Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 6-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW FEBRUARY 10, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. CIVIL RIGHTS DEPARTMENT Proposal to Replace Sections 11140 through 11200 of the California Code of Regulations with Amended Regulations in Proposed Sections 14000 et seq. — Notice File Number Z2023–0131–05 ............ 119 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2023–0131–04 ......................................... 121 AMENDMENT MULTI–COUNTY: Antelope Valley Community College District Fairfield–Suisun Unified School District Golden Gate Bridge, Highway and Transportation District John Adams Academies STATE AGENCY: Department of Social Services ADOPTION MULTI–COUNTY: California Municipal Finance Agency Special Finance Agency TITLE 2. STATE TREASURER’S OFFICE Conflict–of–Interest Code — Notice File Number Z2023–0130–02 ......................................... 122 TITLE 4.

HORSE RACING BOARD Veterinary and Training Records for Horses Requiring Training Soundness Examination — Notice File Number Z2023–0130–03 ................................................................. 123 TITLE 5. COMMISSION ON TEACHER CREDENTIALING PK–3 Early Childhood Education Specialist Credential — Notice File Number Z2023–0130–04 ................. 127 TITLE 20. ENERGY COMMISSION Amendment of the Home Energy Rating System (HERS) Regulations — Notice File Number Z2023–0130–01 ................................................................. 130 (Continued on next page)

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination No. 1653–2022–102–001–R1, Phase 1 Rockwads Project, Shasta County .............................................................................. 135 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination No. 2080R–2022–021–02, Stone Lakes Restoration Project – Serra Property, Sacramento County ................................................................. 137 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination No. 2080R–2022–019–03, Bolinas Lagoon Wye Wetland Resiliency Project, Marin County ........................................... 139 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Public Comment Period and Workshops on Draft Reference Exposure Levels for Trimethylbenzenes (TMBs) ........................................................................ 142 DEPARTMENT OF SOCIAL SERVICES Second 45–Day Comment Period on Conflict–of–Interest Code Amendments ................................. 142 PETITION DECISION DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Regarding Petition for The Cessation of Certain Prepayment Controls Used by The Department and for Rulemaking on Volume Spikes .................................................. 143

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................... 143 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 119 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. CIVIL RIGHTS DEPARTMENT GOVERNMENT CODE

SECTION 11135 ET SEQ. REGULATIONS The Civil Rights Council (Council) of the Civil Rights Department (CRD) proposes to replace sec- tions 11140 through 11200 of the California Code of Regulations with amended regulations set forth in new proposed sections 14000 et seq. after considering all comments, objections, and recommendations regard- ing the proposed action.

PUBLIC HEARING The Council will hold a public hearing starting at 12:00 p.m. on April 3, 2023, at the following location: https://us02web.zoom.us/j/86905615920 and/or 1–669–444–9171 — Meeting ID: 869 056 15920 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 Council requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing. The meeting facilities are accessible to individuals with physical disabilities.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in the meeting, should contact Mimi De Ville, CRD ADA Coordinator, at (844) 541–2877 (voice or via re- lay operator 711) or TTY (800) 700–2320 or via email: mimi.deville@dfeh.ca.gov or accommodations@ dfeh.ca.gov as soon as possible or at least 72 hours be- fore the meeting. WRITTEN COMMENT PERIOD Any interested person, or their authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Council.

The written comment period closes on April 3, 2023, at 5:00 p.m. The Council will consider only comments received by the end of that day. Written comments can be mailed to: Civil Rights Council c/o Rachael Langston, Senior Fair Employment and Housing Counsel Civil Rights Department 555 12th Street — Suite 2050 Oakland, CA 94607 Telephone: (916) 478–7251 Comments may also be submitted by email to FEHCouncil@dfeh.ca.gov. AUTHORITY AND REFERENCE Government Code

section 12935(

a) authorizes the Council to adopt these proposed regulations. The pro- posed regulations implement, interpret, and make spe- cific sections 11135 et seq. of the Government Code. INFORMATIVE DIGEST/ POLICY STATEMENT OVERVIEW This rulemaking action clarifies, makes specific, and supplements existing state regulations interpret- ing

Article 9.5 of

Chapter 1 of Division 3 of Title 2 of the Government Code (“

Article 9.5” or “Government Code sections 11135 et seq.”).

Article 9.5 addresses discrimination in state–funded and state–adminis - tered programs and activities because of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disabil- ity, medical condition, genetic information, marital status, or sexual orientation. In compliance with the Administrative Procedure Act, the Council proposes to adopt these rules as duly noticed, vetted, and authorized regulations. The over- all objective of the proposed regulations is to further implement, interpret, and/or make specific

Article 9.5. This action has the specific benefits of ensuring the regulations’ consistency with current state (and, where applicable, federal) caselaw, statutes, and reg- ulations; and decreasing the number of

Article 9.5 violations through providing comprehensive guidance to state–administered and state–funded programs and activities. The Council has determined that the proposed amendments are not inconsistent or incompatible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the Council has concluded that these are the only reg- ulations that concern

Article 9.5.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 120 DISCLOSURES REGARDING THE PROPOSED ACTION The Council has made the following initial determinations: Mandate on local agencies and school districts: No additional mandate beyond that imposed by exist- ing law. Cost or savings to any state agency: No addition- al costs or savings beyond those imposed by existing law. Cost to any local agency or school district, which must be reimbursed in accordance with Government Code sections 17500 through 17630: None.

Other nondiscretionary cost or savings imposed on local agencies: No additional costs or savings be- yond those imposed by existing law. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or businesses: No additional costs or savings beyond those imposed by existing law. Therefore, the agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Results of the economic impact assessment/ analysis: The Council anticipates that the adoption of the regulations will not impact the creation or elimina- tion of jobs within the state, the creation of new busi- nesses or the elimination of existing businesses within the state, or the expansion of businesses currently do- ing business within the state.

To the contrary, adoption of the proposed amendments is anticipated to benefit the health and welfare of California residents as well as state–funded and state–administered programs and activities by clarifying and streamlining the operation of the law, making it easier to understand respective rights and obligations, and reducing litigation costs. These regulations would not affect the environment.

Statewide adverse economic impact directly af - fecting businesses and individuals: The Council has made an initial determination that the proposed action will not have a significant statewide adverse econom- ic impact directly affecting businesses, including the ability of California businesses to compete with busi- nesses in other states. Significant effect on housing costs: None. Small Business Determination: The Council an- ticipates that the regulations will not create addition- al costs or savings beyond those imposed by existing regulations.

Similarly, the Council has determined that there is no impact on small businesses as a result of this proposed action because these regulations pri- marily serve to clarify existing law. Business Report: The Council has determined that the proposed regulations do not require a report to be made. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Council must determine that no reasonable alternative it considered or that has oth- erwise been identified and brought to the Council’s attention would be more effective in carrying out the purpose for which this action is proposed, or 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 Council has thus far not become aware of a bet- ter alternative and invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Rachael Langston, Senior Fair Employment and Housing Counsel Civil Rights Department 555 12th Street — Suite 2050 Oakland, CA 94607 Telephone: (916) 478–7251 Email: rachael.langston@dfeh.ca.gov The backup contact person for these inquiries is: Mariel Block, Senior Fair Employment and Housing Counsel Civil Rights Department 555 12th Street — Suite 2050 Oakland, CA 94607 Telephone: (916) 478–7251 Email: mariel.block@dfeh.ca.gov Please direct requests for copies of the proposed text (express terms) of the regulations, the Initial Statement of Reasons, any modified text of the proposed regula- tions, or other information upon which the rulemaking is based, should other sources be used in the future, to Rachael Langston at the above address.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 121 A V AILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Council will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above Oakland address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, and the Initial Statement of Reasons. Copies may be obtained by contacting Rachael Langston at the address, email, or phone number listed above.

A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all time- ly and relevant comments received, the Council may adopt the proposed regulations substantially as de- scribed in this notice. If the Council makes modifi- cations that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Council adopts the regu- lations as revised. Please send requests for copies of any modified regulations to the attention of Rachael Langston at the address indicated above.

The Council will accept written comments on the modified regula - tions for 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Rea- sons will be available on the Council’s webpage: https://calcivilrights.ca.gov/civilrightscouncil/. Copies also may be obtained by contacting Rachael Langston at the above address.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, the text of the regulations, any modified texts, and the Final Statement of Reasons can be accessed through the Council’s webpage at https:// calcivilrights.ca.gov/civilrightscouncil/. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the uthority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of–interest codes, will review the proposed/ amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT M U LT I – COU N T Y: Antelope Valley Community College District Fairfield–Suisun Unified School District Golden Gate Bridge, Highway and Transportation District John Adams Academies STAT E AGENCY: Department of Social Services ADOPTION M U LT I – COU N T Y: California Municipal Finance Agency Special Finance Agency A written comment period has been established commencing on February 10, 2023 and closing on March 27, 2023.

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

If a public hear- ing is requested, the proposed codes will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code

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

Any written comments must be received no later than March 27, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 122 COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

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

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

A V AILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 2.

STATE TREASURER’S OFFICE NOTICE OF INTENTION TO AMEND CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that FIONA MA, the Treasurer of the State of California, pursuant to the authority vested in her by Government Code sections 87300 through 87302, and 87306, proposes to amend the conflict–of–interest code.

Pursuant to Government Code sections 87300 through 87302, and 87306, the conflict–of–interest code designates employees and others who must disclose certain investments, income, interests in real property, and business positions, and who must disqualify themselves from making or par- ticipating in the making of governmental decisions af- fecting those interests.

The amendment includes: ● Deletion of a multi–member body chaired by the State Treasurer ● Deletion of designated positions ● Addition of a multi–member body chaired by the State Treasurer ● Addition of designated positions Copies of the proposed amended code are available and may be requested from the agency contact set forth below. WRITTEN COMMENT PERIOD A written comment period has been established commencing on February 10, 2023 and terminating on March 31, 2023.

Any interested person may submit written comments concerning the proposed conflict– of–interest code amendment no later than March 31, 2023 to: State Treasurer’s Office Attention: Spencer Walker, General Counsel 915 Capitol Mall, Room 110 Sacramento, CA 95814 A public hearing on this matter will not be held un- less no later than 15 days prior to the close of the writ- ten comment period, an interested person or his or her representative submits to the agency contact set forth below a request for a public hearing.

The State Treasurer has prepared a written explana- tion of the reasons for the designations, disclosure cat- egories, and disclosure responsibilities, and has avail- able all of the information upon which the proposed amendment is based.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 123 AGENCY CONTACT Copies of the proposed amendment to the conflict– of–interest code and all of the information upon which the amendment is based may be obtained from, and any inquiries concerning the proposed amendment should be directed to: State Treasurer’s Office Attention: Spencer Walker 915 Capitol Mall, Room 110 Sacramento, CA 95814 (916) 653–2995 spencer.walker@treasurer.ca.gov ALTERNATIVES CONSIDERED The State Treasurer must determine that no alterna- tive considered by the State Treasurer would be more effective in carrying out the purpose for which the ac- tion is proposed or would be as effective and less bur- densome to affected private persons than the proposed action.

