Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 49–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW DECEMBER 8, 2023 PROPOSED ACTION ON REGULATIONS TITLE 9. DEPARTMENT OF REHABILITATION Basic Competitive Grant Award Process — Notice File Number Z2023–1120–02 ............................. 1603 TITLE 13.

DEPARTMENT MOTOR VEHICLES Driver’ s Licenses and Identification Cards, Gender Categories — Notice File Number Z2023–1128–01 .......... 1606 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080–2023–017–05, Kelt Reservoirs Project, Community of Orcutt, Santa Barbara County ........................................................................... 1608 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Notice of Proposed Settlement ..................................................................... 1612 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Notice of Public Meeting and Business Meeting — Updated Meeting ID and Access Code Numbers .............. 1613 STATE FIRE MARSHAL Changes to Website Link Location of Rulemaking and Other Documents for Previously Published Notice Concerning Aboveground Petroleum Storage Act Program (Original Notice Published on November 3, 2023) .............................................................................. 1614 PETITION DECISION BOARD OF PAROLE HEARINGS Regarding Petition from Henry Mitchell Concerning Clemency Regulations ................................. 1615 (Continued on next page)

A V AILABILITY OF PRECEDENTIAL DECISIONS INDEX DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Notice of Availability of Precedential Decisions Index and Decision Index .................................. 1617

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 1617 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1603 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 9. DEPARTMENT OF REHABILITATION BASIC COMPETITIVE GRANT AWA R D PROCESS The Department of Rehabilitation (hereinafter “De- partment”) proposes to adopt the proposed regula - tions described below after considering all comments, objections, and recommendations regarding the pro - posed action. PUBLIC HEARING The Department will hold a virtual public hearing on January 25, 2024, at 10:00 a.m.

Attendees may participate via Zoom online meeting platform or tele - phone conferencing as follows. Join Zoom Meeting Meeting URL: https://dor–ca–gov.zoom.us/j/8482 9379462?pwd=Zkx3NIJTVWpoeEU1Si9HcW0 0amVTUT09 Meeting ID: 848 2937 9462 Passcode: 10Te^g%p Join by Telephone For higher quality, dial a number based on your cur- rent location.

Dial: +1 408 638 0968 US (San Jose) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 312 626 6799 US (Chicago) +1 646 876 9923 US (New York) +1 301 715 8592 US (Washington DC) Meeting ID: 848 2937 9462 Passcode: 72606219 Closed captioning will be available within the Zoom meeting application. The Department is providing American Sign Language interpreters for this event. The interpreters will be available within the Zoom meeting application.

As a reasonable accommodation, limited in person seating may be available at the hearing in the Depart - ment’s conference room, 721 Capitol Mall, Sacramen- to, California 95814. Please email Michele Welz or dial (916) 558–5825 by January 18, 2024, if an accommo- dation is necessary. Participants will be given instructions on how to provide oral comment once they have accessed the hearing. The hearing will continue on the date noted above until all testimony is submitted, or until 11:00 a.m., whichever is later.

At the hearing, any person may present statements or arguments orally or in writ- ing relevant to the proposed action described in the In- formative Digest. The Department requests, but does not require, that persons who make oral comments at the hearing also submit a written copy of their testi - mony via email to the DOR Legal mailbox.

WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to: Department of Rehabilitation Office of Legal Affairs and Regulations Attention: Michele Welz, Regulations Analyst 721 Capitol Mall. Sacramento, California 95814 Facsimile: (916) 558–5806 Email: Legal@dor.ca.gov The written comment period closes at 5:00 p.m. on January 25, 2024. The Department will consider only comments received at the Department by that time.

AUTHORITY AND REFERENCE Welfare and Institutions Code sections 19006 and 19016 authorize the Department to adopt these pro - posed regulations. The proposed regulations imple - ment, interpret, and make specific 34 Code of Federal Regulations

part 76.770. INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW The Department, as the designated state unit in Cal- ifornia for vocational rehabilitation and independent living, awards grant funds where permitted by stat - ute through a competitive solicitation process based on an evaluation of applications. (Welfare and Insti - tutions Code, § 4357.1; 29 U.S.C. §§ 713, 721 et seq., and 3003). Federal regulations require the Department to establish procedures for reviewing and approving applications for grants funded with federal dollars. (34 C.F.R. § 76.770.) While there are existing regula - tions applicable to the Department’s competitive grant

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1604 awards in the California Code of Regulations, title 9,

section 7334, the current regulations do not provide a description of the process. The proposed regulations will describe the Department’s competitive grant award process for the administrative review of appli - cations, evaluation of applications, notice of intent to award, and appeals. Anticipated Benefits of the Proposed Regulation The broad objective of the proposed regulations is to establish a competitive grant award process that will increase consistency and promote transparency in the Department’s award of grants through a competitive process.

Evaluation of Inconsistencies and Incompatibility with Existing State Regulations The Department has determined that the proposed regulations are not inconsistent or incompatible with existing regulations. After conducting a review for any regulation that would relate to or affect this area, the Department has concluded that these are the only regulations that concern the Department’s competitive grant award process. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None.

Cost or savings to any state agency: The proposed regulations clarify and standardize the Department’s competitive grant award process across its programs. The fiscal impact is difficult to quantify, given the va- riety of staff and the various needs of stakeholders in- volved in the Department’s different grant programs.

There is potential for a minimal increase in staff time spent drafting, sending, and posting communications to stakeholders and grant applicants at specified points in the grant process, including the appeals processes and ensuring that application review and scoring pro - cedures were followed before announcement of the grant award. The Department expects that any increased staff time, as described above, will be offset by the reviews provided in proposed sections 7333.4, 7333.9, and 7333.15.

By conducting these reviews, the Department will determine whether procedures were followed and resolve procedural errors prior to notice of award, thereby reducing time and resources otherwise spent on appeals and re–evaluation of grant applications. The proposed regulations will not affect any other state agency or program. Costs 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: None. Cost or savings in federal funding to the state: None.

Cost impacts on a representative private person or business: The Department is not aware of any cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact di - rectly affecting business including the ability of Cali - fornia businesses to compete with businesses in other states: None. Significant effect on housing costs: None.

Results of the Economic Impact Analysis or Assessment The Department concludes that it is: (1) unlikely that the proposed regulations will eliminate any jobs, (2) unlikely that the proposed regulations will create jobs, (3) unlikely that the proposed regulations will create any new business, (4) unlikely that the proposed regu- lations will eliminate any existing businesses, and (5) unlikely that the proposed regulations will result in the expansion of businesses currently doing business with the state.

Benefits of the Proposed Action: The proposed reg- ulations will better inform applicants and the public of the Department’s processes for review and evaluation of grant applications, notices of intent to award, and appeals, increase consistency and transparency, and support timely award of grants that benefit the health and welfare of California residents, specifically Cali - fornians with disabilities. The state’s environment and workers safety will remain unchanged by this pro - posed action.

Small Business Determination: The Department has determined that these proposed regulations will not affect small businesses, as the entities that may be interested in the Department’s competitive grants do not meet the definition of small business provided in Government Code

section 11342.610. Grant opportu - nities are open to entities, typically nonprofits, with demonstrated experience with the provision of voca - tional rehabilitation, independent living, or similar services to persons with disabilities. For its assistive technology lending program grant, the Department has permitted for–profit entities with assistive tech - nology device expertise to apply. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Department must determine that no reasonable alternative it considered or that has other - wise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1605 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 the law. The Department invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the proposed regulations during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Department of Rehabilitation Office of Legal Affairs and Regulations Attention: Michele Welz, Regulations Analyst 721 Capitol Mall, Sacramento, California 95814 Telephone: (916) 558–5825 Facsimile: (916) 558–5806 Email: Legal@dor.ca.gov Please email Lisa Niegel, Chief Counsel, who is the backup contact person for these inquiries or dial (916) 558–5825.

