California Regulatory Notice Register — Register 2023, No. 24-Z (JUNE 16, 2023)

Cal. Reg. Notice Reg. 2023, No. 24

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 24-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JUNE 16, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2023–0606–07 ........................................ 763 AMENDMENT MULTI–COUNTY: Kern Water Bank Authority TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Amendment of Existing Commission Conflict–of–Interest Code — Notice File Number Z2023–0606–06 ................................................................................. 764 TITLE 2. FISCAL CRISIS MANAGEMENT AND ASSISTANCE TEAM Conflict–of–Interest Code Amendment — Notice File Number Z2023–0606–01 ............................... 765 TITLE 2. CALIFORNIA OCEAN SCIENCE TRUST Conflict–of–Interest Code — Notice File Number Z2023–0605–03 ......................................... 766 TITLE 5.

DEPARTMENT OF EDUCATION Amendment of Regulations Regarding Independent Studies — Notice File Number Z2023–0523–04 .............. 766 TITLE 9. DEPARTMENT OF STATE HOSPITALS Architectural and Engineering Contracts — Notice File Number Z2023–0524–01 ............................. 770 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Training and Testing Specifications for Peace Officer Basic Courses — Notice File Number Z2023–0605–02 ................................................................................. 773 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Temporary Suspension of Certification — Notice File Number Z2023–0606–08 ............................... 775 TITLE 16. CONTRACTORS STATE LICENSE BOARD Battery Energy Storage Systems — Notice File Number Z2023–0606–11 .................................... 777 (Continued on next page)

(Continued on next page) TITLE 16. DEPARTMENT OF CONSUMER AFFAIRS Proposed Action Concerning Fee Increase and Initial Licensure Period — Notice File Number Z2023–0606–05 .... 782 TITLE 22/MPP . DEPARTMENT OF SOCIAL SERVICES California Work Opportunities and Responsibility to Kids (CalWORKS) 60–Month Time Limit — Notice File Number Z2023–0602–03 ..................................................... 786 TITLE 22. DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION Hospital Financial Assistance and Bill Complaints — Notice File Number Z2023–0602–02 ..................... 788 TITLE 22.

STATE WATER RESOURCES CONTROL BOARD Hexavalent Chromium Maximum Contaminant Level — Notice File Number Z2023–0606–03 ................... 793 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Snow Crest Restoration Project, Tracking Number 1653–2023–114–001–R2, Placer County .............................................................. 804 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Shasta Springs Ranch Safe Harbor Agreement, Tracking Number 2089–2023–002–01, Siskiyou County ................................................. 804 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination No. 2089–2023–001–01, Shasta River, Siskiyou County ........................... 805 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination No. 2080–2023–006–02, Howsley Road Bridge Replacement Project, Sutter County ............................................................................ 809 OFFICE OF THE STATE FIRE MARSHAL Notice of Second Additional Written Comment Period ................................................... 813 PETITION DECISIONS DEPARTMENT OF HEALTH CARE SERVICES Response to Request for Reconsideration ............................................................. 813 STATE ENERGY RESOURCES CONSERV ATION AND DEVELOPMENT COMMISSION Denial of Petition for Rulemaking — Western States Petroleum Association .................................. 815

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 .

PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Candidate For Listing Via the Labor Code Mechanism Found Not to Meet the Listing Criteria: Antimony (Trivalent Compounds) ........................................................... 816 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Intent to List Chemicals by The Labor Code Mechanism: Anthracene, 2–Bromopropane, and Dimethyl Hydrogen Phosphite ................................................... 816

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 818

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 763 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 codes, will review the proposed/amended con- flict–of–interest code of the following: CONFLICT–OF–INTEREST CODE AMENDMENT MULTI–COUNTY: Kern Water Bank Authority A written comment period has been established commencing on June 16, 2023 and closing on July 31, 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 review the above–referenced conflict–of–interest code, 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 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 July 31, 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 codes because these are not new programs mandated on loal 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) 323–9103.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES 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 Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 323–9103.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 764 TITLE 2. F AIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the authority vested in it by the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code pro - poses to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulation at a public hearing on or after August 17, 2023 at the offic- es of the Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California, commenc- ing at approximately 10:00 a.m. Written comments should be received at the Commission offices no later than 5:00 p.m. on August 15, 2023. NOTICE OF INTENTION TO AMEND EXISTING CONFLICT–OF–INTEREST CODE The Commission is providing notice of its intention to review and amend 2 Cal. Code Reg.

Section 18351, the Commission’s conflict–of–interest code. Authority for this action is based on Government Code

Section 87306. A written comment period has been estab - lished commencing on June 16, 2023. Written com - ments concerning the proposed amendments should be directed to the Fair Political Practices Commission, Attention: Maria Almaraz, 1102 Q Street, Suite 3050, Sacramento, California 95811. For inquiries, call (916) 322–5660 or email malmaraz–mirazo@fppc.ca.gov. Any written comments relating to the proposed action should be received no later than August 15, 2023, in order for them to be considered by the agency before it amends its code.

The Commission has prepared an Initial Statement of Reasons as a written explanation of the reasons for the amendments. This Initial Statement of Reasons, the regulatory language of the proposed amendment, and other information upon which the proposed amend - ment is based are available to interested persons at the Commission’s address listed above.

After the Commission’s public hearing, the agency’s proposed conflict–of–interest code will be submitted to the agency’s Code Reviewing Body (i.e., the Attor- ney General’s Office) for its review. 1 The Political Reform Act is contained in Government Code sections 81000 through 91014. All further statutory references are to the Government Code. The regulations of the Fair Political Practices Commission are contained in sections 18110 through 18997 of Title 2 of the California Code of Regulations (hereafter Regulation). REGULATORY ACTION Amend 2 Cal. Cod Regs.

Section 18351: Pursuant to Government Code

Section 87306 and 2 Cal. Code Regs.

Section 18750, the Commission will amend its conflict–of–interest code due to changed circumstanc- es, including the creation of new positions which must be designated pursuant to Government Code

Section 87306 and relevant changes in the duties assigned to existing positions. Cover Page ● N o changes to any cover pages. Executive Office ● A ssociate Governmental Program Analyst and Staff Services Analyst were added to reflect the Commission’s Executive office current organiza- tion and positions and are assigned to category three, which is the disclosure category assigned to Executive staff other than category one filers. The positions’ decision making authority is limit- ed and category three requires disclosure of only those interests the position can affect in their de - cision making.

The disclosure category is nar - rowly tailored to economic interests relating to candidates, campaign committees, lobbyists and other persons regulated by the Commission. The positions do not have broad decision making au- thority so category one is not appropriate. The positions do not participate in Enforcement relat- ed decisions or matters so category 2 is not appro- priate. The positions will not be making or par - ticipating in making purchasing decisions for the Commission or the Executive office so categories 4 and 5 are not appropriate.

Legal Division ● T he Staff Services Manager II position was added to reflect the Commission’s current organization and is assigned to category three which is the cat- egory assigned to legal staff that are not Counsel. The Staff Services Manager II’s decision making authority is limited and category three requires disclosure of only those interests the Staff Ser - vices Manager II can affect in their decision mak- ing. Category three is narrowly tailored to eco - nomic interests relating to candidates, campaign committees, lobbyists and other persons regulat - ed by the Commission.

Enforcement Division ● C hief Investigator was retitled Supervising Spe - cial Investigator. The duties of this position have not changed. ● S upervising Management Auditor and Program Specialists were moved to the Audits and Assis - tance Division.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 765 Audits and Assistance Division ● The Audits and Assistance Division is a new Commission Division and added to reflect the Commission’s current organization. ● The Division Chief, like all Division Chiefs in the Commission’s code, is assigned to category one.

The Division Chief has broad decision–making authority and category one is the most appropri - ate disclosure category. ● The Supervising Management Auditor and Pro - gram Specialists that were previously listed in the Enforcement Division are now listed in the Au - dits and Assistance Division to reflect the Com - mission’s current organization. The duties of these positions have not changed. Administration and Technology Division ● No changes were made. Disclosure Categories ● No changes were made.

SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issues identified above or related issues. The Commission must determine that no alternative considered by the agency would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the pro - posed action. FISCAL IMPACT Fiscal Impact on Local Government. This regula - tion will have no fiscal impact on any local entity or program. Fiscal Impact on State Government.

This regula - tion will have no fiscal impact on any state entity or program. Fiscal Impact on Federal Funding of State Pro - grams. This regulation will have no fiscal impact on the federal funding of any state program or entity. The adoption of the proposed amendments: (1) will not impose a cost or savings on any state agency, local agency or school district that is required to be reim - bursed under

Part 7 (commencing with

section 17500) of Division 4 of Government Code (2) will not result in any nondiscretionary cost or savings to local agen - cies; (3) will not result in any cost or savings in federal funding to the state; (4) will not impose a mandate on local agencies or school districts; and (5) will not have any potential cost impact on private persons or busi - ness including small businesses. AUTHORITY

Section 83112 provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the purposed and provisions of the Political Reform Act. REFERENCE The purpose of this regulation is to implement, in - terpret, and make specific Government Code Sections 87300, 87302, 87303, 87306 and 87311. CONTACT Any inquiries concerning this proposal should be made to Maria Almaraz, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, telephone: (916) 322–5660 email: malmaraz–mirazo@fppc.ca.gov.

