan g- es and all tasks are based with in the boun daries of California. Ther efore, ther e is no net effec t on jobs or businesses within California. BENEFITS OF THE PRO POSED ACT ION The regulation may redu ce workp lace deat hs and serious injuries, incr easing workp lace safet y and less- ening health care costs to employers and the state. As a result, this propose d regu latory acti on will benefi t health and welf are of Cali fornia resi dents and worke r safety. This propose d regu latory acti on will not affec t the environment.

CONSIDERATION OF ALTERNATIVES In accordance with GC secti on 1134 6.5(a) (13), the Board must deter mine that no reas onable alte rnative it considered to the regu lation or that has othe rwise been identified and broug ht to its atte ntion woul d eith er be more effective in carry ing out the purp ose for whic h the action is propose d or woul d be as effec tive and less burdensome to affec ted priv ate pers ons than the pro- posed action or wou ld be mor e cos t–effective to affe ct- ed private persons and equ ally effe ctive in imp lement- ing the statutory poli cy or othe r provis ion of law than the proposal described in this Notice.

The Board invi tes inte rested pers ons to pres ent statements or argu ments with resp ect to alte rnatives to the proposed regu lation at the sche duled publi c hear- ing or during the written comment period. CONTACT PERSONS Inquiries regarding this propose d regu latory acti on may be directed to Aut umn Gon zalez (Ch ief Cou nsel) or the back–up cont act pers on, Amal ia Neid hardt (Principal Safety Engi neer) at the Occupa tional Safet y and Health Stan dards Boar d, 2520 Vent ure Oaks Way, Suite 350, Sacramento, CA 95833; (916) 274–5721.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1312 A VAILABILITY OF STATEMENT OF REASONS, TEXT OF THE PROPOSED REGULATIONS AND RULEMAKING FILE The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process BY APPOINTMENT Monday through Friday, from 8:00 a.m. to 4:30 p.m., at the Board’s office at 2520 Venture Oaks Way, Suite 350, Sacramento, California 95833. Appointments can be scheduled via email at oshsb@dir.ca.gov or by call- ing (916) 274–5721.

As of the date this Notice of Proposed Action is published in the Notice Register, the rulemaking file consists of this Notice, the pro- posed text of the regulations, the Initial Statement of Reasons, supporting documents, or other information upon which the rulemaking is based. Copies may be obtained by contacting Autumn Gonzalez or Amalia Neidhardt at the address or telephone number listed above. A VAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this Notice.

If the Board makes modifications suffi- ciently related to the originally proposed text, it will make the modified text (with the changes clearly in- dicated) available to the public at least 15 days before the Board adopts the regulations as revised. Please re- quest copies of any modified regulations by contacting Autumn Gonzalez or Amalia Neidhardt at the address or telephone number listed above. The Board will ac- cept written comments on the modified regulations for at least 15 days after the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Autumn Gonzalez or Amalia Neidhardt at the address or tele - phone number listed above or via the Board’s website at http://www.dir.ca.gov/oshsb. A VAILABILITY OF DOCUMENTS ON THE INTERNET The Board will have rulemaking documents avail- able for inspection throughout the rulemaking process on its web site.

Copies of the text of the regulations in an underline/strikeout format, the Notice of Proposed Action and the Initial Statement of Reasons can be ac- cessed through the Standards Board’s website at http:// www.dir.ca.gov/oshsb. TITLE 9. DEPARTMENT OF REHABILITATION NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Department of Rehabilitation (DOR), pursuant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commenc- ing on October 4, 2024, and closing on November 19, 2024. All inquiries should be directed to the contact listed below. The DOR proposes to amend its conflict–of–interest code to include employee posi- tions that involve the making or participation in the making of decisions that may foreseeably have a mate- rial effect on any financial interest, as set forth in sub- division (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less bur- densome to affected persons. Changes to the conflict–of–interest code include the addition and deletions of positions throughout the de- partment since the last amendment to the code and also makes other technical changes. Information on the code amendment is available on the agency’s intranet site and attached to this email. Any interested person may submit written com- ments relating to the proposed amendments by sub- mitting them no later than November 19, 2024 .

No public hearing is scheduled. The DOR has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1313 be directed to: Michele Welz, Office of Legal Affairs and Regulation, Michele.Welz@dor.ca.gov. REASONABLE ACCOMMODATION STATEMENT The DOR shall provide, upon request, a narra- tive description of the proposed changes included in the proposed action, in the manner provided by Government Code

Section 11346.6, to accommodate a person with a visual or other disability for which ef- fective communication is required under state or fed- eral law. Providing the description of proposed chang- es may require extending the period of public com- ment for the proposed action for the requesting par- ty. If you need assistance, please reach out to Michele. Welz@dor.ca.gov. TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING (POST) COMMISSION REGULATION 1005 — MINIMUM STANDARDS FOR TRAINING — CPT MITIGATION Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described be- low in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC) sec- tion 11346.8, any interested person, or their duly au- thorized representative, may request a public hearing.