Please email Michele Welz or direct requests to the address above for copies of the Proposed Text of the Regulations, Proposed Text of the Regulations with Word Cues, Initial Statement of Reasons, Modified Proposed Text of Regulations, or other information upon which the rulemaking is based upon. These doc- uments are also available on the Department’s website. The Department will also provide copies of the regu - lation proposal in large print, braille, compact disk, or transmit copies of the regulation proposal electroni - cally, as a reasonable accommodation upon request.

The Department shall provide, upon request, a nar - rative description of the proposed changes included in the proposed action, in the manner provided by Gov - ernment Code

section 11346.6, to accommodate a per- son with a visual or other disability for which effective communication is required under state or federal law. Providing the description of proposed changes may re- quire extending the period of public comment on the proposed action for the requesting party. AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above ad - dress by appointment and on its website.

As of the date, this notice is published in the Notice Register, the rulemaking file consists of this Notice of Pro - posed Rulemaking, Proposed Text of the Regulations, and Initial Statement of Reasons. The Proposed Text of Regulations with Word Cues, indicating strikeout and underline, is also available in the rulemaking file and on the Department’s website. To request copies or make an appointment to inspect the rulemaking file at the Department’s office, please email Michele Welz or direct requests to the address or phone number listed above.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After the public hearing and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice. If the Department makes modi - fications 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 calendar days before the Department adopts the regu - lations as revised. Please email Michele Welz or direct requests to the address above for copies of any modi - fied regulations.

The Department will accept written comments on the modified regulations for 15 calendar days after the date on which they were made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by emailing Michele Welz or directing requests to the address above. The Final Statement of Reasons will also be available on the Department’s website for 30 calendars days after approval the effective date of approval of the regula - tions by the Office of Administrative Law, unless the rulemaking package is withdraw pursuant to Govern - ment Code

section 11349.3(

c) by the Department. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, Proposed Text of the Regulations with underline and strikeout, Proposed Text of Regulations with Word Cues indicating strikeout and underline, and Initial Statement of Reasons are available on the Depart - ment’s website.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1606 TITLE 13. DEPARTMENT OF MOTOR VEHICLES DRIVER’S LICENSES AND IDENTIFICATION CARDS The Department of Motor Vehicles (department) proposes to amend

Section 20.05 in

Article 2.0, Chap- ter 1, Division 1, Title 13 of the California Code of Regulations, related to gender categories for driver’s licenses and identification cards. PUBLIC HEARING A public hearing regarding this proposed regulato - ry action is not scheduled. However, a public hearing will be held if any interested person or his or her duly authorized representative requests a public hearing to be held relevant to the proposed action by submitting a written request to the contact person identified in this notice no later than fifteen (15) days prior to the close of the written comment period.

DEADLINE FOR WRITTEN COMMENTS Any interested party or his or her duly authorized representative may submit written comments rele - vant to the proposed regulations to the contact person identified in this notice. All written comments must be received at the department no later than January 22, 2024, the final day of the written comment period, in order for them to be considered by the department before it adopts the proposed regulation. AUTHORITY AND REFERENCE The department proposes to amend these regula - tions under the authority granted by Vehicle Code

section 1651, in order to implement, interpret, or make specific Vehicle Code sections 12800, 12801.5, 12801.9, and 13000. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Vehicle Code

section 12800 identifies a list of in - formation each application for a driver’s license must include, and includes, among other things, the appli - cant’s gender category. In 2018, the department promulgated rules to ensure compliance with the provisions of Senate Bill (SB) 179 (Atkins,

Chapter 853, Statutes of 2017). SB 179 requires a driver’s license or identification card appli- cant to choose their gender category of female, male, or nonbinary. Current rules require a cardholder to visit a depart - mental field office to submit a Gender Category Re - quest, form DL 329S, if requesting a gender category which differs from the gender category on the card - holder’s documents used to establish proof of identi - ty or on their driver’s license or identification card.

In previous rulemaking, the department determined an in–person field office visit ensures, through pho - tograph verification, the applicant is the actual card - holder requesting the change to their driver’s license or identification card. At the time the current rules were adopted, the department determined the in–per - son field office visit reduced the opportunity for fraud. The department is proposing to amend

Section 20.05 to allow holders of non–federal compliant driv - er’s licenses or identification cards to submit their gender category change request online through the department’s internet portal.

Section 20.05 is also be - ing amended to make clear that applicants who have a REAL ID–compliant driver’s license or identification card are still required under federal rules to facilitate their gender change transaction in person. These ap - plicants can complete their gender change information through the department’s portal but they will be re - quired to appear in person to complete the transaction. The department has made significant upgrades to its website to reduce or eliminate the need for the public to visit a field office for certain transactions.

Through the department’s modernization efforts, an applicant’s identity is verified through the department’s internet portal. Online submission also allows for the appli - cant to receive the non–compliant driver’s license or identification card sooner, as the form is submitted directly to the departmental unit responsible for the processing. BENEFITS OF THE PROPOSED REGULATION The proposed regulation benefits applicants holding a federal non–compliant driver’s license or identifica- tion card by allowing them to submit a gender catego- ry request form online.

This action will eliminate the requirement that those applicants visit a field office. CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS The department conducted a review of other Cal - ifornia regulations and has determined the proposed regulations are neither inconsistent nor incompatible with existing state regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1607 COMPARABLE FEDERAL STATUTES OR STATE REGULATIONS The department has determined that there are no comparable federal statutes or state regulations. DOCUMENTS INCORPORATED BY REFERENCE The proposed action will not incorporate by refer - ence any documents.

ECONOMIC AND FISCAL IMPACT DETERMINATIONS The department has made the following initial de - terminations concerning the proposed regulatory action: ● Cost or Savings to Any State Agency: None. ● Other Non–Discretionary Cost or Savings to Lo - cal Agencies: None. ● Costs or Savings in Federal Funding to the State: None. ● Effects on Housing Costs: None. ● Cost to any local agency or school district requir- ing reimbursement pursuant to Gov. Code

section 17500 et seq.: None. ● Cost Impact on Representative Private Persons or Businesses: This action does not impose any costs on representative private persons or busi - nesses. This proposed action allows the gender category request to be submitted online as an al - ternative to being submitted in person at a field office. ● Small Business Impact: This proposed action does not impact small businesses; the proposed action only impacts driver’s license and identifi - cation card holders. ● Local Agency/School District Mandate: The pro- posed regulatory action will not impose a man - date on local agencies or school districts, or a mandate that requires reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Divi- sion 4 of the Government Code. ● Significant statewide adverse economic impact directly affecting businesses, including the abili - ty of California businesses to compete with busi - nesses in other states: This regulation will not have an adverse economic impact on businesses. This proposed action offers an alternative method by which an individual can submit a gender cat - egory request form to the department for certain driver’s license or identification card transactions.

RESULTS OF THE ECONOMIC IMPACT STATEMENT The department has made the following determina - tions when assessing the economic impact associated with this proposed regulation: The department has determined that this action will not impact: 1) the creation or elimination of jobs with- in the State of California, 2) the creation or elimina - tion of existing businesses within the State of Cali - fornia, 3) the expansion of businesses currently doing business within the State of California, or 4) worker safety or the state’s environment.

This action is intended to benefit the public by pro - viding an alternative service method for applicants applying to the department to change the gender cat - egory designation on their non–REAL ID–compliant driver’s license or identification card. PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS A pre–notice workshop, pursuant to Government Code

section 11346.45, is not required because the is- sues addressed in the proposal are not so complex or large in number that they cannot easily be reviewed during the comment period.

ALTERNATIVES CONSIDERED The department must determine that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention of the department would be more effective in carrying out the purpose for which the action is proposed, or would be effective as and less burdensome to affect - ed 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 provisions of law.