Proposed regulatory language can be accessed at http://www.fppc.ca.gov/. TITLE 2. FISCAL CRISIS MANAGEMENT AND ASSISTANCE TEAM NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Fiscal Cri- sis Management and Assistance Team, 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 June 16, 2023 and closing on August 7, 2023. All inquiries should be directed to the contact listed below. The Fiscal Crisis Management and Assistance Team 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 in- terest, 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: adding the positions of Chief Operations Officer, CSIS, Deputy Operations Officer, CSIS, and Chief Analyst 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 August 7 2023, or at the con -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 766 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 July 23, 2023. The Fiscal Crisis Management and Assistance Team 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: Michael H. Fine, Chief Executive Offi- cer, (661) 636–4308 and mfine@fcmat.org. TITLE 2.

CALIFORNIA OCEAN SCIENCE TRUST NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Ocean Science Trust, 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 June 16, 2023 and closing on July 31, 2023. All inqui- ries should be directed to the contact listed below. The California Ocean Science Trust proposes to amend its Conflict–of–Interest code to include em - ployee positions that involve the making or participa - tion 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 Gov - ernment Code. The amendment carries out the pur - poses of the law and no other alternative would do so and be less burdensome to affected persons. Other changes to the Conflict–of–Interest code in - clude: Updates related to the electronic filing process. Information on the code amendment is attached to this email. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than July 31, 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 July 16, 2023. The California Ocean Science Trust has deter - mined 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 amend - ment and any communication required by this notice should be directed to: Lori Zook, Director of Finance & Administration, Lori.zook@oceansciencetrust.org, 510.827.7440. TITLE 5.

DEPARTMENT OF EDUCATION AMENDMENT OF REGULATIONS REGARDING INDEPENDENT STUDIES NOTICE IS HEREBY GIVEN that the State Su - perintendent of Public Instruction (SSPI) proposes to adopt the regulation described below after consider - ing all comments, objections, or recommendations re- garding the proposed action. The SSPI invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period.

PUBLIC HEARING California Department of Education (CDE) staff, on behalf of the SSPI, will hold a public hearing at 9 a.m. on August 1, 2023, at 1430 N Street, Sacramento, Cal- ifornia. Any interested person may participate in the public hearing via Zoom meeting by logging in per the following instructions: ● Click the following link or paste the link to the browser to join the webinar and enter the password: https://us02web.zoom.us/j/82554925016 Meeting ID: 825 5492 5016

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 767 Passcode: 985603 ● To connect with audio only and no video, call one of the following telephone numbers and enter the meeting ID and password: +1 669 219 2599 US (San Jose) +1 213 338 8477 US (Los Angeles) Meeting ID: 825 5492 5016 Passcode: 985603 For persons interested in participating in the public hearing via Zoom, you may test in advance whether your computer is compatible with Zoom by visiting the following links: ● Clicking on the test link: https://zoom.us/test ● For any issues regarding connecting with Zoom, go to https://support.zoom.us/hc/en–us for assistance.

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

summary of their statements. No oral statements will be accepted subsequent to this public hearing. REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Un- ruh Civil Rights Act, any individual with a disability who requires reasonable accommodation to attend or participate in the public hearing on the proposed reg - ulation, may request assistance by contacting Elvia González, Whole Child Division, 1430 N Street, Suite 4102, Sacramento, CA, 95814; telephone, 916–319– 0277. It is recommended that assistance be requested at least two weeks prior to the hearing. Pursuant to Government Code

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

The description shall identify each addition to or deletion from the regulations by reference to the subdivision, paragraph, subparagraph, clause, or subclause within the proposed regulation containing the addition or de- letion. The description shall provide the express lan - guage proposed to be added to or deleted from the reg- ulations and any portion of the surrounding language necessary to understand the change in a manner that allows for accurate translation by reading software used by the visually impaired.

The CDE shall provide the information described above within 10 business days, unless the CDE deter - mines that compliance with this requirement would be impractical and notifies the requester of the date on which the information will be provided. Notwithstanding any other law, if information is provided to a requester as described above, the CDE shall provide that requester at least 45 days from the date upon which the information was provided to the requester to submit a public comment regarding the proposed regulation.

The CDE shall not take final action to adopt the regulation until the requester has submitted a public comment or the extended 45–day comment period expires, whichever occurs first.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to: Lorie Adame, Regulations Coordinator Administrative Support and Regulations Adoption Unit California Department of Education 1430 N Street, Room 5319 Sacramento, CA 95814 Comments may also be submitted by facsimile (FAX) at 916–322–2549 or by email to regcomments@ cde.ca.gov. Comments must be received by the Regulations Co- ordinator prior to or on August 1, 2023.

All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act. AUTHORITY AND REFERENCE Authority:

Section 51749.3, Education Code. Reference: Sections 35293, 48200, 48663, 48916.1, 49067, 51013, 51050, 51745, 51745.5, 51746, 51747, 51747.5, 51748, 51749.5 and 51749.6, Education Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Independent study, codified in Education Code (EC) sections 51744–51749.6, is provided as an alternative instructional strategy. Independent study pupils work independently, according to a signed agreement and under the general supervision of a credentialed teacher or teachers. While independent study pupils follow the curriculum adopted by the local educational agency (LEA) and meet all graduation requirements, indepen-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 768 dent study offers flexibility to meet individual pupil needs, interests and styles of learning. The CDE has provided key information and resourc- es on independent study programs since the legislation was first authorized in 1990–1991. Independent study was initially intended to serve child actors, aspiring Olympic athletes and other pupils whose schedules precluded regular classroom attendance.

The chang - ing needs of pupils and families has resulted in an in - crease in independent study participation, and, com - mencing with the 2015–2016 school year, an alterna - tive to the traditional independent study model was codified in EC sections 51749.5 and 51749.6.

While the traditional independent study instructional delivery is based on a time value of assignments as determined by the supervising instructor, the newer course–based independent study instructional delivery is based on enrollment in a certified LEA course or courses with attendance earned if all course requirements are met and the pupil is making satisfactory progress. Course– based independent study is not included in the current regulations. The unprecedented impacts of the Coronavirus pan- demic required an immediate statewide pivot to sup - port instructional continuity for pupils.

Independent study became the primary vehicle used to provide families with an alternative to in–person instruction. Assembly Bill (AB) Number 130 (Stats. 2021, chap - ter 44), as amended by AB Number 167 (Stats. 2021,

chapter 252), made substantive changes to indepen - dent study to clarify and strengthen pupil learning during quarantine. Subsequently, AB Number 181 (Stats. 2022,

chapter 52), as amended by AB Number 185 (Stats. 2022, ch 571), introduced additional changes to clarify inde - pendent study requirements and increase accountabil - ity for LEAs and pupils in fiscal year 2022–2023 and future years.

The objectives of these proposed regulations in - clude: 1) fulfilling the statutory requirements for course–based independent study; 2) the Legislature’s directives in AB Number 130/167 and 181/185 men - tioned above to align the regulations to current law; 3) to provide clarity to LEAs on the statutory require - ments for efficient and consistent administration and implementation of independent study programs; and 4) to elevate the flexibility inherent in independent study to enable a robust instructional program that supports continuity in learning in this alternative in - structional environment.

Anticipated Benefits of the Proposed Regulation The proposed regulatory action furthers the mission of the SSPI which is to provide world–class education for all students, from early childhood to adulthood. Benefits of enacting the proposed regulations include aligning these title 5 regulations with the statutory changes for course–based independent study, with changes from AB Number 130 (as amended by AB Number 167) and with changes from AB Number 181 (as amended by AB Number 185).

The proposed amended regulations will further clarify statutory re - quirements that will support LEAs in the administra - tion and implementation of their independent study programs and will elevate the flexibility inherent in independent study to enable a robust instructional program for the pupils participating in this alternative instructional strategy. Evaluation of Inconsistency/Incompatibility with Existing State Regulations An evaluation of the proposed regulations has deter- mined they are not inconsistent nor incompatible with existing regulations, pursuant to Government Code

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

Part 7 (commencing with

section 17500) of division 4 of the Government Code: None. Cost or savings to any state agency: None. Other non–discretionary costs or savings imposed on local agencies, including local educational agen - cies: None. Costs or savings in federal funding to the state : None Effect on housing costs: None. Significant, statewide adverse economic impact di - rectly affecting business including the ability of Cali - fornia businesses to compete with businesses in other states: None.