The State Treasurer has determined that the pro- posed amended code: 1. Imposes no mandate on local agencies or school districts. 2. Imposes no cost or savings on any State agency. 3. Imposes no cost on any local agency or school district that is required to be reimbursed under

part 7 (commencing with

section 17500) of divi- sion 4 of title 2 of the Government Code. 4. Will not result in any nondiscretionary cost or savings to local agencies. 5. Will not result in any cost or savings in federal funding to the State. 6. Will not have any potential cost impact on pri- vate persons or businesses, including small businesses. TITLE 4. HORSE RACING BOARD

ARTICLE 2.

DEFINITIONS RULE 1420.

DEFINITIONS

ARTICLE 15. VETERINARY PRACTICES RULE 1846. RACING SOUNDNESS EXAMINATION RULE 1846.1. VETERINARY RECORDS FOR HORSES SHIPPING INTO AN INCLOSURE TO RACE RULE 1846.2. TRAINING SOUNDNESS EXAMINATION RULE 1846.3. VETERINARY AND TRAINING RECORDS FOR HORSES REQUIRING TRAINING SOUNDNESS EXAMINATION The California Horse Racing Board (Board) pro- poses to add or amend each regulation described be- low after considering all comments, objections, and recommendations regarding the proposed action.

PROPOSED REGULATORY ACTION The Board proposes to add Board Rule 1846.2, Training Soundness Examination, and Board Rule 1846.3, Veterinary and Training Records for Horses Requiring Training Soundness Examination, to re- quire a horse that has not recorded a work or race in the past 90 days to be subject to a veterinary examina- tion for training soundness and health and to require the trainer to submit to the regulatory veterinarian, prior to the examination, the veterinary treatment and training records for the previous 60 days, respective- ly. Additionally, the Board proposes to amend Board Rule 1420,

Definitions, to define the term “regula- tory veterinarian,” which is used in proposed Board rules 1846.2 and 1846.3. Finally, the Board proposes to amend Board Rule 1846, Racing Soundness Ex- amination, to set forth minimum requirements for the Racing Soundness Exam, in conformity with the

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 124 Horseracing Integrity and Safety Authority (HISA) federal regulations, and to amend Board Rule 1846.1, Veterinary Records for Horses Shipping into an In- closure to Race, to require a trainer to submit a vet- erinary treatment record to the official veterinari- an within 24 hours of a horse arriving at a licensed inclosure and before any scheduled race or workout, add requirements to the veterinary treatment record, and require the official veterinarian to keep all veteri- nary treatment records submitted for each horse.

PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au- thorized representative, no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested persons, or their authorized repre- sentative, may submit written comments about the proposed regulatory action to the Board. The writ- ten comment period closes on March 27, 2023. The Board must receive all comments by that time.

Submit comments to: Rick Pimentel, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 274–6043 Fax: (916) 263–6042 Email: repimentel@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited:

Section 19440, 19562, 19563, and 19583.9, Business and Professions Code (BPC). Ref- erence: Sections 19401, 19401(e), 19420, 19440, and 19562, BPC. Sections 337(f), (g), and (h), Penal Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 19440 provides that the Board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of Horse Racing Law. Responsibilities of the Board shall include, but not be limited to, adopting rules and regulations for the protection of the public and control of horse racing and parimutuel wagering. BPC

section 19562 provides that the Board may prescribe rules, regulations, and conditions, consistent with Horse Racing Law, under which all horse races with wagering on their results shall be conducted. BPC

section 19563 provides that the Board may adopt any rules and regulations of the United States Trotting Association, not inconsistent with Horse Racing Law, for the regulation of harness racing. BPC

section 19583.9, in part, provides that all horses at licensed race meets shall be subject to veter- inary monitoring during morning training. The proposed rulemaking will have the effect of further reducing horse fatalities by requiring a Train- ing Soundness Exam. Horse fatalities have continued to decrease annually as a result of regulatory actions taken by the Board.

However, the decrease in fatali- ties has highlighted the fact that catastrophic injuries caused by a return to training after an extended layoff now account for a large proportion of all catastrophic injuries and fatalities, despite a decrease in such inju- ries. In fiscal year (FY) 2020–2021, 12.5% of fatalities could have potentially been prevented, while in FY 2021–2022, 23% of fatalities could have potentially been prevented, with the Training Soundness Exam rule. So far in FY 2022–2023, 10% of fatalities could have potentially been prevented.

Indeed, Bimson et al (2022) concluded that horses with extended periods between starts are at increased risk of catastrophic in- jury and should be carefully monitored early during training preparation. In short, this rule proposal could potentially have prevented 27 fatalities in the past two and a half years alone. These injuries involve fractures in the humerus, scapula, tibia, and pelvic bones. In light of these findings, the Board has determined that additional regulation is needed to establish a train- ing soundness examination to help reduce such cat- astrophic injuries.

Additionally, the recent implemen- tation of HISA ’s federal regulations requires that the Board’s rule regarding the Racing Soundness Exam be amended. The proposed regulatory action will add Board Rule 1846.2 to require a training soundness exam for hors- es prior to returning to training after having gone 90 days or more without a recorded work or race. The proposed regulatory action will also add Board Rule 1846.3 to require the trainer to submit veterinary treat- ment and training records to a regulatory veterinarian prior to the training soundness exam.

Additionally, the proposed action will amend Board Rule 1420 to define the term “regulatory veterinarian,” which is used in proposed Board rules 1846.2 and 1846.3. The proposed regulatory action will also amend Board Rule 1846 to establish minimum requirements, in conformity with HISA ’s federal regulations, for the Racing Soundness Exam, require the trainer or knowl- edgeable representative to present the horse for exam- ination, give the regulatory veterinarian the authori- ty to determine the location of the exam, and require documentation of said exam.

Finally, the proposed action will amend Board Rule 1846.1 by requiring the

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 125 trainer to submit a veterinary treatment record to the official veterinarian within 24 hours of a horse arriv- ing at a licensed inclosure and before any scheduled race or workout. It will also add requirements to the veterinary treatment record and require the official veterinarian to keep all veterinary treatment records submitted for each horse.

ANTICIPATED BENEFIT OF THE PROPOSED REGULATION The proposed regulatory action will benefit the health and welfare of race horses and provide for con- sistency with HISA ’s federal regulations and within the Board’s regulations. The addition of Board rules 1846.2 and 1846.3 will establish the Training Sound- ness Exam and require the submission of veterinary treatment and training records prior to the exam, respectively, which will help prevent certain fractures that are common when returning to training after an extended layoff, thereby reducing the risk for cata- strophic injury.

The amendment of Board Rule 1420 will define the term “regulatory veterinarian,” which is used in proposed Board rules 1846.2 and 1846.3.

The amendment of Board Rule 1846 will add mini- mum requirements to the Racing Soundness Exam, in conformity with federal regulations, while the amend- ment of Board Rule 1846.1 will require the trainer to provide a veterinary treatment record to the official veterinarian within 24 hours of a horse arriving at a licensed inclosure and before any scheduled race or workout, add certain requirements to the veterinary treatment record, and require the official veterinarian to keep all veterinary treatment records submitted for each horse.

CONSISTENCY EVALUATION Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of developing the regulatory action, the Board conducted a search of any similar regulations on the topics and concluded that the term “regulatory veterinarian” is not defined in any rule, as is proposed for the amend- ment of Board Rule 1420; Board Rule 1846 is the only regulation that sets forth the Racing Soundness Exam and its requirements; Board Rule 1846.1 is the only regulation that requires the submission of a veterinary treatment record for horses shipping into an inclosure to race or to work for removal from the Veterinarian’s List and sets forth the requirements for the veterinary treatment record; proposed Board Rule 1846.2 would be the only regulation that sets forth the Training Soundness Exam and its requirements; and proposed Board Rule 1846.3 would be the only regulation that requires the submission of veterinary treatment and training records pertaining to the Training Soundness Exam and that sets forth the requirements for the veter- inary treatment record and training record.

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

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

The proposed regulatory action will require a Train- ing Soundness Exam for horses prior to returning to training after having gone 90 days or more without a recorded work or race, require the trainer to submit veterinary treatment and training records to a regu- latory veterinarian prior to the Training Soundness Exam, and define the term “regulatory veterinarian.” It will also establish minimum requirements for the Racing Soundness Exam, require the trainer or knowl- edgeable representative to present the horse for exam- ination, give the regulatory veterinarian the authori- ty to determine the location of the exam, and require documentation of said exam.

Finally, the proposed regulatory action will require the trainer to submit a veterinary treatment record to the official veterinarian within 24 hours of a horse arriving at a licensed inclo- sure and before any scheduled race or workout, add requirements to the veterinary treatment record, and require the official veterinarian to keep all veterinary treatment records submitted for each horse.

The following studies/relevant data were relied upon in making the above determination: Bimson, N., Morrice–West, A., Wong, A., Hitchens, P ., Rocca, M., & Whitton, R. “Catastrophic Musculoskeletal Injuries in Thoroughbred Racehorses in Uruguay, 2011–2017.” Journal of Equine Veterinary Science 117 (2022) 104074.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 126 Cost impact on representative private persons or businesses: none. The Board 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 effect on housing costs: none.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS The adoption of the proposed regulatory action will not ( 1 ) create or e liminate j obs wi thin the state ; (2) create new businesses or eliminate existing busi- nesses within the state; (3) result in the expansion of businesses currently doing business with the state; or (4) benefit the health and welfare of California resi- dents, worker safety, or the state’s environment. The proposed regulatory action will benefit the health and welfare of race horses and provide for consis- tency with HISA ’s federal regulations and within the Board’s regulations.

The proposed regulatory action is not anticipated to benefit worker safety or the state’s environment. Effect on small business: none. The proposed regulatory action does not affect small business because small businesses are not legally required to comply with or enforce the regulations and neither derive a benefit nor incur a detriment from the enforcement of the regulations.

The proposed regulatory action will require a Training Soundness Exam for horses prior to returning to training after having gone 90 days or more without a recorded work or race, require the trainer to submit veterinary treatment and training records to a regulatory veterinarian prior to the Training Soundness Exam, and define the term “regulatory veterinarian.” It will also establish minimum requirements for the Racing Soundness Exam, require the trainer or knowledgeable representative to present the horse for examination, give the regulatory veterinarian the authority to determine the location of the exam, and require documentation of said exam.