CONTACT PERSON Any inquiries or comments concerning the pro - posed rulemaking action may be addressed to: Randi Calkins, Regulations Specialist Department of Motor Vehicles Legal Affairs Division PO Box 932382, MS C–244 Sacramento, CA 94232–3820 Any inquiries or comments concerning the pro - posed rulemaking action requiring more immediate response may use:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1608 Telephone: (916) 282–7294 Facsimile: (916) 657–6243 Email: LADRegulations@dmv.ca.gov In the event the contact person is unavailable, in - quiries should be directed to the following back–up person: Peggy Gibson, Attorney IV Department of Motor Vehicles Telephone: (916) 657–6469 AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The department has prepared an Initial Statement of Reasons for the proposed regulatory action and has available all the information upon which the proposal is based.

The contact person identified in this notice shall make available to the public upon request the Ex- press Terms of the proposed regulatory action using underline or italics to indicate additions to, and strike- out to indicate deletions from the California Code of Regulations. The contact person identified in this notice shall also make available to the public, upon request, the Final Statement of Reasons and the location of pub - lic records, including reports, documentation and other materials related to the proposed action.

In addition, the above–cited materials (the Notice of Proposed Regulatory Action, the Initial State - ment of Reasons, and Express Terms) may be ac - cessed at https://www.dmv.ca.gov/portal/about– the–california–department–of–motor–vehicles/ california–dmv–rulemaking–actions/ . AVAILABILITY OF MODIFIED TEXT Following the written comment period, and the hearing if one is held, the department may adopt the proposed regulations substantially as described in this notice.

If modifications are made which are sufficient- ly related to the originally proposed text, the fully modified text, with changes clearly indicated, shall be made available to the public for at least 15 days prior to the date on which the department adopts the resulting regulations. Requests for copies of any modified regu- lations should be addressed to the department contact person identified in this notice. The department will accept written comments on the modified regulations for 15 days after the date on which they are first made available to the public.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 2080–2023–017–05 Project: Kelt Reservoirs Project Location: Community of Orcutt, Santa Barbara County, California Applicant: Golden State Water Company Background The Golden State Water Company (GSWC) propos- es to construct, operate, and maintain the Kelt Res - ervoirs Project (Project), which will consist of a 1.3– mile waterline segment within an existing road, two water tank reservoirs, and associated infrastructure.

The Project will be located on and adjacent to Orcutt Hill Road south of the community of Orcutt in Santa Barbara County. The waterline segment will be con - structed within Orcutt Hill Road. The two water res - ervoirs will be constructed in undeveloped lands that support annual grasslands and coyote brush scrub. An existing staging area will be used for materials and equipment storage during Project construction. The staging area is currently used and maintained by the local energy company (Pacific Coast Energy Compa - ny) and is fenced to prohibit accidental egress into ad- jacent habitats.

The staging area includes bare ground with mixed native and imported base substrates. The Project activities will be conducted in two phases. Phase 1 will include installation of the waterline and development of the 2.17–acre reservoir site. One of the two water tank reservoirs will be installed during Phase 1 of the Project. Phase 2 will include the instal- lation of the second water tank reservoir immediately adjacent to the first water tank reservoir. GSWC will construct the second reservoir when water demand ne- cessitates the additional storage and funding is avail - able.

GSWC anticipates the second reservoir to be nec- essary in the next 10–12 years. The Project duration, including long–term planning of water supply needs and operations and maintenance, will be 20 years. The Project site includes the waterline segment (the asphalt surface of Orcutt Hill Road and 2–foot buffer on both sides of Orcutt Hill Road), an existing lay - down yard that is adjacent to Orcutt Hill Road, and the reservoir site. The reservoir site includes approximate- ly 2 acres on the south side of Orcutt Hill Road. In its entirety, the Project site includes 7.15 acres.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1609 The Project, including installation of the waterline and development of the reservoir site, includes the fol- lowing construction activities: ● M aterials and equipment staging. ● T renching, pipeline and hydrant installation, and backfill for the waterline. ● C learing, grubbing, excavation, backfill, grading, and cover to meet required engineering standards at the reservoir site, inclusive of the access road. ● I nstallation of water tanks and associated under - ground infrastructure at the reservoir site. ● I nstallation of the reservoir site perimeter fence and drainage basins.

Operations and maintenance activities are anticipat- ed to include: ● P eriodic inspection and replacement of valves, pipelines, pumps, and other related equipment. ● W eed control and landscape screening. ● C atch basin maintenance including sediment re - moval, erosion repairs, and weed control. ● D riving and parking on the improved surfaces within the reservoir site. ● F ence repairs. The Project will require heavy equipment (e.g., water truck, excavator, backhoe, loader, flatbed trail - er), and all necessary equipment needed to complete construction.

The Project activities described above are expect - ed to incidentally take 1 California tiger salamander (Ambystoma californiense ) (CTS) within the West Los Alamos CTS metapopulation of Santa Barbara County where those activities take place within un - developed areas. CTS could be incidentally taken as a result of crushing or entombment by equipment or personnel (from collapsing of burrows), or entrapment in trenches during trench excavation.

CTS is designat- ed as an endangered species pursuant to the federal Endangered Species Act (ESA) (16 U.S.C. § 1 531 et seq.) and a threatened species pursuant to the Califor - nia Endangered Species Act (CESA) (Fish & G. Code, § 2 050 et seq.). (See Cal. Code Regs., title 14, § 6 70.5, subdivision. (b)(3)(G).) The Project site lies within the historic range and federal critical habitat of CTS.

The Project Site does not support any CTS breeding ponds; however, a potential CTS breeding pond, herein referred to as “ORCU–2,” is situated 150 feet east of the waterline segment and approximately 1,700 feet north of the 1 Pursuant to Fish and Game Code

section 86, “ ‘ Take’ means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” See also Environmental Protection In - formation Center v. California Department of Forestry and Fire Protection (2008) 44 CAL.4 th 459,507 (for purposes of incidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “ ‘ take’…means to catch, capture or kill”). reservoirs site. Protocol CTS surveys have not been conducted at ORCU–2. Because of the proximity of suitable breeding pond to the Project Site, and poten - tial upland CTS habitat within the Project Site, and the dispersal patterns of CTS, the US Fish and Wildlife Service (Service) determined that CTS is reasonably certain to occur within the Project site and that Project activities are expected to result in the incidental take of CTS.

According to the Service, the Project will result in the temporary loss of 1.32 acres of CTS habitat, and the permanent loss of 0.68 acres of CTS habitat. Because the Project is expected to result in take of a species designated as endangered under the ESA, GSWC prepared a habitat conservation plan (HCP) in support of an application for an incidental take per - mit (ITP) pursuant to

section 10(a)(1)(

B) of the ESA. The HCP describes the Project and specifies measures GSWC will take to minimize and mitigate impacts to species resulting from the taking that will likely re - sult from the Project. On July 25, 2023, the Service is- sued an ITP (Service file Number ESPER3596122) to GSWC. The ITP requires GSWC to comply with terms of the HCP and incorporates additional conditions. On October 24, 2023, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from GSWC requesting a determination pur - suant to Fish and Game Code

section 2080.1 that the ITP and associated HCP are consistent with CESA for purposes of the Project and CTS. (Cal. Reg. Notice Register 2023, Number 45–Z, p. 1472.) Determination CDFW has determined that the ITP and its associ - ated HCP are consistent with CESA as to the Project and CTS because the mitigation measures contained in the ITP and HCP meet the conditions set forth in Fish and Game Code

section 2081, subdivisions (

b) and (c), for authorizing incidental take of CESA–list - ed species. Specifically, CDFW finds that: (1) take of CTS will be incidental to an otherwise lawful activity; (2) the mitigation measures identified in the ITP and HCP will minimize and fully mitigate the impacts of the authorized take; (3) adequate funding is ensured to implement the required avoidance minimization and mitigation measures and to monitor compliance with, and effectiveness of those measures; and (4) the Project will not jeopardize the continued existence of CTS.

