Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 20-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 19, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. SECRETARY OF STATE Ballot Counting — Notice File Number Z2023–0509–02 ................................................. 679 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–0509–03 ........................................ 681 AMENDMENT MULTI–COUNTY: Alameda Contra Costa Transit District Retirement Board STATE AGENCIES: California Coastal Commission Legislative Analyst’s Office ADOPTION MULTI–COUNTY: Sonoma Marin Economic Development District TITLE 14.

SAN FRANCISCO BAY CONSERV ATION AND DEVELOPMENT COMMISSION Conflict–of–Interest Code – Biennial Update — Notice File Number Z2023–0505–01 ......................... 683 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Sugar Refugia Phase 1 & 2, Tracking Number: 1653–2023–111–001–R2, Siskiyou County ............................................................ 683 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Hole–in–the–Ground Ranch Safe Harbor Agreement, Tracking 2089–2023–001–01, Siskiyou County ......................................................... 684 (Continued on next page)

ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS OFFICE OF ADMINISTRATIVE LAW Petition Challenging Two Provisions in the California Laboratory Assessment Checklist and Related Correspondence Alleged to Require a State Water Resources Control Board Environmental Laboratory Accreditation Program Accredited Laboratory’ s Quality Manual (QM) ........................... 684

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 685 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 $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 20-Z 679 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. SECRETARY OF STATE BALLOT COUNTING NOTICE IS HEREBY GIVEN that the California Secretary of State (SOS) is proposing to take the ac- tion described in the Informative Digest. Any person interested may present statements or arguments in writing relevant to the action proposed.

Written com- ments, including those sent by mail, facsimile, or e– mail to the address listed under Contact Persons in this Notice, must be received by the SOS at its office not later than Wednesday, July 5, 2023. PUBLIC HEARING AND COMMENT A public hearing is not scheduled. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the contact persons listed be- low no later than 12:00 a.m., on Wednesday, June 21, 2023.

Following the public hearing, if one is requested, or following the written comment period if no public hearing is requested, the SOS, upon its own motion or at the instance of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

With the ex- ception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact persons and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notifi- cation of any changes to the proposal. If you have any questions, please contact the Office of Voting Systems Technology Assessment at: (916) 695–1680, or email at votingsystems@sos.ca.gov.

Any person interested may present statements or arguments in writing relevant to the action proposed. Written comments, including those sent by mail, fac- simile, or e–mail to the address listed under Contact Persons in this Notice, must be received by the SOS at its office not later than Wednesday, July 5, 2023. Written Public Comment Period : May 19, 2023, through July 5, 2023. AUTHORITY AND REFERENCE Government Code

section 12172.5(

d) authorizes the SOS to adopt regulations to ensure the uniform appli- cation and administrative of state election laws. Authority cited:

Section 12172.5(d), Government Code, and Sections 10, 15360(c), and 15601, Elections Code. Reference cited: 52 U.S.C. 21081(a)(6). Reference cited: 12172.5 Government Code.

Reference cited: Sections 10, 301, 303.3, 320, 335.5, 336.5, 338, 339, 353.5, 358, 359, 361, 362, 2500, 5100, 10004, 12300, 12301, 12302, 12303, 12307, 12308, 12309, 12309.5, 12310, 12311, 12312, 12313, 12314, 12315, 12316, 12318, 12319, 12320, 12321, 12327, 13204, 14287, 14420, 15000, 15003, 15004, 15101, 15102, 15150, 15151, 15152, 15154, 15205, 15207, 15208, 15210, 15260, 15261, 15270, 15271, 15272, 15273, 15274, 15275, 15276, 15277, 15278, 15278.5, 15279, 15280, 15281, 15290, 15301, 15305, 15342, 15342.5, 15360, 15367, 15371, 15372, 15373, 15374, 15375, 15501, 15502, 15600, 15601, 15620, 15621, 15622, 15623, 15624, 15625, 15626, 15628, 15629, 15630, 15631, 15632, 15633, 19202, 19220, 19360, 19380, and 19381, Elections Code.

