Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 42–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW OCTOBER 20, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. OFFICE OF ENERGY INFRASTRUCTURE SAFETY Conflict–of–Interest Code — Notice File Number Z2023–1009–02 ........................................ 1357 TITLE 10. HEALTH BENEFIT EXCHANGE Conflict–of–Interest Code — Notice File Number Z2023–1005–02 ........................................ 1357 TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION Inmate Mail — Notice File Number Z2023–1005–01 ................................................... 1358 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Occupational Mentor Certification Program — Notice File Number Z2023–1010–01 ......................... 1361 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Soil Remediation Project on Telephone Road, 2080–2023–016–05, Santa Barbara County ........................................................................... 1364

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 1364 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 42–Z 1357 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. OFFICE OF ENERGY INFRASTRUCTURE SAFETY CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Office of En- ergy Infrastructure Safety (Energy Safety), pursuant to the authority vested in it by

section 87300 of the Government Code, proposes its conflict–of–interest code. A comment period has been established com - mencing on October 20, 2023 and closing on Decem - ber 4, 2023. Energy Safety proposes to adopt its conflict–of– interest code to include employee positions that in - volve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. A written explanation of why each position was selected and the reasons for the disclosure categories is available. Energy Safety was established to ensure electrical utilities are taking effective actions to reduce utility– related wildfire risk. Energy Safety assesses electrical corporations’ Wildfire Mitigation Plans, safety cul - ture assessments, safety certifications, and executive compensation structures. Additionally, our office con- ducts inspections, audits, and investigations to oversee utility compliance with approved Wildfire Mitigation Plans.

Energy Safety expanded to include underground safety. The Underground Safety Board is responsible for developing safety standards, rules, and regulations for safe excavation around buried facilities. Copies of the proposed code are available and may be requested from the Contact Person set forth below. Any interested person may submit written state - ments, arguments, or comments relating to the pro - posed code by submitting them in writing no later than December 4, 2023, or at the conclusion of the public hearing, if requested, whichever comes later, to the Contact Person set forth below.

At this time, no public hearing has been scheduled concerning the proposed amendments. If any inter - ested person or the person’s representative requests a public hearing, he or she must do so no later than November 20, 2023, by contacting the Contact Person set forth below. Energy Safety has determined that the proposed code: 1. Imposes no mandate on local agencies or school districts. 2. Imposes no costs or savings on any state agency. 3. Imposes no costs on any local agency or school district that are required to be reimbursed un - der

Part 7 (commencing with

Section 17500) of Division 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 should be directed to: Megan Nevin 715 P Street, 20th Floor Sacramento, CA 95814 209–429–7390 Megan.Nevin@energysafety.ca.gov TITLE 10. HEALTH BENEFIT EXCHANGE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Health Benefit Exchange (“Exchange”), pursuant to the authority vested in it by

section 87306 of the Gov- ernment Code, proposes amendment to its conflict– of–interest code. A comment period has been estab - lished commencing on October 20, 2023 and closing on December 4, 2023. All inquiries should be directed to the contact listed below. The Exchange proposes to amend its conflict–of– interest code to include employee positions that in - volve the making or participation in the making of de- cisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amend - ment carries out the purposes of the law and no other alternative would do so and be less burdensome to af- fected persons. Changes to the conflict–of–interest code include or- ganizational and position changes since the conflict– of–interest code was amended in 2020, including: ● Reorganization of existing positions within divisions,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 42–Z 1358 ● The addition of the Equity and Quality Transfor - mation and Consumer Relations and Resolution divisions, ● Updated working titles for several existing positions, ● Elimination of abolished positions and divisions, ● The addition of certain endowments as a report - able source, ● 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 December 4, 2023, 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 19, 2023. The Exchange 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 un - der

Part 7 (commencing with

Section 17500) of Division 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: Faviola Adams Regulations Coordinator California Health Benefit Exchange (Covered California) 1601 Exposition Blvd.