The mitigation measures in the ITP and HCP include, but are not limited to, the following: Avoidance and Minimization Measures 1. A t least 30 days prior to ground–disturbing ac - tivities, GSWC will submit the names and cre - dentials of biologists and monitors to the Service and CDFW for approval to conduct the Avoid - ance and Minimization Measures (AMMs) out -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1610 lined below. No Project activities will begin until the GSWC has received approval from the Ser - vice and CDFW that the biologists and monitors are qualified to implement the AMMs. 2. The approved biologist will conduct a biological resources training program for all construction workers and their contractors to minimize poten - tial impacts to CTS and their habitats. Training will occur prior to initial ground–disturbing ac - tivities and be repeated annually and as needed for new workers for the duration of the Project.

The training program will include a description of: (1) important biological resources within the Project site, specifically CTS that have potential to occur within or adjacent to work areas; (2) the applicable AMMs; (3) the roles and responsibili - ties of personnel; and (4) communication proto - cols if CTS are detected. 3. The approved biologist will periodically review and monitor ground disturbing activities and res - toration efforts and will be responsible for ensur- ing that conditions of approval are being enforced and that success criteria are being met.

Except for emergency situations, the approved biologist will have the authority to temporarily halt activities if permit requirements and conditions are not being met. Emergency situations that may take high - er priority than the biologist’s authority may in - clude fire spreading beyond the site, situations where a human’s safety is at risk, hazardous ma - terials spill containment, a ruptured water line, or other situations that may result in an immediate threat to human safety or the environment.

The monitoring biologist will notify the Service and CDFW if emergency situations result in permit non–compliance. 4. Prior to ground–disturbing activities, GSWC will ensure that all grading limits and construction boundaries, including staging areas, parking, and stockpile areas, are delineated and clearly marked in the field. GSWC will confine all work to the demarcated Project limits. 5. GSWC will review and modify all proposed lin - ear routes (i.e., roads and pipelines), if necessary, in the field to minimize impacts to CTS with as - sistance by the on–site biologist or environmen - tal monitor.

The approved biologist will survey all portions of the Orcutt Hill Road shoulder that are adjacent to the pipeline alignment for small mammal burrows. Any small mammal burrows will be flagged by the biologist and excluded from disturbance. The biologist will immediately noti- fy the on–site contractors to inform them that the burrow must be avoided. 6. Personnel will limit their vehicle use to existing routes of travel. Travelling off designated roads will be prohibited. 7.

To minimize the potential for road mortality of CTS and their habitat, GSWC will minimize nighttime traffic during the ground–disturbing phase to the extent feasible; all hauling activ - ities within habitat for covered wildlife will be restricted to daylight hours during the rainy sea - son, defined as the hours after sunrise and before sunset. 8. Except in areas with posted speed limits great - er than 10 miles per hour, Project–related vehicle speeds will not exceed 10 miles per hour when driving within CTS habitat. 9.

Prior to moving vehicles or equipment, personnel will look under the vehicles or equipment for the presence of CTS. If a CTS or any other wildlife species is observed, the vehicle will not be moved until the animal has vacated the area on its own accord or has been relocated out of harm’s way in accordance with Measure 11. 10. The approved biologist will conduct pre–activi - ty surveys of CTS habitat within Project distur - bance boundaries immediately prior to the on - set of any ground disturbance associated with the Project to determine if any CTS individuals are present.

The approved biologist will moni - tor ground disturbing activities in the vicinity of habitats to be avoided. Upon completion of ini - tial ground disturbance, the approved biologist or monitor will periodically (minimum twice per week) visit the Project site throughout the ground–disturbing period to ensure that impacts to the Project site are in compliance with the per- mit. After periods of rain, the approved biologist will conduct daily pre–activity surveys to ensure no CTS have migrated into the work area prior to ground–disturbing activities resuming.

No con - struction work will be initiated until the approved biologist determines that the work area is clear of CTS. Should any CTS be observed within harm’s way, the animal will be allowed to vacate the area on its own accord or be relocated in accordance with Measure 11. 11. Any CTS or individuals of other wildlife species will be allowed to vacate the Project areas on its own accord under the observation of the approved biologist or monitor.

If any CTS or individuals of other wildlife species do not relocate on their own, or if they are in harm’s way, they will be re- located out of harm’s way to nearby suitable habi- tat, similar to that in which it was found and out - side the Project area. Only the approved biologist will relocate CTS. The biologist conducting re -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1611 location activities will follow the Declining Am - phibian Task Force Fieldwork Code of Practice (https://www.fws.gov/southwest/es/NewMexico/ documents/SP/Declining_Amphibian_Task_ Force_Fieldwork_Code_of_Practice.pdf). The approved biologist will relocate any CTS found within the Project footprint to an active rodent burrow system located no more than 300 feet outside of the Project area unless otherwise ap - proved by the Service and CDFW.

Captured in - dividuals will be relocated immediately; individ - uals will not be stored for lengthy periods or in heated areas. The approved biologist will moni - tor relocated CTS until they enter a burrow and are concealed underground or otherwise deemed safe in the relocation area by the biologist. Re - location areas will be identified by the approved biologist based on the best suitable habitat avail - able. The approved biologist will document both the capture and relocation sites by photographs and Global Positioning System (GPS) locations.

CTS will be photographed and measured (snout– vent) for identification purposes prior to reloca - tion. All documentation will be provided to the Service and CDFW within 24 hours of reloca - tion. The approved biologist or monitor shall re - port all observations of CTS and other special– status species to the California Natural Diversity Database (CNDDB). 12.

Small mammal burrows that have potential to be occupied by CTS and that occur in the dis - turbance area will be excavated using hand tools or through gentle excavation using construction equipment, under the direct supervision of the ap- proved biologist, until it is certain that the bur - rows are unoccupied. “Gentle excavation” is an excavation technique involving slow and shal - low single passes with a backhoe/excavator buck- et perpendicular to the burrow alignment that al - lows for burrow inspection for individuals after each pass.

Individual CTS that are encountered will be allowed to vacate the area on their own accord or be relocated out of harm’s way in accor- dance with Measure 11. 13. GSWC will install exclusionary silt fencing (or other suitable fence material) at the discretion of the approved biologist to minimize the potential for CTS to enter the worksite. GSWC will main - tain exclusionary fencing for the duration of the Project. If a CTS or other wildlife species is ob - served within an enclosed worksite, a portion of the fencing will be removed to allow the individ- ual to vacate the area on its own.

Alternatively, the animal may be relocated out of harm’s way in accordance with Measure 11. 14. GSWC will ensure all construction and sediment control fencing is inspected each workday during construction activities to ensure they are func - tioning properly, and that CTS are not being ex - posed to hazards. 15. GSWC will ensure steep–walled excavations (e.g., trenches) that may act as pitfall traps are in- spected for wildlife at least once per day and im - mediately before backfilling.

In lieu of daily in - spections (weekends, etc.), exclusionary fencing, covers, ramps, or similar measures will be taken to prevent wildlife entrapment. 16. GSWC will ensure open pipe segments are capped or sealed with tape (or equivalent mate - rial) nightly, or otherwise stored at least 3 feet aboveground. Should a pipe segment become oc- cupied by a CTS or any other wildlife species, the animal will be allowed to vacate the pipe on its own or will be removed and relocated in accor - dance with Measure 11.

If the animal is in dan - ger of injury or mortality, the pipe may be moved once to get it out of harm’s way so the animal can then vacate on its own terms. 17. GSWC shall conduct initial grading activities within the reservoir site in the dry season (June 1–October 31), to the extent practicable. If the area is amidst drought and rain is not forecast to occur for 1 week, outside of the dry season, the Permittee may request the Service and CDFW to authorize work to occur before June 1 or after Oc- tober 31 and until seasonal rains are forecasted to occur.

Initial grading activities in the reservoir site may not occur when greater than 0.5 inch of precipitation is forecast to occur within 48 hours of the scheduled grading. 18. Work shall not occur during rain events, 48 hours prior to significant rain events (>0.5 inch), or dur- ing the 48 hours after these events, to the extent practicable. If work must occur 48 hours prior to significant rain events (>0.5 inch) or during the 48 hours after these events, the approved monitor shall conduct a pre–activity survey to ensure that the work area is clear of dispersing amphibians. 19.

