Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 50-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW DECEMBER 16, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2022–1206–08 ....................................... 1487 AMENDMENT MULTI–COUNTY: Atwell Island Water District California Online Public Schools Sites Project Authority Sonoma Clean Power Authority Truckee Fire Protection STATE AGENCY: Department of Industrial Relations Ocean Science Trust TITLE 4. DEBT LIMIT ALLOCATION COMMITTEE Application and Criteria for Bond Allocations for the Qualified Residential Rental Project Program — Notice File Number Z2022–1206–09 ............................................... 1488 TITLE 14, 19.

OFFICE OF THE STATE FIRE MARSHAL Fire Hazard Severity Zones in the State Responsibility Area — Notice File Number Z2022–1122–02 ................................................................ 1490 TITLE 28.

DEPARTMENT OF MANAGED HEALTH CARE Mental Health and Substance Use Disorder Coverage Requirements — Notice File Number Z2022–1206–01 ................................................................ 1498 GENERAL PUBLIC INTEREST GAMBLING CONTROL COMMISSION Notice of Correction to Previously Published Notice of Proposed Action on December 2, 2022, concerning Commission Fees Modernization Project III ................................. 1505 (Continued on next page)

GAMBLING CONTROL COMMISSION Notice of Correction to Previously Published Notice of Proposed Action on November 18, 2022, concerning Subpoenas .......................................................... 1506 DEPARTMENT OF FISH AND WILDLIFE Proposed Research on Fully Protected Species concerning White–tailed Kites in Southern California ....................................................................... 1507 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Announcement of Publication of Public Health Goals and Technical Support Document for Haloacetic Acids in Drinking Water ..................................................... 1507 OFFICE OF THE STATE FIRE MARSHAL Notice of Extension of Written Comment Period ....................................................... 1508 PETITION DECISION DEPARTMENT OF CORRECTIONS AND REHABILITATION Concerning Petition from Debbie Anderson .......................................................... 1508 OAL REGULATORY DETERMINATION DEPARTMENT OF CORRECTIONS AND REHABILITATION Office of Administrative Law

Summary Disposition — 2022 OAL Determination Number 3(

S) concerning Department of Corrections and Rehabilitation, High Desert State Prison ................................... 1509

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 1511 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 2022, VOLUME NUMBER 50-Z 1487 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT M U LT I – COU N T Y: Atwell Island Water District California Online Public Schools Sites Project Authority Sonoma Clean Power Authority Truckee Fire Protection District STAT E AGENCY: Department of Industrial Relations Ocean Science Trust A written comment period has been established commencing on December 16, 2022 and closing on January 30, 2023.

Written comments should be direct- ed to the Fair Political Practices Commission, Atten - tion Daniel Vo, 1102 Q Street, Suite 3000, Sacramen- to, 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 January 30, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1488 AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 4.

DEBT LIMIT ALLOCATION COMMITTEE OFFICE OF THE TREASURER The California Debt Limit Allocation Committee (CDLAC) proposes to adopt the amended regulations described below after considering all comments, ob - jections, and recommendations regarding the pro - posed action. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to CDLAC@treasurer. ca.gov.

Comments may also be submitted via mail to: California Debt Limit Allocation Committee Attention: Emily Burgos 915 Capitol Mall, Room 311 Sacramento, CA 95814 The written comment period closes on January 30, 2023. To ensure CDLAC will consider your comment it must be received by January 30, 2023. PUBLIC HEARING CDLAC does not intend to conduct a Public Hearing on the matter of these regulations, unless requested. Any interested person may submit a written request for a public hearing no later than 15 days prior to the close of the written comment period. AUTHORITY

Section 8869.94, California Government Code au - thorizes the Committee to adopt regulations relating to an allocation system to administer the state unified volume ceiling as emergency regulations and instructs the Office of Administrative Law to consider such reg- ulations to be “necessary for the immediate preserva - tion of the public peace, health and safety or general welfare.” REFERENCE California Government Code Sections 8869.80– 8869.94, 8869.82, 8869.84, 8869.84(

c) and (e), 8869.85(a), 8869.85(b), 8869.86(c), 8869.87, 8669.89, and 8869.94. INFORMATIVE DIGEST

Summary of Existing Laws and Effect of the Proposed Action The purpose of CDLAC (“the Committee”) is to im- plement

Section 1301 of the Federal Tax Reform Act of 1986 and

Section 146 of the Internal Revenue Code which impose a limit on the amount of tax–exempt private activity bonds which a state may issue in a cal- endar year (i.e. the annual state ceiling). Federal tax law defines the term “private activity bond”; limits the volume of private activity bonds which a state may issue in a calendar year; defines the types of programs and projects which qualify for tax–exempt bond fi - nancing under the volume cap; and specifies record - keeping requirements. The Committee was statutorily created by

Chapter 943, Statutes of 1987, in response to the 1986 Federal Tax Reform Act. California Government Code Sec - tion 8869.80 et seq. defines the Committee’s responsi- bilities as follows: Set the Annual State Ceiling: The Committee is required to establish the state ceiling as soon as is practicable after the start of each calendar year. Allocate the State Ceiling: The Committee is granted the sole authority for al - locating the annual ceiling.

Other Administrative Functions: The Committee is authorized to adopt regulations relating to an allocation system to administer the state unified volume ceiling as emergency regulations (Cal- ifornia Government Code 8869.94) which includes authorization to prepare forms, establish procedures, set priorities, require a performance deposit, assess fees, and perform other administrative functions as necessary.

Additionally, in establishing CDLAC the Legislature emphasized the substantial public benefit of promoting housing for lower income families and individuals and of preserving and rehabilitating exist - ing governmental assisted housing for lower income families and individuals. The proposed competitive system for Qualified Res- idential Rental Projects will ensure that limited tax– exempt bond allocation is available to affordable hous- ing projects through a fair, equitable, and transparent system. In competitive rounds, scores are used to rank order applications to award allocation until the round limit is met.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1489 Anticipated Benefits of the Proposed Regulations The benefits derived by these proposed regulations include the fair, efficient and equitable administration of the Qualified Residential Rental Project (QRRP) Program in compliance with state and federal law. Evaluation of Inconsistency/Incompatibility with Existing State Regulations The Committee has determined that the proposed regulations are not inconsistent or incompatible with exiting state regulations.