POST must receive the written request no later than 15 days prior to the close of the public comment period. Public Comments Due by November 18, 2024. Notice is also given that any interested person, or authorized representative, may submit written com- ment(

s) relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Kristoffer Gerolaga, kristoffer.gerolaga@post.ca.gov or by letter to: Commission on POST Attention: Kristoffer Gerolaga 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

section 13503 (authority of POST), PC § 13506 (POST authority to adopt regu- lations). This proposal is intended to interpret, imple- ment, and make specific PC § 13503(e), which autho- rizes POST to develop and implement programs to in- crease the effectiveness of law enforcement, including programs involving training and education courses.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Commission Regulation 1005 requires that every peace officer (other than a Level III Reserve Peace Officer), every Public Safety Dispatcher, and every Public Safety Dispatch Supervisor shall satisfactorily complete the Continuing Professional Training (CPT) requirement of 24 or more hours of POST–qualifying training during every two–year CPT cycle, based on the statewide CPT Anniversary Date as specified in Subsection 1005(d) (2), which runs from January 01 of odd years through December 31 of even years.

CPT is training that exceeds the requirements to meet or requalify in entry–level minimum standards. It is required for certain peace officer and dispatch per- sonnel employed by POST participating departments to maintain, update, expand, and/or enhance an indi- vidual’s knowledge or skills. This includes the train- ing required for the Perishable Skills Program.

This rulemaking action clarifies and makes specific the processes in which POST will work with depart- ments to address impacted individuals who are unable to complete CPT training due to qualifying mitigating factors, defining those qualifying mitigating factors, and how this information will be reported.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend- ments to the regulation will allow departments to ac- count for impacted individuals in their CPT compli- ance numbers/percentages while providing a complete story for the public reporting, which will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California.

The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex- isting regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state. FORMS INCORPORATED BY REFERENCE There are no forms incorporated by reference in this proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1314 DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with GC §§ 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None.

Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. Significant, statewide adverse economic impact di- rectly affecting California businesses: POST has de- termined that the proposed regulations will not have a significant, statewide adverse economic impact di- rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None.

Small Business Determination: POST has deter- mined that the proposed regulations will not affect small businesses because the regulations only affect state agencies that are adopting, amending or repeal- ing regulations. Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses.

RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create or eliminate jobs in the state of California, (2) unlikely that the proposal will create or eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.

Benefits of the Proposed Action: As stated above un- der the Informative Digest/Policy Statement Overview, the benefits of the regulation will increase the efficien- cy of the state of California in delivering services to stakeholders by providing a means for departments to report impacted individuals who are unable to com- plete CPT training due to qualifying mitigated fac- tors, providing a completed picture of their compli- ance and better transparency. Thus, the law enforce- ment standards are maintained and effective in pre- serving peace, protection of public health, safety, and welfare in California.

There would be no impact that would affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with GC § 11346.5, subdivision (a) (13), POST must determine that no reasonable al- ternative it considered, or that has otherwise identi- fied and brought to its attention, would be more effec- tive in carrying out the purpose for which the action is proposed, or would be as effective as and less burden- some to affected private persons than the proposed ac- tion, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law than the pro- posed action.

CONTACT PERSONS Questions regarding this proposed regulato- ry action may be directed to Kristoffer Gerolaga, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630, at (916) 227– 4859. General questions regarding the regulatory pro- cess may be directed to Ashley Anderson at (916) 970–463 5.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu- lations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630. These documents are also lo- cated on the POST Website at https://post.ca.gov/ Regulatory–Actions.

ADOPTION OF PROPOSED REGULATIONS/ A VAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commission may adopt the proposal substantially as set forth without further notice, or the Commission may modify the proposal if such modifications re- main sufficiently related to the text as described in the Informative Digest.

If the Commission makes chang- es to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availabil- ity of such changes. A request for the modified text should be addressed to the agency official designat-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1315 ed in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available. A VAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is avail- able for public inspection by contacting the person(

s) named above. 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, and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 13. DEPARTMENT OF MOTOR VEHICLES

ARTICLE 2.0 — DRIVER’S LICENSES AND IDENTIFICATION CARDS The Department of Motor Vehicles (department) proposes to amend

Section 15.00 in

Article 2.0,

Chapter 1, Division 1, Title 13 of the California Code of Regulations, related to driver’s licenses and identi- fication cards. PUBLIC HEARING A public hearing regarding this proposed regulato- ry action is not scheduled. However, a public hearing will be held if any interested person or his or her duly authorized representative requests a public hearing to be held relevant to the proposed action by submitting a written request to the contact person identified in this notice no later than fifteen (15) days prior to the close of the written comment period.

DEADLINE FOR WRITTEN COMMENTS Any interested party or his or her duly authorized representative may submit written comments relevant to the proposed regulations to the contact person iden- tified in this notice. All written comments must be re- ceived at the department no later than November 18, 2024, the final day of the written comment period, for them to be considered by the department before it adopts the proposed regulation. AUTHORITY AND REFERENCE The department proposes to adopt/amend/repeal these regulations under the authority granted by Vehicle Code

section 1651, to implement, interpret, or make specific Vehicle Code

section 12801.5. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Vehicle Code

section 12801.5 requires the depart- ment to require a driver’s license or identification card applicant to submit satisfactory proof of California res- idency and that the applicant’s presence in the United States is authorized under federal law.