The GSWC will ensure that all staging areas, equipment storage areas, stockpile sites, and re - fueling areas are located at least 100 feet from surface water bodies and wetland habitats to min- imize the potential for releases into surface water or wetland habitat. In lieu of the 100–foot buf - fer, secondary containment measures may be em- ployed to prevent contamination of soil and water. 20. Prior to Project implementation, GSWC shall pre- pare an Erosion Control and Site Restoration Plan (Restoration Plan) for submittal and approval by the CDFW prior to initial site disturbances. The

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1612 Restoration Plan shall include the methods and materials required to restore the temporarily dis - turbed portions of the reservoir site. The Resto - ration Plan shall include finish grading the tem - porary disturbance areas to match the adjacent undisturbed contours; application of a hydroseed mix that includes soil binding mulch and local - ly consistent native annual and perennial grass - es, forbs, and shrubs; and a 5–year maintenance, monitoring, and invasive species management plan.

GSWC shall implement the Restoration Plan immediately following completion of the water tank installation. GSWC shall implement the monitoring and invasive species management actions for a minimum of 5 years. Monitoring and Reporting Measures 21. Upon locating CTS individuals that may be dead or injured as a result of Project–related activities, GSWC shall notify the Service Ventura Field Of- fice within 72 hours. In addition, upon locating a dead, injured, or entrapped CTS, GSWC will no- tify CDFW and submit a CNDDB record within 72 hours.

Mitigation and Security GSWC has completed the purchase of 2.20 CTS conservation credits from the La Purisima Conserva - tion Bank as documented by an August 28, 2023 Bill of Sale provided to CDFW. Because the bank credit purchase is complete, security is not required for this Project. Conclusion Pursuant to Fish and Game Code

section 2080.1, take authorization under CESA is not required for the Project for incidental take of CTS, provided GSWC implements the Project as described in the ITP and its associated HCP, including adherence to all measures contained therein, and complies with the mitigation measures and other conditions described in the ITP and its associated HCP.

If there are any substantive changes to the Project, including changes to the miti - gation measures, or if the Service amends or replaces the ITP or its associated HCP, GSWC shall be required to obtain a new consistency determination or a CESA incidental take permit for the Project from CDFW. (See generally Fish & G. Code, §§ 2080.1, 2081, sub- divisions (

b) and (c)). DEPARTMENT OF TOXIC SUBSTANCES CONTROL NOTICE OF PROPOSED SETTLEMENT THIS NOTICE OF PROPOSED SETTLEMENT is published on December 8, 2023, for the property located at 2007 Laura Avenue, Huntington Park, El Segundo, Los Angeles County California (the “Site”). In accordance with Health and Safety Code sections 25100 et.

Seq. (the Hazardous Waste Control Act), 25300 et seq. (the Hazardous Substance Account Act), 58009 and 58010, the Department of Toxic Substances Control (“DTSC”) has authority to enter into agree - ments whereby DTSC covenants not to sue or assert claims for environmental remediation against pro - spective owners and certain long term lessees of envi- ronmentally–impacted properties if such agreements are sufficiently in the public interest.

Notice is hereby given that DTSC proposes to en - ter into an Agreement and Covenant Not to Sue, also known as a Prospective Purchaser Agreement (“PPA”), associated with the Site located at 2007 Laura Avenue, Huntington Park, California. The PPA would resolve certain potential claims of DTSC against the potential prospective owner of the Site upon its acquisition of the Site and resulting change in status to owner. The potential prospective owner is Vandelay Brothers In - dustries, LLC (Vandelay).

Vandelay intends to use the 0.58–acre Site in Los Angeles County [Assessor’s Parcel Numbers 6321– 001–015] for commercial/industrial uses. Corrective action to address releases of hazardous wastes and hazardous constituents at the Site have been conducted under the oversight of DTSC and United States Environmental Protection Agency, Re - gion 9. Vandelay agrees to cooperate fully with DTSC in its oversight of the investigation and cleanup, and agrees to comply with the land use controls and to provide ongoing access to DTSC for the oversight of O&M activities at the Site.

The Prospective Purchaser Agreement is in the pub- lic interest because: 1. The Site will be investigated and cleaned up to make it safe for its intended commercial/indus - trial use. 2. The beneficial reuse of the Site will allow for the potential employment of an estimated 30 con - struction–related jobs. 3. The project will generate approximately $700,000 in annual property taxes and other revenue. DTSC will hold a 30–day comment period on the above referenced PPA. Written comments on this

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1613 proposed settlement must be submitted on or before 5:00 p.m., January 8, 2024. To ensure timely receipt by DTSC and Vandelay, you are requested to transmit your comments by overnight mail to: Department of Toxic Substances Control Attention: Jose Diaz 9211 Oakdale Avenue Chatsworth, California 91311 Jose.Diaz@dtsc.ca.gov And, Mr.

Jonathan Scott Vandelay Brothers Industries LLC 500 Church Street, Suite 600 Nashville, Tennessee 37219 Email: Scottbrothers@global.com If you have any questions regarding the Prospective Purchaser Agreement, or wish to obtain a copy, please call the DTSC contact identified above. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD “Editorial Note: The following Occupational Safety and Health Standards Board’s Notice of Public Meet - ing and Business Meeting was originally published in the October 27, 2023 California Regulatory Notice Register 2023, Number 43–Z.

The Board has updated the Meeting ID and Access Code numbers for both the Public and Business Meeting below:” NOTICE OF PUBLIC MEETING AND BUSINESS MEETING OF THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Pursuant to Government Code

Section 11346.4 and the provisions of Labor Code Sections 142.1, 142.2, 142.3, 142.4, and 144.6, the Occupational Safety and Health Standards Board of the State of California has set the time and place for a Public Meeting and Busi - ness Meeting: PUBLIC MEETING: On December 14, 2023, at 10:00 a.m. at the Robert H.

Miller III Rotary Clubhouse 7150 Baldwin Dam Road, Folsom, California as well as via the following: ● Video–conference at www.webex.com (meeting ID 1469 63 6425) ● Teleconference at (844) 992–4726 (Access code 1469 63 6425) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At the Public Meeting, the Board will make time available to receive comments or proposals from in - terested persons on any item concerning occupational safety and health. BUSINESS MEETING: On December 14, 2023, at 10:00 a.m. at the Robert H.

Miller III Rotary Clubhouse 7150 Baldwin Dam Road, Folsom, California as well as via the following: ● Video–conference at www.webex.com (meeting ID 1469 63 6425) ● Teleconference at (844) 992–4726 (Access code 1469 63 6425) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At the Business Meeting, the Board will conduct its monthly business. DISABILITY ACCOMMODATION NOTICE : Disability accommodation is available upon request.

Any person with a disability requiring an accommo - dation, auxiliary aid or service, or a modification of policies or procedures to ensure effective communi - cation and access to the public hearings/meetings of the Occupational Safety and Health Standards Board should contact the Disability Accommodation Coor - dinator at (916) 274–5721 or the state–wide Disability Accommodation Coordinator at 1–866–326–1616 (toll free). The state–wide Coordinator can also be reached through the California Relay Service, by dialing 711 or 1–800–735–2929 (TTY) or 1–800–855–3000 (TTY–Spanish).