Application for bond alloca - tions is a nonmandatory activity and these regulations ensure a fair and efficient process for allocations as to both applicants and the Committee. DISCLOSURES REGARDING THE PROPOSED ACTION CDLAC has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: The Execu - tive Director of the Committee has determined that the Regulations do not impose any additional cost or savings requiring reimbursement under

Part 7 (com - mencing with

Section 17500) of Division 4 of Title 2 of the California Government Code, any other non– discretionary cost or savings to any local agency or any cost or savings in federal funding to the State. Pursu - ant to the State Administrative Manual

Section 6680, a Fiscal Impact Statement (Form 399) is submitted. 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: None. Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact di - rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None.

Significant effect on housing costs: The proposed changes will ensure the award of allocation to quality affordable housing projects. Cost impacts on a representative private person or business: CDLAC is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed regulations.

Results of the Economic Impact Analysis/Assessment CDLAC concludes that it is unlikely that the propos- al will (1) eliminate any jobs, (2) create any jobs, (3) create any new businesses, or (4) eliminate any exist - ing businesses or result in the expansion of business - es currently doing business within the state. CDLAC concludes the proposal will not impact the health and welfare of California residents, worker safety, and the State’s environment. Small Business Determination The proposed regulations will not affect small busi- nesses.

These regulations establish procedures that only bond issuers and affordable housing developers must follow. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), CDLAC must determine that no reasonable 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, as effective and less burdensome to affected private persons than the pro - posed action, or more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law.

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

CONTACT PERSONS Inquiries concerning the proposed rulemaking ac - tion may be directed to: Emily Burgos California Debt Limit Allocation Committee 915 Capitol Mall, Room 311 Sacramento, CA 95814 916.653.3255 CDLAC@treasurer.ca.gov eburgos@treasurer.ca.gov Christina Vue California Debt Limit Allocation Committee 915 Capitol Mall, Room 311 Sacramento, CA 95814 916.653.3255 CDLAC@treasurer.ca.gov cvue@treasurer.ca.gov A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE CDLAC will make the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address and online at https://www.treasurer.ca.gov/cdlac/ regulations.asp.

As of the date this notice is published in the Notice Register, the rulemaking file consists of

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1490 the Notice of Proposed Action, the proposed text of the regulations, the Initial Statement of Reasons, and the STD. 399. Please direct requests to inspect or copy the rulemaking file to the contact person(

s) listed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, CDLAC may adopt the proposed regulations substantially as described in this notice. If CDLAC makes modifications 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 adopting the reg- ulations as revised. Please direct requests for copies of any modified regulations to the contact person(

s) listed above. If substantive modifications are made, CDLAC will accept written comments on the modi - fied regulations for the duration of the period of public availability. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, CDLAC will make copies of the Final Statement of Reasons available. Please di - rect requests for copies to the contact person(

s) listed above. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications highlighted, as well as the Final Statement of Reasons, when completed, and modified text, if any, may be accessed via CDLAC’s website at https://www.treasurer.ca.gov/cdlac/regulations.asp TITLES 14, 19. OFFICE OF THE STATE FIRE MARSHAL TITLE 19, DIVISION 1,

CHAPTER 17 FIRE HAZARD SEVERITY ZONES, 2022 The State Fire Marshal is providing notice to adopt proposed regulations pursuant to Public Resourc - es Code (PRC) Sections 4202–4204, relating to the classifying of lands in the State Responsibility Area (SRA) into Fire Hazard Severity Zones (FHSZs). WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub - mit written comments relevant to the proposed reg - ulatory action to the Office of the State Fire Marshal (OSFM). Written comments will be accepted begin - ning December 16, 2022, through February 3, 2023.

OSFM will consider only written comments received by the end of the written comment period (in addition to those written comments received at the public hear- ing). OSFM requests, but does not require, that persons who submit written comments to CAL FIRE reference the title of the rulemaking proposal in their comments to facilitate accuracy and efficiency of review. Written comments may be submitted by U.S. mail to the following address: Office of the State Fire Marshal California Department of Forestry and Fire Protection P.O.

Box 944246 Sacramento, CA 94244–2460 Attention: Scott Witt, Deputy Chief Written comments can also be hand delivered or sent by courier to the contact person listed in this no - tice at the following address: California Department of Forestry and Fire Protection Office of the State Fire Marshal C/O: Scott Witt California Natural Resources Building 715 P Street, 9th floor Sacramento, CA 95818 Written comments may also be delivered via e–mail at the following address: fhszcomments@fire.ca.gov PUBLIC HEARINGS CAL FIRE will hold a series of public hearings in every county with SRA described below pursuant to PRC 4203.

At the hearings, any person may present comments, orally or in writing, relevant to the pro - posed action described in the Informative Digest. Such information shall be retained by OSFM and shall be made available upon request. The hearing locations, dates, starting time, and lo - cal contact person for all hearings are shown below:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1491 County: Alameda Hearing Date & Time: 1/17/23 at 1:00 p.m. Hearing Location: Hayward Fire Department Training Center 1401 West Winton Avenue, Hayward, CA 94545 Local Contact Person: Marcus Hernandez (408) 472–1603 marcus.hernandez@fire.ca.gov County: Alpine Hearing Date & Time: 1/11/23 at 5:00 p.m. Hearing Location: Turtle Rock Park Community Center 17300 State Route 89/4, Markleeville, CA 96120 Local Contact Person: Megan Scheeline (530) 708–2705 megan.scheeline@fire.ca.gov County: Amador Hearing Date & Time: 1/18/23 at 4:30 p.m.

Hearing Location: Volcano Communications Tech Center 19888 Church Street, Pine Grove, CA 95665 Local Contact Person: Megan Scheeline (530) 708–2705 megan.scheeline@fire.ca.gov County: Butte Hearing Date & Time: 1/12/23 at 4:00 p.m. Hearing Location: Butte County Association of Governments 326 Huss Drive, Suite 100 Chico, CA 95928 Local Contact Person: Bryon Vance (530) 520–8651 Byron.vance@fire.ca.gov County: Calaveras Hearing Date & Time: 12/16/22 at 9:00 a.m.