Cost impacts on a representative private person or businesses: The SSPI is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Report required: The proposed regulation does not require a report to be made. Effect on small businesses : The proposed regula - tion would not have an effect on any small business

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 769 because small businesses are not involved in the pro - posed regulation. RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment — Gov. Code

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

Benefits of the Proposed Action: The proposed reg- ulations will benefit pupils and families in California who are interested in a robust and high–quality edu - cational alternative to in–person instruction and will further benefit LEAs in their administration and im - plementation of independent study programs guided by these proposed regulations. There is no anticipated benefit to the health and welfare of California resi - dents, worker safety, or the State’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the SSPI must determine that no rea - sonable alternative it considered or that has other - wise been identified and brought to the attention of the SSPI, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

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

CONTACT PERSONS Inquiries concerning the content of these proposed regulations should be directed to: Elvia González, Education Programs Consultant Whole Child Division, California Department of Education 1430 N Street, Suite 4202, Sacramento, CA 95814 Telephone: 916–319–0277 Email: independentstudy@cde.ca.gov Inquiries concerning the regulatory process may be directed to Lorie Adame, Regulations Coordinator, or the backup analyst, Gerri White, at 916–319–0860. Both contacts may be reached by email at regulations@ cde.ca.gov or by telephone at 916–319–0860.

AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATION AND INFORMATION As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulations, the Initial State - ment of Reasons (ISOR) and Fiscal and Economic Impact Statement (STD. 399). These documents upon which the proposed action is based may be obtained upon request from the Regulations Coordinator. In ad- dition, this Notice, the text of the proposed regulations and the ISOR may also be viewed on CDE’s website at http://www.cde.ca.gov/re/lr/rr/.

AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SSPI may adopt the proposed regulations substantially as described in this Notice or may modify the proposed regulations if the modifications are sufficiently related to the original text.

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

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE You may obtain a copy of the Final Statement of Reasons, once it has been finalized, by making a writ- ten request to the Regulations Coordinator. All the information upon which the proposed reg - ulation is based is contained in the rulemaking file, which is available for public inspection by contacting the Regulations Coordinator.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 770 AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications highlighted, as well as the Final Statement of Reasons, when completed, and modi - fied text, if any, can be accessed via CDE’s website at http://www.cde.ca.gov/re/lr/rr/. TITLE 9. DEPARTMENT OF STATE HOSPITALS ARCHITECTURAL AND ENGINEERING CONTRACTS DIVISION 1. DEPARTMENT OF MENTAL HEALTH

CHAPTER 16. STATE HOSPITALS OPERATIONS

ARTICLE 5. CONTRACTS The Department of State Hospitals (Department) hereby gives notice of the proposed regulatory action described in this document. A public hearing regard - ing the proposal is not currently scheduled. Not later than 15 days prior to the close of the public comment period, any interested person, or their duly authorized representative, may make a written request for a pub - lic hearing pursuant to Government Code 11346.8, and a public hearing will be held.

Requests for a public hearing should be sent to: California Department of State Hospitals| Regulations, Policy, and Operations Unit RE: A&E Contracts Regulation 1215 O Street, MS–20 Sacramento, CA 95814 Phone: (916) 654–2478 Email: DSH.Regulations@dsh.ca.gov WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS Statements or arguments relevant to the proposed regulatory action may be submitted to the Department in writing, email, or facsimile to the address and num- ber listed above. All comments must be received by July 31, 2023.

Comments sent to persons or addresses other than that specified or received after the date and time spec- ified above may be included in the record of this pro - posed regulatory action but may not be summarized or responded to regardless of the manner of transmission. AUTHORITY AND REFERENCE Authority:

Section 4526, Government Code; sec - tions 4005.1, 4011, 4027 and 4101, Welfare and Insti- tutions Code;

section 11.05 of the State Contracting Manual — Volume 1. Reference: Sections 4525–4529.5, 4526, 4527, 4528, 4529, 4529.12, 4529.14, 14120, 14825, 14837, 14838, 87100, and 87100.1, Government Code;

Article XXII of the California State Constitution; sections 1102, 10105, 10115.1, 10124, 10250, 10251, and 10261, Public Contract Code;

section 21065, Public Resources Code; sections 7.33, 11.05, 11.06, and 11.08, State Contracting Manual — Volume 1; sections 92 and 94, Streets and Highways Code; Los Angeles Dredging Co. v. City of Long Beach (1930) 210 Cal. 348, 354–355; Los An - geles Gas & Electric Corp. (1922) 188 Cal. 307, 319; Grayden v. Pasadena Redevelopment Agency (1980) 104 Cal App. 3d 631, 635–637; and

section 999, Mili- tary and Veteran Code. INFORMATIVE DIGEST AND POLICY OVERVIEW

Summary of Existing Laws: Existing law,

chapter 10, division 5, title 1 of the Government Code, establishes a contracting process with private architects, engineering, land surveying, and construction project management firms. Pursu - ant to

Section 4526, selection by the Director of the Department for professional services shall be “on the basis of demonstrated competence and on the pro - fessional qualifications necessary for the satisfactory performance of the services required.”

Section 4526 further requires the development of regulations to im- plement this method of selection. Further,

chapter 10, division 5, title 1 of the Govern- ment Code, requires any development of procedures to prohibit practices which may result in unlawful ac - tivities. It mandates the head of each state agency to encourage firms to submit statements of qualifications and performance data and establishes a process for the review of such data for the selection of qualified firms to negotiate a contract for the services. Government Code

section 4226 and the State Con - tracting Manual

section 11.00 also establish that for departments to use A&E contracts, a process must be adopted into regulations.

Section 4530 et seq. of title 9 of the California Code of Regulations establishes a contracting process spe - cific to the Department. However, the current regula - tions do not specify that the Department may use one Invitation for Bid to hire multiple contractors, whether it’s on call retainers or project specific. Further, the current regulations do not clarify the authority for the Department to audit the contractor’s performance or

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 771 claims on architectural and engineering (A&

E) proj - ects. Finally, the provisions are not in a logical order, creating confusion when following the contract pro - cesses: Without these provisions implemented, the Department cannot effectively use the regulations. Effect of the Proposed Action: The proposed amendments implement the A&E contractual authority the Department may utilize un - der the law, including providing for audit authority over the contracts. These amendments also establish a process for the procurement of a contract for services to address emergency needs as defined.

Further, these amendments would present the regulations in a more logical order to clearly outline the steps required for this distinct contract process. Broad Objectives and Anticipated Benefits of the Proposed Regulation: The broad objectives of the regulations are to im - plement contractual authority the Department may use in accordance with existing law.

These regula - tions will organize the provisions of the regulation in a more logical reading order, establish a process for the procurement of contracts on an emergency basis, and clarify the ability for a designee to be delegated by the Director of the Department, as appropriate. These amendments will make the contracting process more efficient. The anticipated benefits of this action are an in - creased efficiency in the Department’s contracting process for A&E services. By establishing the abil - ity to delegate tasks to appropriate personnel, clari - fying various

definitions in the existing regulations, and implementing additional authority provided by law, including the ability to audit contracts for per - formance, the contracting process may be completed and implemented more efficiently, and the public will benefit from having a clearer understanding of the De- partment’s process.

Evaluation of Inconsistency or Incompatibility with Existing State Regulations: During the development of this proposed regulatory action, the Department reviewed existing regulations on this topic and concluded that the proposed regula - tion is neither inconsistent nor incompatible with ex - isting state regulations or statutes. In arriving at this conclusion, the Department reviewed the Welfare and Institutions Code, Penal Code, and title 9 of the Cali - fornia Code of Regulations. FORMS INCORPORATED BY REFERENCE None LOCAL MANDATE STATEMENT Mandate on local agencies and school districts : None.

FISCAL IMPACTS Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Cost or savings to any State agency: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the State: None. HOUSING COSTS Significant effect on housing costs: None.

SIGNIFICANT, STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS AND INDIVIDUALS The Department has made the initial determination that there will not be any significant, statewide ad - verse economic impact directly affecting businesses, including the ability of California businesses to com - pete with businesses in other states. STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT The adoption of the proposed regulations will nei - ther create nor eliminate jobs in the State of California, nor result in the elimination of existing businesses or create or expand businesses in the State of California.

The Department has made the determination that there will not be any significant cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action.

Benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment: W i t h t h e i m p l e m e n t a t i o n o f t h e s e r e g- ulations, the health and welfare of California resi - dents, as well as worker safety, may be improved as the clarification in the contracting process may result in an increased ability to contract with the Depart - ment. The Department, through these regulations and amendments, is committed to a transparent process and working with all California businesses to have the knowledge necessary to successful compete for contracts.

However, the Department will specifically encourage small businesses and DVBE businesses by participating in outreach programs and encouraging these businesses to become certified through the De -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 772 partment of General Services and to subscribe to the California State Contracts Register to receive adver - tisement notices. These actions are anticipated to be a positive for the qualified businesses of California, which will result in a more efficient economy over - all, positively affecting all California residents.