Reference cited: Sections 20810, 20811, 20812, 20813, 20814, 20815, 20816, 20817, 20818, 20819, 20820, 20821, 20822, 20823, 20830, 20831, 20832, 20833, 20871, 20872, 20873, 20874, 20875, 20876, 20877, 20878, 20980, 20981, 20982, 20983, and 20984, Title 2, Division 7 of the California Code of Regulations. INFORMATIVE DIGEST As authorized by Government Code

section 12172.5(d), the SOS is seeking to adopt regulations governing the conduct of manual tallies of ballots to provide clear and uniform guidance to California’s 58 counties’ election officials for consistent application and administration of state election law. On September 28, 2020, the SOS submitted the Uniform Vote Counting Standards as emergency reg - ulations to Office of Administrative Law. These emer- gency regulations were refiled twice and then official- ly adopted on March 15, 2022, as the Uniform Vote Counting Standards (Article 8 of

chapter 8.3, Title 2, Division 7 of the California Code of Regulations), which provide guidance to election officials for how to process ballots and count votes to reduce the chances that a voter’s ballot would be deemed invalid, there- fore disenfranchising voters. SOS has reviewed the current Uniform Vote Counting Standards and has put

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 20-Z 680 forth non–substantive changes to these regulations. These changes are to remove sections of the vote count regulations that are no longer applicable to California elections law because of outdated practices and voting technologies. In the California Elections Code, Division 15 covers the processes and procedures for election officials to follow when preparing their ballots for counting and canvassing of results.

Article 5 and

Article 6 of Divi - sion 15, specifically cover the manual counting of votes at a precinct or central counting center, respectively. POLICY STATEMENT OVERVIEW/ ANTICIPATED BENEFITS OF PROPOSAL The California Secretary of State is proposing changes and additions to the California Code of Reg- ulations to provide requirements and clarity for count- ing ballots, specifically related to when ballots are manually counted. In proposing these changes and additions to the California Code of Regulations, the California Secretary of State is:

(1) Making modifications to the current Uniform Vote Counting Standards and Recount regula - tions which includes renumbering and moving these regulations from Chapters 8.1 and 8.3 to newly created Chapters 4.5 and 4.8;

(2) Adding new

Chapter 4.6 for manual tallying gen- erally and

Chapter 4.7 for 1 percent manual tally- ing as required by Elections Code

section 315360. The proposed regulations provide California juris- dictions and California voters with clarity and uni- form practices on how to count ballots when doing so manually. The proposed regulations provide nec- essary processes and requirements to ensure security, chain of custody, accuracy, fairness and accessibility in the process. Consistency/Compatibility with Existing State Regulations: The SOS has determined that these pro- posed regulations are not inconsistent or incompatible with existing regulations.

After conducting a review for any regulations that would relate to or affect this area, the SOS has concluded that these are the only regulations that concern the counting of ballots in California.

Documents Incorporated by Reference: None Documents Relied Upon in Preparing the Regulations: ● California Elections Code ● California Code of Regulations ● Learning from Recounts–Election Law Journal; Rules, Politics and Policy (Printed and included in the pack) o https://dspace.mit.edu/bitstream/handle/ 1721.1/134277/elj.2017.0440.pdf?sequence= 2&isAllowed=y ● Confirming Elections, New Hampshire 2012 (Printed and included in the pack) o https://andrewreeves.org/papers/recounts. pdf ● Y ouTube Video Titled: Error Rate in Nye County Nevada Initial Count o https://www.youtube.com/watch?v= s31UJ Ns4n mQ FISCAL IMPACT ESTIMATES AND RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None.

Nondiscretionary Costs/Savings to Local Agen - cies: None. Local Mandate: No. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Require Reimbursement: None. Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability to Compete: The SOS has made an initial determi- nation that this regulatory action will not have a sig- nificant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

Cost Impact on Representative Private Person or Business: The SOS is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: None. Effect on Small Business: The SOS has made an initial determination that the proposed regulatory ac- tion will have no effect on small business. These pro- posed regulations pertain to the counting of ballots and are conducted by election officials. Result of Economic Impact Assessment/Analysis

Summary Comments: The SOS has determined that the proposed regulations are (1) unlikely to create or eliminate any jobs in California, (2) unlikely to create or eliminate any California businesses, and (3) unlike- ly to result in the expansion of businesses currently doing business within California. These regulations pertain to ballot counting and election official respon- sibilities only. These regulations do not significantly change existing business practices such that jobs or businesses would be created or eliminated.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 20-Z 681 Benefits of the Proposed Regulations: The benefits of the regulations to California residents are establish- ing greater confidence in the conduct of California’s election activities by providing uniform guidance for the counting and processing of ballots and the respon- sibilities of elections officials. These regulations will ultimately benefit California residents as rules for counting ballots will be clear and uniformly applied throughout California’s 58 counties.

The regulations do not provide any benefits for worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES The agency must determine that no reasonable al- ternative it considered or that has otherwise been iden- tified and brought to its attention would be more effec- tive in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per- sons and equally effective in implementing the statu- tory policy or other provision of law.