Hearing Location: San Andreas Community Hall 24 Church Hill Road, San Andreas, CA 95249 Local Contact Person: Jon Andahl (209) 419–4425 jon.andahl@fire.ca.gov County: Colusa Hearing Date & Time: 1/03/23 at 5:30 p.m. Hearing Location: Stonyford Community Center, 229 Market Street Stonyford, CA 95979 Local Contact Person: Marshall Turbeville (707) 877–1770 marshall.turbeville@fire.ca.gov County: Contra Costa Hearing Date & Time: 1/24/23 at 1:00 p.m.

Hearing Location: Orinda Library Auditorium & Garden Room 26 Orinda Way, Orinda, CA 94563 Local Contact Person: Marcus Hernandez (408) 472–1603 marcus.hernandez@fire.ca.gov County: Del Norte Hearing Date & Time: 1/11/23 at 9:00 a.m. Hearing Location: Crescent Fire Protection District Headquarters 225 West Washington Boulevard, Crescent City, CA Local Contact Person: Chris Ramey (707) 599–6442 chris.ramey@fire.ca.gov County: El Dorado Hearing Date & Time: 12/16/22 at 9:00 a.m.

Hearing Location: El Dorado Hills at Station 85 1050 Wilson Boulevard, El Dorado Hills, 95762 Local Contact Person: Megan Scheeline (530) 708–2705 megan.scheeline@fire.ca.gov County: Fresno Hearing Date & Time: 12/20/22 at 5:00 p.m. Hearing Location: Clovis Veterans Memorial District Building 808 Fourth Street, Clovis, CA 93612 Local Contact Person: Thorin Day (559) 291–4337 thorin.day@fire.ca.gov County: Glenn Hearing Date & Time: 1/17/23 at 2:00 p.m.

Hearing Location: CAL FIRE Elk Creek Fire Station 3288 Ivory Mill Road, Elk Creek, CA 95939 Local Contact Person: Matt Reich (530) 200–2523 matt.reich@fire.ca.gov County: Humboldt Hearing Date & Time: 1/10/23 at 2:00 p.m. Hearing Location: Fortuna River Lodge 1800 Riverwalk Drive, Fortuna, CA Local Contact Person: Chris Ramey (707) 599–6442 chris.ramey@fire.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1492 County: Imperial Hearing Date & Time: 1/11/23 at 1:00 p.m. Hearing Location: Imperial Valley Desert Museum 11 Frontage Road, Ocotillo, CA 92259 Local Contact Person: Eric Just (619) 590–3103 eric.just@fire.ca.gov County: Inyo Hearing Date & Time: 1/24/23 at 11:00 a.m. Hearing Location: County Administration Office 224 North Edwards Street, Independence, CA 93526 Local Contact Person: Stephen Volmer (661) 618–4908 stephen.volmar@fire.ca.gov County: Kern Hearing Date & Time: 1/19/23 at 10:00 a.m.

Hearing Location: Golden Hills Community Service District 21415 Reeves Street, Tehachapi, CA 93561 Local Contact Person: Andrew Kennison (661) 330–0194 akennison@kerncountyfire.org County: Kings Hearing Date & Time: 12/21/22 at 5:00 p.m. Hearing Location: Avenal Movie Theater 233 East Kings Street, Avenal, CA 93204 Local Contact Person: Thorin Day (559) 291–4337 thorin.day@fire.ca.gov County: Lake Hearing Date & Time: 1/24/23 at 9:15 a.m.

Hearing Location: Board of Supervisors Board Chambers 255 North Forbes Street, Lakeport, CA 95453 Local Contact Person: Marshall Turbeville (707) 877–1770 marshall.turbeville@fire.ca.gov County: Lassen Hearing Date & Time: 1/10/23 at 6:00 p.m. Hearing Location: Lassen County Fairgrounds, Jensen Hall 195 Russell Avenue, Susanville, CA 96130 Local Contact Person: Adam Mattos (530) 310–2201 adam.mattos@fire.ca.gov County: Los Angeles Hearing Date & Time: 1/14/23 at 10:00 a.m.

Hearing Location: College of the Canyons 26455 Rockwell Canyon Road, Room 258 Santa Clarita, 91355 Local Contact Person: Trevor Moore (213) 259–4587 trevor.moore@fire.lacounty.gov County: Madera Hearing Date & Time: 1/12/23 at 5:30 p.m. Hearing Location: Oakhurst Community Center 39800 Fresno Flats Road, Oakhurst CA 93644 Local Contact Person: Mike Keyser (559) 706–8824 michael.keyser@fire.ca.gov County: Marin Hearing Date & Time: 1/26/23 at 6:00 p.m. Hearing Location: San Geronimo Golf Club 5800 Sir Francis Drake Boulevard.

San Geronimo, CA 94963 Local Contact Person: Scott Alber (415) 717–7424 salber@marincounty.org County: Mariposa Hearing Date & Time: 1/10/23 at 5:30 p.m. Hearing Location: Mariposa County Fire Department 4802 CA–140, Mariposa, CA 95338 Local Contact Person: Mike Keyser (559) 706–8824 michael.keyser@fire.ca.gov County: Mendocino Hearing Date & Time: 1/04/23 at 10:00 a.m. Hearing Location: Willits City Hall 111 East Commercial Street Willits, CA, 95490 Local Contact Person: Michael Sachelli (707) 459–7424 michael.sachelli@fire.ca.gov County: Merced Hearing Date & Time: 1/11/23 at 6:00 p.m.

