Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 1-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JANUARY 6, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2022–1227–02 ........................................... 1 AMENDMENT MULTI–COUNTY: California Joint Powers Insurance Authority GENERAL PUBLIC INTEREST FISH AND GAME COMMISSION Petition to List Greater Sage–Grouse as a Threatened or Endangered Species .................................. 2

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ............................................................. 2 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest code, will review the proposed/amended conflict–of–interest code of the following: CONFLICT–OF–INTEREST CODE AMENDMENT M U LT I – COU N T Y: California Joint Powers Insurance Authority A written comment period has been established commencing on January 6, 2023 and closing on Feb - ruary 21, 2023.

Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission.

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

Section 87300, which designates, pursuant to Government Code

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

Any written com - ments must be received no later than February 21, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with this code because these are not new programs mandated on local agencies by the code since the requirements described herein were man - dated 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 code 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 code shall approve code as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest code should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODE Copies of the proposed conflict–of–interest code may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political 1

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 1-Z 2 Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. GENERAL PUBLIC INTEREST FISH AND GAME COMMISSION NOTICE OF RECEIPT OF PETITION NOTICE IS HEREBY GIVEN pursuant to the pro - visions of Fish and Game Code

Section 2073.3, the California Fish and Game Commission (Commission), on November 21, 2022 received a petition from Ileene Anderson and Lisa Belenky, Center for Biological Diversity to list greater sage–grouse ( Centrocercus urophasianus) as a threatened or endangered species under the California Endangered Species Act. The greater sage–grouse is a large, gallinaceous bird that evolved in sagebrush ecosystems. It is the largest grouse found in North America, with males generally being nearly twice the size of females.

Greater sage– grouse in California occupy the western periphery of this species’ overall range and represent 7% of its overall population. The greater sage–grouse is almost completely de - pendent on large expanses of sagebrush–dominated habitat for existence. They depend on a variety of semiarid shrub–grassland habitats throughout their life cycle. Because sage–grouse depend on high– quality habitats that historically were relatively ex - tensive in nature, they are often used as an indicator of the health of a broader ecosystem of sagebrush– dependent species. Pursuant to

Section 2073 of California Fish and Game Code, on December 1, 2022, the Commission transmitted the petition to the California Department of Fish and Wildlife (Department) for review pursuant to

Section 2073.5 of said code. The Commission will receive the petition at its February 8–9, 2023 meeting, in Sacramento. It is anticipated that the Department’s evaluation and recommendation relating to the peti - tion will be received by the Commission at its April 19–20, 2023 meeting. For information about the petition or to submit in - formation to the Department relating to the petitioned species, interested parties may contact Neil Clip - perton, Endangered Species Unit Supervisor, Califor - nia Department of Fish and Wildlife, by mail at P.O. Box 944209, Sacramento, California 94244–2090, telephone at (916) 373–6620, or email at wildlifemgt@ wildlife.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. Board of Education File # 2022–1110–04 Physical Fitness Test This action makes permanent the amendments to

section 1040 of Title 5 of the California Code of Regulations that eliminate the Body Composition subtest and all Healthy Fitness Zone performance standards from the California Physical Fitness Test and add a definition of the term “results” as used in Education Code

section 60800. In order to reconcile related Board of Education regulations to the amend - ments being made permanent in

section 1040, the action also amends two regulations and repeals three others.

Title 05 Amend: 1040, 1043, 4043.4 Repeal: 1043.6, 1043.8, 1044 Filed 12/28/2022 Effective 12/28/2022 Agency Contact: Hillary Wirick (916) 319–0860 CalSavers Retirement Savings Board File # 2022–1214–02 CalSavers Retirement Savings Program Amendments This emergency rulemaking action conforms the Board’s regulations to changes made by Senate Bill 1121 (Chapter 192 of 2022) to governing statutes con- cerning the number of eligible employees an employer must have for purposes of required registration with the CalSavers Retirement Savings Program.

The ac - tion also deletes provisions which have become obso- lete due to the passage of time. Title 10 Amend: 10000, 10001, 10002, 10005, 10006 Filed 12/21/2022 Effective 01/01/2023 Agency Contact: Eric Lawyer (916) 653–1744

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 1-Z 3 Department of Cannabis Control File # 2022–1214–01 Track and Trace Requirements for Delivery of Cannabis Goods This emergency rulemaking action adopts new track and trace requirements for licensed retailers conducting delivery of cannabis goods. This action is a deemed emergency pursuant to Business and Professions Code

section 26068(d)(3). Title 04 Adopt: 15049.3 Amend: 15418 Filed 12/27/2022 Effective 12/27/2022 Agency Contact: Charisse Diaz (916) 465–9025 Department of Social Services File # 2022–1212–02 Establish Two-year Timeframe for CalWORKs Nonfraudulent Overpayments This emergency action creates two more exceptions to the requirement to correct and collect overpay - ments on grants: nonfraudulent overpayment claims that include overpaid months during the COVID–19 pandemic emergency and nonfraudulent overpay - ments discovered more than 24 months later.