Sacramento, CA 95815 Telephone: (916) 228–8668 Email: Faviola.RamirezAdams@covered.ca.gov Comments may also be submitted by email to regulations@covered.ca.gov, or by facsimile (FAX) at 916–228–8321. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION INMATE MAIL NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabilitation (CDCR or department), proposes to amend Sections 3006, 3130–3146, 3190 and adopt sec- tion 3147 into Title 15, Division 3,

Chapter 1, regard - ing Inmate Mail. PUBLIC COMMENT PERIOD The public comment period begins October 20, 2023 and closes on December 7, 2023. Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the regulations, call the program contact person listed below. CONTACT PERSONS Primary Contact Renee Rodriguez Telephone: (916) 445–2220 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y.

Sun Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact Matthew Freeland Telephone: (916) 324–7001 Division of Adult Institutions P.O. Box 942883–0001 Sacramento, CA 94283–0001 PUBLIC HEARING Date and Time: December 7, 2023 — 10:00 a.m. to 11:00 a.m.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 42–Z 1359 Place: Department of Corrections and Rehabilitation Sequoia Conference Room 150 North 1515 S Street — North Building Sacramento, CA 95811 AUTHORITY AND REFERENCE Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, respon - sibilities, obligations, liabilities, and jurisdiction of abolished predecessor entities, such as Department of Corrections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that com- mencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC

Section 5050 pro- vides that commencing July 1, 2005, any reference to the Director of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, custody, treatment, training, discipline, and employ - ment of persons confined therein are vested in the Sec- retary of the CDCR. PC

Section 5055 provides that commencing July 1, 2005, all powers and duties pre - viously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of persons. PC

Section 5058.3 authorizes the Director to certify in a written statement filed with Office of Administrative Law that operational needs of the department require adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The proposed revisions will update and help to clar- ify department regulations concerning inmate mail. Specifically, mail

definitions have been updated to be consistent with United States Postal Services stan - dards and incorporate allowable personal property items which can also be obtained through personal correspondence into the mail regulations to provide consistency and standardization in the

interpretation for these types of allowable items.

Definitions and processes for books and packages solely containing books have been incorporated into the regulations. These processes include timeframes for the review, delivery, forwarding, and disapproval of all forms of mail items to provide clarity to staff and inmates on the expectations for handling mail related materials. The use of the CDCR Form 1819 (Rev. 02/23) is in - cluded throughout the regulations to provide reference to the official document that staff and inmates shall utilize when mail, packages, or publications are dis - approved for any reason.

This update ensures prop - er notification is provided to all impacted parties and provides the department with an official record of de - cisions that may be challenged through the grievance and appeals processes outlined within the regulations. These amendments will update the

definitions for obscene and sexually explicit images and text as they pertain to contraband items. These changes incorpo - rate

definitions previously identified within other ar - eas of the regulations to provide an exhaustive list of contraband items which shall not be possessed by the inmate population. These changes provide clarity to staff and inmates for the purposes of making determi - nations on the disapproval of these types of items and the consequences of possessing such items.

The revisions provide updates to the inmate proper- ty regulations by specifically allowing inmates, who live in segregated housing, the ability to choose which publications they want to maintain in their assigned living quarters and those that shall be stored as excess personal property. Legal publications as referenced within the inmate property regulations have been up - dated to identify where these may be obtained from, which is consistent with all other forms of publications as detailed within the mail regulations.

This provides consistency throughout and clarifies the types of pub - lications that shall be allowed by the department. This action will: ● Align agreements made within the 2007 Pris- on Legal News v Newsom Settlement Agreement (2007 PLN Settlement Agreement) regarding how publications, mail and inmate property are processed. ● Define sexually explicit images and specific text that shall be considered contraband. ● Update the mail

definitions to be consistent with the United States Postal Service. ● Update timeframes for the review, delivery, for - warding, and disapproval of all forms of mail items. ● Expand the use of the CDCR Form 1819 (Rev. 02/23) as the official document for the disapprov- al of mail, packages, or publications.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 42–Z 1360 DOCUMENTS INCORPORATED BY REFERENCE ● The 2007 Prison Legal News v Newsom Settle- ment Agreement. ● Mailing Standards of the United States Postal Service (USPS) Domestic Mail Manual. SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The proposed regulations benefit staff and inmates by aligning the regulations with agreements made within the 2007 PLN Settlement Agreement and pro - vide clarity regarding how publications, mail, and in - mate property are processed.