Section 15.00 in

Article 2.0 identifies documents an applicant can submit to the department to estab- lish their legal presence and identity. Those docu - ments include, but are not limited to, a certified copy of a U.S. birth certificate, a U.S. Certificate of Birth Abroad, a valid U.S. passport, various military iden- tification documents, various cards issued by the Department of Homeland Security, and a certification provided by the California Department of Corrections and Rehabilitation verifying the legal presence of the applicant. The department is amending

Section 15.00 to add a federal release identification card to the list of doc- uments that can be used to establish an applicant’s le- gal presence and identity. The federal release identifi- cation card is issued to individuals who are leaving the custody of the Federal Bureau of Prisons (FBOP) and is currently recognized by 20 other states as document that will establish an individual’s proof of identity.

To qualify for the federal release identification card, an individual must be either a U.S. citizen or a natural- ized citizen and the FBOP must be able to verify the individual’s full legal name, social security number, and a release or halfway house address. In consultation with the FBOP , the department has determined that an individual who has been issued a federal release identification card has been verified in a manner sufficient for the department to be satis- fied that the applicant’s identity has been appropriate- ly verified.

Because issuance of a federal release ID Card re- quires the applicant to be a United States citizen, the federal release ID Card cannot be used for issuance of an AB 60 driver’s license. Furthermore,

Section 17.02 in

Article 2.0 identifies the documents that department, as directed by 6 C.F.R

Section 37.11(c), has determined as sufficient to estab- lish an applicant’s identity for purposes of being is- sued a REAL ID driver’s license or identification card. Because the federal release ID Card has not been rec- ognized by the Department of Homeland Security as

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1316 an approved identity document, the federal release ID Card cannot be used for issuance of a REAL ID li- cense or identification card. The federal release ID Card can only be used when the applicant is applying for a non–federally compliant driver’s license or iden- tification card.

BENEFITS OF THE PROPOSED REGULATION The department anticipates this proposed action will benefit individuals who are leaving the custody of the FBOP by assisting them to successfully reintegrate to their communities by removing potential barriers to receiving a driver’s license or identification card. This regulatory amendment will ensure they will be able to sufficiently establish their identity by using a docu- ment they already have in their possession.

CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS The department has conducted a review of compa- rable regulations and has determined this is the only state regulation related to documents that can be used to establish an applicant’s legal presence for purposes of driver’s license or identification card issuance. COMPARABLE FEDERAL STATUTES OR REGULATIONS The department has conducted a search and has de - termined that there are no compatible federal regula- tions or statutes related to establishing legal presence for the issuance of driver’s licenses and identification cards.

DOCUMENTS RELIED UPON The department is adding to the rulemaking record a letter received by the department from the Federal Bureau of Prisons, dated May 1, 2024, requesting the department consider accepting its federal release iden- tification card to establish the identity of individuals who are being released from the custody of the FBOP and applying to the department for an identification card. The letter provides information related to the verification made by the FBOP to determine wheth- er an individual qualifies for a federal release identifi- cation card.

This document can be requested from the department by contacting the department’s represen- tative identified in this Notice of Proposed Action. DOCUMENTS INCORPORATED BY REFERENCE There are no documents incorporated by reference.

ECONOMIC AND FISCAL IMPACT DETERMINATIONS The department has made the following initial de- terminations concerning the proposed regulatory action: ● Cost or Savings to Any State Agency: None. ● Other Non–Discretionary Cost or Savings to Lo- cal Agencies: None. ● Costs or Savings in Federal Funding to the State: None. ● Effects on Housing Costs: None. ● Cost to any local agency or school district requir- ing reimbursement pursuant to Gov. Code

section 17500 et seq.: None. ● Cost Impact on Representative Private Persons or Businesses: This proposed action will not have a cost impact on representative private persons or businesses. This action authorizes the use of a federal release identification card for individuals who are applying for a driver’s license or identifi- cation card. This action only impacts individuals and not businesses. There is a cost for the issu- ance of a driver’s license or an identification card, however, that fee is in regulation and is subject to fluctuate with changes to the Consumer Price Index.

This proposed action does not change and is unrelated to issuance fees. ● Small Business Impact: This action will not im- pact small businesses. The proposed amendment only impacts driver’s license and identification card applicants. ● Local Agency/School District Mandate: The pro- posed regulatory action will not impose a man- date on local agencies or school districts, or a mandate that requires reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Divi- sion 4 of the Government Code. ● Significant statewide adverse economic impact directly affecting businesses, including the abili- ty of California businesses to compete with busi- nesses in other states: There are no significant statewide adverse economic impacts directly af- fecting businesses, including the ability of Cali- fornia businesses to compete with businesses in other states. RESULTS OF THE ECONOMIC IMPACT STATEMENT The department has made the following determina- tions when assessing the economic impact associated with this proposed regulation: The department has made the initial determination that this action will not impact, 1) the creation or elimi-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1317 nation of jobs within the State of California, 2) the cre- ation or elimination of existing businesses within the State of California, 3) the expansion of businesses cur- rently doing business within the State of California, or 4) worker safety or the state’s environment. This regulatory proposal may benefit the health and welfare of California residents by ensuring applicants have an accessible means by which to establish their legal presence for purposes of applying for a driver’s license or identification card.

This amendment will also have positive benefits by allowing individuals to reintegrate to their communities after leaving the cus- tody of the FBOP . PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS A pre–notice workshop, pursuant to Government Code

section 11346.45, is not required because the is- sues addressed in the proposal are not so complex or large in number that they cannot easily be reviewed during the comment period.