Lastly, these proposed amendments may benefit the State’s environment by streamlining the Department’s pro - cess, which may result in a reduced carbon footprint, a reduction in overall waste of resources, use of resourc- es, and energy costs. SMALL BUSINESS DETERMINATION The Department has determined that the proposed regulations do not affect small businesses nor is the Department aware of any cost impacts that a small business would necessarily incur due to the proposed regulations.

The processes defined in these regula - tions will be performed by existing Department staff and affect only Department positions related to the A&E contracts process. These amendments do not alter the experience requirement or other criteria nec - essary for a business to be awarded a contract to per - form the necessary services. As a result, the proposed regulation will neither create nor eliminate existing businesses within the State of California.

COST IMPACTS TO A REPRESENTATIVE PRIVATE PERSON OR BUSINESS 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.

STATEMENT OF ALTERNATIVES CONSIDERED The Department has determined that no reasonable alternative considered or that has otherwise been iden- tified and brought to the attention of the Department would be more effective in carrying out the purpose for which the regulations are proposed or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Department invites interested persons to submit statements or arguments with respect to alternatives to the proposed regulation during the comment period. CONTACT PERSONS The primary contact for this regulatory action is Anna Libonati, and the backup contact is Rachelle Sack. They can be reached by telephone at (916) 654– 2478 or email at DSH.Regulations@dsh.ca.gov. A V AILABILITY STATEMENTS The Department has prepared an Initial Statement of Reasons (ISOR) for the proposed regulatory action, which includes a

summary of the economic impacts of the proposal and all the information upon which the proposal is based, and the proposed text (the “express terms”) of the regulation. Copies of the proposed reg - ulation text and ISOR may be accessed on the Depart- ment’s website, listed below, or may be obtained from the Department using the contact information provid - ed in this document. Further, non–substantive inquiries concerning the proposed regulatory action may be directed to the contact person named in this document at (916) 654– 2478.

The Department has compiled a record of this rulemaking action, which includes all the information upon which the proposal is based and is available for inspection upon request to the contact persons. Following the close of the public comment period or date of the public hearing, if one is held, the Depart - ment may adopt the proposed regulations substantially as described in this notice or may modify the proposed regulation if the modifications are sufficiently related to the original text.

Except for non–substantive, tech - nical, or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption to all persons who testify or submit writ - ten comments during the public comment period, and all persons who request notification. Please address requests for regulations as modified to the contact per- son identified in this document. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons (FSOR) shall be available.

Copies may be requested from the contact person in this notice or may be ac - cessed on the Department’s website listed below. AVAILABILITY OF DOCUMENTS ON THE INTERNET This notice, the ISOR, the proposed regulation text, and all subsequent regulatory documents, including the FSOR, when completed, are available on the Department website at https://www.dsh.ca.gov/ Publications/Regulations.html.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 773 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATIONS 1005, 1007, AND 1008; TRAINING AND TESTING SPECIFICATIONS FOR PEACE OFFICER BASIC COURSES — LEARNING DOMAIN 3: PRINCIPLED POLICING IN THE COMMUNITY Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cal- ifornia Code of Regulations as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC)

section 11346.8, any interested person, or their duly authorized repre - sentative, 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 July 31, 2023.

Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Jennifer Hardesty at Jennifer.Hardesty@post.ca.gov, or by letter to: Commission on POST Attention: Jennifer Hardesty 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), and PC § 13506 (POST authority to adopt regulations). This proposal is intended to interpret, implement, and make specific PC § 13503(e), which authorizes POST to develop and implement programs to increase the effectiveness of law enforcement, in - cluding programs involving training and education courses.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW PC § 13510 requires that POST develop guidelines and a course of instruction and training for law en - forcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers. POST is responsible for the certification of these courses and implementing instructor training requirements for the instructors who teach in these courses.

During a review of existing course content related to History of Policing, it was discovered the di- rection provided to instructors as it relates to that topic was very minimal and did not provide clear direction as to the types of events they should be discussing. It was also discovered during conversations with pre - senters of the basic courses that the amount of time dedicated to the topic was very minimal because the course curriculum lacked direction. The implementation of these changes will provide additional direction to instructors and clarify the types of historical events to be discussed.

The modifications to the learning activity will require the students to spend more time researching and presenting back on what they have learned about historical events that have shaped relationships with the communities they will serve once they become sworn peace officers.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will provide clarification and clearer direction to instructors of the basic courses when teaching the History of Policing and require students attending the course to research and present back on events that have impacted policing and the communities, which will increase the efficiency of the state of California in delivering services to stakehold - ers.

Thus, the law enforcement standards are main - tained 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. DOCUMENTS INCORPORATED BY REFERENCE ● Training and Testing Specifications for Peace Of- ficer Basic Courses — revised April 1, 2022 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 774 Costs to any local agency or school district which must be reimbursed in accordance with Government Code sections 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 necessarily incur in reasonable compliance with the proposed 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 business 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 nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor 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 under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser - vices to stakeholders by providing clarity to the re - quirements for background inquiries when evaluat - ing a candidate for peace officer selection. Thus, the law enforcement standards are maintained and effec - tive in preserving 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 alter- native it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro - posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Jennifer Hardesty , Commission on POST, 860 Stillwater Road, Suite 100, West Sac - ramento, CA 95605–1630, at (916) 227–3917. General questions regarding the regulatory process may be di - rected to Katelynn Poulos at (916) 227–4894.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (t he “ex pr e s s t e r m s”) of t he r eg u lat ion s , t he i n it ia l st at e- ment of reasons, the modified text of the regulations, 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 located on the POST Web- site at https://post.ca.gov/Regulatory–Actions.

ADOPTION OF PROPOSED REGULATIONS/ AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod - ify the proposal if such modifications remain suffi - ciently related to the text as described in the Informa - tive Digest.

If the Commission makes changes 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 availability of such changes. A request for the modified text should be ad- dressed to the agency official designated 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 775 AVAILABILITY 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 available 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 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATION 1208 — TEMPORARY SUSPENSION OF CERTIFICATION Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to adopt a new regulation in Division 2 of Title 11, of the California Code of Regulations, as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC)

section 11346.8, any interested person, or their duly authorized representative, may request a public hear - ing. POST must receive the written request no later than 15 days prior to the close of the public comment period. Public Comments Due by July 31, 2023.

Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Michelle Weiler at michelle.weiler@post.ca.gov or by letter to: Commission on POST Attention: Michelle Weiler 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 On September 30, 2021, Governor Newsom signed Senate Bill (SB) 2. SB 2 made significant changes to existing Government and Penal Codes, respectively.

These changes provide for additional peace officer hir- ing eligibility requirements. SB 2 also grants POST the authority to certify all peace officers in California, and subsequently take action against those certifications, should POST determine serious misconduct occurred. While the peace officer eligibility hiring requirements went into effect on January 1, 2022, the remaining changes to Government and Penal Codes went into ef- fect on January 1, 2023. POST is continuing to assess the requirements of SB 2 and adopt new or amend cur- rent regulations to meet these requirements.

This rulemaking action clarifies and makes specific a peace officer’s right to respond to an Order of Imme- diate Temporary Suspension from the POST Execu - tive Director. The proposed amendment to Commis - sion Regulation 1208 in this rulemaking action will create regulatory language to establish peace officers’ due process right to respond to an Order of Immediate Temporary Suspension from the POST Executive Di - rector as well as the process for doing so.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments will establish peace officers’ due process right to respond to an Order of Immediate Temporary Sus - pension from the POST Executive Director and the process for doing so, which will increase the efficien - cy of the state of California in delivering services to stakeholders. Thus, law enforcement standards are maintained and effective in preserving public health, safety, and welfare in the state. The proposed amend - ments 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 this is the only regulation that concerns processes and procedures for peace offi- cers to respond to an Order of Immediate Temporary Suspension as issued by the POST Executive Director. FORMS INCORPORATED BY REFERENCE There are no forms to be incorporated by reference in this proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 776 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 sections 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 person 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 business because the regulation impacts individ- uals who typically do not own or operate small busi - nesses. Additionally, the Commission’s main function to select and maintain hiring, training, and certifica - tion standards for law enforcement has no effect finan- cially on small businesses.

RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor 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 under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser - vices to stakeholders by providing peace officers’ an opportunity to respond to information POST has re - lied upon to place their certification on a temporary hold through an Order of Immediate Temporary Sus - pension as issued under the authority of the POST Executive Director.

Thus, law enforcement licensing and enforcement procedures are equitable and serve to in preserving protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the state’s environment.