These updates provide consistency in ensuring inmates have equal access to mail, publications, and packages, while also ensuring the department maintains accountability in providing proper notification and justification for the disapprov- al of these items. The department also recognizes the importance of the administrative remedies process in which inmates may challenge a decision regarding the disapproval of items.

These changes are provided in an effort to reduce the amount of contraband sent into an institution from outside entities, give staff the re - sources needed to adequately review and make a de - termination for all inspected mail–related items, and to outline all applicable steps that must be taken in the delivery, forwarding, and disapproval of such items, along with any applicable penalties for non–serious and serious violations of the regulations.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the department has determined the proposed regulations are not inconsistent or incompatible with existing reg- ulations. After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations that concern inmate mail. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim - bursement of costs or savings pursuant to Government Code Sections 17500–17630.

FISCAL IMPACT STATEMENT ● Cost or savings to any state agency: None. ● Cost to any local agency or school district that is required to be reimbursed: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None. EFFECT ON HOUSING COSTS The department has made an initial determination that the proposed action will have no significant effect on housing costs.

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has made an initial determination that the proposed regulations will not have a signifi - cant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states, because the proposed regulations place no obligations or requirements on any business. EFFECT ON SMALL BUSINESSES The department has determined that the proposed regulations will not affect small businesses.

This ac - tion has no significant adverse economic impact on small businesses because they place no obligations or requirements on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The department has determined that the proposed regulation will have no effect on the creation of new, or the elimination of existing, jobs or businesses within California, or effect the expansion of businesses cur - rently doing business in California. The department has determined that the proposed regulation will have no effect on worker safety or the state’s environment.

These regulations may benefit the welfare of Califor - nia residents by helping to make CDCR institutions safer for inmates, staff, and visitors. Additionally, saf- er institutions may provide an environment more con- ducive to rehabilitation, thereby reducing recidivism.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 42–Z 1361 CONSIDERATION OF ALTERNATIVES 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 carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

Interested persons are invit- ed to present statements or arguments with respect to any alternatives to the changes proposed at the sched - uled hearing or during the written comment period. AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.

The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact per- son. The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the depart- ment’s website: www.cdcr.ca.gov. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the depart - ment’s contact person.

AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations substantially as described in this Notice. If the department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the department adopts, amends or repeals the regulations as revised. Requests for copies of any modified reg - ulation text should be directed to the contact person indicated in this Notice.

The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION OCCUPATIONAL MENTOR CERTIFICATION PROGRAM NOTICE IS HEREBY GIVEN t h a t t h e S e c r e- tary of the California Department of Corrections and Rehabilitation (CDCR or the department), proposes to amend Sections 3040, 3040.2, and 3043.5 in Title 15, Division 3,

Chapter 1, regarding the Occupational Mentor Certification Program (OMCP). PUBLIC COMMENT PERIOD The public comment period begins October 20, 2023 and closes on December 4, 2023. Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the regulations, call the program contact person listed below. CONTACT PERSONS Primary Contact A. Colavita Telephone: (916) 322–8344 Regulation and Policy Management Branch P.O.

Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Sun Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contacts H. Bruglia Telephone: (279) 300-5974 H. Baraich Telephone: (279) 300–5975 Division of Rehabilitative Programs P.O. Box 942883 Sacramento, CA 94283–0001 PUBLIC HEARING Date and Time: December 14, 2023 — 10:00 a.m. to 11:00 a.m.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 42–Z 1362 Place: Department of Corrections and Rehabilitation Room 151N 1515 S Street — North Building Sacramento, CA 95811 AUTHORITY AND REFERENCE Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, respon - sibilities, obligations, liabilities, and jurisdiction of abolished predecessor entities, such as Department of Corrections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that com- mencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC

Section 5050 pro- vides that commencing July 1, 2005, any reference to the Director of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, custody, treatment, training, discipline, and employ - ment of persons confined therein are vested in the Sec- retary of the CDCR. PC

Section 5055 provides that commencing July 1, 2005, all powers and duties pre - viously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of persons. PC

Section 5058.3 authorizes the Director to certify in a written statement filed with Office of Administrative Law that operational needs of the department require adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The proposed regulations include the criteria for the Occupational Mentor Certification Program (OMCP), which provides select incarcerated individuals with the education and opportunity to earn a certification in Alcohol and Other Drug counseling from a certifying organization recognized by the California Department of Health Care Services.