Accommodations can include modifications of pol - icies or procedures or provision of auxiliary aids or services. Accommodations include, but are not limited to, an Assistive Listening System (ALS), a Computer– Aided Transcription System or Communication Ac - cess Realtime Translation (CART), a sign–language interpreter, documents in Braille, large print or on computer disk, and audio cassette recording. Accom - modation requests should be made as soon as possible. Requests for an ALS or CART should be made no lat- er than five (5) days before the hearing.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1614 STATE FIRE MARSHAL CHANGES TO WEBSITE LINK LOCATION OF RULEMAKING AND OTHER DOCUMENTS FOR PREVIOUSLYPUBLISHED NOTICE CONCERNING ABOVEGROUND PETROLEUM STORAGE ACT PROGRAM The Office of the State Fire Marshal (OSFM) Notice of Proposed Action (NOPA) for OSFM’s amendments concerning regulations relating to Aboveground Pe - troleum Storage Act (APSA) program element of the California Unified Program was originally published in the Notice Register 2023, Number 44–Z, November 3, 2023, page 1418. https://osfm.fire.ca.gov/what–we–do/code– development–and–analysis/title–19–development Due to a website upgrade, the website link location of the rulemaking and other OSFM hosted documents has changed to the above link.

These links were pre - viously published in the Notice of Proposed Action (NOPA), and the Initial Statement of Reasons, pages 4–5, “Documents Relied Upon.” Websites hosted by other agencies were not included in this upgrade. The Written Comment Period and Public Hear - ing dates have remained the same and are not impacted. Written Comment Period: November 3, 2023 — January 19, 2024 Public Hearing: January 19, 2024, 9:00 a.m. to 12:00 p.m. Please use the updated links in this NOTICE OF GENERAL INTEREST to access the rulemak - ing information and “Documents Relied Upon” as hosted by the OSFM.

Rulemaking Information: Documents and Public Hearing Documents: The complete text of the Notice, the Initial Statement of Reasons, the Express Terms (TEXT), and any other materials concerning this rulemaking are available on the Office of the State Fire Marshal’s website for this rulemaking at: https://osfm.fire.ca.gov/what–we–do/code– development–and–analysis/title–19–development Public Hearing: Meeting ID: 240 154 319 261 Passcode: y2dfQe https://teams.microsoft.com/dl/launcher/ launcher.html?url=%2F_%23%2Fl%2Fmeetup– join%2F19%3Ameeting_ZDcyZDk0MzktMm E0Ny00YmE0LWJiYTItZjg0YmQyMzZmYm E5%40thread.v2%2F0%3Fcontext%3D%257b %2522Tid%2522%253a%2522447a4ca0–5405– 454d–ad68c98a520261f8%2522%252c%2522Oid %2522%253a%252255dd5151–2626–4f47–82ff– 87b7f7bc788f%2522%257d%26anon%3Dtrue&t ype=meetup–join&deeplinkld=c6675992–8f5a– 48bd–b712–ceebba1ddc9e&directDl=true&msL aunch=true&enableMobilePage=true&suppress Prompt=true%20 “Documents Relied Upon”: as hosted by the OSFM: Previously published in the ISOR page, Pages 4 through 5.

OSFM Informational Bulletins, IB 14–005 and IB 14005–A: Under the 2014 tab: https://osfm.fire.ca.gov/resources/ information–bulletins 1. IB: 14–005 7/25/14 Underground Fuel Storage Tanks Prohibited for Use as Aboveground Fuel Storage Tanks (PDF) 2. IB: 14–005–A 1/29/15 Addendum — Underground Fuel Storage Tanks Prohibited for Use as Aboveground Fuel Storage Tanks (PDF) OSFM Advisory Committee Meeting materials: 2023 Meetings https://osfm.fire.ca.gov/committees/ aboveground–petroleum–storage–act–apsa– advisory–committee 3. Meeting: April 11, 2023 4. Meeting: June 20, 2023 5. Meeting: July 31, 2023 6.

Laird, John. “Legislative Intent — Assembly Bill Number 1130.” Letter to Dotson Wilson. 11 Sept. 2007. Journal of the Assembly, Legisla - ture of the State of California, 2007–2008 Regu - lar Session. Vol. 3.

Sacramento: Chief Clerk of the California State Assembly, 2007–2008. 3427– 3428. (ADA Compliant PDF) https://34c031f8–c9fd–4018–8c5a– 4159cdff6b0d–cdn–endpoint.azureedge. net/–/media/osfm–website/what–we–do/ pipeline–safety–and–hazardous–materials/ certified–unified–program–agency–cupa/ aboveground–petroleum–storage–act/laird– letter–ab1130–2007–ada.pdf Please reach out to the Agency Contacts for any questions or assistance: Jennifer Lorenzo, Senior Environmental Scientist (Supervisor) CAL FIRE/Office of the State Fire Marshal OSFM “CUPA” Programs 715 ‘P’ Street, Suite 900 Sacramento, CA 95814 jennifer.lorenzo@fire.ca.gov Phone: (916) 247–0159

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1615 PETITION DECISION BOARD OF PAROLE HEARINGS RESPONSE TO PETITION TO ADOPT, AMEND, OR REPEAL A REGULATION PURSUANT TO GOVERNMENT CODE SECTIONS 11340.6 AND 11340.7 BPH PETITION RESPONSE 2023–02 The Board of Parole Hearings (Board or BPH) re - ceived a petition to adopt, amend, or repeal a regu - lation under California Government Code sections 11340.6 and 11340.7 from petitioner Henry Mitchell on October 26, 2023. In accordance with subdivision (

a) of

section 11340.7, this document serves as the Board’s response to the petition. The following information is provided with the re - sponse in compliance with subdivision (

d) of Govern- ment Code

section 11340.7: 1. NAME OF AGENCY: Board of Parole Hearings 2. PARTY SUBMITTING THE PETITION: Henry Mitchell (V16058) 3. PROVISIONS OF THE CALIFORNIA CODE OF REGULATIONS REQUESTED TO BE AFFECTED: Petitioner requests the Board to adopt sections 2850 and 2851 to the California Code of Regulations, title 15, division 2, thereby reinstating certain provisions previously contained in repealed

section 2817, con - cerning the Board’s executive clemency procedures to refer persons sentenced to life without the possibility of parole (“LWOP”) to the Governor for a commutation. 4. REFERENCE TO AUTHORITY TO TAKE THE ACTION: Petitioner cited to title 15 of the California Code of Regulations and Penal Code sections 3041, 3052, and 5076.2. The Board has general rulemaking authority under Government Code

section 12838.4 and Penal Code sections 3052 and 5076.2 to promulgate, amend, or repeal regulations in division 2 of title 15 of the California Code of Regulations. 5. REASONS SUPPORTING THE AGENCY’S DECISION: Petitioner requests the Board to add

section 2850 and 2851 to division 2 of title 15 of the California Code of Regulations, thereby reinstating provi - sions previously contained in

section 2817, which was repealed in 1994. Petitioner’s request is denied. Petitioner’s request would reinstate

section 2817, which was repealed in

Section 2817 required the Board to consider persons convicted of a single felony and convicted to LWOP for possible referral to the Governor for a com- mutation or other action. The procedures included fac- tors that should be considered by psychological evalu- ators and the deputy commissioner when interviewing the incarcerated person. Re–adopting regulations that existed before 1994 would reinstate antiquated policies in trying to predict future risk, and would not reflect current procedures and standards the Board of Parole Hearings applies. Since the repeal of

section 2817, the science for as - sessing a person’s risk of violence has developed sig - nificantly. Today, Board commissioners are trained to use science–based risk analysis to assess a person’s risk of violence, and commissioners are provided re - sources to aide in this assessment. The primary re - source is the Comprehensive Risk Assessment, which is prepared by a forensic clinical psychologist in the Board’s Forensic Assessment Division. The Board’s psychologists use evidence–based risk assessment tools to guide their structured professional judgment concerning the person’s risk for violence.

The risk as- sessments further are based on both static and dynam- ic factors, evaluating an individual’s criminogenic risk factors, and determining whether the risk factors are currently relevant for that individual. Readopting sec- tion 2817 violates key pillars of the Board’s mission to “protect and preserve public safety, while ensuring due process to all persons who come under the Board’s jurisdiction” as the process would not be based on the most relevant science–based risk assessment methods. Therefore, the Board denies this request. Petitioner requests the Board to explain why sec- tion 2817 was repealed.