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Michelle Weiler, Commission on POST, 860 Stillwater Road, Suite 100, West Sacra - mento, CA 95605–1630 at (916) 227– 4870. General questions regarding the regulatory process may be di - rected to Katelynn Poulos at (916) 227–4894.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 777 modified text for 15 days after the date that the revised text is made available. AVAILABILITY 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 available for public inspection by contacting the person(

s) named above. TITLE 16. CONTRACTORS STATE LICENSE BOARD BATTERY ENERGY STORAGE SYSTEMS NOTICE IS HEREBY GIVEN that the Contrac - tors State License Board (hereafter Board or CSLB) is proposing to take the action described in the Infor - mative Digest below, after considering all comments, objections, and recommendations regarding the pro - posed action. 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. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No - tice, must be received by the Board at its office no later than August 2, 2023, or must be received by the Board at the hearing, should one be scheduled.

AUTHORITY AND REFERENCE Pursuant to the authority vested by Business and Professions Code (BPC) sections 7008 and 7059, and to implement, interpret, or make specific BPC sec - tion(s) 7058 and 7059, the Board is considering amend- ing sections in Division 8 of Title 16 of the California Code of Regulations (CCR), as described below. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 7008 authorizes CSLB to adopt rules and regulations in accordance with the Administrative Procedure Act that are reasonably necessary to car - ry out the provisions of the Contractors State License Law (CSLL).

Section 7058 establishes the specialty contractor license and defines “specialty contractor” as “a contractor whose operations involve the perfor - mance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.”

Section 7059 authorizes the Board to adopt rules and regula - tions that are reasonably necessary to put into effect the classification of contractors in a manner consis - tent with established usage and procedure found in the construction business. Consistent with that authority, by regulation, the Board has defined 43 specialty license subclassifica - tions in

section 832 of

Article 3 of Division 8, Title 16 of the CCR. This proposed regulation affects two of those specialty license classifications:

section 832.10, “Class C–10 — Electrical Contractor” and

section 832.46, “Class C–46 — Solar Contractor.” Existing law expressly authorizes the C–10 Electri - cal Contractor and the C–46 Solar Contractor classi - fications to install photovoltaic solar energy systems (PV systems), as follows: ● An electrical contractor places, installs, erects or connects any electrical wires, fixtures, appli - ances, apparatus, raceways, conduits, solar pho - tovoltaic cells or any part thereof, which gener - ate, transmit, transform or utilize electrical ener - gy in any form or for any purpose. (CCR, title 16, § 832.10.) ● A solar contractor installs, modifies, maintains, and repairs thermal and photovoltaic solar energy systems. A licensee classified in this

section shall not undertake or perform building or construc - tion trades, crafts, or skills, except when required to install a thermal or photovoltaic solar energy system. (CCR, title 16, § 832.46.) A PV system is a solar energy system that converts energy from the sun to electricity for an end user. Battery energy storage systems (BESS) are separate electrical systems that can complement PV systems. A BESS can store electrical energy for later use when the PV system is not generating electricity — for exam - ple, at night, or on cloudy days — or provide backup power during a utility outage. A BESS can be installed initially as part of a PV system installation, added to

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 778 an existing PV system at a future date, or installed separately to store energy from the power grid without the use of a PV system. With respect to storing energy, individual BESS capacities are measured in kilowatt– hours (kWh), which describes the maximum amount of electricity stored (in hours) when the battery is full. The Board has faced questions about the appropri - ate specialty license classification(

s) to install BESS as between C–10 and C–46 license contractor classifi- cations. There is no dispute

section 832.10 authorizes a C–10 Electrical Contractor to install BESS (because BESS generates, transmits, transforms, and/or utiliz - es electrical energy, consistent with the existing scope of the C–10 classification). However, the C–46 Solar Contractor classification is limited to work on (ther - mal and) PV solar energy systems, and

section 832.46 does not expressly include BESS. To the contrary,

section 832.46 expressly precludes the C–46 Solar Contractor from performing trades, crafts or skills outside the scope of the classification, unless required to install a thermal or PV system. Since 2016, the Board has worked with stakeholders to define the circumstances under which a C–46 Solar Contractor may install BESS. BPC

section 7059 similarly permits a specialty con- tractor (such as a C–10 or C–46) to contract outside of their classification to perform work in the craft or trade of another classification if that work “is in - cidental and supplemental to the performance of the work in the craft for which the specialty contractor is licensed.”

Section 831 of Title 16 of the CCR provides such work is “incidental and supplemental” when it is “essential to accomplish the work in which the con - tractor is classified.” There are no existing CSLB regulations that define BESS for the purpose of contractor license classifica - tions. There are no CSLB regulations that expressly specify that BESS is not part of a PV system, or when a BESS is “incidental and supplemental” or essential to a specialty contractor’s installation of a PV system. This proposal seeks to adopt such regulations. This proposal would: ● Add a new definition of “battery energy storage system” to

section 810, “Definitions,” of

Article 1, Division 8, of Title 16. ● Add “battery energy storage systems” to the de - scription of the C–10 Electrical Contractor classi- fication in

section 832.10, “Class C–10 — Electri- cal Contractor,” of

Article 3, Division 8, of Title 16. The proposal also replaces “solar photovolta- ic cells” in

section 832.10 with the more accurate “photovoltaic solar energy systems” from current

section 832.46. ● Revise the existing

section 832.46, “Class C–46 — Solar Contractor,” of

Article 3, Division 8, of Title 16, by adding two new paragraphs to estab - lish, for the purposes of the C–46 classification, that: (1) a BESS, as defined, is not required to in - stall a PV system and shall not be consid - ered within the scope of the C–46 Solar Contractor classification except as specified in the next subdivision; and (2) the C–46 installation of a BESS is inciden - tal and supplemental to the work of a C–46 Solar Contractor when the BESS is installed at the same time as PV system and the BESS rating does not exceed 80 kWh.

ANTICIPATED BENEFITS OF PROPOSAL Defining BESS and including it within the trade de- scriptions of the C–10 and C–46 classifications allows CSLB to set a minimum standard for licensure for those specialty contractors who work with this tech - nology. It allows CSLB to require license applicants to demonstrate BESS knowledge and experience and to include information about BESS in the CSLB license examinations. This ensures only those specialty con - tractors who are qualified to install BESS are licensed, and it prioritizes protection of the public as California advances toward its clean energy goals.

The proposed amendments will eliminate stated confusion about whether BESS is part of a PV sys - tem or a standalone electrical device for the purposes of CSLB specialty license classification descriptions.

Specifying that BESS is a standalone technology strictly appropriate for the C–10 Electrical Contractor classification — except in clearly defined circumstanc- es when a C–46 Solar Contractor is installing BESS at the same time as a PV system — ensures the Board is appropriately limiting the field and scope of the oper - ations of licensed contractors to those in which they are classified and qualified to engage, as required by BPC

section 7059. It further preserves the distinction between the two trades and their workforces. The proposed amendments will also eliminate stat - ed confusion about which specialty license classifica - tion(

s) can install BESS paired with PV systems. For the existing C–46 Solar Contractor workforce, the proposed amendments recognize that, although BESS are separate electrical systems, they have become a desirable supplement to PV system installations, and C–46 contractors can perform BESS installations when installing PV systems as part of their trade in specified circumstances. This preserves the practical differences between BESS and PV systems by treat - ing certain BESS installations as out–of–classification work for C–46 contractors at a specified threshold. It will aid C–46 licensees in knowing and complying

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 779 with a clear standard and aid the Board in enforcing the standard. The proposal also benefits the public by clearly de - fining the BESS installations that require specialized electrical knowledge and skill. By identifying an 80– kWh threshold above which BESS installation is ap - propriate only for other contractors, the proposal en - sures BESS is installed only by those contractors who have met the minimum qualifications, particularly the C–10 Electrical Contractor classification.

Finally, this proposal assures continuation of the businesses of C–46 Solar Contractors who are cur - rently installing PV systems paired with BESS. CSLB recognizes deployment of renewable energy systems in residential and light commercial applications is re - quired by the California Energy Code and is essen - tial for California’s clean energy goals. The popula - tion primarily affected by this proposal are the small share of contractors holding a C–46 classification and no other license classification that authorizes them to install BESS (i.e., a C–46 holding no C–10, “B”, or “A” classification).

According to 2020 Interconnection data, this population installed 601 BESS out of 13,073 total projects (4.6% of all projects), with an average BESS size of between 17.82 kWh, based on CSLB’s review of 556 BESS, or 19.2 kWh, based on CSLB’s review of the raw Interconnection data. (See June 2022 Staff Report, p. 13.) Even using a different data set, the Self–Generation Incentive Program (SGIP) data, between 2015 and 2020, this population installed 1,223 BESS out of 19,194 total projects (6.4% of all projects) with an average BESS size of between 14.04 kWh, based on CSLB’s review of 556 BESS, and 17.15 kWh, based on CSLB’s review of the raw SGIP data.

In other words, by any measure, C–46 contractors (holding no other license classification authorizing them to install BESS) typically install only a small share of BESS projects, and those projects are usual - ly well under the 80–kWh threshold recommended in this proposal (June 2022 Staff Report).