ALTERNATIVES CONSIDERED The department must determine that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention of the department would be more effective in carry- ing out the purpose for which the action is proposed, or would be effective as and less burdensome to affect- ed 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 provisions of law.

CONTACT PERSON Any inquiries or comments concerning the pro- posed rulemaking action may be addressed to: Randi Calkins, Regulations Specialist Department of Motor Vehicles Legal Affairs Division P .O.

Box 932382, MS C–244 Sacramento, CA 94232–3820 Any inquiries or comments concerning the pro- posed rulemaking action requiring more immediate response may use: Telephone: (916) 282–7294 Facsimile: (916) 657–6243 Email: LADRegulations@dmv.ca.gov In the event the contact person is unavailable, in- quiries should be directed to the following back–up person: Peggy Gibson, Attorney IV Department of Motor Vehicles Telephone: (916) 657–6469 A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The department has prepared an Initial Statement of Reasons for the proposed regulatory action and has available all the information upon which the propos- al is based.

The contact person identified in this no- tice shall make available to the public upon request the Express Terms of the proposed regulatory action using underline or italics to indicate additions to, and strike- out to indicate deletions from the California Code of Regulations. The contact person identified in this notice shall also make available to the public, upon re- quest, the Final Statement of Reasons and the loca- tion of public records, including reports, documen- tation and other materials related to the proposed action.

In addition, the above–cited materials (the Notice of Proposed Regulatory Action, the Initial Statement of Reasons, and Express Terms) may be accessed at https://www.dmv.ca.gov/portal/about– the–california–department–of–motor–vehicles/ california–dmv–rulemaldng–actions/ . A VAILABILITY OF MODIFIED TEXT Following the written comment period, and the hearing if one is held, the department may adopt the proposed regulations substantially as described in this notice.

If modifications are made which are sufficiently related to the originally proposed text, the fully modi- fied text, with changes clearly indicated, shall be made available to the public for at least 15 days prior to the date on which the department adopts the resulting reg- ulations. Requests for copies of any modified regula- tions should be addressed to the department contact person identified in this notice. The department will accept written comments on the modified regulations for 15 days after the date on which they are first made available to the public.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1318 TITLE 27. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Office of the Secretary of the California Environmental Protection Agency (CalEPA), pursuant to the authority vested in it by

section 87306 of the Government Code, pro- poses amendment to its conflict–of–interest code. A comment period has been established commencing on October 4, 2024 and closing on November 18, 2024. All inquiries should be directed to the contact listed below. The CalEPA proposes to amend its conflict–of–interest code to include employee posi- tions that involve the making or participation in the making of decisions that may foreseeably have a mate- rial effect on any financial interest, as set forth in sub- division (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less bur- densome to affected persons. Changes to the conflict–of–interest code include: adding certain officials and employees who should be filing a Form 700; removing other positions because they no longer exist within the agency; and also makes other technical changes. The proposed amendment and explanation of the reasons can be obtained from the agency’s contact.

Any interested person may submit written com- ments relating to the proposed amendment by submit- ting them no later than November 18, 2024, or at the conclusion of the public hearing, if requested, which- ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than November 3, 2024. The CalEPA has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Salwa Bojack, Senior Attorney, 916– 282–3904, salwa.bojack@calepa.ca.gov.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION N U M BE R 1653–2024 –148– 001– R1 Project: South Fork Scott River Floodplain Connectivity Project, Phase IV Location: Siskiyou County Applicant: Dustin Revel, California Trout, Inc. Background Project Location: The South Fork Scott River Floodplain Connectivity Project, Phase IV (Project) is located along the South Fork Scott River, approx- imately 2.5 miles southwest of the town of Callahan, within the Scott River.

The coordinates of the Project are 41.289193° North, 122.838137° West, at a prop- erty owned by Michael Thamer, Assessor Parcel Number (APN) 031–090–080, and affects the South Fork of the Scott River, which supports populations of Chinook Salmon (Oncorhynchus tshawytscha ), Coho Salmon (Oncorhynchus kisutch ), and steelhead trout (Oncorhynchus mykiss). Project Description: California Trout, Inc. (Applicant) proposes to enhance or restore habi- tat within the South Fork of the Scott River to pro- vide a net conservation benefit of Chinook Salmon, Coho Salmon, and steelhead trout.

The Project will restore side–channel habitat, improve floodplain con- nectivity, increase instream complexity and cover, promote riparian vegetation, and enhance slow–wa- ter habitat through active restoration of an approxi- mately 400–foot–long reach of the South Fork Scott River. To achieve restoration goals, the Project will ex- cavate side–channels (extending an existing channel and constructing an additional channel), install four channel–spanning large wood structures in the main channel, install 14 large wood structures in the new and extended side channels, and plant riparian vegetation.

These tasks will require the use of heavy equipment, such as an excavator, loader, or dozer, to recontour the substrate to the prescribed elevations and to place and manipulate large wood features. Mining tailings will be excavated and transported to a pre–existing depos-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1319 itory site on the property located away from the ripar- ian area. Large wood features will be constructed by partially burying wood into the bank and by pinning, cabling, or pinching wood against existing hard points to prevent mobilization, as necessary. Mainstem large–wood features will be nearly channel spanning and consist of five to six mature fir, pine, or cedar logs procured on the property. Large rock, sourced from a nearby quarry, will be placed on and next to the log- jam members to prevent future mobilization.