Hearing Location: Castle Training Center 3405 Hardstand Avenue, Atwater, CA 95301 Local Contact Person: Mike Keyser (559) 706–8824 michael.keyser@fire.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1493 County: Modoc Hearing Date & Time: 1/24/23 at 6:00 p.m. Hearing Location: Devil’s Garden Fire Center 2300 County Road 74, Alturas, CA 96101 Local Contact Person: Adam Mattos (530) 310–2201 adam.mattos@fire.ca.gov County: Mono Hearing Date & Time: 12/20/22 at 10:00 a.m. Hearing Location: County Administration Office 437 Old Mammoth Road Mammoth Lakes, CA 93546 Local Contact Person: Stephen Volmer (661) 618–4908 stephen.volmar@fire.ca.gov County: Monterey Hearing Date & Time: 1/18/23 at 3:00 p.m.

Hearing Location: The Mott Training Room 2221 Garden Road., Monterey, CA 93940 Local Contact Person: Chad Cooper (831) 375–4204 chad.cooper@fire.ca.gov County: Napa Hearing Date & Time: 1/09/23 at 2:00 p.m. Hearing Location: Napa Library 580 Coombs Street, Napa, CA 94559 Local Contact Person: Marshall Turbeville (707) 877–1770 marshall.turbeville@fire.ca.gov County: Nevada Hearing Date & Time: 1/5/23 at 10:00 a.m.

Hearing Location: Nevada County Rood Center 950 Maidu Avenue, Nevada City, CA 95959 Local Contact Person: Steve Garcia (530) 277–2306 steven.garcia@fire.ca.gov County: Orange Hearing Date & Time: 1/10/23 at 6:00 p.m. Hearing Location: Orange County Fire Authority – RFOTC 1 Fire Authority, Irvine, CA 92602 Building A, Board Room Local Contact Person: Jennifer Bower (714) 573–6251 jenniferbower@ocfa.org County: Placer Hearing Date & Time: 1/17/23 at 10:00 a.m.

Hearing Location: Community Development Resource Agency 3091 County Center Drive, Auburn, CA 95603 Local Contact Person: Steve Garcia (530) 277–2306 steven.garcia@fire.ca.gov County: Plumas Hearing Date & Time: 1/17/23 at 6:00 p.m. Hearing Location: Plumas Sierra County Fairgrounds, Mineral Building 204 Fairgrounds Road, Quincy, CA 95971 Local Contact Person: Adam Mattos (530) 310–2201 adam.mattos@fire.ca.gov County: Riverside Hearing Date & Time: 1/17/23 at 10:00 a.m. Hearing Location: County Admin.

Building 4080 Lemon Street, Riverside, CA 92501 Local Contact Person: Scott Bethurum (951) 940–6980 scott.bethurum@fire.ca.gov County: Sacramento Hearing Date & Time: 1/24/23 at 9:00 a.m. Hearing Location: California Natural Resources Building 715 P Street, Sacramento, CA 95814 Local Contact Person: Scott Witt (408) 465–6172 scott.witt@fire.ca.gov County: Sacramento Hearing Date & Time: 2/03/23 at 9:00 a.m.

Hearing Location: California Natural Resources Building 715 P Street, Sacramento, CA 95814 Local Contact Person: Scott Witt (408) 465–6172 scott.witt@fire.ca.gov County: San Benito Hearing Date & Time: 1/19/23 at 3:00 p.m. Hearing Location: Hollister Fire Station 1979 Fairview Road, Hollister, CA 95023 Local Contact Person: Chad Cooper (831) 375–4204 chad.cooper@fire.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1494 County: San Bernardino Hearing Date & Time: 1/10/23 at 11:00 a.m. Hearing Location: County Administrative Office 385 North Arrowhead Dr San Bernardino, CA 92415 Local Contact Person: Stephen Volmer (661) 618–4908 stephen.volmar@fire.ca.gov County: San Diego Hearing Date & Time: 1/09/23 at 1:00 p.m. Hearing Location: San Diego County Operations Center – Chambers 5520 Overland Avenue, San Diego, CA 92123 Local Contact Person: Josh Black (619) 609–3413 josh.black@fire.ca.gov County: San Joaquin Hearing Date & Time: 1/5/23 at 1:00 p.m.

Hearing Location: Clements Community Hall 19051 North Highway 88, Lockeford, CA 95237 Local Contact Person: David Riley (408) 779–2121 david.riley@fire.ca.gov County: San Luis Obispo Hearing Date & Time: 12/20/22 at 3:00 p.m. Hearing Location: South Bay Training Center 880 Manzanita Avenue, Los Osos, CA 93402 Local Contact Person: Jason Potts (805) 903–3426 jason.potts@fire.ca.gov County: San Mateo Hearing Date & Time: 1/11/23 at 2:00 p.m.

Hearing Location: San Mateo County Regional Operations Center 501 Winslow Street, Redwood City, CA 94063 Local Contact Person: Frank Rodgers (831) 254–1728 franks.rodgers@fire.ca.gov County: Santa Barbara Hearing Date & Time: 1/18/23 at 1:00 p.m. Hearing Location: Veterans Memorial Building 1745 Mission Drive, Solvang, CA 93463 Local Contact Person: Anthony Stornetta (805) 423–6406 astornet@countyofsb.org County: Santa Clara Hearing Date & Time: 1/10/23 at 1:00 p.m.

Hearing Location: Morgan Hill City Council Chamber Building 17555 Peak Avenue, Morgan Hill, CA 95037 Local Contact Person: Marcus Hernandez (408) 472–1603 marcus.hernandez@fire.ca.gov County: Santa Cruz Hearing Date & Time: 1/10/23 at 1:30 p.m. Hearing Location: Ben Lomond Training Center 13575 Empire Grade, Santa Cruz, CA 95060 Local Contact Person: Frank Rodgers (831) 254–1728 frank.rodgers@fire.ca.gov County: Shasta Hearing Date & Time: 1/09/23 at 7:00 p.m.

Hearing Location: Cornerstone Marketing Center 4300 Caterpillar Road, Redding, CA 96003 Local Contact Person: Aaron Hathaway (530) 448–2422 aaron.hathaway@fire.ca.gov County: Sierra Hearing Date & Time: 1/27/23 at 10:00 a.m. Hearing Location: County Courthouse 100 Courthouse Square, Downieville, CA 95936 Local Contact Person: Steve Garcia (530) 277–2306 steven.garcia@fire.ca.gov County: Siskiyou Hearing Date & Time: 1/10/23 at 6:00 p.m.