Whereas the UC Berkeley Report and other prior proposed regu - latory changes would have precluded the C–46 Solar Contractor classification from installing BESS entire - ly, this proposal ensures the continuation of the busi - nesses of C–46 Solar Contractors holding no other license classification consistent with the types of in - stallations prevalent in the C–46 marketplace.

EVALUATION OF CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing this regulatory proposal, CSLB has conducted a search for any sim - ilar regulations on this topic and has concluded that these proposed regulations are neither inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. The proposed regulations do not result in a fiscal impact to the state.

The amendments are intended to clarify existing regulations by defining BESS and scope of practice for licensees and are not anticipated to result in additional costs to the state. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agen - cies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re - quire Reimbursement: None. Significant Effect on Housing Costs (and, if appli- cable, including any estimated costs of compliance or potential benefits of a building standard): None.

BUSINESS IMPACT ESTIMATES The Board has made the initial determination the proposed regulations will not have a significant state - wide adverse economic impact directly affecting busi- nesses (including the inability of California businesses to compete with businesses in other states).

This initial determination is based on the following facts: ● The Board has determined the only types of busi- nesses that may be affected are licensed contrac - tors who hold a C–46 Solar Contractor classifica- tion and no other license classification that autho- rizes the contractor to install BESS (i.e., a C–46 that holds no C–10, “A”, or “B” classification).

Businesses holding a C–10 classification will not be adversely affected as C–10 contractors may in- stall BESS without limitation and this regulation would continue to allow such installations. ● As of August 2022, there were 481 C–46 Solar Contractors who do not hold any other license classification authorizing them to install BESS (i.e., a C–46 and no C–10, “B”, or “A” classifi - cation).

Ostensible impact to the 481 licensees would be twofold, to those who are: (1) current - ly in the business of installing PV systems paired with a BESS; and (2) installing PV systems paired with BESS at a kWh rating higher than 80 kWh. According to the 2020 Interconnection data, this

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 780 population installed 601 BESS out of 13,073 to - tal projects (4.6% of all projects), with an aver - age BESS size of between 17.82 kWh, based on CSLB’s review of 556 BESS, or 19.2 kWh, based on CSLB’s review of the raw Interconnection data. (See June 2022 Staff Report, p. 13.) Even using a different data set, the SGIP data, between 2015 and 2020, this population installed 1,223 BESS out of 19,194 total projects (6.4% of all proj- ects) with an average BESS size of between 14.04 kWh, based on CSLB’s review of 556 BESS, and 17.15 kWh, based on CSLB’s review of the raw SGIP data.

In sum, the 481 C–46 contractors holding no other license classification authorizing them to install BESS only install between 4.6% and 6.4% of all BESS projects, a small share of the overall number of projects. And based on the average size of installations by this population, most of the projects they perform are at kWh ca - pacities much lower than 80 kWh, if they install BESS at all (some solar contractors may only in - stall PV systems and not BESS). As a result, the number of licenses potentially affected is insuffi- cient to create a statewide adverse economic im - pact.

Indeed, the UC Berkeley Report concluded that completely “precluding or restricting C–46 (no C–10, A, or

B) contractors will have a negli - gible effect on the current pool of contractors, be- cause only a tiny fraction of current BESS instal- lations has been carried out by contractors hold - ing only a C–46 license without an A, B, or C–10 license.” (UC Berkeley Report, p. 37.) Cost Impact on Representative Private Person or Business The Board 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.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses The Board has determined that this regulatory pro - posal will impact the creation of jobs and new busi - nesses, the elimination of jobs and existing business - es, and the expansion of businesses in the State of Cal- ifornia, as follows: ● It will not significantly create or eliminate jobs within the State of California.

The UC Berke - ley Report estimated as of June 2021, there were 6,317 non–electrical solar installers and 4,204 electrician solar installers (i.e., workers, not li - censed contractor employers) in California. (UC Berkeley Report, p. 81.) The UC Berkeley Report conducted an economic analysis of the workforce impact of precluding the C–46 from installing BESS entirely to make it the exclusive domain of the C–10.

UC Berkeley found that if C–46 con - tractors holding no other license classification authorizing them to install BESS were preclud - ed from installing BESS entirely, it might equate to the loss of between 11 and 18 full–time jobs in the residential market statewide (UC Berkeley Report, p. 29).

While no comparable analysis was conducted for the commercial market, C–46 con- tractors mostly install BESS at sizes commonly found in the residential market, and UC Berkeley found that their participation in the commercial market was “negligible” and reported at “0%,” according to SGIP data (UC Berkeley Report, pp. 26, 28, figure 11). This proposal does not pre- clude C–46 contractors from installing BESS en- tirely. Instead, the proposed regulation will per - mit C–46 contractors to continue installing BESS over and above the project sizes that they already typically install.

Indeed, UC Berkeley conclud - ed that a restriction of 5 kw and 20 kWh “would basically maintain the status quo.” (UC Berkeley Report, pp. 5, 14, 31.) The Board is proposing an 80–kWh restriction, far greater than the restric - tion that UC Berkeley called “the status quo.” The Board therefore concludes that any job im - pact will be significantly less than the minimal impact established by UC Berkeley if the Board were to completely preclude C–46 contractors from installing BESS.

Any C–46 Solar Contrac - tor without another license classification seeking to install BESS above 80 kWh may opt to apply for a C–10 Electrical Contractor license for $230. ● It will not create new businesses or eliminate ex - isting businesses within the State of California. This proposal impacts how a single technology within an existing marketplace — the BESS– paired PV system installations — will be char - acterized for the purpose of defining the scope of existing specialty contractor license classifica- tions.

No existing business that already installs BESS paired with PV systems, is precluded en - tirely from installing BESS paired with PV sys - tems as a result of this proposal. ● It will not adversely affect the expansion of busi- nesses currently doing business within the State of California. BESS paired with PV systems is an emerging and expanding business already con - ducted by C–10 and C–46 businesses. Benefits of Regulation The Board has determined this regulatory proposal will have the following benefits to health and welfare

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 781 of California residences, worker safety, and the state’s environment. ● This regulatory proposal will positively affect the health and welfare of California residents. In Cal- ifornia, in general, a contractor’s license is re - quired to affix an electrical device to a structure if the contract exceeds $500 for labor and mate - rials. The California Electrical Code requires all connections regulated by the Code to be made by qualified persons (Cal. Electrical Code, title 24,

Part 3,

article 100). However, BESS has been un- defined for the purposes of CSLB contractor li - cense classifications. When it is unclear which li- cense classification(

s) can install which technolo- gy with an accompanying risk of electrical shock or fire, consumers are at risk. This proposal will set the minimum standards for licensure for the C–46 and C–10 specialty trades that will work with this technology.

This establishes who is qualified to install BESS and in which capacities for the purpose of specialty contractor licensing, which in turn will provide public protection in the marketplace for PV systems paired with BESS. ● This regulatory proposal benefits worker safety because it ensures that only appropriately skilled workers install BESS, and safety standards are being met for licensed contractors who work with BESS and employ workers to do so.

As discussed, electrical system connections required at thresh - olds above 80 kWh are more appropriate for C–10 contractors, and the proposed regulation ensures that only qualified contractors install BESS. Ad - ditionally, pursuant to the California Residential and Fire Codes, 80 kWh is the maximum allow - able capacity for BESS that can be installed for a residential occupancy within common residential locations. (Cal. Residential Code, CCR, title 24,

Part 2.5, § R328.5, Cal. Fire Code, CCR, title 24,

Part 9, § 1207.11.4). Above 80 kWh, more rigorous safety standards are applied to the installation of BESS. If a C–10 license is required to equip a PV system with a BESS above 80 kWh, an installing worker may also be required to secure electrical certification that meets the requirements of Cal - ifornia’s Division of Apprenticeship Labor Stan - dards Enforcement (see

Chapter 4.5 (commenc - ing with § 108) of Division 1 of the Labor Code) for a skilled workforce trained in electrical safety. ● The Board preliminarily believes (1) there is no evidence that the proposed regulations, if adopt - ed, “may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment,” and (2) that it may determine with certainty that there is no possibility the proposed regulations may have a significant effect on the environment. (Pub.

Resources Code, § 21065; CCR, title 14, § 15061, subdivision (b)(3).) Further information regarding CSLB’s preliminary determinations is provided in the Initial Statement of Reasons. Business Reporting Requirements The regulatory action does not require businesses to file a report with the Board. Effect on Small Business The Board has determined that the proposed regula- tions will not affect small businesses.

Although small businesses owned by licensees of the Board may be impacted, the Board does not maintain data relating to the number or percentage of licensees who own a small business; therefore, the number or percentage of small businesses that may be impacted cannot be determined. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Board must determine that no rea- sonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed; would be as effective and less burdensome to affected private persons than the proposal described in this Notice; or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law.