Finally, the proposed regulatory action will require the trainer to submit a veterinary treatment record to the official veterinarian within 24 hours of a horse arriving at a licensed inclosure and before any scheduled race or workout, add requirements to the veterinary treatment record, and require the official veterinarian to keep all veterinary treatment records submitted for each horse. CONSIDERATION OF ALTERNATIVES In accordance with GC

section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative considered by the Board or that has other wise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private 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 Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other infor- mation upon which the rulemaking is based should be directed to: Rick Pimentel, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 274–6043 Fax: (916) 263–6042 Email: repimentel@chrb.ca.gov If the person named above is not available, interest- ed parties may contact: Amanda Drummond, Manager Regulations, Industry Applications, and Administrative Hearings Telephone: (916) 869–3255 Email: amdrummond@chrb.ca.gov A V AILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its offices at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, and the initial state- ment of reasons. Copies of these documents, or any of the information upon which the proposed rulemaking is based, may be obtained by contacting Rick Pimentel or the alternative contact person at the address, phone number, or email address listed above. A V AILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 127 the proposed regulation substantially as described in this notice. If modifications are made that are suffi- ciently related to the originally proposed text, the modified text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulation. Requests for copies of any modified regulation should be sent to the attention of Rick Pimentel at the address stated above.

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

The rulemaking file consists of this no- tice, the proposed text of the regulation, and the initial statement of reasons. The Board’s website address is www.chrb.ca.gov. TITLE 5. COMMISSION ON TEACHER CREDENTIALING PK–3 EARLY CHILDHOOD EDUCATION SPECIALIST CREDENTIAL The Commission on Teacher Credentialing (Com- mission) proposes to take the regulatory action de- scribed below after considering all comments, objec- tions, and recommendations regarding the proposed action. A copy of the proposed regulations is included with the added text underlined and the deleted text lined out.

The Commission has not scheduled a public hearing on this proposed action. However, the Commission will hold a hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the comment period.

SUMMARY OF THE EFFECT OF THE PROPOSED ACTION The Commission on Teacher Credentialing (Com- mission) proposes amendments to Title 5 of the Cal- ifornia Code of Regulations (CCR), 80067, 80067.1, 80067.2, 80067 to implement the updated PK–3 Early Childhood Education (ECE) Specialist Credential and the accompanying Program Preconditions, Program Standards, and Teaching Performance Expectations (TPEs). WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep- resentative, may submit written comments relevant to the proposed action by fax, through the mail, or by email.

The written comment period closes March 27, 2023. Comments must be received by that time or may be submitted at the public hearing, should one be re- quested. Interested parties may fax their response to (916) 327–3165; write to the Commission on Teach- er Credentialing, Attention: Christina Villanueva, Commission on Teacher Credentialing, 1900 Capitol Avenue, Sacramento, California 95811; or submit an email to Christina Villanueva (Christina. Villanueva@ ctc.ca.gov) or Sandra Burwick (Sandra.Burwick@ctc. ca.gov).

Any written comments received by the closing of the public comment period will be reproduced by the Commission’s staff for each member of the Commis- sion as a courtesy to the person submitting the com- ments and will be included in the written agenda pre- pared for and presented to the full Commission at the hearing. AUTHORITY AND REFERENCE Education Code (EC)

section 44225(

q) authorizes the Commission to adopt the proposed regulations and amendments. These regulations are proposed in order to implement, interpret, and make specific the following: Education Code

section 44225(

b) and (e), 44256(c), 44259.7, 44265, 44265.5, 44325(c)(4), 44227.7, 44373, pertaining to the PK–3 Early Child- hood Education Specialist Credential. INFORMATION DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations The Commission is required by Education Code

section 44225(

a) to “Establish professional standards, assessments, and examinations for entry and advance- ment in the education profession.” The Commission is also tasked with promulgating regulations that both clarify and specify the requirements associated with the various teaching and services credentials that it issues. When promulgating regulations, the Commis- sion must ensure that it has the statutory authority to support the requirements and preparation pathways

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 128 described within those regulations. Education Code

section 44225(

q) provides the Commission with clear authority to “propose appropriate rules and regula- tions” that support the sections of the Education Code that fall under Commission authority. Education Code also authorizes the Commission to issue credentials in various teaching specialties, in- cluding but not limited to bilingual education, early childhood education, and special education in sec- tion 44265.

The statute requires that these specialist teaching credentials shall be based upon 1) a bacca- laureate degree from a regionally accredited institu- tion of higher education, 2) completion of a program of professional preparation, and 3) any other standards which the Commission may establish. The authority to determine the content of such a program of profession- al preparation and any other standards required for the credential, is expressly authorized by this statute and is supported through the regulatory process.

This rulemaking action proposes amendments to the CCR relating to the early childhood education spe- cialist credential established in 44265. These proposed amendments establish an updated version of this cre- dential called the PK–3 ECE Specialist Credential and include the accompanying Program Preconditions, Program Standards, and TPEs. The amendments in- clude the proposed requirements for earning the PK–3 ECE Specialist Credential and present pathways and options for candidates to complete each of the pro- posed credential requirements.

This work is respon- sive both to the direction provided by the state’s Mas- ter Plan for Early Learning and Care and to the need for additional ECE teachers to support the statewide Universal Transitional Kindergarten (UTK) imple- mentation as called for in the Governor’s budget.

In October 2020, California’s Health and Human Services Agency released the Master Plan for Early Learning and Care, establishing a vision of ensuring that all California children thrive physically, emotion- ally, and educationally in their early years through ac- cess to high–quality early learning and care resources; equitable opportunities for the workforce that advance equitable outcomes for children; and greater efficien- cies through structures for continuous improvement. In addition, the Master Plan also called for establish- ing a PK–3 credential.

The Governor’s 2022 budget provided significant investments for implementing universal transitional kindergarten (UTK) to serve all four–year–old’s as well as for moving forward to- wards implementing universal preschool (UPK) on a phased–in basis, potentially serving children as young as two years old in the future.

The proposed PK–3 ECE Specialist Credential has also been intentionally designed to recognize and pro- vide pathways for those who hold a bachelor’s degree and have already gained experience and expertise in early childhood education through their work in pro- grams within California’s mixed delivery early child- hood education system (e.g., California State Preschool Program, Head Start, private preschools, and others), to have an expedited pathway to earning the credential and beginning to teach in the PK–3 environment.

The PK–3 ECE Specialist Credential would also pro- vide accelerated pathways for current Multiple Sub- ject Credential holders as well as Child Development Teacher Permit (CDP) holders with a bachelor’s degree to earn the credential and begin serving as quickly as possible in UPK/UTK settings.

Although Multiple Subject Credential holders are already authorized by their credential to teach any of grades PK–12 in a self– contained setting, these teachers may also want to add the PK–3 authorization to document specific expertise in early childhood education as an option for meeting apportionment requirements under EC 48000(g)(4) for serving in a Transitional Kindergarten assignment.

In spring 2022, Senate Bill (SB) 488 was signed by the Governor, amending Education Code sec- tions 44283 and 44283.2 and revising the definition of “study of effective means of teaching literacy” in Education Code sections 44259 (b)(4)(

A) and (B), re- quiring the Commission to complete a series of ac- tions related to literacy instruction. The Commission is required to update program standards and Teaching Performance Expectations (TPEs) to ensure alignment with the current State Board of Education (SBE) ad- opted English Language Arts/English Language De- velopment Framework and incorporate the California Dyslexia Guidelines. These proposed amendments incorporate the up- dated SB 488–mandated Literacy TPEs and program standard applicable to the PK–3 ECE Specialist In- struction Credential.

Objectives and Anticipated Benefits of the Proposed Regulations The Commission anticipates that the proposed amendments will develop, maintain, and promote high quality authentic, consistent educator assess- ments and examinations that support development and credentialing of educators who have demonstrated the capacity to be effective practitioners. In addition, that the regulations will drive program quality and effec- tiveness for the preparation of the education workforce and are responsive to the needs of California’s diverse student population.

Determination of Inconsistency/Incompatibility with Existing State Regulations The Commission has determined that the proposed regulation amendments are not inconsistent or incom- patible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the Commission has concluded that these are

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 129 the only regulations that concern the PK–3 ECE Spe- cialist Credential requirements. DISCLOSURES REGARDING THE PROPOSED ACTIONS/FISCAL IMPACT The Commission has made the following initial determinations. Local Mandate These proposed regulations will not impose a man- date on local agencies or school districts that must be reimbursed in accordance with

Part 7 (commencing with

section 17500) of the Government Code. Local education agencies may choose to sponsor an educa- tor preparation program for PK–3 ECE Specialist Cre- dentials utilizing the proposed regulations, however no mandate exists requiring local agencies or school districts to have educator preparation programs and, therefore, no reimbursement in accordance with

Part 7 (commencing with

section 17500) of the government code is required. Fiscal Impact Cost to any local agency or school district requiring reimbursement pursuant to Government Code

section 1700 et seq. These proposed regulations will not impose a cost to local agencies or school districts requiring reimbursement in accordance with

Part 7 (commenc- ing with

section 17500) of the Government Code as sponsoring an educator preparation program for PK–3 ECE Specialist Credentials that is aligned to the pro- posed regulations and is not required by law. A school district or institution of higher education has the choice to offer the PK–3 ECE Specialist Credential, however, it is not a mandate. Cost or savings to any state agency None. Sponsoring an educator preparation program for PK–3 ECE Specialist Credentials that is aligned to the proposed regulations is not required by law. Other non–discretionary costs or savings imposed upon local agencies None.

Sponsoring an educator preparation program for PK–3 ECE Specialist Credentials that is aligned to the proposed regulations is not required by law and is voluntary. Cost or savings in federal funding to the state None. Sponsoring an educator preparation program for PK–3 ECE Specialist Credentials that is aligned to the proposed regulations is not required by law and is voluntary. Housing Costs No significant effect on housing costs exists. The proposed regulations do not intersect with the cost of housing.

Significant Statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states The Commission has concluded there is no significant adverse impact on business. These regulations make clear the required components of preparation for the PK–3 ECE Specialist Instruction credential that must be addressed by program sponsors wanting to offer preparation for this credential. Statement of the Results of the Economic Impact Assessment In accordance with Government Code

section 11346.3(b), the Commission has made the following assessments regarding the proposed regulations: Creation or Elimination of Jobs within California These amendments will not create or eliminate jobs in California. The proposed amendments pertain to the credentialing of PK–3 ECE specialists, that would authorize service in any grades PK–3. These amend- ments help to address the need for additional ECE teachers to support the statewide UTK implementation and are necessitated by statutory changes.

The Com- mission anticipates that the proposed amendments will increase opportunities for candidates to complete their credentialing requirements thereby possibly increas- ing the supply of fully prepared teachers who will be ready to enter the California teaching workforce.

Creation of New Businesses or Elimination of Existing Business within California The Commission concludes that it is unlikely that the proposal will create any new businesses or elimi- nate any existing businesses within the State of Cali- fornia since the educational institutions are California State Universities, Universities of California, private four–year colleges and universities, or local education agencies, none of which meet the definition for small business.