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

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

The rulemaking file is maintained at the following address: California Secretary of State Political Reform Division 1500 11th Street, Room 495 Sacramento, CA 95814 Due to restrictions related to COVID–19, the SOS’ public counter is not open to the public. Please contact the contact persons below to arrange for public inspec- tion of the rulemaking documents. Options for public inspection during COVID–19 may include having the rulemaking documents emailed to you or scheduling an in–person review.

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

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Danielle Dawson California Secretary of State 1500 11th Street, 6th Floor Sacramento, CA 95814 (916) 695–1436 Ddawson@sos.ca.gov The backup contact person is: NaKesha Robinson California Secretary of State 1500 11th Street, 6th Floor Sacramento, CA 95814 (916) 695 –1635 nrobinson@sos.ca.gov Website Access: Materials regarding this proposal can be found at: https://www.sos.ca.gov/administration/regulations/ 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 codes, will review the proposed/amended conflict–of–interest codes of the following:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 20-Z 682 CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Alameda Contra Costa Transit District Retirement Board STATE AGENCIES: California Coastal Commission Legislative Analyst’s Office ADOPTION MULTI–COUNTY: Sonoma Marin Economic Development District A written comment period has been established commencing on May 19, 2023 and closing on July 3, 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 codes 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 codes will be submitted to the Commission for review.

The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return 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 July 3, 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 these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

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

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

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 20-Z 683 TITLE 14. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION NOTICE OF INTENTION TO AMEND CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the San Fran- cisco Bay Conservation and Development Commis- sion, 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 commencing on May 19, 2023 and closing on July 5, 2023. All inquiries should be direct- ed to the contact listed below. The San Francisco Bay Conservation and Devel - opment Commission proposes to amend its conflict– of–interest code to include employee positions that involve 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. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: — a comprehensive review of designated positions currently used at the agency, including addi - tion and deletion of positions as appropriate; — review of appropriate disclosure categories for each respective designated position, including addition and deletion of disclosure categories as appropriate; and 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 July 5, 2023 , or at the con- clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched- uled. A person may request a hearing no later than June 20, 2023. The San Francisco Bay Conservation and Devel - opment Commission has determined that the pro- posed 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: Michael Ng, Senior Staff Attorney Michael.Ng@bcdc.ca.gov 415–352–3610 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR SUGAR REFUGIA PHASE 1 & 2 (TRACKING NUMBER: 1653 –2023 –111– 0 01– R 2) SISKIYOU COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on May 8, 2023, that the Scott River Watershed Council proposes to carry out a habitat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed proj- ect involves creating habitat features to offer drought and climate refugia for Coho and other aquatic species in the Scott Watershed. The proposed project will be carried out on Sugar Creek, located within the “Yuba Dredge Tailings,” Etna, Siskiyou County, California.

On May 5, 2023, the North Coast Regional Water Quality Control Board (Regional Water Board) re- ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Sugar Refugia Phase 1 & 2.

The Regional Water Board de- termined that the Project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibili- ty requirements for coverage under the General 401 Order. The Regional Water Board issued a Notice of Applicability (WDID No. 1A23056WNSI; ECM PIN

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 20-Z 684 No. CW–888085) for coverage under the General 401 Order on 5/8/2023. The Council is requesting a determination that the project and associated documents are complete pursu- ant to Fish and Game Code

section 1653 subdivision (d). If CDFW determines the project is complete, the Council will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) or a Lake or Streambed Alteration Agreement under Fish and Game Code

section 1605 for the proposed project. In accordance with Fish and Game Code

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, the Council will have the opportunity to submit under Fish and Game Code

section 1652. DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR HOLE–IN–THE–GROUND RANCH SAFE HARBOR AGREEMENT 2089–2023– 001– 01 SISKIYOU COUNTY California Department of Fish and Wildlife (CDFW) received a notice on May 1, 2023, that Em- merson Investments, Inc. (Landowner) proposes to rely on a federal safe harbor agreement to carry out a project that may provide a net conservation benefit for the Southern Oregon Northern California Coast (SONCC) coho salmon evolutionarily significant unit (ESU) (Oncorhynchus kisutch), a species protected by the California Endangered Species Act.