Wood Enhancement in Main Channel. Through the treatment reach, the South Fork Scott River currently lacks channel complexity, and large- ly consists of only riffles and runs, and has accumu- lated very little large wood that could improve aquatic habitat. To address this, four channel–spanning large wood structures will be installed along the treatment reach. A portion of these logs will have intact root- wads.

The total excavation area associated with the four channel–spanning large wood structures will be approximately 1,440 square feet (approximately 360 square feet each), with excavation dimensions of up to 30 feet long, 12 feet wide, and 60 feet deep. Each structure will be stabilized and backfilled with native material, as necessary. The main channel wood structures will be installed in two steps conducted from both banks. To complete work on the river–right bank, the log ends will be placed between existing trees in the riparian zone.

The log ends on the river–right side will not require sub- stantial excavation (30 feet long, 12 feet wide, and six feet deep). The wood features will be placed by wedg- ing individual logs or rootwads within existing trees and rock features. Two access pads may be necessary to ensure that equipment does not need to enter the wetted chan- nel. These pads will consist of washed, spawning size gravel that will provide access into the channel, ex- tend back into the riparian zone, and run approximate- ly 30 feet along the bank.

Approximately 60 cubic yards of washed gravel (30 cubic yards per location) will be utilized in pad installation. Upon completion, the equipment operator will disperse the pad material, leaving all the washed gravel instream to be utilized as spawning substrate by salmonids. River–left wood placement will be completed from the top of the bank. During construction, up to six trenches will be excavated at each placement loca- tion.

The excavated trenches will be a maximum of six feet deep at the end of the trench furthest from the stream channel, with the trench sloping upwards (get- ting shallower) towards to channel. Side–Channel Excavation and Enhancement. Stream flow through the Project area has been con- strained as a result of channelization and incision from legacy mining activities, and there is currently little floodplain connectivity with the main active chan- nel.

Construction of side–channel features, in combi- nation with large–wood structures, will help increase connectivity with the floodplain and stimulate riparian vegetation abundance while providing increased pool frequency, large wood complexity, and gravel sort- ing. During implementation, heavy equipment will be used to excavate and contour the side–channel ar- eas. One side channel will be constructed adjacent to the reach of the restored main channel, measuring 360 feet in length and 40 feet width. The maximum depth of excavation for this work will be three feet.

An existing side channel will be lengthened up- stream by 258 feet, across of width of 40 feet, and to a depth of three feet; this enhanced channel will be connected to the constructed side channel near its di - vergence, thereby creating a bifurcated stream reach. Work on the side channels will occur outside the ac- tive channel as this area is naturally dewatered during low flow summer and fall conditions. Large wood features with be incorporated to en- hance the hydraulic processes and habitat features of the newly constructed and enhanced side channels.

Fourteen log structures will be installed in the side channels. A portion of these logs will have retained, intact rootwads. These logs will be secured by partial- ly burying a portion of the log or rootwad. Trenches excavated for this purpose will be a maximum of six feet deep at the point furthest from the channel, slop- ing upwards (and shallower) towards the channel. Riparian Vegetation Enhancement. Native riparian vegetation will be planted through- out the constructed side channels and within each large wood structure.

Planting methods will include clusters and bundles planted at depth not to exceed 12 inches. To promote riparian revegetation success and help restore the native plant community at the site, in- vasive vegetation will be mechanically removed, cut back, and hand grubbed prior to planting. Wood Procurement and Processing. Logs and rootwads for the habitat enhancing wood structures will be procured from within the greater privately owned property. The procurement area is lo- cated immediately adjacent to and upstream of the res- toration project site on river right and extends approx- imately a half mile upstream.

The procurement area runs along an existing road for ease of extraction and transport and to reduce impacts to the soil and upland habitat. Staging and Soils Disposal. A single staging area will be used for the Project, at which, equipment and materials will be stored, and equipment will be maintained, with the exception of refueling.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1320 Project Size: The total area of ground disturbance associated with the Project is approximately 2.37 acres and 420 linear feet. The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical ex- emption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge: Discharge of ma- terials into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Project include those associated with the following: (1) gravel and (2) logs with and without rootwads. Project Timeframes: Start date: September 2024. Completion date: December 2026. Work window: July 1–October 15.

Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration in- tended to improve the quality of waters in California and improve fish rearing habitat, the North Coast Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) Number 1A24111WNSI, Electronic Content Management Identification (ECM PIN) Number CW– 896034 for the Project.

The NOA describes the Project and requires the Applicant to comply with terms of the Order. Additionally, the Applicant has provided a sup- plemental document that sets forth measures to avoid and minimize impacts to resources. Receiving Water: South Fork of the Scott River, trib- utary to the Klamath River. Filled or Excavated Area : Permanent area impact - ed: 2.24 acres. Length permanently impacted: 390 linear feet. Temporary area impacted: 0.13 acres maximum. Length temporarily impacted: 30 linear feet.

Discharge Volume : 60 cubic yards (cy) of gravel (washed, spawning sized), and 16–24 (10 to 30 inches in diameter, minimum of 30 feet in length) logs (some with rootwads). Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Project, as described in the Notice of Intent (NOI) complies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.).