Expansion of Businesses Currently Doing Business within the California The proposed amendments pertain to the creden- tialing of PK–3 early childhood education specialists. While there may be some slight expansion of enroll- ment at Commission–approved preliminary programs due to educators seeking the new PK–3 ECE creden- tial, this is expected to be minimal. These amendments will not cause the elimination of existing businesses in California.

Benefits of the Regulations The Commission anticipates that the proposed amendments will help improve services to students in grades PK–3 by better preparing California educators to serve in early childhood education settings. The Commission does not anticipate that the pro- posed regulations will result in an increase in the pro-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 130 tection of public health and safety, worker safety, or the environment, or an increase in openness and trans- parency in business. To the extent that Education Spe- cialists will be better prepared to address the needs of students in grades PK–3, the proposed regulations may lead to an increase in the prevention of social inequity.

Cost Impacts on a Representative Private Person or Business The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Business Report This proposal does not require a business report to be made. Effect on Small Business The proposed regulations will not have a significant adverse economic impact upon small businesses. The proposed regulations apply only to individuals seek- ing a credential or authorization to teach in any grades PK–3 in California public schools.

Alternatives Statement The Commission must determine that no reason- able alternative it considered 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 proposed action, or would be more cost–effective to affected private persons and equally effective in imple- menting the statutory policy or other provision of law.

The Commission invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period or at the public hearing. Contact Person/Further Information General or substantive inquiries concerning the pro- posed action may be directed to Christina Villanueva by telephone at (916) 327–2967, by mail at Commis- sion on Teacher Credentialing, Attention: Christina Villanueva, 1900 Capitol Avenue, Sacramento, CA 95811, or by email to: Christina Villanueva (Christina. Villanueva@ctc.ca.gov) or Sandra Burwick (Sandra. Burwick@ctc.ca.gov).

General question inquiries may also be directed to the addresses mentioned above. Upon request, a copy of the express terms of the pro- posed action and a copy of the Initial Statement of Reasons will be made available. This information is also available on the Commission’s website at http:// www.ctc.ca.gov/notices/rulemaking.html. In addition, all the information on which this proposal is based is available for inspection and copying.

Availability of Statement of Reasons and Text of Proposed Regulations The entire rulemaking file is available for inspection and copying throughout the rulemaking process at the Commission office at the above address. As of the date this notice is published in the Notice of Register, the rulemaking file consists of the Notice of Proposed Rulemaking, the proposed text of regulations, the Ini- tial Statement of Reasons, and an economic impact assessment/analysis contained in the Initial Statement of Reasons.

Copies may be obtained by contacting Christina Villanueva at the addresses or telephone number provided above. Modification of Proposed Action If the Commission proposes to modify the actions hereby proposed, the modifications (other than non– substantial or solely grammatical modifications) will be made available for public comment for at least 15 days before they are adopted. Availability of Final Statement of Reasons The Final Statement of Reasons is submitted to the Office of Administrative Law as part of the final rulemaking package, following the conclusion of the public hearing.

Upon its completion, copies of the Fi- nal Statement of Reasons may be obtained by contact- ing Christina Villanueva at Christina. Villanueva@ctc. ca.gov. Availability of Documents on the Internet Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the reg- ulations can be accessed through the Commission’s website at http://www.ctc.ca.gov/notices/rulemaking. html. TITLE 20.

ENERGY COMMISSION AMENDMENT OF THE HOME ENERGY RATING SYSTEM (HERS) REGULATIONS TITLE 20, SECTIONS 1670–1675 DOCKET NUMBER 23–HERS–01 INTRODUCTION Notice is hereby given that the California Energy Commission (CEC) proposes to amend the Home En- ergy Rating System (HERS) regulations contained in the California Code of Regulations (CCR), Title 20 (“the Proposed Action”) to remove regulations re - lated to the field verification and diagnostic testing (FV&DT), after considering all comments, objections, and recommendations regarding the Proposed Action.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 131 In a separate rulemaking, CEC proposes adding FV&DT regulations to CCR, Title 24. That rulemak- ing is currently in the pre–rulemaking stage. For more details on this separate rulemaking please see Docket Number 22–BSTD–03. PUBLIC HEARING CEC staff will hold a public hearing on the proposed regulations at the date and time listed below. Interest- ed persons, or their authorized representative, may present statements, arguments, or contentions relevant to the proposed regulatory changes at the public hear- ing.

The record for this hearing will be kept open until every person who is present has had an opportunity to provide comment. Tuesday, March 28, 2023 10:00 a.m. (Pacific Time) The public hearing will be held remotely to improve and enhance public access to meetings, allowing broader access through teleconferencing options. In- structions for remote participation in the public hear- ing are below. REMOTE ATTENDANCE The public hearing may be accessed by clicking the Zoom link below or visiting Zoom at https://join. zoom.us and entering the ID and password below.

If you experience difficulties joining, you may contact Zoom at (888) 799–9666 ext. 2, or the Office of the Public Advisor, Energy Equity and Tribal Affairs at publicadvisor@energy.ca.gov or by phone at (916) 654–4489 or toll free at (800) 822–6228. Zoom Link: https://energy.zoom.us/j/87912688427?pwd= RWtOT3RpRmR2YjFxb0Y1YTRIZ1hndz09 Webinar ID: 879 1268 8427 Password: 951808 To participate by telephone dial (213) 338–8477 or (888) 475–4499 (toll free). When prompted, enter the Webinar ID and password listed above.

To comment or ask a question over the telephone, dial *9 to “raise your hand” and *6 to mute/unmute your phone line. PUBLIC ADVISOR The CEC’s Office of the Public Advisor, Energy Eq- uity and Tribal Affairs provides the public assistance in participating in CEC proceedings. For information on participation or to request interpreting services or reasonable accommodations, reach out via email at publicadvisor@energy.ca.gov, by phone at (916) 654–4489, or toll free at (800) 822–6228. Requests for interpreting services and reasonable accommodations should be made at least five days in advance.

The CEC will work diligently to accommodate all requests. Zoom: If you experience difficulties with the Zoom platform, please contact the Office of the Public Ad- visor, Energy Equity and Tribal Affairs via email or phone. MEDIA INQUIRIES Direct media inquiries to the Media and Public Com- munications Office at (916) 654–4989 or mediaoffice@ energy.ca.gov. PUBLIC COMMENT PERIOD The public comment period for the proposed amendment of the HERS regulations will be held from February 10, 2023, through March 27, 2023. Any person may submit written comments to the CEC for consideration on or prior to March 27, 2023.

The CEC appreciates receiving written comments at the earliest possible date. Comments submitted outside this com- ment period are considered untimely. The CEC may, but is not required to, respond to untimely comments, including those raising significant environmental issues. Written and oral comments, attachments, and asso- ciated contact information (including address, phone number, and email address if provided in a comment) will become part of the public record of this pro- ceeding with access available via any internet search engine. The CEC encourages use of its electronic com- menting system.

Visit the e–commenting page at https://www .energy .ca.gov/programs–and–topics/ programs/building–energy–efficiency– standards/2025–building–energy–efficiency–0 which links to the comment page for this docket. Enter your contact information and a comment title describing the subject of your comment(s). Comments may be included in the “Comment Text” box or attached as a downloadable, searchable document consistent with CCR, Title 20,

section 1208.1. The maximum file size allowed is 10 MB. Written comments may also be submitted by email. Include docket number 23–HERS–01 in the subject line and email to docket@energy.ca.gov. A paper copy may be sent to: California Energy Commission Docket Unit Docket Number 23–HERS–01 715 P Street Sacramento, CA 95814 To ensure you receive notice of any changes to the proposed regulations in this proceeding, please follow

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 132 the instructions provided at the end of this notice to join the proceeding subscription list or provide a valid email or mailing address with your comments. STATUTORY AUTHORITY AND REFERENCE Authority cited: Sections 25213, 25942, and 25943, Public Resources Code. Reference:

Section 25942, Public Resources Code. INFORMATIVE DIGEST/ POLICY STATEMENT OVERVIEW The Warren–Alquist Act establishes the CEC as the state’s primary energy policy and planning agency.

The Warren–Alquist Act directs the CEC to “employ a range of measures to reduce wasteful, uneconomi- cal, and unnecessary uses of energy, reducing the rate of growth of energy consumption, prudently conserve energy resources, and assure statewide environmen- tal, public safety, and land use goals.” As part of ac- complishing this mandate, the Act requires the CEC to promulgate energy standards for newly constructed buildings, additions to existing buildings, and alter- ations to existing buildings.

The Building Energy Effi- ciency Standards (Energy Code) is a unique California asset that has placed the state on the forefront of en- ergy efficiency, sustainability, energy independence, and climate change issues and has provided a template for national standards within the United States as well as for other countries around the globe. The Energy Code is in CCR, Title 24, Parts 1 and 6. CEC admin- isters an FV&DT testing program to collect data and verify compliance with the Energy Code.

Another distinct but related way the CEC fulfills this mandate is through the development of the Cali- fornia Home Energy Rating System (HERS) Program regulations (CCR, Title 20, sections 1670–1675). The HERS program is a voluntary home energy usage rat- ing program that assigns a rating on the home based on energy performance and provides efficiency upgrade recommendations to improve the whole–house rating. The HERS whole–house program utilizes HERS Pro- viders to certify, train, and oversee HERS raters that perform the whole–house ratings.

As implemented, both the HERS whole–house and the FV&DT programs utilize raters that are gov- erned by the regulations located at Title 20, sections 1670–1675 despite the different purposes of the two programs. The HERS whole–house rater assigns a rat- ing to the home based on energy performance analysis and seeks to educate and advise consumers on ener- gy efficiency measures they can voluntarily install to improve the energy efficiency of their home.

By con- trast, the FV&DT rater verifies compliance with the requirements of the Energy Code in newly construct- ed residential buildings, and alterations and additions to existing residential buildings. The HERS whole–house program is not intended to verify compliance with the Energy Code, but instead is to give homeowners insight into the energy per- formance of their home and a pathway to improve it. The FV&DT program must address an ever–changing landscape of energy efficiency requirements adopted into the Energy Code update every three years.

This three–year cycle aligns with and becomes part of the California Building Standards Code developed by the California Building Standards Commission. Because the HERS whole–house and FV&DT pro- grams differ so greatly, a single set of requirements in Title 20 to cover both program administration makes it difficult for the CEC to implement and administer both the HERS whole–house and FV&DT programs. It also makes it more confusing to program stakehold- ers including HERS Providers, raters, rater compa- nies, builders, and especially homeowners.

Therefore, to improve the administration of both programs and reduce confusion within the public and the regulated community, the CEC is proposing to separate the two programs by repealing all provi- sions relating to the FV&DT program from the HERS whole–house regulations in Title 20, while updating the FV&DT requirements in a separate rulemaking as a part of the 2025 triennial Building Energy Efficiency Standards rulemaking cycle under the jurisdiction of the California Building Standards Commission. The scope of this rulemaking is limited to repeal- ing provisions referencing the FV&DT program in Title 20.