Hearing Location: CAL FIRE Yreka Station – Trygar Room 1809 Fairlane Road., Yreka, CA 96097 Local Contact Person: Jake Burgess (530) 842–3516 jake.burgess@fire.ca.gov County: Solano Hearing Date & Time: 1/17/23 at 5:30 p.m. Hearing Location: Solano County Event Center 601 Texas Street, Fairfield, CA 94533 Local Contact Person: Marshall Turbeville (707) 877–1770 marshall.turbeville@fire.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1495 County: Sonoma Hearing Date & Time: 1/12/23 at 2:00 p.m. Hearing Location: Board Chambers 575 Administration Drive, Suite 102A Santa Rosa, CA 95403 Local Contact Person: Marshall Turbeville (707) 877–1770 marshall.turbeville@fire.ca.gov County: Stanislaus Hearing Date & Time: 1/3/23 at 10:00 a.m. Hearing Location: Oakdale Community Center 110 South 2nd Avenue, Oakdale, CA 95361 Local Contact Person: Jon Andahl (209) 419–4425 jon.andahl@fire.ca.gov County: Tehama Hearing Date & Time: 1/10/23 at 2:00 p.m.

Hearing Location: Red Bluff Community Center 1500 South Jackson Street, Red Bluff, CA 96080 Local Contact Person: Matt Reich (530) 200–2523 matt.reich@fire.ca.gov County: Trinity Hearing Date & Time: 1/16/23 at 7:00 p.m. Hearing Location: Trinity County Board of Supervisors 11 Court Street Weaverville, CA 96093 Local Contact Person: Aaron Hathaway (530) 448–2422 aaron.hathaway@fire.ca.gov County: Tulare Hearing Date & Time: 1/26/23 at 6:00 p.m.

Hearing Location: Three Rivers Memorial District 43490 Sierra Drive, Three Rivers, CA 93271 Local Contact Person: Dave Shy (559) 280–5077 david.shy@fire.ca.gov County: Tuolumne Hearing Date & Time: 12/20/22 at 10:00 a.m. Hearing Location: Tuolumne County Fire Building 18440 Striker Court, Sonora, CA 95370 Local Contact Person: Jon Andahl (209) 419–4425 jon.andahl@fire.ca.gov County: Ventura Hearing Date & Time: 1/17/22 at 1:00 p.m.

Hearing Location: Freedom Center 515 Eubanks Street, Camarillo, CA 93010 Local Contact Person: Larry Williams (805) 947–8543 larry.williams@ventura.org County: Yolo Hearing Date & Time: 1/05/23 at 2:00 p.m. Hearing Location: Winters Fire Station Conference Room 700 West Main Street, Winters, CA 95694 Local Contact Person: Marshall Turbeville (707) 877–1770 marshall.turbeville@fire.ca.gov County: Yuba Hearing Date & Time: 1/11/23 at 10:00 a.m.

Hearing Location: Yuba County Government Center 915 8th Street, Suite 109, Marysville, CA 95901 Local Contact Person: Steve Garcia (530) 277–2306 steven.garcia@fire.ca.gov If an additional public hearing is held, the OSFM will provide notice of the hearing in accordance with the requirements of Government Code

sec. 11346.8(a), in addition to posting the information on our website. The public hearing facilities are accessible to per - sons with mobility impairments. If any special assis - tance is required (i.e., interpreter), please notify the contact person named in this notice at least 15 days prior to the public hearing for the county you wish to attend. 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.

It is requested, but not required, that persons making oral comments at the hearing submit a written copy of their testimony at the hearing. AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the 45–day comment period, the OSFM may adopt the proposed regulations substantially as described in this notice. If modifications are made which are sufficiently related to the originally pro - posed text, the modified text – with changes indicated – shall be made available to the public for at least 15 days before the OSFM adopts, amends, or repeals the regulations as revised. The OSFM will accept written

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1496 comments on the modified regulations for 15 days af - ter the date on which they are made available. NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be notified of any modified regulations. Requests should be sent to the contact person at the address in - dicated above. AUTHORITY AND REFERENCE Under the authority of Public Resources Code (PRC) Sections 4202 – 4204, OSFM is amending, and relo - cating from Title 14,

Chapter 7,

Article 1 to Title 19, Division 1, new

Chapter 17, new

Article 1. References include Sections 4202–4204 of the Public Resources Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The OSFM is proposing amendments to, and the re- location of, the regulation in 14 CCR,

Section 1280, which designates FHSZ in SRA. Within this

section are referenced maps titled “Maps of the Fire Hazard Severity Zones (FHSZ) in State Responsibility Areas of California. November 21, 2022”. These maps are being updated as part of the proposal pursuant to Cal - ifornia PRC) Sections 4201–4204. In 2021, Assembly Bill 9 amended PRC Sections 4202–4204 to require the OSFM, and not the Direc - tor, to take several actions related to FHSZs. There - fore, for the regulations to accurately reflect the recent amendments to these laws, they are also being relocat- ed to Title 19.

FHSZs are geographical areas (lands) designated pursuant to PRC Sections 4201–4204 and classified as Very High, High or Moderate in SRA. Each zone is assigned one of these ratings to reflect the degree of severity of fire hazard that is expected to prevail in the zone. The zones are designated so that measures may be identified which will reduce the potential for losses to life, property, and resources from wildfire. Build - ing standards are effectuated by the proposed FHSZ maps, meaning some building code requirements will depend on the hazard zone in which the building is located.

While OSFM maps fire hazard severity for the en - tire State, the map/zones proposed for adoption in this regulation apply only to the SRA. Documents Incorporated by Reference The documents incorporated by reference in Title 19 have also been included in this rulemaking file as follows: ● Map entitled “State Responsibility Area Fire Hazard Severity Zones. November 21, 2022”

Summary of Existing Laws PRC Sections 4202–4204, the OSFM, shall classify lands in the SRA into FHSZs based on multiple fac - tors and shall adopt regulations reflecting such desig - nation. The statutes also require periodic review of the map and updating by the OSFM when required.