Title MPP Amend: 44–350 Filed 12/22/2022 Effective 01/01/2023 Agency Contact: Everardo Vaca (916) 657–2363 California Gambling Control Commission File # 2022–1216–01 Commission Fees Modernization III The California Gambling Control Commission (“CGCC”) re–adopts for the second time its emergen- cy rulemaking which took effect on August 1, 2022 (OAL File No. 2022–0721–07E). This emergency rulemaking updates the Commission’s fee collection methodologies and procedures for cardroom establish- ments. CGCC is also further clarifying its fee collec - tion procedures and methodologies.

Title 04 Adopt: 12318, 12368.2, Appendix to

Chapter 5 Amend: 12112, 12360, 12368, 12470, 12472, Ap- pendix to Chapters 2 and 7 Repeal: 12368.1 Filed 12/23/2022 Effective 12/30/2022 Agency Contact: Josh Rosenstein (916) 274–5823 State Water Resources Control Board File # 2022–1212–01 Drought Conservation Emergency Regulation This emergency rulemaking by the State Water Resources Control Board extends emergency regu - lations originally adopted in OAL Matter No. 2022– 0105–03E pursuant to Water Code

section 1058.5. The regulations are intended to promote conservation of water in response to the Governor’s October 19, 2021, proclamation of a drought state of emergency, which was reaffirmed in Executive Order N–7–22. Title 23 Adopt: 995 Filed 12/21/2022 Effective 12/21/2022 Agency Contact: Garrett Lenahan (916) 341–5179 State Teachers Retirement System File # 2022–1123–05 Conflict –of–Interest Code This is a Conflict–of–Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing.

Title 05 Amend: 22000 Filed 12/21/2022 Effective 01/20/2023 Agency Contact: Brian Sytsma (916) 414–1703 Department of Justice File # 2022–1117–01 Microfilm and Other Photographically Reproduced Public Records As changes without regulatory effect, the Department of Justice is amending and repealing regulations regarding microfilming and other photo - graphic reproductions to align with statutory chang - es resulting from the enactment of Senate Bill 854 (2013–2014 Reg. Sess.).

Title 11 Amend: 200, 201, 202, 205 (renumbered to 203), 206 (renumbered to 203), 207 (renumbered to 203) Repeal: 203, 204 Filed 12/28/2022 Agency Contact: Marlon Martinez (213) 269–6437 Board of Registered Nursing File # 2022–1206–06 Categories of Nurse Practitioners and Scope of Practice This rulemaking action by the Board of Registered Nursing adopts and amends regulations relating to

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 1-Z 4 categories and scope of practice for nurse practitioners as set forth in Business and Professions Code sections 2837.103 and 2837.104.

Title 16 Adopt: 1482.3, 1482.4, 1487 Amend: 1480, 1481 Filed 12/23/2022 Effective 01/01/2023 Agency Contact: Marissa Clark (916) 574–7438 California Horse Racing Board File # 2022–1114–01 Minimum Weights to Be Carried In this regular rulemaking, the California Horse Racing Board (the “Board”) is amending regulations to increase the minimum weight to be carried for all races and establish separate weight minimums for quarter horse races. The Board is also amending regu- lations to decrease the allowable overweight for a rider to ride.

Title 04 Amend: 1616, 1683 Filed 12/22/2022 Effective 04/01/2023 Agency Contact: Zachary Voss (916) 263–6036 Professional Fiduciaries Bureau File # 2022–1129–01 Cultural Competency Existing law, the Professional Fiduciaries Act (the “Act”), provides for the licensure and regulation of professional fiduciaries and provides for the ad - ministration of those provisions by the Professional Fiduciaries Bureau (the “Bureau”). The Act requires an applicant to complete 30 hours of prelicensing ed - ucation courses provided by an educational program approved by the Bureau as a condition of licensure.

The Act also requires a licensee to complete 15 hours of continuing education courses each year as a con - dition of license renewal or restoration. Business and Professions Code

section 6538 was recently amended by Statutes of 2021,

chapter 167,

section 1 (Assembly Bill 465), to, beginning January 1, 2023, require the prelicensing education courses to include at least one hour of instruction in cultural competency, as de - fined. The statutory changes also, beginning January 1, 2023, require a licensee to complete at least two hours of instruction in ethics, cultural competency, or both every year as a condition of license renewal or restoration. In this regular rulemaking, the Bureau is implementing the recent amendments to Business and Professions Code

section 6538. Title 16 Amend: 4440, 4442, 4444 Filed 12/28/2022 Effective 01/01/2023 Agency Contact: Angela Cuadra (916) 574–7498 Department of Real Estate File # 2022–1123–04 Regulations to Implement SB 263 This action implements the new continuing educa - tion course requirements for real estate licensees re - quired by Senate Bill 263 (Stats. 2021, ch. 361).

Title 10 Adopt: 3013.1, 3015, 3017 Amend: 3007.2 Filed 12/28/2022 Effective 01/01/2023 Agency Contact: Jeanine Clasen jeanine.clasen@dre.ca.gov 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.