For information about the changes to the FV&DT program that the CEC is undertaking in a separate rulemaking for Title 24, please see Dock- et No. 22–BSTD–03, which is currently in the pre– rulemaking stage. Changes to Title 24 during the 2025 Energy Code update cycle are subject to the triennial cycle, which will entail further pre–rulemaking and formal rulemaking notice and comment periods prior to the required effective date of January 1, 2026. The proposed amendments to Title 20 would be ef- fective January 1, 2026, to coincide with the effective date of the Title 24 2025 Energy Code update.

Summary of proposed regulatory changes. The express terms indicate both the current language that will remain in effect until December 31, 2025, as well as the language that will replace it on January 1, 2026. Each

section contains added language to de- marcate which language will go into effect January 1, 2026, and which language will be replaced. The re- placement language includes underline and strikeout to show the changes that will become effective as of January 1, 2026.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 133 Difference from existing comparable federal regulations or statute These proposed regulations do not duplicate or con- flict with any federal statute or regulations. Broad objectives of the regulations and the specific benefits anticipated by the proposed amendments. The broad objective for the proposed regulations is to repeal regulations related to the FV&DT program from Title 20, effective January 1, 2026. In a separate rulemaking CEC proposes adding FV&DT regula- tions into Title 24 of the 2025 Energy Code.

The specific benefits of the proposed regulations will be to enhance the clarity and regulatory certainty of the regulations by creating two independent pro- grams each tailored to support a single key purpose and service. Moving regulations related to the FV&DT program into Title 24 benefits the state by providing a regular opportunity to easily update the FV&DT pro- gram on a triennial basis to keep up with the ever– changing requirements in the Energy Code updates.

Determination of inconsistency or incompatibility with existing state regulations The CEC proposes to repeal requirements in Title 20 related to the FV&DT program and place those requirements into the Title 24 Energy Code effective January 1, 2026. The CEC has conducted an evalua- tion and determined that the proposed removal of reg- ulations related to the FV&DT program from the Ti- tle 20 regulations would not prevent compliance with existing state regulations and are neither inconsistent nor incompatible with any other existing state regula- tions.

Rather, the repeal of regulations related to the FV&DT program from Title 20 will avoid duplication and potential inconsistency with the addition of those provisions in Title 24 in the separate rulemaking the CEC is undertaking. DOCUMENTS INCORPORATED BY REFERENCE No documents are being proposed to be incorporat- ed by reference. MANDATED BY FEDERAL LAW OR REGULATIONS None. OTHER STATUTORY REQUIREMENTS None. LOCAL MANDATE DETERMINATION The proposed regulations will not impose a man- date on local agencies or a school district that requires reimbursement pursuant to 17500 et seq.

FISCAL IMPACTS The CEC has made the following initial determinations: ● Cost to any local agency or school district re- quiring reimbursement pursuant to Government Code

section 17500 et seq.: None. ● Cost or savings to any state agency: None. ● Non–discretionary cost or savings imposed upon local agencies: None. ● Cost or savings in Federal funding to the state: None. SIGNIFICANT EFFECT ON HOUSING COSTS None.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES The CEC has made an initial determination that the proposed regulatory changes will not have a statewide adverse economic impact directly affecting business, including the ability of California businesses to com- pete with businesses in other states. Because there will be no changes to the industry as a result of repealing the FV&DT program from the Title 20 regulations, no impacts to businesses are expected.

THE ECONOMIC IMPACT ANALYSIS The CEC concludes that: (1) the proposal will not create jobs within California, (2) the proposal will not eliminate jobs within California, (3) the proposal will not create new businesses in California, (4) the proposal will not eliminate existing businesses with- in California, and (5) the proposal will not result in the expansion of businesses currently doing business within the state.

The benefits of the proposed regulations will be to enhance the clarity and regulatory certainty of the reg- ulations by creating two independent programs each tailored to support a single key purpose and service. Moving regulations relevant to the FV&DT program into Title 24 benefits the state by providing a regular opportunity to easily update the FV&DT program on

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 134 a triennial basis to keep up with the ever–changing requirements in the Energy Code updates. The proposed regulatory changes will not adversely impact the health and welfare of California residents, worker safety, or the state’s environment. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The CEC is not aware of any cost impacts that a rep- resentative person or business would necessarily incur in reasonable compliance with the Proposed Action.

Because there will be no changes to the industry as a result of repealing the FV&DT program from the Ti- tle 20 regulations, no impacts to businesses or repre- sentative persons are expected. BUSINESS REPORT The proposed regulatory changes do not impose a new reporting requirement for businesses. EFFECT ON SMALL BUSINESS The proposed regulatory changes will not affect small business as there will be no changes to the in- dustry as a result of repealing the regulations. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the CEC must determine that no reasonable alternative considered by the agen- cy, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is pro- posed, would be as effective and less burdensome to affected private persons than the Proposed Action, or would be more cost–effective to affected private per- sons and equally effective in implementing the statu- tory policy or other provision of law.

CONTACT PERSON Questions should be addressed to: Corrine Fishman, Regulations Manager Efficiency Division (916) 805–7452 or Lorraine White, Branch Manager Standards Compliance Branch (916) 628–2654 COPIES OF THE INITIAL STATEMENT OF REASONS, THE EXPRESS TERMS, AND RULEMAKING FILE The CEC will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office located at 715 P Street, Sacramento CA 95814.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the express terms, the Initial Statement of Reasons, and any documents relied upon. Copies may be obtained by contacting Cor- rine Fishman or accessed through the CEC website at https://www .energy .ca.gov/programs–and–topics/ programs/building–energy–efficiency–standards/ 2025–building–energy–efficiency–0.

A V AILABILITY OF CHANGES TO ORIGINAL PROPOSAL FOR AT LEAST 15 DAYS PRIOR TO AGENCY ADOPTION/REPEAL/AMEND- MENT OF RESULTING REGULATIONS Participants should be aware that any of the pro- posed regulations could be changed as a result of pub- lic comment, staff recommendation, or recommen- dations from Commissioners. Moreover, changes to the proposed regulations not indicated in the express terms could be considered if they improve the clarity or effectiveness of the regulations. If the CEC consid- ers changes to the proposed regulations pursuant to Government Code

section 11346.8, a full copy of the text and any additional documents relied upon will be available for review at least 15 days prior to the date on which the CEC adopts or amends the resulting regulations. COPY OF THE FINAL STATEMENT OF REASONS At the conclusion of the rulemaking, persons may obtain a copy of the Final Statement of Reasons once it has been prepared, by visiting the CEC website at https://www .energy .ca.gov/programs–and–topics/ programs/building–energy–efficiency–standards/ 2025–building–energy–efficiency–0 or contacting Corrine Fishman.

A V AILABILITY OF DOCUMENTS ON THE INTERNET The CEC maintains a website in order to facilitate public access to documents prepared and considered as part of this rulemaking proceeding. Documents prepared by the CEC for this rulemaking have been posted on our website at https://www.energy.ca.gov/ programs–and–topics/programs/building–energy–

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 135 efficiency–standards/2025–building–energy– efficiency–0. INSTRUCTIONS FOR RECEIVING NOTICES AND DOCUMENTS IN THIS PROCEEDING To stay informed about this proceeding and re- ceive documents and notices of upcoming work- shops and hearings as they are filed, please subscribe to the proceeding email, which can be accessed at https://www .energy .ca.gov/programs–and–topics/ programs/building–energy–efficiency–standards/ 2025–building–energy–efficiency–0.

The CEC’s subscription lists send out email notifi- cations and direct links when documents and notices are filed in the proceeding docket. If you are unable or do not wish to sign up for the subscription list but still would like to receive documents and notices by oth- er means, please contact Corrine Fishman at corrine. fishman@energy.ca.gov. GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION N U M BER 1653–2022–102– 001–R1 Project: Phase 1 Rockwads Project Location: Shasta County, CA Applicant: John Hannon Notifier: U.S.

Bureau of Reclamation Background Project Location: The project area is located on the Sacramento River, immediately upstream and downstream of the South Bonnyview Road bridge. Coordinates for the project area are latitude: 40.539368°, and longitude: –122.357754°. Project Description: The purpose of the project is to provide deep–water rearing habitat for juvenile sal- monids through the installation of 20 rockwad struc- tures in the river.

The structures will consist of woody material (root wads and tree canopies of orchard trees and native trees as available) firmly anchored (bolted) to angular boulders weighing approximately six tons each to ballast the structures. The woody material is intended to provide cover for juvenile salmonids to shelter from velocity and larger predators. The boulder is sized to anchor the structure and not move during flows up to the 1 percent annual exceedance flow of 79,000 cubic feet per second (cfs).

The structures will be placed upstream and down- stream of the South Bonnyview Road Bridge in loca- tions with a minimum of 5.5 feet of freeboard of water depth above the top of the structures during drought conditions (approximately 3,000 cfs river flow rate) within the project site. The freeboard is intended to reduce the potential for recreational hazards during summer flow conditions and reduce the likelihood of debris capture during high flow conditions. The project staging area(

s) will use the ACID pumping station property on the east bank of the riv- er, downstream of the bridge and the City of Redding South Bonnyview Boat Launch and parking lot, on the west bank of the river, downstream of the bridge. Rockwads will be constructed in the staging areas and loaded onto a barge with an onboard crane. The struc- tures will then be placed onto the riverbed with the crane. The project includes post–installation monitoring of the physical longevity of the structures as well as of juvenile salmonids and their associated predators ad- jacent to the installed structures.

Monitoring methods are currently being developed but will likely involve using sonar cameras and high–definition color under- water video cameras. Project Size: The total area of ground disturbance associated with the Project is approximately 3.2 acres and 395 linear feet. The Applicant has included project size calculations that were used to determine the to- tal size of the Project. The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical ex- emption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333).

Temporary Impacts to jurisdictional resources: 0.02 acres, 16 linear feet of streambed, bank, and/or channel. Permanent Impacts to jurisdictional resources: 0.02 acres, 300 linear feet of streambed, bank, and/or channel. Project Associated Discharge: Discharge of ma- terials into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Project include those associated with the following: installation of a temporary gravel access ramp and placement of rockwads onto the riverbed. Temporary discharges into Waters of the State are approximated at 16 cubic yards of gravel that will be utilized as an access ramp and then removed. Permanent discharges into Waters of the State are approximated at 43 cubic yards from the placement of rockwad structures onto the riverbed.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 136 Project Timeframes: Start date: February 1, 2023 Completion date: February 28, 2023 Number of workdays: Approximately 14 days total, with 7 of those days being in–water work.

Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration in- tended to improve the quality of waters in California, the Central Valley Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Order) Waste Discharge Identification (WDID) No. 5A45CR00625 for the Project. The NOA describes the Project and requires the Applicant to comply with terms of the Order.