Summary of Existing Regulations The current regulations are in Title 14,

Chapter 7,

Article 1. The OSFM proposes to move the regulations to Title 19,

Chapter 17 to accurately reflect the recent amendments to the PRC requiring the OSFM, and not the Director of CAL FIRE, to take several actions re - lated to FHSZs.

Summary of Effect The designation of a FHSZ allows the people of California to take measures that will reduce the po - tential for losses to life, property, and resources from wildfire. Comparable Federal Statute or Regulations There are no comparable federal statutes or regulations. Evaluation of Inconsistency/Incompatibility with Existing State Regulations After conducting a review of any and all other reg - ulations that would relate to FHSZs in the SRA, the OSFM concluded that this proposed rulemaking is the only rulemaking that concerns the designation of FHSZs in the SRA.

The OSFM has determined this proposed regulation is not inconsistent or incompati - ble with existing regulations. Objective and Anticipated Benefits The broad objective of the proposed rulemaking is to ensure that the people of California understand the degree of severity of fire hazard that is expected to prevail in the zone in which they live and can identify and implement the measures that will reduce the po - tential for losses to life, property, and resources from wildfire. The anticipated benefit will enhance public safety and protect California’s vital natural resources and wildlife.

OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS There are no other matters prescribed by statute applicable to the OSFM, or to any specific regulation or class of regulations. There are no other matters to identify.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1497 DISCLOSURES REGARDING THE PROPOSED ACTION The OSFM has made the following initial determinations: 1. Mandate on local agencies and school districts: None. 2. Cost or savings to any other State agency: None. 3. Cost to any local agency or school district which must be reimbursed in accordance with Government Code, Sections 17500–17630: None. 4. Other non–discretionary cost or savings imposed upon local agencies: None. 5. Cost or savings in federal funding to the State: None. 6.

Significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with busi - nesses in other States: None. 7. Significant effect on housing costs: None. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS OSFM is not aware of any cost impacts that a repre- sentative private person or business would necessarily incur in reasonable compliance with the proposed ac - tion. The proposed regulation will comply with statu - tory mandate, enhance public safety, and protect Cali- fornia’s vital natural resources and wildlife.

DECLARATION OF EVIDENCE The OSFM has determined that this proposed action will not have a significant adverse economic impact. The OSFM has not relied on any other facts, evidence, documents, or testimony to make its initial determina- tion of no statewide adverse economic impact. SMALL BUSINESS EFFECTS The proposed regulation may affect small business. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The OSFM concludes that the proposed regulatory action, within the State of California, would have no significant adverse economic impact and adoption of these regulations will affect the following:

a) Will not affect the creation or elimination of jobs within California;

b) Will not affect the creation of new businesses or eliminate existing businesses within California; or

c) Will not affect the expansion of businesses cur - rently doing business within California.

d) Will benefit the public health and welfare of California residents, enhance public safety, and benefit the environment by protecting California’s vital natural resources and wildlife. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), OSFM must determine that no rea - sonable alternative it considers or that has otherwise been identified and brought to the attention of OSFM 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 im- plementing the statutory policy of other provision of law.

BUSINESS REPORT This regulatory proposal does not mandate any new annual reporting or recordkeeping requirements be - yond the business practice that has already been es - tablished by the OSFM. CONTACT PERSON Requests for copies of the proposed text of the reg - ulations, the Initial Statement of Reasons (ISOR) , modified text of the regulations and any questions re - garding the substance of the proposed action may be directed to: California Department of Forestry and Fire Protection Office of the State Fire Marshal C/O Scott Witt P.O.

Box 944246 Sacramento, CA 94244–2460 fhszcomments@fire.ca.gov California Department of Forestry and Fire Protection Office of the State Fire Marshal C/O Jamie Sammut P.O. Box 944246 Sacramento, CA 94244–2460 fhszcomments@fire.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1498 A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The OSFM will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office located at 715 “P” Street, Sacramento, California 95814. As of the date this notice is published in the Notice Register, the OS- FM’s rulemaking file consists of this notice, the pro - posed text of the regulations, the ISOR for the pro - posed action, all documents incorporated by reference and an economic impact assessment contained in the ISOR. Copies may be obtained through the contact(

s) at the address or telephone numbers listed above. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by making a written re - quest to the contact person at the above address or by accessing the website listed below.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons (ISOR), the text of proposed reg- ulations in underline and strikeout, documents incor - porated by reference and all information upon which this rulemaking is based may be accessed through the OSFM web site at: https://osfm.fire.ca.gov/divisions/code– development–and–analysis/title–19–development/ poses to adopt regulations under the Knox–Keene Health Care Service Plan Act of 1975 (Knox–Keene Act), title 28, California Code of Regulations (CCR), Rules 1300.74.72, 1374.72.01 and 1300.74.721 and re- peal Rule 1300.74.72.

Changes made to the text are noted by single underline and single strikeout. Before undertaking this action, the Director of the Department (Director) will conduct written public proceedings, during which time any interested person, or such person’s duly authorized representative, may present statements, arguments, or contentions relevant to the action described in this notice. The text of the Rule is located at the following lo - cation: https://wpso.dmhc.ca.gov/regulations/regs/ ?key=57. The Department has not scheduled a public hearing.

However, the Department will hold a hearing if it re - ceives 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 written com- ment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written statements, argu - ments, or contentions (hereinafter referred to as com - ments) relating to the proposed regulatory action by the Department.

Comments must be received by the Department, Office of Legal Services, by January 30, 2023, which is hereby designated as the close of the written comment period. Please address all comments to the Department of Managed Health Care, Office of Legal Services, At - tention: Regulations Coordinator.

Comments may be transmitted by standard U.S. mail or email as follows: Email: regulations@dmhc.ca.gov Mail: Department of Managed Health Care Office of Legal Services Attention: Regulations Coordinator 980 9th Street, Suite 500 Sacramento, CA 95814 Please note: if comments are sent via email, there is no need to send the same comments by standard U.S. mail delivery. All comments should include the author’s name and a standard U.S. mailing address so the Department may provide commenters with notice of any additional proposed changes to the regulation text.