Noticing: on August 26, 2024, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a de- termination pursuant to Fish and Game Code

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

section 1653 sub- division (c), CDFW filed an initial notice with the Office of Administrative Law on August 26, 2024, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. Notice File Number Z–2024–0826–02) on September 6, 2024. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

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

section 1653 for autho- rizing the Project. Specifically, CDFW finds that:

(1) The Project pur- pose is voluntary habitat restoration and the Project is not required as mitigation; (2) the Project is not part of a regulatory permit for a non–habitat restoration or enhancement construction activity, a regulatory set- tlement, a regulatory enforcement action, or a court order; and (3) the Project meets the eligibility require- ments of the State Water Resources Control Board’s Order for Clean Water Act

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

section 1653, subdivision (b) (4), were included in an attach- ment to the NOI. The specific avoidance and mini- mization requirements are found in the addendum titled: Appendix A, in the

section titled Resource Considerations (beginning on page 13), of the addendum. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Monitoring and Reporting Plan provides a timeline for restoration, performance standards, and monitoring parameters and protocols. Specific requirements of the plan are found in an attachment to the NOI, titled: Appendix A in the

section titled, Post Construction Effectiveness Monitoring (beginning on page 12). Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects requires the Applicant to submit a Notice of Completion (NOC) no later than 30 days after the project has been complet- ed. A complete NOC includes at a minimum: ● photographs with a descriptive title;

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1321 ● date the photograph was taken; ● name of the photographic site; ● WDID number and ECM PIN number indicated above; and ● success criteria for the Project. The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Project description as provided in the Applicant’s NOI. Applicant shall include the project name, WDID num- ber, and ECM PIN number with all future inquiries and document submittals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall submit the monitoring plan, monitoring report, and notice of completion to CDFW as required by the General Order. Applicant shall submit documents electronically to: Stacey.Alexander@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

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

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

Chapter 6 (commencing with

section 1600) and

Chapter 10 (commencing with

section 1900) of this Division and

Chapter 1.5 (commencing with

section 2050) of Division 3. Additionally, Applicant must adhere to all measures contained in the approved NOA and comply with other conditions described in the NOI.

If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW . (See generally Fish & Game Code, § 1654, subdivision (c).) PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65) ANNOUNCEMENT OF THE CARCINOGEN IDENTIFICATION COMMITTEE MEETING SCHEDULED FOR DECEMBER 19, 2024; NOTICE OF A VAILABILITY OF HAZARD IDENTIFICATION MATERIALS FOR VINYL ACETATE The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) will convene a meeting of the Carcinogen Identification Committee (CIC) for possible listing of vinyl acetate under the Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health and Safety Code

section 25249.5 et seq. (Proposition 65). OEHHA is also opening a 45–day public comment period on the hazard identification document entitled “Evidence on the Carcinogenicity of Vinyl Acetate.” The public comment period will end on Monday, November 18, 2024. A copy of the document is avail- able on OEHHA ’s website at https://oehha.ca.gov/ proposition–65. Background OEHHA is the lead agency for implementation of Proposition 65.

The CIC advises and assists OEHHA in compiling the list of chemicals known to the state to cause cancer within the meaning of the Act, as re- quired by Proposition 65 (Health and Safety Code sec- tion 25249.8.). The CIC serves as the state’s qualified experts for determining whether a chemical has been clearly shown through scientifically valid testing ac- cording to generally accepted principles to cause can - cer within the meaning of the Act (Health and Safety Code

section 25249.8.). A request for relevant information on the poten- tial carcinogenicity of this chemical opened on July

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1322 7, 2023, and closed on September 18, 2023. Two sub- missions were received and are posted on the OEHHA website at: https://oehha.ca.gov/proposition–65/ comments/comment–submissions–request–relevant– information–carcinogenicity–vinyl . OEHHA consid- ered these submissions in preparing the hazard identi- fication document. Public Meeting and Public Comment Period Vinyl acetate will be considered for possible list- ing under Proposition 65 as causing cancer at a pub- lic meeting scheduled for Thursday, December 19, 2024.

This meeting will be held in Sacramento and online, with the option of participating in person or via the internet. Participate in person at Sierra Hearing Room 1001 I St., Sacramento, CA or register online to participate via Zoom webinar. The meeting will begin at 10:00 a.m. and last until all business is conducted or until 5:00 p.m.. The meeting agenda and detailed instructions for providing oral comment will be provided in a future public notice published in advance of the meeting. All written comments must be submitted to OEHHA by electronic submission, mail, or hand–delivery, by Monday, November 18, 2024.

OEHHA strongly rec- ommends that comments be submitted electronically through our website at https://oehha.ca.gov/comments rather than in paper form. Alternatively, comments can be submitted in paper form, either by mail or de- livered in person. Mailed submission via United States Postal Service: Attention: Kiana Vaghefi Office of Environmental Health Hazard Assessment P .O.

Box 4010 Sacramento, California 95812–4010 In–person delivery submission: Attention: Kiana Vaghefi Office of Environmental Health Hazard Assessment 1001 I Street, 12th Floor Sacramento, California 95814 OEHHA encourages all commenters to submit their comments in a format compliant with

Section 508 of the federal Rehabilitation Act, Web Content Accessibility Guidelines 2.1 (https://www.w3.org/W AI/standards– guidelines/wcag) and California Government Code sections 7405 and 11135, so that they can be read using screen reader technology. All timely filed public comments will be provided to CIC members in advance of the meeting and will be posted on the OEHHA website at the close of the com- ment period. OEHHA is subject to the California Public Records Act and other laws that require the release of certain information upon request.