This action will: ● Establish the criteria needed for incarcerated in - dividuals to join the OMCP including, having five years left of their sentence to serve, absence of any adjudicated–guilty serious rules violations within two years of applying to the program, and having a reading level score of 9.0 or greater or a GED. ● Revise the name of the program from “Offender” to “Occupational” Mentor Certification Program. DOCUMENTS INCORPORATED BY REFERENCE None.

SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The department anticipates these regulations will help better prepare incarcerated individuals to find employment upon release, maintain a clean and sober lifestyle, and reduce recidivism. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the department has determined the proposed regulations are not inconsistent or incompatible with existing reg- ulations.

After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations that concern the OMCP. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate, which requires reim- bursement of costs or savings pursuant to Government Code Sections 17500–17630.

FISCAL IMPACT STATEMENT ● Cost or savings to any state agency: None. ● Cost to any local agency or school district that is required to be reimbursed: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None. EFFECT ON HOUSING COSTS The department has made an initial determination that the proposed action will have no significant effect on housing costs.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 42–Z 1363 COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has determined the proposed reg - ulations will not have a significant statewide adverse economic impact directly affecting businesses, in - cluding the ability of California businesses to com - pete with businesses in other states.

The provision of OMCP to the incarcerated population does not have an adverse impact on businesses. EFFECT ON SMALL BUSINESSES The department has determined that the proposed regulations will not affect small businesses. This ac - tion has no significant adverse economic impact on small businesses because they place no obligations or requirements on any business.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The department has determined that the proposed regulation will have no effect on the creation of new, or the elimination of existing, jobs or businesses within California, or effect the expansion of businesses cur - rently doing business in California. The department has determined that the proposed regulation will have no effect on worker safety or the state’s environment.

These regulations may benefit the welfare of Califor - nia residents by helping to make CDCR better prepare incarcerated individuals to find employment upon re - lease, maintain a clean and sober lifestyle, and reduce recidivism.

CONSIDERATION OF ALTERNATIVES 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 carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

Interested persons are invit- ed to present statements or arguments with respect to any alternatives to the changes proposed at the sched - uled hearing or during the written comment period. AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.

The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact per- son. The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the depart- ment’s website: www.cdcr.ca.gov. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the depart - ment’s contact person.

AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations substantially as described in this Notice. If the department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the department adopts, amends or repeals the regulations as revised. Requests for copies of any modified reg - ulation text should be directed to the contact person indicated in this Notice.

The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 42–Z 1364 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR SOIL REMEDIATION PROJECT ON TELEPHONE ROAD 2080–2023–016–05 SANTA BARBARA COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on October 4, 2023, that ConocoPhillips proposes to rely on a federal permit to carry out a project that may adversely affect a species protected by the California Endangered Species Act (CESA).

The purpose of the proposed project is to re - mediate hydrocarbon impacted soil on the historical Coz 3–32 oil well sump and oilfield lease access road in Santa Barbara County. Proposed activities will in - clude, but are not limited to, geophysical exploration(- seismic), development, extraction, storage, transport, remediation, and/or distribution of crude oil, natural gas, and/or other petroleum products and construction, maintenance, operation, repair and decommissioning of oil and gas pipelines and well field infrastructure.

The proposed project Planning Area consists of San - ta Maria Valley, San Antonio Creek, Lompoc Valley, Santa Ynez Valley, and a portion of the Santa Barbara coastline in Santa Barbara County. Bill Borgh prepared a Habitat Conservation Plan (HCP) which considered the effects of the proposed project on the Santa Barbara County Distinct Popu - lation Segment of the state threatened and federally endangered species California tiger salamander ( Am- bystoma californiense ). The U.S.

Fish and Wildlife Service (Service) issued a federal incidental take per - mit (ITP) (Permit Number ESPER4671392) to Cono - coPhillips on September 9, 2023. Pursuant to California Fish and Game Code

section 2080.1, ConocoPhillips is requesting a determination that the ITP and its associated HCP are consistent with CESA for purposes of the proposed project. If CDFW determines the ITP and its associated HCP are consistent with CESA for the proposed project, Cono- coPhillips will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project.