Please identify the action by using the Department’s rulemaking title and control number, Mental Health and Substance Use Disorder Coverage Require - ments, Control No. 2022–MHSUD in any of the above inquiries. TITLE 28. DEPARTMENT OF MANAGED HEALTH CARE MENTAL HEALTH AND SUBSTANCE USE DISORDER COVERAGE REQUIREMENTS, TITLE 28, CALIFORNIA CODE OF REGULATIONS, ADOPTING RULES 1300.74.72, 1374.72.01 A N D 1300.74.721, REPEALING RULE 1300.74.72, CONTROL NUMBER 2022–MHSUD. PUBLIC PROCEEDINGS Notice is hereby given that the Director of the De - partment of Managed Health Care (Department) pro -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1499 CONTACTS Inquiries concerning the proposed adoption of these regulations may be directed to the following person(s): Jennifer Willis Attorney IV Department of Managed Health Care Office of Legal Services 980 9th Street, Suite 500 Sacramento, CA 95814 (916) 324–9014 (phone) jennifer.willis@dmhc.ca.gov Kim Bollenbach Senior Legal Analyst Department of Managed Health Care Office of Legal Services 980 9th Street, Suite 500 Sacramento, CA 95814 (916) 414–0790 (phone) kim.bollenbach@dmhc.ca.gov A VAILABILITY OF DOCUMENTS The Department has prepared and has available for public review the Initial Statement of Reasons, text of the proposed regulation and all information upon which the proposed regulation is based (rulemaking file).

This information is available by request to the Department of Managed Health Care, Office of Legal Services, 980 9 th Street, Suite 500, Sacramento, CA 95814, Attention: Regulations Coordinator. The Notice of Proposed Rulemaking Action, the proposed text of the regulation, and the Initial State - ment of Reasons are also available on the Depart - ment’s website at:. https://wpso.dmhc.ca.gov/regulations/regs/?key=57 You may obtain a copy of the Final Statement of Reasons once it has been prepared by making a written request to the Regulation Coordinator named above.

AVAILABILITY OF MODIFIED TEXT The full text of any modified regulation, unless the modification is only non–substantial or solely gram - matical in nature, will be made available to the public at least 15 days before the date the Department adopts the regulation. A request for a copy of any modified regulation(

s) should be addressed to the Regulations Coordinator. The Director will accept comments via standard U.S. mail or email on the modified regula - tion(

s) for 15 days after the date on which the modified text is made available. The Director may thereafter adopt, amend, or repeal the foregoing proposal sub - stantially as set forth without further notice. AUTHORITY AND REFERENCE Health and Safety Code

section 1344 grants the Di - rector authority to adopt, amend, and rescind regula - tions as necessary to carry out the provisions of the Knox–Keene Act, including rules governing applica - tions and reports, and defining any terms as are nec - essary to carry out the provisions of the Knox–Keene Act. Health and Safety Code

section 1345, subdivision (f)(1), defines a “health care service plan” as “any per- son who undertakes to arrange for the provision of health care subscribers or enrollees, or to pay for or to reimburse any part of the cost of those services, in return for a prepaid or periodic charge paid by or on behalf of subscribers or enrollees.” Health and Safety Code

section 1346 vests in the Director additional powers to administer and enforce the Knox–Keene Act, including but not limited to, the power to study, investigate, research and analyze matters affecting the interests of plans, subscribers, enrollees and the public and to promote and establish standards of ethical conduct for the administration of health plans. Health and Safety Code

section 1367 states require- ments that each health plan must meet for compliance with the Knox–Keene Act. This

section requires a health plan to furnish services in a manner providing continuity of care and ready referral of patients to oth- er providers at times as may be appropriate consistent with good professional practice and to ensure it has the organizational and administrative capacity to fulfill its duties to enrollees. Health and Safety Code

section 1367 also requires health plans to make all services readily available at reasonable times to each enrollee consistent with good professional practice and, to the extent feasible, to make all services readily accessible to all enrollees consistent with Health and Safety Code

section 1367.03 (regarding timely access to needed health care services). This

section also requires the health plan to make all services accessible and appro - priate consistent with Health and Safety Code

section 1367.04 (requiring access to language assistance). Health and Safety Code

section 1367.01 states that a health plan and any entity with which it contracts for services that include utilization review or utilization management functions, that prospectively, retrospec - tively, or concurrently reviews and approves, modifies, delays, or denies, based in whole or in part on medical necessity, requests by providers prior to, retrospective- ly, or concurrent with the provision of health care ser- vices to enrollees, or that delegates these functions to medical groups or independent practice associations or to other contracting providers, shall have written policies and procedures establishing the process by which the plan prospectively, retrospectively, or con -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1500 currently reviews and approves, modifies, delays, or denies, based in whole or in part on medical necessity, requests by providers of health care services for plan enrollees. These policies and procedures shall ensure that decisions based on the medical necessity of pro - posed health care services are consistent with criteria or guidelines that are supported by clinical principles and processes. Health and Safety Code

section 1367.005 requires that individual or small group health plan contracts include, at a minimum, coverage for essential health benefits pursuant to the Patient Protection and Afford- able Care Act (PPACA) and as stated in 1367.005. This includes coverage of health benefits contained within the categories of

Section 1302(

b) of PPACA as follows: ambulatory patient services, emergency services, hospitalization, maternity and newborn care, mental health and substance use disorder services, including behavioral health treatment, prescription drugs, reha - bilitative and habilitative services and devices, labo - ratory services, preventive and wellness services and chronic disease management, and pediatric services, including oral and vision care. Health plan contracts must also provide coverage for the health benefits covered by the Kaiser Foundation Health Plan Small Group HMO 30 plan as this plan was offered the first quarter of 2014, as specified in Health and Safety Code

section 1367.005 and Rule 1300.67.005 of title 28 of the CCR. Health and Safety Code

section 1367.03 requires, in part, that a health plan that provides or arranges for the provision of hospital or physician services, including a mental health plan that provides hospital or physician services, or that provides mental health services pur - suant to a contract with a full–service health plan shall provide or arrange for the provision of covered health care services in a timely manner for the nature of the enrollee’s condition and consistent with good profes - sional practice.