The proposed project involves routine agricultural activities im- plemented according to avoidance and minimization measures, as well as beneficial management actions such as increased water delivery and habitat improve- ments intended to provide conservation benefits to the SONCC coho salmon ESU in the Shasta River. The proposed project will occur on seven parcels totaling 3,120 acres on Hole–in–the–Ground Ranch in central Siskiyou County, California. The notice requested a CDFW determination pur- suant to California Fish and Game Code

Section 2089.22, that the template safe harbor agreement dat- ed February 24, 2021, the Site Plan Agreement dated February 24, 2021, and the enhancement of survival permit number 23286 issued by the National Marine Fisheries Service to the Landowner on February 24, 2021, are consistent with the California State Safe Harbor Agreement Program Act (CSSHAPA) for pur- poses of the proposed Project. If CDFW determines the federal safe harbor agreement is consistent with CSSHAPA for the proposed Project, the Landowner will not be required to obtain a California state safe harbor agreement under Fish and Game Code

section 2089 for the Project. ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS OFFICE OF ADMINISTRATIVE LAW (PURSUANT TO TITLE 1,

SECTION 270, OF THE CALIFORNIA CODE OF REGULATIONS) The Office of Administrative Law has accepted for consideration a petition challenging two provisions in the California Laboratory Assessment Checklist (4/29/2021) and related correspondence alleged to re- quire a State Water Resources Control Board Environ- mental Laboratory Accreditation Program accredited laboratory’s Quality Manual (QM) to include both a general notification procedure and a similar drinking water notification procedure. (California Code of Reg- ulations, title 22,

section 64814.00, subdivisions (

b) and (c).) More specifically, the alleged underground regula- tions accepted for determination are found on pages 12 and 14 of the above–described checklist, respectively: (1) “Does the Quality Manual or referenced document, identify that if an analytical result warrants a client notification, then the notification shall occur after the Technical Manager, or designee, has approved of the result;” and (2) “Does the Quality Manual, or refer- enced document, detail procedures when client notifi- cation is required?” Please send your comments to: Mark Storm, Senior Attorney Office of Administrative Law 300 Capitol Mall, Suite 1250 Sacramento, CA 95814 Y ou must also send a copy of your comment to the petitioner and the agency contact person.

Petitioner: William Ray William Ray, Consulting, LLC 411 Roanoke Drive Martinez, California 94553 Agency contact:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 20-Z 685 Christine Sotelo State Water Resources Control Board 1001 I Street Sacramento, CA 95814 Please note the following timelines: Publication of Petition in Notice Register: May 19, 2023 Deadline for Public Comments: June 19, 2023 Deadline for Agency Response: July 3, 2023 Deadline for Petitioner Rebuttal: 15 days after receipt of the agency’s response Deadline for OAL Decision: September 18, 2023 OAL is not printing the petition or any attachments for practical reasons and space consideration. If you would like to receive a copy of the petition, please con- tact staff@oal.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 Pollution Control Financing Authority File # 2023–0428–01 California Capital Access Program for Small Businesses This emergency rulemaking action readopts, with- out amendment, a new regulation to specify the State Small Business Credit Initiative Program requirements for loans enrolled in the Capital Access Loan Program so as to conform to U.S. Treasury Department re - quirements for utilization of federal funds.

Title 04 Adopt: 8078.1 Filed 05/04/2023 Effective 05/04/2023 Agency Contact: Kamika McGill (916) 653–0289 California Workforce Development Board File # 2023–0417–04 Conflict–of–Interest Code This is a Conflict–of–Interest code fling that has been approved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing only.

Title 02 Amend: 58600 Filed 05/03/2023 Effective 06/02/2023 Agency Contact: Jeff Jacobstein (916) 698–5538 Department of Motor Vehicles File # 2023–0405–02 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 13 Amend: 1 Filed 05/10/2023 Effective 06/09/2023 Agency Contact: Randi Calkins (916) 282–7294 Office of Environmental Health Hazard Assessment File # 2023–0426–02 Chemicals Required By State or Federal Law To Have Been Tested for Potential To Cause Cancer or Reproductive Toxicity, but Which Have Not Been Adequately Tested as Required This request by the Office of Environmental Health Hazard Assessment, for filing with the Secretary of State and printing in the California Code of Regulations (CCR) of an amendment to

section 27000 of Title 27 of the CCR, is granted. This amendment is exempt from the rulemaking procedures of the Administrative Procedure Act pursuant to Health and Safety Code

section 25249.8(c). Title 27 Amend: 27000 Filed 05/04/2023 Effective 05/05/2023 Agency Contact: Kiana Vaghefi (279) 216–0002 Board of Chiropractic Examiners File # 2023–0322–01 Repeal

Article 1.5 — Sponsored Free Health Care Events Business and Professions Code

section 901, which was repealed by its own terms operative January 1, 2018, created an exemption from the licensure and registration requirements for a health care practitioner licensed or in good standing in another state or states who offers or provides health care services for which he or she is licensed or certified through a sponsored event. As changes without regulatory effect, in re- sponse to the repeal of Business and Professions Code

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 20-Z 686

section 901, the Board of Chiropractic Examiners is repealing regulations pertaining to sponsored events.