Any interested person may submit comments to the Board in writing relevant to the above determinations at 9821 Business Park Drive, Sacramento, CA 95827 during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Rea - sons, proposed regulatory text, and all the information on which this proposal is based.

This material is con - tained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board, at 9821 Busi - ness Park Drive, Sacramento, CA 95827.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 782 AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request 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 exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the person designat - ed in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared by making a writ - ten request to the Contact Person named below or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Diana Godines Address: Contractors State License Board 9821 Business Park Drive Sacramento, CA 95827 Telephone Number: (916) 255–0541 Fax Number: (916) 364–0130 E–Mail Address: Diana.godines@cslb.ca.gov The backup contact person is: Name: Yeaphana La Marr Address: Contractors State License Board 9821 Business Park Drive Sacramento, CA 95827 Telephone Number: (916) 255–3977 Fax Number: (916) 364–0130 E–Mail Address: Yeaphana.lamarr@cslb.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regu - lations with modifications noted, as well as the Final Statement of Reasons when completed, and modified text, if any, can be accessed through the CSLB’s Laws and Regulations webpage at https://www.cslb.ca.gov/ about_us/library/laws/.

TITLE 16. PROFESSIONAL FIDUCIARIES BUREAU PROPOSED ACTION CONCERNING FEE INCREASE AND INITIAL LICENSURE PERIOD NOTICE IS HEREBY GIVEN that the Profes - sional Fiduciaries Bureau (Bureau) is proposing to take the action described in the Informative Digest be- low, after considering all comments, objections, and recommendations regarding the proposed action.

PUBLIC HEARING Any person interested may present statements or arguments orally or in writing relevant to the action proposed at a hearing to be held at: Department of Consumer Affairs 1625 North Market Blvd 1st Floor Hearing Room, Suite # S–102 Sacramento, CA 95834 Thursday, August 3, 2023 10 a.m.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or e–mail to the addresses listed under “Contact Person” in this Notice, must be received by the Bureau at its office no later than Wednesday, August 2, 2023, by 5 p.m., or must be received by the Bureau at the hearing.

AUTHORITY AND REFERENCE Pursuant to the authority vested by section(s) 6517 and 6538 of the Business and Professions Code (BPC), and to implement, interpret, or make specific BPC section(s) 6592, the Bureau is considering amending section(s) 4428, 4568, 4575, and 4580 of title 16 of the California Code of Regulations (CCR).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 783 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This regulatory proposal will amend Title 16 CCR sections 4428, 4568, 4575, and 4580. The amendments to regulations through this pro - posed rulemaking are as follows: CCR 4428(

a) will clarify that an initial profession - al fiduciary license expires 12 months after issuance; will remove provisions aligning an initial license ex - piration date with the licensee’s birth month; and, will remove the provision that no license shall be issued for less than 12 months or more than 24 months. CCR 4428(

b) will delete a cross–reference to CCR 4580 related to proration of initial licensing fees. CCR 4568(c)(1) will clarify that the initial license period for an inactive license reinstated to active is 12 months. CCR 4575 (c)(1) will clarify that the initial license period for a retired license reinstated to active is 12 months. CCR 4580(

a) will increase the fee for an initial ap - plication to take the licensing examination from $400 to $600 commencing January 1, 2024. CCR 4580(

b) will increase the fee for an initial li - cense from $600 to $1,300, CCR 4580(

b) is also be - ing amended to clarify that the increased fee amount will apply to applicants who pass the examination de - scribed in

section 4500 on or after January 1, 2024. CCR 4580(

b) will also remove a reference to the pro - ration of initial licensing fees. CCR 4580(

c) will increase the fee for a renewal li - cense application from $700 to $1,300.

Section 4580(

c) is also being amended to clarify the increased renewal fee will be effective for licenses expiring on March 31, 2024. CCR 4580(f)(3) will increase the fee for the rein - statement of an inactive license to active from $700 to $1,300 commencing January 1, 2024. CCR 4580(f)(3) will also remove a reference to the proration of initial licensing fees. CCR 4580(g)(2) will increase the fee for the rein - statement of a retired license to active from $700 to $1,300 commencing January 1, 2024. CCR 4580(g)(2) will also remove a reference to the proration of initial licensing fees.

Anticipated Benefits of Proposal This regulatory proposal will allow the Bureau to remain solvent while implementing new statutory re - quirements and continuing to carry out its consumer protection mandate. This regulatory proposal will also clarify that the duration of an initial license shall not exceed 12 months better align it to existing statute. This alignment will also reduce up–front costs for licensees, improving access to licensure, and will sim- plify the licensing system by keeping the same length of time for initial licenses and renewal licenses.

This regulatory proposal does not affect the health and welfare of California residents, worker safety, or the state’s environment. Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the Bureau has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither duplicative, inconsis- tent, nor incompatible with existing state regulations.

DISCLOSURES REGARDING THIS PROPOSED ACTION The Bureau has made the following initial determinations: FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Bureau indicates because the fees are already being assessed and the proposed regulations only increase the fee amount lev- els, no additional workload costs are anticipated. The Bureau estimates the proposed regulations will increase revenues by approximately $509,900 per year.

The proposed fee levels are projected to result in total annual revenues of approximately $1,104,600 per year and up to $11,046,000 over a ten–year period. The Bureau notes, because the inactive and retired license status designation recently became effective in January 2023, the Bureau does not currently have suf- ficient data to provide an estimate of individuals that may opt to reinstate and does not have fiscal workload or revenue estimates related to license reinstatement at this time. The Bureau estimates one–time information tech - nology (IT) costs of $4,000 to update cashiering and accounting software.

Any IT costs will be absorbed within existing resources. These regulations will not result any costs or sav - ings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agen - cies: None. Local Mandate: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re- quire Reimbursement: None. BUSINESS IMPACT ESTIMATES The Bureau has made the initial determination that the proposed regulatory action to increase fees may

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 784 have significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states; specifically, professional fiduciaries.

The Bureau has made the initial determination that the pro- posed regulatory action to set an initial license period to one year and omit references to a prorated license fee would not have significant statewide adverse eco - nomic impact directly affecting business, including the ability of California businesses to compete with businesses in other states; specifically, professional fiduciaries. Without increasing fees, the Bureau will not be able to sufficiently implement the new requirements of

Chapter 417, Statutes of 2021 (AB 1194) or meet its consumer protection mandate. This initial determina - tion is based on the following: ● The fee for an initial application would increase by 50 percent. This amount may be prohibitive for new applicants who may decide to pursue an- other profession with a lower barrier to entry. ● The fee for an initial license application would in- crease by 117 percent.

This amount may be pro - hibitive for new applicants who may decide to pursue another profession with a lower barrier to entry. ● The fees for a renewal license application, rein - statement from inactive to active, and reinstate - ment from retired to active would increase by 86 percent. This amount may be prohibitive for licensees who carry a small case load or who do not meet the threshold number of clients requir - ing licensure. These licensees may choose not to renew due to the increase, which may negatively impact the Bureau’s revenue.

The following types of businesses would be affected: ● Professional fiduciaries The following reporting, recordkeeping or other compliance requirements are projected to result from the proposed action: ● None. The Bureau considered proposed alternatives that would lessen any adverse economic impact on busi - ness and invites you to submit such proposals. Sub - missions may include the following considerations: (

A) The establishment of differing compliance or re - porting requirements or timetables that take into account the resources available to businesses. (

B) Consolidation or simplification of compliance and reporting requirements for businesses. (

C) The use of performance standards rather than prescriptive standards. (

D) Exemption or partial exemption from the regula - tory requirements for businesses. The rulemaking file includes the facts, evidence, documents, testimony, and/or other evidence which supports this determination. Cost Impact on Representative Private Person or Business The cost impacts that a representative private per - son or business would necessarily incur in reason - able compliance with the proposed action and that are known to the Bureau follow.

The regulations will in - crease Bureau application and license fees as follows: ● Application: $400 to $600 ● Initial License: $600 to $1,300 ● Renewal License: $700 to $1,300 ● Reinstatement from Inactive to Active: $700 to $1,300 ● Reinstatement from Retired to Active: $700 to $1,300 RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS: Impact on Jobs/Businesses The Bureau has made the initial determination that the proposed regulatory action will not have any im - pact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the ex - pansion of businesses in the State of California.

Benefits of Regulation The Bureau has determined that this regulatory proposal will have the following benefits to the health and welfare of California residents, worker safety and state’s environment: This regulatory proposal would benefit the welfare of California residents because it would preserve the Bureau’s fiscal solvency allowing it to continue pro - tecting consumers through the licensing and regula - tion of professional fiduciaries. This regulatory proposal does not affect worker safety because it is unrelated to worker safety.

This regulatory proposal does not affect the state’s environment because it is unrelated to the environment. Business Reporting Requirements The regulatory action does not require businesses to file a report with the Bureau.