If you provide comments, please be aware that your name, address, and email may be available to third parties. If you would like to request a copy of the haz- ard identification document, or have any other ques- tions regarding this announcement, please contact Kiana Vaghefi at Kiana. Vaghefi@oehha.ca.gov or 916–322–1268. A V AILABILITY OF INDEX OF PRECEDENTIAL DECISIONS DIVISION OF LABOR STANDARDS ENFORCEMENT NOTICE OF INDEX OF PRECEDENTIAL DECISIONS NOTICE IS HEREBY GIVEN that the California Division of Labor Enforcement (DLSE), pursuant to subdivision (

c) of

section 11425.60 of the Government Code, maintains an index of precedential decisions, which is made available to the public by email sub- scription. The index and the text of the precedent de- cisions are continuously available to the public at: https://www.dir.ca.gov/DLSE/Precedential–Decisons. html. For additional information, contact: Carole Vigne, Chief Counsel Division of Labor Standards Enforcement Email: CVigne@dir.ca.gov

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH THE SECRETARY OF STATE This

Summary of Regulatory Actions lists regula- tions filed with the Secretary of State on the dates in- dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. California Health Benefit Exchange File # 2024–0822–03 SHOP Eligibility and Enrollment Regulations This action makes permanent the emergency amendments made by the California Health Benefit

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1323 Exchange (in Office of Administrative Law matter numbers 2019–1101–02ER and 2021–0827–02E) to its regulations governing the Small Business Health Options Program (SHOP). The action makes perma- nent the emergency amendments concerning the re - quirements for small businesses to apply for health and dental coverage for their employees, including SHOP eligibility, open enrollment periods, premium payments, and the appeal processes for employers and employees who are denied insurance coverage.

Title 10 Amend: 6520, 6522, 6524, 6526, 6528, 6530, 6532, 6534, 6536, 6538, 6542, 6544, 6548, 6550 Filed 09/23/2024 Effective 09/23/2024 Agency Contact: Jameson Mitchell (916) 954–3372 California Energy Commission File # 2024–0912–02 Reimbursement for Review of Opt–in Applications and Lost Permit Fees This emergency rulemaking action by the California Energy Commission adopts and amends regulations relating to procedures to allow local agencies to be re- imbursed for the review of opt–in applications and lost permit fees for opt–in energy facility projects.

Title 20 Adopt: 1878.1 Amend: 1701 Filed 09/23/2024 Effective 09/23/2024 Agency Contact: Crystal Cabrera (916) 909–2542 Department of Food and Agriculture File # 2024–0912–03 Caribbean Fruit Fly Eradication Area and Interior Quarantine In this emergency rulemaking action, the California Department of Food and Agriculture expands its Caribbean Fruit Fly Eradication Area to include Orange County, creates an interior quarantine against the spread of the Caribbean Fruit Fly, and amends the fly’s host list.

Title 03 Adopt: 3422 Amend: 3591.11 Filed 09/18/2024 Effective 09/18/2024 Agency Contact: Rachel Avila (916) 698–2947 Department of Pesticide Regulation File # 2024–0912–01 Registration Fees This emergency rulemaking action by the California Department of Pesticide Regulation increases several fees associated with registration of pesticide products: the fee for an application to register a pesticide prod- uct, the fee for an application to amend the labeling or formulation of a registered pesticide product, and the annual registration renewal fee for a pesticide product.

This rulemaking action also makes related amend- ments to the incorporated application form for pesti- cide registration. This rulemaking action is a deemed emergency pursuant to Food and Agriculture Code

section 12812(e). Title 03 Amend: 6148, 6148.5, 6170, 6216 Filed 09/23/2024 Effective 10/01/2024 Agency Contact: Lauren Otani (916) 445–5781 Department of Public Health File # 2024–0913–02 Serving Size, Age and Intoxicating Cannabinoids for Industrial Hemp This emergency action by the Department of Public Health adopts regulations that establish (1) serving size and package size limits for industrial hemp final form food products intended for human consumption, (2) an age requirement for offering or sale of industrial hemp final form food products, and (3) additional can- nabinoids to be included in the definition of “THC” as intoxicating under Health and Safety Code

section 111921.7(b), which is exempt from the Administrative Procedure Act for 18 months under Health and Safety Code

section 111921.7(d). This action is deemed to be an emergency and will be effective for 180 days under Health and Safety Code

section 110065(b) (3). Title 17 Adopt: 23000, 23005, 23010, 23015, 23100 Filed 09/23/2024 Effective 09/23/2024 Agency Contact: Dawn Basciano (916) 440–7367 State Water Resources Control Board File # 2024–0913–06 Wastewater Operator Certification Fees This emergency rulemaking action amends all Wastewater Operator Certification Fees catego- ries, except the fees for provisional operators, in the California Code of Regulations, title 23, division 3,

chapter 26 (commencing with

section 3670) to in- crease fees to cover expenditures and compensate for past under–collection of revenue.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1324 Title 23 Amend: 3677.1, 3677.5, 3717, 3719.16 Filed 09/19/2024 Effective 09/19/2024 Agency Contact: Keisha Kelley (916) 341–5665 Board of Education File # 2024–0911–03 CAASPP Regulations This action readopts the emergency amendments to