Additionally, the Applicant has provided sup- plemental documents that set forth measures to avoid and minimize impacts to fish and wildlife. Receiving Waters: Sacramento River Filled or Excavated Areas: Temporary Fill/Excavation Impact Information: 0.02 acres, 16 linear feet, 16 cubic yards of material Permanent Fill/Excavation Impact Information: 0.02 acres, 300 linear feet, 43 cubic yards of material Regional Water Board staff determined that the Project may proceed under the Order.

Additionally, Regional Water Board staff determined that the Project, as described in the Notice of Intent (NOI) complies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.). On 12/28/2022, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

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

section 1653 subdivision (c), CDFW filed an initial notice with the Office of Administrative Law on 12/28/2022, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. Notice File Number Z–2022–1228–03) on 1/13/2023. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

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

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

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

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

section 1653, subdivision (b)(4), were included in an addendum to the NOI. The specific avoidance and minimization measures as well as water quality protection measures are found in the addendum titled: Addendum 1– Avoid- ance and Minimization — Phase 1 Rockwads Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included an outline of the monitoring plan in the NOI. The Applicant’s Mon- itoring Plan provides a timeline for restoration and monitoring parameters and protocols. Additional de- tails on the biological monitoring effort of the post– construction site are still in development, but an over- view of the Monitoring Plan is found in the supple- mental document titled: Addendum 2 — Description of Monitoring — Rockwads.

Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects requires the Applicant to submit a Notice of Completion (NOC) no later than 30 days after the project has been complet- ed. A complete NOC includes at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● WDID number indicated above; ● success criteria for the Project.

The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Project description as provided in the Applicant’s NOI. Appli- cant shall include the project name and WDID num- ber with all future inquiries and document submittals. Pursuant to Fish and Game Code

section 1653, subdi- vision (g), the Applicant shall submit the monitoring plan, monitoring report, and notice of completion to CDFW as required by the General Order. Applicant shall submit documents electronically to: ali.aghili@ wildlife.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 137 Project Authorization Pursuant t o F ish a nd G ame C ode se ction 1 654, C D- FW’s a pproval o f a h abitat r estoration o r e nhancement project p ursuant t o se ction 1 652 o r 1 653 s hall b e i n lieu o f a ny o ther p ermit, ag reement, l icense, o r o ther approval is sued b y t he d epartment, i ncluding, b ut n ot limited t o, t hose is sued p ursuant t o C hapter 6 ( com- mencing w ith se ction 1 600) a nd C hapter 1 0 ( com- mencing w ith se ction 1 900) o f t his D ivision a nd C hap- ter 1.5 (commencing with

section 2050) of Division 3. Additionally, A pplicant m ust a dhere t o a ll m easures contained i n t he a pproved N OA a nd c omply w ith o ther conditions described in the NOI.

If t here a re a ny s ubstantive c hanges t o t he P roject o r if t he W ater B oard a mends o r r eplaces t he N OA, t he Applicant s hall b e r equired t o o btain a n ew c onsisten- cy d etermination f rom C DFW . ( See g enerally F ish & Game Code, § 1654, subdivision (c).) DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 20 80R–2022–021–02 Project: Stone Lakes Restoration Project – S erra Property Location: Sacramento County Applicant: Ducks Unlimited Background Ducks U nlimited ( Applicant) p roposes t o r estore and e nhance a pproximately 5 8 a cres o f f reshwater emergent se asonal w etlands t o i mprove s horebird, waterfowl, a nd s andhill c rane h abitat, a nd i ncrease the d iversity a nd e xtent o f n ative w etland p lants w ith- in e xisting m anaged se asonal w etlands.

T he S tone Lakes R estoration P roject — S erra P roperty ( Res- toration P roject) i ncludes t he f ollowing: g rading a nd creation o f sw ales a nd i nterconnected p othole f eatures throughout t he R estoration P roject s ite; r econstruction of berms with access roads; installation of a new pre– cast c oncrete w ater c ontrol s tructure w ith p lacement of ro ck a t t he i nlet a nd o utlet t o r educe e rosion; a nd placement o f ro ck a t a n e xisting o verflow v alve t o r e- duce e rosion t o a djacent sw ale h abitat f eatures.

T he Restoration P roject is l ocated a djacent t o S tone L ake National W ildlife R efuge a t l atitude 3 8°20’51.59” North a nd l ongitude 1 21°29’ 3 9.96” W est, A ssessor Parcel Number 132–0210–006–0000. The R estoration P roject a ctivities d escribed ab ove are expected to take1 giant garter snake (GGS) (Tham- nophis gigas (=T. couchi gigas)) where those activities take p lace w ithin a reas a djacent t o a quatic h abitat o n the R estoration P roject s ite. I n pa rticular, G GS c ould be t aken a s a r esult o f c rushing d uring g rading, c on- struction, a nd e quipment m obilization.

G GS is d esig- nated a s a t hreatened s pecies p ursuant t o t he f eder- al E ndangered S pecies A ct ( ESA) ( 16 U .S.C. § 1 531 et se q.) a nd t he C alifornia E ndangered S pecies A ct (CESA) ( Fish & G ame C ode, § 2 050 et se q.). ( See C al. Code Regs., title 14, § 670.5, subdivision (b)(4)(E).) GGS i ndividuals a re d ocumented a s p resent 1 0 m iles from t he R estoration P roject s ite a nd t here is s uitable GGS h abitat w ithin a nd a djacent t o t he R estoration Project s ite.

B ecause o f t he p roximity o f t he n earest documented G GS, d ispersal pa tterns o f G GS, a nd t he presence o f s uitable h abitat f or G GS w ithin t he R esto- ration P roject s ite, t he U nited S tates F ish a nd W ildlife Service ( Service) d etermined t hat G GS is r easonably certain t o o ccur w ithin t he R estoration P roject s ite a nd that R estoration P roject a ctivities a re e xpected t o r e- sult in the incidental take of GGS. According t o t he S ervice, t he R estoration P roject will r esult i n t he t emporary a nd p ermanent l oss o f l ess than 1 acre of GGS habitat.

Because t he R estoration P roject is e xpected t o r esult in t ake o f a s pecies d esignated a s t hreatened u nder t he federal E SA, t he S ervice c onsulted w ith i tself, a s r e- quired b y t he E SA.

O n A ugust 3 1, 2 022, t he S ervice issued a p rogrammatic b iological o pinion f or e ligible restoration p rojects, e ntitled P rogrammatic B iolog- ical a nd C onference O pinion C alifornia S tatewide Programmatic R estoration E ffort ( Service fi le N o. 2022–0005149–S7) ( PBO), o n t he S tatewide P rogram- matic B iological A ssessment f or R estoration: M ulti– Agency I mplementation o f A quatic, R iparian, F lood- plain a nd W etland R estoration P rojects t o B enefit F ish and W ildlife i n C alifornia ( PBA).

T he P BA w as d e- veloped b y t he S ervice, U S A rmy C orps o f E ngineers, and t he N ational O ceanic a nd A tmospheric A dminis- tration’s Restoration Center. The PBO describes eligi- ble r estoration p rojects, r equires a ll p roject a pplicants operating u nder t he P BO t o c omply w ith t erms o f t he PBO a nd i ts i ncidental t ake s tatement ( ITS), a nd i n- corporates a dditional m easures. T he P BO r equires the p roject p roponent t o r equest a nd r eceive p roject– specific a pproval t hrough e xecution o f a n E SA S ec- tion 7 (a)

(2) R eview F orm. T he S ervice s igned t he E SA 1 P ursuant t o F ish a nd G ame C ode s ection 8 6, “ ‘Take’ m eans hunt, p ursue, c atch, c apture, o r k ill, o r a ttempt t o h unt, p ursue, catch, c apture, o r k ill.” S ee a lso Environmental Protection In - formation Center v. California Department of Forestry and Fire Protection ( 2008) 4 4 C al.4th 4 59, 5 07 ( for p urposes o f i ncidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “‘take’ …means to catch, capture or kill”).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 138

Section 7(a)

(2) Review Form, a copy of which is at- tached hereto and incorporated herein as Exhibit 1, as the project–specific approval for the Restoration Proj- ect on November 18, 2022. On December 30, 2022, the Director of the Depart- ment of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursu- ant to Fish and Game Code

section 2080.1 that the ITS, along with its accompanying PBO and the approved ESA

Section 7(a)

(2) Review Form, is consistent with CESA for purposes of the Restoration Project and GGS. (Cal. Reg. Notice Register 2023, No. 2–Z, p. 20.) Determination CDFW has determined that the ITS, along with its accompanying PBO and the project–specific approval for the Restoration Project, is consistent with CESA as to the Restoration Project and GGS because the mea- sures contained in the ITS, along with its accompany- ing PBO and the ESA

Section 7(a)

(2) Review Form for the Restoration Project, meet the conditions set forth in Fish and Game Code

section 2081, subdivisions (

a) and (c), for authorizing take of CESA–listed species. Specifically, CDFW finds that: (1) take of GGS will be for management purposes; (2) the measures required are roughly proportional in extent to any impact on GGS that is caused by the Restoration Project; (3) the measures required maintain the Permittee’s project purpose to the greatest extent possible; and (4) the Restoration Project will not jeopardize the continued existence of GGS. Avoidance, Minimization, and Mitigation Measures.

The avoidance, minimization, and mitigation measures in the ITS and PBO Exhibit 1 include, but are not limited to, the following: 1) Restoration Project activities within 200 feet of suitable aquatic habitat within the current GGS range will be limited to May 1 to October 15. 2) The Service will review and approve biologists to conduct surveys and monitor activities. These bi- ologists will be hereinafter referred to collective- ly as Service–approved biologists. 3) All construction personnel will participate in en- vironmental awareness training conducted by a Service–approved biologist.

Personnel will be in- formed regarding identification, potential pres- ence, habitat requirements, legal protections, avoidance and minimization measures, and ap- plicable protection measures for potentially pres- ent GGS. 4) All trash that may attract wildlife will be prop- erly contained in sealed containers and removed from the work site weekly. 5) Staging, storage, and stockpile areas must be out- side of suitable GGS habitat unless necessary for Restoration Project implementation and approved by the Service.

Staging will occur on existing ac- cess roads and within dry areas outside of GGS habitat, to limit disturbance. 6) Drainages and suitable aquatic habitat within the Restoration Project area will be dewatered 15 days prior to project construction and vegeta- tion removal. A Service–approved biologist will be present during initial dewatering activities and will periodically inspect waterways to con- firm they remain dry and incapable of supporting GGS prey.

In areas which cannot be adequately dewatered, a Service–approved biologist will be present for vegetation removal and initial ground disturbance. 7) Species handling and relocation are not antici- pated for the Restoration Project. If GGS is ob- served in the construction area, all construction activities will cease, and a Service–approved bi- ologist will be notified immediately.