Section 2817 was repealed on January 19, 1994. In support of the repeal, the Board explained in its rulemaking that the procedures outlined in

section 2817, such as an investigation and hearing process, were not necessary to effectuate Penal Code

section 4801. Specifically, Penal Code

section 4801, subdivi - sion (a), provides that the Board “may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sen - tence ….” The broad, permissive authority outlined in

section 4801 did not require the Board to institute or maintain procedures mandating consideration for persons convicted of a single felony and sentenced to LWOP, nor did it require specific procedures. Accord- ingly, the Board repealed

section 2817, which became a burdensome process during a time of fiscal shortfall. Petitioner asserts that persons sentenced to LWOP are excluded from parole consideration by

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1616 the Board, but not persons sentenced to LWOP who qualify as youth offenders. Petitioner cites to Penal Code

section 3051, subdivi- sion (b)(4) to support Petitioner’s claim.

Section 3051, subdivision (b)(4) provides a parole consideration hearing to a person convicted of their controlling of - fense before reaching 18 years of age and sentenced to LWOP. The Supreme Court has held that it is a viola- tion of the Eighth Amendment to impose a sentence of LWOP for a person under the age of 18 at the time of crime. (Miller v. Alabama (2012) 132 S.Ct. 2455). The U.S. Supreme Court retroactively applied this ruling to juvenile offenders serving LWOP, which allowed them to request resentencing. ( Montgomery v.

Louisi- ana (2016) 136 S.Ct. 718.) After the Montgomery deci- sion, the California legislature passed Senate Bill 394 (2017–2018 Reg. Sess.), which amended Penal Code

section 3051 to provide parole consideration hearings to juveniles serving LWOP. Contrary to Petitioner’s al- legation, the Board does not unilaterally treat persons sentenced to LWOP differently than those who qualify as youth offenders; instead, the Board is following the law as enacted by the legislature and settled by case law 1. Petitioner asserts that certain persons sentenced to LWOP are excluded from clemency consider - ation by the Board, but not female prisoners sen - tenced to LWOP who suffered from Battered Wom- an Syndrome (BWS). Petitioner cites to

section 2830 of the Board’s regu- lations to support Petitioner’s allegation. This

section states, “[T]he Board shall investigate cases with infor- mation or evidence that the prisoner suffered Battered Woman Syndrome…. If the investigation substanti - ates that the criminal behavior was the result of that victimization, the Board shall then decide whether further action, which may include a recommendation to the Governor that the prisoner’s sentence be com - muted pursuant to Penal Code

section 4801….” Subsequent to the adoption of

section 2830, the leg- islature enacted Assembly Bill 394 (2005–2006 Reg. Sess.), which amended Penal Code

section 4801 to re- place the term “battered woman syndrome” with “inti- mate partner battering.” Penal Code

section 4801 now states, “For purposes of this section, ‘intimate partner battering and its effects’ may include evidence of the nature and effects of physical, emotional, or mental abuse upon the beliefs, perceptions, or behavior of victims of domestic violence….”

Section 4801 is not restricted to women; it applies to any victim of domes- 1 T h e C a l i f o r n i a S u p r e m e C o u r t i s r e v i e w i n g w h e t h e r a l l o w- ing parole consideration to those sentenced to LWOP for a crime committed when they were under 18, but not to those who were under 26 at the time of the commitment offense, is an equal pro - tection violation. (People v. Hardin, review granted Jan. 11, 2023, S277487, argument scheduled Dec. 5, 2023.) tic violence and reasonably falls within the application of

section 2830 of the Board’s regulations. The Board has consistently interpreted

section 2830 to apply to any person who suffered from intimate partner battering and has conducted numerous inves - tigations to determine if those cases warrant referral to the Governor. However, the Board also acknowl - edges the terminology change in the Penal Code is not reflected in the Board’s regulations, and this may con- fuse the incarcerated population.

Therefore, the Board will update all references in the California Code of Regulations, title 15, division 2, from “battered wom - an syndrome” to “intimate partner battering.” Petitioner asserts that persons with a single fel - ony and sentenced to LWOP do not receive equiv - alent consideration of commutation applications by the Board as persons with multiple felonies and sentenced to LWOP because the Governor is only required to forward to the Board commutation ap- plications of persons with multiple felonies.

There are two avenues by which a person can be re- ferred and considered for a commutation by the Gov - ernor. The first is where the Board, on its own motion, reviews a case and refers it to the Governor for con - sideration of a commutation of sentence. (Pen. Code, § 4 801, subdivision (a).) In doing so, the Board may refer “the names of any and all persons imprisoned in any state prison,” which includes both persons con - victed of a single felony and persons convicted of mul- tiple felonies. (Pen.

Code § 4 801, subdivision (a).) As explained above, however, the Board’s processes for referring persons convicted of a single felony were re- moved from the Board’s regulations, because the pro- cesses (e.g., conducting an investigation and holding a hearing) were not necessary to implement the Board’s statutory authority in Penal Code

section 4801 to re - fer cases to the Governor. The lack of regulations on the matter, however, does not prohibit the Board from reviewing cases of both persons convicted of a single felony and persons convicted of multiple felonies, and referring them to the Governor. The second avenue for consideration of a commuta- tion is where a person directly applies to the Governor and requests a commutation of sentence. In this sce - nario, the Governor may refer the application to the Board for an investigation if the person is convicted of a single felony; no recommendation by the Board is required.

For those convicted of multiple felonies, the Governor must refer the application to the Board for an investigation and recommendation by a majority of the Board’s commissioners. (Pen. Code, §§ 4 802, 4813; Cal. Code Regs., title 15, § 2 818.) Because the Board is statutorily required to conduct an investigation and provide a recommendation for commutation applica - tions of persons convicted of multiple felonies, the Board has regulations on relevant procedures. Again,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1617 the lack of regulations specifying procedures for per - sons convicted of a single felony does not preclude the Board from investigating those cases. The Governor has referred numerous commutation applications to the Board for both persons convicted of a single felony and persons convicted of multiple felonies. Therefore, Petitioner’s claim that only commutation applications for persons with multiple felonies are forwarded to the Board is inaccurate. Petitioner also misunderstands the legislative intent behind California’s clemency process.

A person with multiple felony convictions has demonstrated a pat - tern of criminal behavior that endangers public safety. Thus, the legislature requires a multi–layered review to ensure a commutation is in the best interests of pub- lic safety. Accordingly, the Governor must forward the application to the Board, and a majority of the Board’s commissioners is required to consider the application en banc and provide a recommendation to the Gover - nor regarding the commutation. (Cal.

Code Regs., title 15, § 2818.) The Governor may only grant a commuta- tion application upon the review and recommendation of the California Supreme Court. (Cal. Const.,

article V, § 8; Pen. Code, § 4852.) Penal Code 4812 also allows the Governor to re - quest an investigation and recommendation by the Board for persons convicted of a single felony and sentenced to LWOP. The Governor has invoked this authority, and the Board has investigated and provid - ed recommendations on many cases involving persons convicted of a single felony. However, these cases do not need to undergo the additional layer of review by a majority of the Board’s commissioners and the Su - preme Court.