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 Unemployment Insurance Appeals Board File # 2023–1004–02 Conflict–of–Interest Code This is a conflict–of–interest code that has been approved by the Fair Political Commission and is be - ing submitted for filing with the Secretary of State and printing only. OAL filed this regulation with the Secretary of State and will publish the regulation in the California Code of Regulations.

Title 22 Amend: 5200 Filed 10/17/2023 Effective 10/17/2023 Agency Contact: Kim Hickox (916) 263–6806 San Francisco Bay Conservation and Development Commission File # 2023–0920–01 Conflict–of–Interest Code — Biennial Update 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 only.

Title 14 Amend: 11600 Filed 10/10/2023 Effective 11/09/2023 Agency Contact: Michael Ng (415) 352–3610 Occupational Safety and Health Standards Board File # 2023–0829–02 Gaseous Hydrogen at Consumer Sites This action revises an internal cross–reference to regulations concerning gaseous hydrogen systems at consumer sites to conform to federal standards as a change without regulatory effect.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 42–Z 1365 Title 08 Amend: 5465 Filed 10/10/2023 Agency Contact: Kelly Chau (916) 274–5794 California Architects Board File # 2023–0914–01 Form of Examinations In this regular rulemaking, the California Architects Board is revising the eligibility requirements to take the Landscape Architect Registration Examination. Title 16 Amend: 2615 Filed 10/12/2023 Effective 10/12/2023 Agency Contact: Kourtney Fontes (916) 575–7233 California Architects Board File # 2023–1005–01 Examination Transition Plan This action amends

section 2614(g)(2) of title 16 of the California Code of Regulations to enable landscape architecture license applicants, who pass sections of the Landscape Architect Registration Examination (LARE) during the October 2023 administration of the examination, to earn credit toward passage of the restructured LARE which will be administered be - ginning December 1, 2023.

Title 16 Amend: 2614 Filed 10/11/2023 Effective 10/11/2023 Agency Contact: Kourtney Fontes (916) 575–7233 California Energy Commission File # 2023–0828–01 Repeal Field Verification and Diagnostic Testing This action removes field verification and diagnostic testing regulations from Title 20.

Title 20 Amend: 1670, 1671, 1672, 1673, 1674, 1675 Filed 10/09/2023 Effective 01/01/2024 Agency Contact: Corrine Fishman (916) 805–7452 Department of Financial Protection and Innovation File # 2023–0823–02 Student Loan Servicing This action by the by the Department of Financial Protection and Innovation adopts three regulations and amends 11 existing regulations that implement the Student Loan Servicing Act, Division 12.5 (com - mencing with

Section 28100) of the Financial Code, and the Student Loans: Borrower Rights Law, Title 1.6c.10 (commencing with

Section 1788.100) of

Part 4 of Division 3 of the Civil Code. The action, in part, further clarifies the types of student loans that are sub- ject to the Student Loan Servicing Act and the relat - ed maintenance of student loan reports and records. The action also amends some existing regulations by removing regulatory provisions the Department of Financial Protection and Innovation have deter - mined are unnecessary or burdensome to student loan servicers. Lastly, this action includes amendments to implement and make specific the Student Loans: Borrower Rights Law.

Title 10 Adopt: 2033.75, 2042.65, 2042.75 Amend: 2032, 2033.5, 2034.5, 2035, 2036.5, 2040, 2040.5, 2041, 2042, 2042.5, 2043 Filed 10/04/2023 Effective 01/01/2024 Agency Contact: Mary D. Tome (916) 378–9522 Department of Justice File # 2023–0831–02 Racial and Identity Profiling Act (RIPA) Regulations This rulemaking by the California Department of Justice makes amendments to regulations imple - menting California’s Racial and Identity Profiling Act of 2015, relating to the collection and reporting of stop data pursuant to Government Code

section 12525.5. This includes adding the new data element “Reason Given to the Stopped Person,” as required by Government Code

section 12525.5, subdivision (b)(3), as amended by Assembly Bill 2733 (Stats. 2022, chap- ter 805), effective January 1, 2024. Title 11 Amend: 999.226, 999.227, 999.228 Filed 10/11/2023 Effective 10/11/2023 Agency Contact: Marlon Martinez (213) 269–6437 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.