GGS will be allowed to leave on its own and activities will not resume until GGS has moved out the construc- tion area. 8) A Service–approved biologist will conduct sur- veys if construction activities stop for two weeks or more. 9) Where burrows, cracks, and structures can pro- vide underground refugia for GGS and during snake active period (May 1 to October 15), in- stallation of erosion control, vegetation clearing in or within 100 ft of aquatic habitat will occur between 11:00 am and 6:00 pm.

A Service–ap - proved biologist will walk ahead of the remov- al of emergent wetland and herbaceous upland vegetation. 10) A 15 mile per hour speed limit will be observed within 200 feet of suitable GGS habitat. Drivers will stop for snakes on the roadways and wait for GGS to leave volitionally. The PBO requires submission of annual reports. Al- though not a condition of the PBO, CDFW requests a copy of the reports as well. The reports should include dates construction occurred and the success of reveg- etation and restoration. Pursuant to Fish and Game Code

section 2080.1, take authorization under CESA is not required for the Restoration Project for take of GGS, provided the Applicant implements the Restoration Project as de- scribed in the PBO, including adherence to all mea- sures contained therein, and complies with the mea- sures and other conditions described in the ITS and PBO. If there are any substantive changes to the Res- toration Project, including changes to the measures, or if the Service amends or replaces the ITS, or its accompanying PBO or ESA

Section 7(a)

(2) Review Form, the Applicant shall be required to obtain a new

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 139 consistency d etermination o r a CE SA t ake p ermit f or the R estoration P roject f rom C DFW . ( See g enerally Fish & G ame C ode, § § 2 080.1, 2 081, s ubdivisions (

a) and (c)). CDFW’s d etermination t hat t he S ervice I TS, P BO, and p roject–specific a pproval a re c onsistent w ith CESA is limited to GGS. The R estoration P roject w ill a lso i nstall l arge woody d ebris a nd c hannel–facing ro otwad s tructures to s cour a nd m aintain p ool h abitat, a nd t he p rocess– based d esign a pproach w ould a llow s pace f or p ools and r iffles t o f orm f rom s cour. T he R estoration P roj- ect a ctivities a re e xpected t o t ake1 Central California Coast co ho sal mon (Oncorhynchus kisutch ) ( Covered Species) w here t hose a ctivities o ccur w ithin L ewis Gulch Creek.

In particular, the Covered Species could be t aken a s a r esult o f fi sh r elocation e fforts, d ewa- tering o f t he s tream, a nd t he u se o f h eavy e quipment in t he s tream. T he C overed S pecies is d esignated a s an e ndangered s pecies p ursuant t o t he f ederal E ndan- gered S pecies A ct ( ESA) ( 16 U .S.C. § 1 531 et se q.) a nd an e ndangered s pecies p ursuant t o t he C alifornia E n- dangered S pecies A ct ( CESA) ( Fish & G ame C ode, § 2050 et se q.). ( See C al.

C ode R egs., t itle 1 4, § 6 70.5, subdivision (a)(2)(N).) Covered S pecies i ndividuals a re d ocumented a s present i n P ine G ulch c reek, a B olinas L agoon t ribu- tary w ithin a h alf m ile o f t he R estoration P roject s ite, and t here is s uitable h abitat f or t he C overed S pecies within a nd a djacent t o t he R estoration P roject s ite.

Because o f t he p roximity o f t he n earest d ocumented Covered S pecies, d ispersal pa tterns o f t he C overed Species, a nd t he p resence o f s uitable h abitat f or t he Covered S pecies w ithin t he R estoration P roject s ite, the N ational M arine F isheries S ervice ( Service) d eter- mined t hat t he C overed S pecies is r easonably c ertain to o ccur w ithin t he R estoration P roject s ite a nd t hat Restoration P roject a ctivities a re e xpected t o r esult i n take of the Covered Species.

According t o t he S ervice, w ith r espect t o t he C ov- ered S pecies, t he R estoration P roject w ill r esult i n t he temporary l oss o f 1 .8 a cres o f a quatic h abitat. C on- struction o f t he R estoration P roject w ill a lso r esult i n the permanent loss of 0.2 acres of aquatic habitat. Because t he R estoration P roject is e xpected t o r esult in t ake o f a s pecies d esignated a s e ndangered u nder the E SA, t he U S A rmy C orps o f E ngineers ( Corps) consulted w ith t he S ervice a s r equired b y t he E SA.

On J une 1 4, 2 016, t he S ervice is sued a p rogrammatic biological o pinion, e ntitled E ndangered S pecies A ct (ESA) S ection 7 (a)

(2) B iological O pinion a nd M agnu- son–Stevens F ishery C onservation a nd M anagement Act E ssential F ish H abitat C onsultation, S ervice fi le No. W CR–2015–3755, t o t he C orps f or e ligible r esto- ration p rojects. O n A ugust 3 , 2 022, t he S ervice is sued an a ddendum t o t hat p rogrammatic b iological o pinion. 1 P ursuant t o F ish a nd G ame C ode s ection 8 6, “ ‘Take’ m eans hunt, p ursue, c atch, c apture, o r k ill, o r a ttempt t o h unt, p ursue, catch, c apture, o r k ill.” S ee a lso Environmental Protection In - formation Center v.

California Department of Forestry and Fire Protection ( 2008) 4 4 C al.4th 4 59, 5 07 ( for p urposes o f i ncidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “‘take’ …means to catch, capture or kill”). DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 20 80R–2022–019–03 Project: Bolinas Lagoon Wye Wetland Resiliency Project Location: Marin County Applicant: Marin County Parks Background Marin C ounty P arks ( Applicant) p roposes t o r eturn Lewis G ulch C reek t o i ts f ormer a lluvial f an, r e–align the i ntersection o f O lema B olinas R oad a nd S R–1, and i nstall a b ridge c rossing f or L ewis G ulch C reek.

The B olinas L agoon W ye W etland R esiliency P roject (Restoration P roject) is l ocated i n M arin C ounty, a t coordinates 3 7.923722°, – 122.698889°. T he s ite is l o- cated at the northern end of Bolinas Lagoon. Bolinas Lagoon and the watersheds of its north end tributaries ( Lewis G ulch C reek, W ilkins G ulch C reek, Wharf C reek, a nd S alt C reek) h ave b een a ltered b y historical u ses ( logging, m ining, a nd ag ricultural) a nd infrastructure c hanges. B oth L ewis G ulch C reek a nd Wilkins G ulch C reek h ave b een r elocated f rom t heir original c hannels.

W hile w etlands h ave s lowly r ecov- ered, t he r emaining ro ad i nfrastructure c ontinues t o impair L ewis G ulch C reek a nd t he s urrounding w et- land h abitats b y r estricting s tream fl ows, fl oodplain connectivity, and habitat connectivity. To r estore L ewis G ulch C reek t o i ts h istorical a lign- ment o n t he a lluvial f an, t he c reek w ill b e r edirected to t he e ast s ide o f O lema B olinas R oad, w hich w ill require r e–aligning t he i ntersection o f O lema B oli- nas R oad a t S R–1 a nd i nstalling a b ridge c rossing f or Lewis G ulch C reek.

F airfax B olinas R oad c urrently bisects t he W ye w etlands a nd is a p hysical b arrier t o the m ovement o f w ater a nd w ildlife. T he ro ad w ill b e removed, further allowing restoration of wetland hab- itats a nd a llowing i ncremental l andward m igration o f tidally influenced habitat types.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 140 The June 14, 2016, programmatic biological opinion and the August 3, 2022, addendum to that program- matic biological opinion are hereinafter referred to collectively as the “PBO.” The PBO describes eligible restoration projects and requires all project applicants operating under the PBO to comply with the terms of the PBO and its incidental take statement (ITS).

The Applicant submitted a project–specific application for the Restoration Project dated September 21, 2022, to the Service, a copy of which is attached hereto and incorporated herein as Exhibit 1. The Service issued a project–specific approval to the Applicant for the Restoration Project on December 12, 2022, a copy of which is attached hereto and incorporated herein as Exhibit 2.

The Service’s project–specific approv- al for the Restoration Project requires the Applicant to comply with the terms of the ITS, along with the accompanying PBO, project–specific application, and project–specific approval, when carrying out the Res- toration Project. On December 27, 2022, the Director of the De- partment of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

section 2080.1 that the ITS, along with the accompanying PBO, project– specific application, and project–specific approval, is consistent with CESA for purposes of the Restoration Project and the Covered Species. (Cal. Reg. Notice Register 2023, Number 2–Z, p. 19) Determination CDFW has determined that the ITS, along with the accompanying PBO, project–specific application, and project–specific approval, is consistent with CESA as to the Restoration Project and the Covered Species be- cause the measures contained in the ITS, along with the accompanying PBO, project–specific application, and project–specific approval, meet the conditions set forth in Fish and Game Code

section 2081, subdivi- sions (

a) and (c), for authorizing take of CESA–listed species. Specifically, CDFW finds that: (1) take of the Covered Species will be for management purposes; (2) the measures required are roughly proportional in extent to any impact on the Covered Species that is caused by the Restoration Project; (3) the measures re- quired maintain the Permittee’s project purpose to the greatest extent possible; and (4) the Restoration Proj- ect will not jeopardize the continued existence of the Covered Species. Avoidance, Minimization, and Mitigation Measures.

The avoidance, minimization, and mitigation mea- sures in the ITS, along with the accompanying PBO, project–specific application, and project–specific ap- proval, include, but are not limited to, the following: 1) In those specific cases where it is deemed neces- sary to dewater a work site that is located in aquat- ic habitat, the work area shall be isolated and all the flowing water upstream of the work site shall be temporarily diverted around the work site to maintain downstream flows during construction. 2) Fish will be excluded from reentering the work area by blocking the stream channel above and below the work area with fine–meshed net or screens.

Mesh will be no greater than 1/8–inch diameter. The bottom of the seine must be com- pletely secured to the channel bed to prevent fish from reentering the work area. Exclusion screen- ing must be placed in areas of low water veloc- ity to minimize fish impingement. Upstream and downstream screens must be checked dai- ly (prior to, during, and after instream activities) and cleaned of debris to permit free flow of wa- ter. Block nets shall be placed and maintained throughout the construction period at the upper and lower extent of the areas where fish will be removed.

Block net mesh shall be sized to ensure salmonids upstream or downstream does not en- ter the areas proposed for dewatering between passes with the electro–fisher or seine. 3) The Applicant shall coordinate project site dewa - tering with a qualified biologist to perform fish re- location activities. The qualified biologist(

s) will possess all valid state and federal permits need- ed for fish relocation and will be familiar with the life history of the Covered Species. 4) Fish relocation and dewatering activities shall only occur between June 15 and October 31 of each year. If precipitation sufficient to produce runoff is forecast to occur while construction is underway, work will cease and erosion control measures will be put in place sufficient to pre- vent significant sediment runoff from occurring.