In sum, many persons convicted of a single felony and sentenced to LWOP receive similar opportunities for consideration of their application as those sentenced to LWOP, and contrary to Petitioner’s allegation, experience a less–burdensome path to re - ceive a commutation. 6. BOARD CONTACT PERSON: Chancellor Veal Staff Attorney Board of Parole Hearings P. O. Box 4036 Sacramento, CA 95812–4036 Office: (916) 445–4072 BPH.Regulations@cdcr.ca.gov 7. NOTICE TO INTERESTED PERSONS: Under subdivision (

d) of Government Code

section 11340.7, the Board will provide a copy of this decision to the Office of Administrative Law for publication in the California Regulatory Notice Register. Any inter - ested persons have the right to obtain a copy of the petition that is the subject of this decision by sending a request to the Board. In submitting such a request, please reference BPH PETITION RESPONSE 2023–02 in the request. DATE OF DECISION: November 22, 2023 A V AILABILITY OF PRECEDENTIAL DECISIONS INDEX DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY NOTICE OF AVAILABILITY OF PRECEDENTIAL DECISIONS AND DECISION INDEX NOTICE IS HEREBY GIVEN that the Department of Resources, Recycling and Recovery, pursuant to

section 11425.60 of the Government Code, maintains and index of precedential decisions. The index and text of precedential decisions is available to the public on the Department’s website at Precedent Decisions — CalRecycle Home Page For additional information, contact: Kristine Beckley, Assistant Chief Counsel Department of Resources, Recycling and Recovery 1001 I Street, 24th floor Sacramento, CA 95834 Telephone: (916) 341–6650 Email: kristine.beckley@calrecycle.ca.gov

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH THE SECRETARY OF STATE This

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1618 Fish and Game Commission File # 2023–1116–01 Recreational California Halibut Emergency This emergency rulemaking action by the Fish and Game Commission (“Commission”) readopts, without amendment, reductions to the daily bag and posses - sion limits of California halibut taken in waters north of a line extending due west magnetic from Point Sur, Monterey County, from three to two fish.

Title 14 Amend: 28.15 Filed 11/22/2023 Effective 11/30/2023 Agency Contact: David Haug (916) 902–9286 Department of Corrections and Rehabilitation File # 2023–1020–02 Correctional Clinical Case Management System This action by the Department of Corrections and Rehabilitation (“CDCR”) adopts

section 3999.31 as a pilot program for the Correctional Clinical Case Management System — Cuesta Camp Pilot Program, which will allow specified inmates to participate in the Conservation Camp Program while housed at the California Men’s Colony and assigned to Cuesta Conservation Camp. This filing is exempt from

Chapter 3.5 of

Part 1 of Division 3 of Title 2 of the Government Code (“APA”) pursuant to Penal Code

section 5058.1 and is not subject to review by the Office of Administrative Law (“OAL”). This action is effective on filing with the Secretary of State pursuant to Penal Code

section 5058.1 and remains in effect for two years. Title 15 Adopt: 3999.31 Filed 11/22/2023 Effective 11/22/2023 Agency Contact: Sarah Pollock (916) 445–2308 Fish and Game Commission File # 2023–1024–02 San Bernardino Kangaroo Rat This action by the Fish and Game Commission (“Commission”) adds the San Bernardino kangaroo rat (Dipodomys merriami parvus) to the list of “en - dangered” mammal species and subspecies under the California Endangered Species Act (“CESA”), Fish and Game Code

Section 2050 et seq. This action is exempt from the procedural and substantive require - ments of the Administrative Procedure Act (“APA”) pursuant to

Section 2075.5, subdivision (e)(2). Title 14 Amend: 670.5 Filed 11/22/2023 Effective 11/22/2023 Agency Contact: Jennifer Bacon (916) 902–9285 Fair Political Practices Commission File # 2023–1025–01 Settlement of Monetary Penalties This action adopts regulations governing conditions and procedures for entering into settlement agree - ments on behalf of the Commission with respect to monetary penalties.

OAL ’s review of Fair Political Practices Commission proposed regulations is limited to the provisions of the APA as it was enacted on June 4, 1974, when voters adopted the California Political Reform Act. (Fair Political Practices Commission v. Office of Administrative Law, Linda Stockdale Brewer, (April 27, 1992, C010924 [nonpublished opin- ion].) Thus, our review is limited to determining if the proposed regulations comply with “the form and style prescribed by the Secretary of State.

If the department approves the regulation or order of repeal for filing, it shall endorse on the certified copy thereof its approval for filing and shall transmit such copy to the Secretary of State.” (Former Gov. Code,

sec. 11380.2, repealed by Stats. 1979, ch. 567, § 2.) Title 02 Adopt: 18318 Filed 11/27/2023 Effective 12/27/2023 Agency Contact: Amanda Apostol (916) 322–5660 Board of Forestry and Fire Protection File # 2023–1012–02 Maximum Sustained Production Amendments, 2023 In this regular rulemaking, the Board of Forestry and Fire Protection is amending regulations to allow for consideration of fire risk and fire protection as factors that impact maximum sustained production of high quality timber products in areas where (1) a Sustained Yield Plan (“SYP”), a Nonindustrial Timber Management Plan (“NTMP”), or a Working Forest Management Plan (“WFMP”) has not been approved for an ownership or (2) a SYP, NTMP, or WFMP is submitted for an ownership.

Title 14 Amend: 913.11, 933.11, 953.11 Filed 11/28/2023 Effective 01/01/2024 Agency Contact: Andrew Lawhorn (916) 628–8090

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1619 Board of Forestry and Fire Protection File # 2023–1012–03 Tractor Operations and Cable Yarding Amendment, 2023 In this rulemaking action, the Board of Forestry and Fire Protection amends its regulations to clarify that foresters may propose exceptions to the limitations on non–tethered tractor operations (excluding yarding operations).

Title 14 Amend: 914.2, 934.2, 954.2 Filed 11/28/2023 Effective 01/01/2024 Agency Contact: Andrew Lawhorn (916) 628–8090 Civil Rights Department File # 2023–1010–04 Fair Employment and Housing Act Regulations This action makes grammatical and typographical corrections and other edits to fair housing regulations in order to better facilitate compliance. This action also adopts new regulations against discrimination in housing accommodations because of source of income.

Title 02 Adopt: 12140.1 Amend: 12005, 12040, 12042, 12050, 12051, 12140, 12141, 12179, 12181 Filed 11/22/2023 Effective 01/01/2024 Agency Contact: Mariel Block (916) 208–6210 Department of Real Estate File # 2023–1103–01 Regulations to Implement SB 1495 This action amends the requirements for Department of Real Estate (Department) approval of material changes by private vocational schools to approved courses of study necessary to qualify for a real estate license. The action establishes that chang - es which reflect the revised education requirements of Business and Professions Code (BPC)

section 10153.2 are material changes which must be approved by the Department. The action waives the Department’s fee for approval of material changes which reflect the re - vised education requirements of BPC

section 10153.2 for applications received prior to January 1, 2024. The action also defines the term “interactive participatory component” used in BPC

section 10153.2. Title 10 Adopt: 3002.2 Amend: 3002 Filed 11/29/2023 Effective 01/01/2024 Agency Contact: Jeanine Clasen (916) 576–3783 Professional Fiduciaries Bureau File # 2023–1016–06 Fee Increase and Initial License Period In this action, the Professional Fiduciaries Bureau increases the Professional Fiduciary’s license applica- tion fee, the initial license fee, the renewal license fee, the reinstatement of an inactive license to active status fee, and the reinstatement of a retired license to active status fee. The action also conforms the length of the initial license period to the governing statute.

Title 16 Amend: 4428, 4568, 4575, 4580 Filed 11/27/2023 Effective 01/01/2024 Agency Contact: Angela Cuadra (916) 574–7498 California Horse Racing Board File # 2023–1019–03 Apprentice Jockey/Apprentice Allowance This action by the California Horse Racing Board amends two sections to align with proposed lan - guage for the Association of Racing Commissioners International model rule by specifying general license eligibility and to include modified allowance require - ments for an apprentice jockey.

Title 04 Amend: 1500, 1619 Filed 11/29/2023 Effective 01/01/2024 Agency Contact: Nicole Lopes–Gravely (916) 263–6397 Emergency Medical Services Authority File # 2023–1010–03 Administration of Medications This action adds three pain relieving medications (ketamine, ketorolac, and acetaminophen IV), and one new medication to slow bleeding after major trauma (tranexamic acid) to the list of medications that may be administered by paramedics. Title 22 Amend: 100146 Filed 11/22/2023 Effective 01/01/2024 Agency Contact: Ashley Williams (916) 591–3266

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 49–Z 1620 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit oal.ca.gov.