section 855 of Title 5 of the California Code of Regulations which advanced, from July 15 to June 30, the closing date of the annual California Assessment of Student Performance and Progress (CAASPP) test- ing window for Local Education Agency administra - tion of these assessments. Title 05 Amend: 855 Filed 09/23/2024 Effective 10/01/2024 Agency Contact: Lori Adame (916) 319–0860 California Student Aid Commission File # 2024–0913–04 Middle Class Scholarship Program In this deemed emergency readopt rulemaking of OAL Matter Number 2024–0311–01E pursuant to Education Code

section 70023, subdivisions (

c) and (g), the California Student Aid Commission is adopt- ing regulations implementing, interpreting, and mak- ing specific the Middle Class Scholarship Program (MCS) (Ed. Code § 70020 et seq.). Title 05 Adopt: 30800, 30801, 30802, 30803 Filed 09/19/2024 Effective 09/19/2024 Agency Contact: Synequeen Alasa–as (916) 464–6411 Department of Food and Agriculture File # 2024–0807–02 Standardization Program — Citrus Assessment Rates This file and print action amends the Citrus Program assessment rates for Navel oranges and mandarin cit- rus. This action is exempt from the Administrative Procedure Act pursuant to Food and Agricultural Code

section 48002. Title 03 Amend: 1430.142 Filed 09/19/2024 Effective 10/01/2024 Agency Contact: Sarah Cardoni (916) 597–6894 Department of Food and Agriculture File # 2024–0807–03 Standardization Program — Gem Avocado Dry Matter Percentage This file and print action establishes the mini- mum maturity standard for harvesting the gem avo- cado. This action is exempt from the Administrative Procedure Act pursuant to Food and Agriculture Code

section 44988. Title 03 Amend: 1408.6 Filed 09/19/2024 Effective 10/01/2024 Agency Contact: Sarah Cardoni (916) 597–6894 Department of Human Resources File # 2024–0814–06 Traveling Expenses In this request for filing and printing pursuant to Gov. Code § 11343.8, the Department of Human Resources (“CalHR”) is amending regulations per- taining to transportation expenses for those state of- ficers and employees excluded from, or not otherwise subject to, the Ralph C. Dills Act (Gov. Code § 3512 et seq.) (“Excluded Employees”). This action is exempt from the APA pursuant to Gov. Code § 3539.5(b).

Title 02 Amend: 599.615.1, 599.616.1, 599.619, 599.623, 599.624.1, 599.625.1, 599.627.1, 599.628.1, 599.629.1, 599.631, 599.633.1, 599.635.1, 599.636.1, 599.638.1 Filed 09/25/2024 Effective 09/25/2024 Agency Contact: Theresa Reid (916) 324–0526 Division of the State Architect File # 2024–0814–03 Title 21, Division 1,

Chapter 1, Subchapters 1 and 2, Repeal This nonsubstantive rulemaking action by the Division of the State Architect repeals from title 21 of the California Code of Regulations building stan- dards pertaining to public building access for physi- cally handicapped persons. Title 21 Repeal: 81, 82, 83.1, 83.2, 83.3, 83.4, 83.5, 83.6, 84, 85, 86 Filed 09/24/2024 Agency Contact: Randy Thomas (916) 324–5799

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 40–Z 1325 California Highway Patrol File # 2024–0827–03 Routes for Transportation of Radioactive Materials This rulemaking action seeks to update the routes designated for transporting highway route–controlled quantity (HRCQ) shipments of radioactive materials (RAM) to enhance public health and safety by pro- viding a more direct access between Barstow and Lost Hills for commercial vehicles transporting HRCQ RAM.

Title 13 Amend: 1159 Filed 09/24/2024 Effective 01/01/2025 Agency Contact: Erica De Parsia (916) 843–3400 California Horse Racing Board File # 2024–0809–01 Veterinary Practices and Treatments Restricted In this rulemaking action, the Board amends its regulations to specify that performing an endoscopy and administering any substance to any horse with a hypodermic needle may only be done by a Board– licensed veterinarian or a registered veterinary tech- nician (RVT) under the direct supervision of a Board–licensed veterinarian.

The amendments fur- ther specify that only a Board–licensed veterinarian can administer to a horse a substance through a naso- gastric tube. Furthermore, the amendments add RVTs and licensed veterinarian assistants in their regulation related to possession of contraband. Title 04 Amend: 1840, 1890 Filed 09/19/2024 Effective 01/01/2025 Agency Contact: Sandra Shinn (916) 869–3255 Board of Education File # 2024–0812–01 High School Equivalency Program This action by the California Board of Education amends High School Equivalency Program regula- tions to amend related

definitions, replace existing el- igibility requirements with a new list of acceptable documentation that proves the examinee’s identity and residency, and adopt the “California High School Equivalency Declaration of California Residency,” rev. 5/1/19, which is incorporated by reference.

Title 05 Adopt: 11532.5 Amend: 11530, 11531 Repeal: 11532 Filed 09/19/2024 Effective 01/01/2025 Agency Contact: Lori Adame (916) 319–0860 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol- ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit oal.ca.gov.