Exceptions on the fish relocation/dewatering time period will be considered on a case–by–case ba- sis only if justified and if precipitation sufficient to produce runoff is not forecast to occur during any of the above activities, and if approved by the Service and the Corps. If the channel is expected to be seasonally dry during this period, construc- tion shall be scheduled so that fish relocation and dewatering are not necessary. 5) A qualified fisheries biologist shall perform all seining, electrofishing, and fish relocation activi- ties.

The qualified fisheries biologist shall capture and relocate salmonids and other native fish prior to construction of the water diversion structures (e.g., cofferdams). The qualified fisheries biolo- gist shall note the number of salmonids observed in the affected area, the number of salmonids re- located, and the date and time of collection and relocation. The qualified fisheries biologist shall have a minimum of three years of field experience

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 141 in the identification and capture of salmonids, in- cluding juvenile salmonids. The qualified biolo- gist will adhere to the following requirements for capture and transport of salmonids: a. Determine the most efficient means for cap- turing fish. b. Conduct initial fish relocation efforts several days prior to the start of construction.

This provides the fisheries biologist an opportu- nity to return to the work area and perform additional electrofishing passes immediately prior to construction if there is water in the isolated construction area. c. At project sites with high summer water temperatures, perform relocation activities during morning periods. d. Prior to capturing fish, determine the most appropriate release location(s). e. Periodically measure air and water tem- peratures and monitor captured fish. Temperatures will be measured at the head of riffle tail of pool interface.

Cease activi- ties if health of fish is compromised owing to high water temperatures, or if mortality ex- ceeds three percent of captured salmonids. 6) All electrofishing will be conducted according to the Service’s Guidelines for Electrofishing Waters Containing Salmonids Listed Under the Endangered Species Act (NMFS 2000). 7) The electro–fisher shall be used a minimum of three passes to ensure maximum capture proba- bility of salmonids within the area proposed for dewatering. 8) Fish shall not be overcrowded into buckets, al- lowing no more than 150 young–of–year fish (ap- proximately six cubic inches per young–of–year individuals) per 5 gallon bucket and fewer indi- viduals per bucket for larger/older fish. 9) All captured salmonids shall be relocated, pref- erably upstream, of the proposed construction project and placed in suitable habitat.

Captured fish shall be placed into a pool, preferably with a depth of greater than two feet with available in- stream cover. 10) If more than three percent of the salmonids cap- tured are killed or injured, the project permittee shall contact the Service. Monitoring and Reporting Measures . The monitor- ing and reporting measures in the ITS, along with the accompanying PBO, project–specific application, and project–specific approval, include, but are not limited to, the following: 1) Following construction, the Applicant must sub- mit a post–construction implementation report to the Service and the Corps.

Implementation re- ports shall include Restoration Project as–built plans and photo documentation of project imple- mentation taken before, during, and after con- struction. For fish relocation activities, the re- port shall include: all fisheries data collected by a qualified fisheries biologist, including the num- ber of any salmonids killed or injured during the proposed action; the number and size (in milli- meters) of any salmonids captured and removed; and any unforeseen effects of the proposed action on salmonids.

Although not a condition of the ITS, or the accom- panying PBO, project–specific application, or proj- ect–specific approval, CDFW requests a copy of the post–construction implementation report as well. The report should include dates construction occurred and the success of revegetation and restoration. Pursuant to Fish and Game Code

section 2080.1, take authorization under CESA is not required for the Restoration Project for take of the Covered Species, provided the Applicant implements the Restoration Project as described in the ITS, along with the ac- companying PBO, project–specific application, and project–specific approval, including adherence to all measures contained therein, and complies with the measures and other conditions described in the ITS, along with the accompanying PBO, project–specific application, and project–specific approval.

If there are any substantive changes to the Restoration Project, including changes to the measures, or if the Service amends or replaces the ITS, accompanying PBO, or project–specific approval, the Applicant shall be re- quired to obtain a new consistency determination or a CESA take permit for the Restoration Project from CDFW . (See generally Fish & Game Code, §§ 2080.1, 2081, subdivisions (

a) and (c)). CDFW’s determination that the ITS, along with the accompanying PBO, project–specific application, and project–specific approval, is consistent with CESA is limited to the Covered Species and the Restoration Project. Exhibit 1 — Application Checklist for Inclusion in the NOAA RC Santa Rosa Office Programmatic Approach Exhibit 2 — NOAA RC Email Approval of PBO Sec7 Coverage for Project and NOAA Application Checklist for Inclusion in the NOAA RC Santa Rosa Office Programmatic Approach

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 142 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT AIR TOXICS HOT SPOTS PROGRAM AMENDMENT TO NOTICE OF PUBLIC COMMENT PERIOD AND WORKSHOPS ON DRAFT REFERENCE EXPOSURE LEVELS FOR TRIMETHYLBENZENES (TMBs) JANUARY 31, 2023 On January 27, 2023, the Office of Environmental Health Hazard Assessment (OEHHA) published the “Notice of Public Comment Period and Workshops on Draft Reference Exposure Levels for Trimethylben- zenes (TMBs),” (OAL Notice File No. Z2023–0117– 05).

OEHHA is hereby updating information regard- ing the Southern California public workshop. Within the previously published Notice of Public Comment Period and Workshops, the information re- garding the Southern California public workshop was noted as “To be determined.” The complete Southern and Northern California workshop information is now listed below. No other details related to the public com- ment period or public workshops have been changed. Public workshops will be held in Southern and Northern California at the following locations and times. Southern California February 23, 2023 9:00 a.m.–12:00 p.m.

Room CC–2 South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765 Northern California March 02, 2023 9:00 a.m.–12:00 p.m. George Alexeeff Environmental Health Library 1515 Clay St., 16th Floor Oakland, CA 94612 DEPARTMENT OF SOCIAL SERVICES “Editor’s Note—This is the second 45–day com- ment period on the Department of Social Services’ Conflict–of–Interest Code amendments. The original 45–day Notice was published on November 18, 2022, Notice Register 2022, Number 46–Z.” TITLE 22.

NOTICE OF INTENTION TO AMEND THE CONFLICT–OF– INTEREST CODE OF THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES NOTICE IS HEREBY GIVEN that the Califor- nia Department of Social Services (CDSS), pursu - ant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on Friday, February 10, 2023 and closing on March 27, 2023. All inquiries should be directed to the contact listed below. The CDSS proposes to amend its conflict–of–inter- est code to include employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: ■ Adding new positions that make or participate in the making of governmental decisions, ■ Removing positions that were deemed as not making or participating in the making of govern- mental decisions, ■ Adding new divisions, ■ 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 March 27, 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 March 27, 2023. The CDSS 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 6-Z 143 All i nquiries c oncerning t his p roposed a mendment and a ny c ommunication r equired b y t his n otice s hould be d irected t o: M J J ohnson a t ConflictofInterest@dss. ca.gov PETITION DECISION DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY January 27, 2023 Leonard Lang 1713 Mimosa Ln. Euless, TX 76039 Via email: lang@recyclingandregulation.co Dear Mr.

Lang: Thank y ou f or y our l etter o f D ecember 3 0, 2 022, petitioning f or t he c essation o f c ertain p repayment controls u sed b y t he d epartment a nd f or r ulemaking on v olume s pikes. T his p etition is b eing t racked b y the D epartment o f R esources R ecycling a nd R ecov- ery ( Department) a s P etition f or R ulemaking N o. 2022–12–30. T he D epartment r ejects t he p etition f or the c essation o f c ertain p repayment c ontrols u sed b y the d epartment a nd a ccepts t he pa rt o f t he p etition o n volume s pikes.

T he D epartment is d enying t he p eti- tion for rulemaking on volume spikes. The fi rst pa rt o f y our p etition se eks “ …the d epart- ment t o s top u sing t he p ractice o f p repayment c on- trols.” T his is n ot a p etition f or r ulemaking u nder se c- tion 1 1340.7 o f t he G overnment C ode a s i t d oes n ot request t he a doption, a mendment, o r r epeal o f a r eg- ulation. T he D epartment r ejects t he fi rst pa rt o f y our petition. The se cond pa rt o f y our p etition se eks t he a doption of r egulations p ertaining t o v olume s pikes.

A s t his part o f y our p etition c onforms t o t he r equirements o f a p etition u nder se ction 1 1340.7 o f t he G overnment Code, the Department accepts the second part of your petition f or s ubmission. T he D epartment d enies t he second pa rt o f y our p etition f or t he r eason e xplained below.

In o rder t o p rioritize r eviews a nd i nvestigations o f certified e ntities u nder t he C alifornia B everage C on- tainer R ecycling a nd L itter R eduction A ct u nder se c- tion 1 4500, et . se q. o f t he P ublic R esources C ode a nd to p revent p rogram pa yments, f unded b y c onsumers in C alifornia, f or i neligible m aterial, t he D epartment uses a v ariety o f i nformation s ources i ncluding v ol- ume spikes. Subdivision (

e) o f se ction 1 1340.9 o f t he G overn- ment C ode e xplicitly e xcludes a r egulation t hat e s- tablishes c riteria o r g uidelines u sed b y a n ag ency i n performing a n a udit, i nvestigation, e xamination, o r i n- spection i f t he d isclosure o f t he c riteria o r g uidelines would e nable a l aw v iolator t o a void d etection. I f t he Department p romulgated s tandards f or w hen v olume spikes w ould b e i nvestigated o r r eviewed, t hen p oten- tial law violators would use those regulations to evade detection by the Department.

The D epartment h as t he a uthority t o a dopt, a mend, and r epeal r egulations r elated t o t he A ct p ursuant t o Public R esources C ode se ctions 1 4530.5 a nd 1 4536. I n accordance w ith G overnment C ode se ction 1 1340.7(d), a c opy o f t his l etter is b eing t ransmitted t o t he O ffice of A dministrative L aw f or p ublication i n t he C alifor- nia R egulatory N otice R egister.

T he ag ency c ontact person o n t his m atter a nd t he p erson f rom w hom a copy o f t he p etition m ay b e o btained is C raig C astle- ton, R egulations U nit, 1 001 I S treet, M S–24B, S ac- ramento, C alifornia 9 5814, regulations@calrecycle. ca.gov, (916) 322–0879. Please d irect a ny f urther c ommunications r egarding this p etition o r o ther p etitions f or r ulemaking t o t he Regulations Unit at regulations@calrecycle.ca.gov. Sincerely, /s / Mindy McIntyre Chief Deputy Director Department of Resources Recycling and Recovery ( CalRecycle)

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH THE SECRETARY OF STATE This S ummary o f R egulatory A ctions l ists r egula- tions fi led w ith t he S ecretary o f S tate o n t he d ates i n- dicated. C opies o f t he r egulations m ay b e o btained b y contacting t he ag ency o r f rom t he S ecretary o f S tate, Archives, 1 020 O S treet, S acramento, C A 9 5814, ( 916) 653−7715. P lease h ave t he ag ency n ame a nd t he d ate filed (see below) when making a request. Department of Alcoholic Beverage Control File # 2023–0118–01 Ad