Title 16 Repeal: 309, 309.1, 309.2, 309.3, 309.4 Filed 05/04/2023 Agency Contact: Kristin Walker (916) 263–5365 California Department of Tax and Fee Administration File # 2023–0328–01 Registration, Reporting, and Reimbursement This regular rulemaking action by the California Department of Tax and Fee Administration adopts requirements for counties to register and report rev- enue determinations resulting from the Limitation on Property Tax Increases on Primary Residences for Seniors, the Severely Disabled, Wildfire and Natural Disaster Victims, and Families to receive reimburse- ment for any negative gains from the County Revenue Protection Fund.

Title 18 Adopt: 35401 Filed 05/10/2023 Effective 05/10/2023 Agency Contact: Kim DeArte (916) 309–5227 San Francisco Bay Conservation and Development Commission File # 2023–0327–02 Suisun Marsh Local Protection Program This action by the San Francisco Bay Conservation and Development Commission updates 124 individ - ual ownership adaptive management plans pursuant to Public Resources Code

section 29412.5 and is sub- mitted to OAL pursuant to Government Code

section 11354.1. Title 14 Amend: 11990 Filed 05/09/2023 Effective 05/09/2023 Agency Contact: Michael Ng (415) 352–3610 California Architects Board File # 2023–0323–01 Disciplinary Guidelines This rulemaking action by the California Architects Board amends the “Landscape Architects Technical Committee Disciplinary Guidelines and Model Orders,” which is incorporated by reference. Title 16 Amend: 2680 Filed 05/05/2023 Effective 07/01/2023 Agency Contact: Stacy Townsend (916) 575–7235 Commission on Peace Officer Standards and Training File # 2023–0323–02 Adoption of New Regulations Related to SB 2 This action adopts regulations to implement Senate Bill 2 (SB 2, stats. 2021,

chapter 409) which autho- rized the Commission on Peace Officer Standards and Training (POST) to take action against the certifica- tions of peace officers should POST determine serious misconduct occurred. The regulations also provide procedures for cancelling peace officer appointments to the POST agency roster when the appointments were submitted or approved inaccurately whether in- tentionally or unintentionally. Title 11 Adopt: 1203, 1204, 1206, 1207, 1208, 1209, 1210 Filed 05/05/2023 Effective 05/05/2023 Agency Contact: Michelle Weiler (916) 227–4870 Commission on Peace Officer Standards and Training File # 2023–0324–01 POSAAB & Commission Regulation — SB 2 Penal Code

section 13509.6 (added by Stats. 2021,

chapter 409,

section 9) established the Peace Officer Standards Accountability Advisory Board (POSAAB or the Board). The Board is required to hold pub- lic meetings to review the findings after an inves- tigation made by the Peace Officer Standards and Accountability Division (the “Division”) and to make a recommendation to the Commission on Peace Officer Standards and Training (the “Commission” or “POST”).

The Commission is required to review the recommendation made by the Board based on whether there is evidence that reasonably supports the Board’s conclusion that misconduct has been established and, if action is to be taken against an officer’s certification, return the determination to the Division to commence formal proceedings consistent with the Administrative Procedure Act. In this regular rulemaking, POST is adopting regulations regarding

(1) Board functions and responsibilities and (2) annual reporting require- ments pursuant to Penal Code

section 13512. Title 11 Adopt: 1211, 1214 Filed 05/04/2023 Effective 05/04/2023 Agency Contact: Michelle Weiler (916) 227–4870

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 20-Z 687 Physical Therapy Board of California File # 2023–0328–02 Clinical Service Requirement for Foreign Educated Applicants (PET) This rulemaking action by the Physical Therapy Board amends clinical service requirements for for- eign educated applicants to adopt, and incorporate by reference, the Federation of State Boards of Physical Therapy’s Supervised Clinical Practice Performance Evaluation Tool (PET) (rev. September 2013).

Title 16 Amend: 1398.26.5 Filed 05/09/2023 Effective 05/09/2023 Agency Contact: Brooke Arneson (916) 561–8276 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.