Effect on Small Business The Bureau has made the initial determination that the proposed regulatory action to raise fees may neg - atively impact small businesses as the proposal would increase the application fee by $200; the initial license fee by $700; the renewal license fee by $600; the re - instatement of an inactive license to active by $600; and, the reinstatement of a retired license to active by $600. The Bureau has made the initial determination that the proposed regulatory action to set an initial li -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 785 cense period to one year and omit references to a pro - rated license fee would not have any impact on small business. Without increasing fees, the Bureau will not be able to sufficiently implement the new requirements of AB 1194 or meet its consumer protection mandate. Significant Effect on Housing Costs: None. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Bureau must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed; would be as effective and less burdensome to affected private persons than the proposal described in this No- tice; or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may submit comments to the Bureau in writing relevant to the above determina - tions at 1625 North Market Boulevard, Suite S–209, Sacramento, California 95834. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Bureau has compiled a record for this regula - tory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based. This ma- terial is contained in the rulemaking file and is avail - able for public inspection upon request to the contact persons named in this notice.

TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, any document incorporated by reference, the ISOR, and all of the information upon which the pro - posal is based, may be obtained upon request from the Bureau at 1625 North Market Boulevard, Suite S–209, Sacramento, California 95834.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Bureau, upon its own motion or at the request of any interested party, may thereafter adopt the propos - als substantially as described below or may modify such proposals if such modifications are sufficient - ly related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly in - dicated, will be available for review and written com - ment for 15 days prior to its adoption from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Angela Cuadra Address: Professional Fiduciaries Bureau 1625 North Market Boulevard, Suite S–209 Sacramento, CA 95834 Telephone Number: 916–574–7498 Fax Number: 916–574–8645 E–Mail Address: angela.cuadra@dca.ca.gov The backup contact person is: Name: Rebecca May Address: Professional Fiduciaries Bureau 1625 North Market Boulevard, Suite S–209 Sacramento, CA 95834 Telephone Number: 916–574–7340 Fax Number: 916–574–8645 E–Mail Address: rebecca.may@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Actions, the ISOR, and the text of the regulations with modifications not- ed, as well as the Final Statement of Reasons when completed, and modified text, if any, can be accessed through the Bureau’s website at https://fiduciary. ca.gov/laws_regs/index.shtml.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 786 TITLE 22/MPP. DEPARTMENT OF SOCIAL SERVICES ITEM # CALIFORNIA WORK OPPORTUNITIES AND RESPONSIBILITY TO KIDS (CALWORKS) 60–MONTH TIME LIMIT The California Department of Social Services (CDSS) hereby gives notice of the proposed regulato- ry action(

s) described below. A public hearing regard- ing this proposal is not currently scheduled. Not later than 15 days prior to the close of the public comment period, any interested person, or his or her authorized representative, may make a written request for a pub - lic hearing pursuant to Government Code

section 11346.8, and a public hearing will be held. Requests for a public hearing should be sent to: California Department of Social Services Office of Regulations Development 744 P Street, MS 8–4–192 Sacramento, CA 95814 Tel: (916) 657–2856, Fax: (916) 653–7395 Email: ord@dss.ca.gov Statements or arguments relating to the proposals may be submitted in writing, e–mail, or by facsimi - le to the address/number listed above. All comments must be received by August 1, 2023.

Following the public comment period, CDSS may thereafter adopt the proposals substantially as de - scribed below or may modify the proposals if the modifications are sufficiently related to the original text. Except for nonsubstantive, technical, or gram - matical changes, the full text of any modified proposal will be available for 15 days prior to its adoption to all persons who submit written comments during the public comment period, and all persons who request notification. Please address requests for regulations as modified to the agency representative identified below.

Copies of the express terms of the proposed regula - tions and the Initial Statement of Reasons are available from the office listed above. This notice, the Initial State- ment of Reasons and the text of the proposed regulations are available on the internet at CDSS Public Comment Period for Proposed Regulations ( https://www.cdss. ca.gov/inforesources/letters–regulations/legislation– and–regulations/regulations–home–page/cdss– regulation–changes–in–process–and–completed– regulations/public–hearing–information).

Additional - ly, all the information which CDSS considered as the basis for these proposed regulations (i.e., rulemaking file) is available for public reading at the address listed above. Following the public comment period, copies of the Final Statement of Reasons will be available at the above address. CHAPTERS CDSS Manual of Policies and Procedures, Sections 40–107, 42–301, 42–302, 42–431, 44–133, 44–307, 44–316, 82–504, and 82–833.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW California Work Opportunity and Responsibility to Kids (CalWORKs) is a public assistance program that provides cash aid and services to eligible families that have a child(ren) in the home. The proposed regulatory amendments are the re - sult of Assembly Bill (AB) 79,

Chapter 11, Statutes of 2020, which amends time–on–aid (Welfare and In - stitute Codes (WIC)

section 11454) effective May 1, 2022. In addition, the proposed regulations include policy clarifications; the addition of the Executive Order (EO) time limit exemptions pursuant to EOs N–29–20, N–69–20, N–75–20; and updated MAP amounts in Time–on–Aid handbook sections pursuant to SB 187 (Chapter 50, Statutes of 2022,

Section 47), WIC

section 11450 and AB 128,

Chapter 21, Statutes of 2021, Item 5180–101–001, Provision 18. The proposed regulatory amendments make the fol- lowing revisions to the Time–on–Aid regulations: ● Replaces the CalWORKs 48–month time limit with 60 months pursuant to AB 79 (WIC

section 11454). ● Gender–specific pronouns are replaced with gen- der neutral pronouns. ● Adds the COVID–19 CalWORKs time limit ex - emptions pursuant to Executive Orders N–29–20, N–69–20, N–75–20). ● Updates MAP amounts in Handbook Sections pursuant to SB 187 (WIC

section 11450) and AB 128,

Chapter 21, Statutes of 2021, Item 5180–101– 001, Provision 18. This regulatory action is designed to strengthen needy families by increasing the amount of time eligi- ble adults may receive CalWORKs aid from 48 to 60 months. This impacts CalWORKs families by increas- ing cash aid and supportive services families receive by 12 additional months. The department conducted a review of existing reg- ulations and evaluated the proposed regulations for any inconsistency or incompatibility. The proposed regulations are neither inconsistent nor incompatible with existing state regulations but do fulfill the intent of the legislation in enacting AB 79.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 24-Z 787 COST ESTIMATE 1. Costs or Savings to State Agencies: There is no fiscal impact from these regulations beyond what is already budgeted and enacted in statute. The 2022 May Revision includes $10,894,000 for as - sistance and $22,216,000 for services totaling $33,110,000 for the CalWORKs Time Limit res - toration from 48 to 60 months. 2. Costs to Local Agencies or School Districts Which Must Be Reimbursed in Accordance with Government Code Sections 17500–17630: N/A 3.

Nondiscretionary Costs or Savings to Local Agencies: There is no fiscal impact from these regulations beyond what is already budgeted and enacted in statute. The 2022 May Revision in - cludes $1,654,000 for CalWORKs Time Limit restoration from 48 to 60 months. 4. Federal Funding to State Agencies: There is no fiscal impact from these regulations beyond what is already budgeted and enacted in statute. The 2022 May Revision includes $53,608,000 for as - sistance, $88,673,000 for services, and $1,421,000 for automation totaling $143,702,000 for the CalWORKs Time Limit restoration from 48 to 60 months.

LOCAL MANDATE STATEMENT These regulations do not impose a mandate upon local agencies, nor on school districts. There are no “state–mandated local costs” in these regulations which require state reimbursement under

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

Section 17513 of the Govern - ment Code. STATEMENT OF SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has made an initial determination that the proposed action will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California busi - nesses to compete with businesses in other states. This determination is made based on the proposed regula - tory action, which was designed to impact state and county agencies and recipients of the CalWORKs pro- gram and would not affect businesses.

STATEMENT OF POTENTIAL COST IMPACT ON 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. This regulatory action is designed to impact only the CalWORKs population in order to aid and strengthen needy families and there are no known expected costs associated to the individuals.

SMALL BUSINESS IMPACT STATEMENT The CDSS has made the determination that the pro- posed regulations do not affect small businesses be - cause these regulations are only applicable to state and county agencies and CalWORKs program recipients. Therefore, they do not have a cost impact on the pri - vate sector, including small businesses. STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT The adoption of the proposed amendments will nei- ther create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or create or expand businesses in the State of California.

The implementation of this regulatory action will ben- efit CalWORKs applicants and recipients by extend - ing the time a family can receive aid from 48 to 60 months. There are no additional benefits for worker safety or the state’s environment, as the regulations only affect individuals receiving CalWORKs

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2023, No. 24
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	ee1638972fe46abd01b8c2d224de0ca6f9f891bb

Source file is stored in the law ingest library (pdf).