The health plan is required to maintain adequate provider networks and ensure that all plan and provider processes necessary to obtain covered health care services, including prior authorizations, are completed in a manner that assures an enrollee re- ceives services in a timely manner appropriate for the enrollee’s condition. Health and Safety Code

section 1374.72 requires that every health plan contract issued, amended, or renewed on or after January 1, 2021, that provides hospital, medical, or surgical coverage shall provide coverage for medically necessary treatment of men - tal health and substance use disorders, under the same terms and conditions applied to other medical conditions under the terms of the health plan contract. Health and Safety Code

section 1374.721 requires that a health plan that provides hospital, medical, or surgical coverage shall base any medical necessity de- termination or the utilization review criteria that the health plan, and any entity acting on the health plan’s behalf, applies to determine the medical necessity of health care services and benefits for the diagnosis, pre- vention, and treatment of mental health and substance use disorders on current generally accepted standards of mental health and substance use disorder care. Health and Safety Code

section 1374.722 requires that a health plan contract issued, amended, renewed or delivered on or after January 1, 2024, that is re - quired to provide coverage for medically necessary treatment of mental health and substance use disorders pursuant to Health and Safety Code sections 1374.72, 1374.721, and 1374.73 shall cover the provision of the services identified in the fee–for–service reimburse - ment

schedule published by the Department of Health Care Services (DHCS), described in subsection (c)(5)(B), when those services are delivered at schoolsites. Health and Safety Code

section 1374.73 requires that every health plan contract that provides cover - age for hospital, medical, or surgical coverage shall also provide coverage for behavioral health treatment for pervasive developmental disorder or autism. This coverage shall be provided in the same manner and subject to the same requirements as Health and Safety Code

section 1374.72. Health and Safety Code

section 1386 states that the Director of the Department may take enforcement ac - tion, including the assessment of administrative pen - alties, if the Director determines that a health plan licensee has failed to comply with the requirements of the Knox–Keene Act and title 28 of the CCR. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Congress enacted the Mental Health Parity and Ad- diction Equity Act (MHPAEA) in 2008, prohibiting health plans in the large group market from impos - ing financial coverage limits on mental health ben - efits that were less favorable than those for medical and surgical benefits.

In 2010, the Affordable Care Act (ACA) extended MHPAEA ’s requirements to the small group and individual markets. MHPAEA requires health care service plans that provide mental health and substance use disorder benefits to provide those benefits at the same level as the health plan’s medi - cal and surgical benefits. MHPAEA does not require a health plan to cover mental health and substance use disorder benefits, but if the plan does so, it must offer the benefits on par with medical and surgical benefits. Current MHPAEA requirements have been in effect since mid–2014.

In 1999, California enacted Health and Safety Code

section 1374.72, requiring parity in mental health ben-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1501 efits. Unlike the federal law, Health and Safety Code

section 1374.72, as repealed, was a coverage require - ment; it required full–service health plans to provide treatment for specified mental health conditions as a covered benefit. And, like the federal law, the repealed statute stated that the benefits were required to be provided under the same terms and conditions as oth - er medical conditions. The coverage requirement in Health and Safety Code

section 1374.72, as repealed, applied to health plans in the large group, small group, and individual markets and included (1) “severe men- tal illnesses” for individuals of any age, including nine specified condition categories, and (2) “serious emo - tional disturbances” of a child. The coverage require - ment under Health and Safety Code

section 1374.72, as repealed, did not include treatment for substance use disorders. The ACA further expanded coverage requirements for mental health and substance use disorders. The ACA required health plans in the small group and in - dividual markets to cover “Essential Health Benefits” (EHBs), 1 which include coverage for “mental health and substance use disorder” services. Thus, between the EHB requirement and Health and Safety Code

section 1374.72, as repealed, all full–service health plans were required to cover mental health treatment, and all health plans in the small group and individu - al markets were also required to cover treatment for substance use disorders. Notably, though, for health plans in the large group market, the express mental health coverage mandate was limited to treatment for “serious emotional disturbances” of children and the nine enumerated categories of “severe mental illness - es” of adults listed in Health and Safety Code

section 1374.72. Senate Bill (SB) 855 (Weiner, 2020) amended Cal - ifornia’s mental health parity statute, requiring com - mercial health plans and insurers in all markets to cov- er treatment for all medically necessary mental health and substance use disorder conditions. SB 855 estab - lished specific standards for what constitutes medical- ly necessary treatment and criteria for the use of clin - ical guidelines when making medical necessity and level of care placement decisions for mental health or substance use disorder treatment.

The purpose of SB 855 was to update mental health coverage standards, expand substance use disorder coverage requirements to health plans in the large group market, and provide enrollees with stronger mechanisms to use against health plans that do not provide timely and appropri - ate coverage. Health and Safety Code

section 1374.722 was es - tablished to require health plans to provide coverage for medically necessary treatment of Mental Health/ 1 Health and Safety Code

section 1367.005. Substance Use Disorder (MH/SUD) pursuant to Health and Safety Code sections 1374.72, 1374.721 and 1374.73, when those medically necessary services are delivered at schoolsites, as defined in 1374.722(a)(6). The Department is adopting regulations that imple - ment and clarify the health plan requirements of SB 855. The Department is also repealing an old version of Rule 1300.74.72, which was adopted prior to the passage of SB 855 and does not contain the updat - ed requirements for health plans concerning mental health and substance use disorders.

The regulation package will address concerns that health plans have overly restrictive prior authorization and utilization management requirements for mental health and sub - stance use disorders, as well as inadequate networks of appropriate providers for these medical conditions. The regulation will also ensure that a health plan uses the most recent criteria and guidelines developed by a nonprofit professional association for the relevant clinical specialty when the health plan conducts a utilization review of mental health and substance use disorder medical services requested by an enrollee or provider.

COMPARABLE FEDERAL LAW (Government Code § 1346.5(a)(3)(B)) Congress enacted the Mental Health Parity and Ad- diction Equity Act (MHPAEA) in 2008, prohibiting health plans in the large group market from impos - ing financial coverage limits on mental health ben - efits that were less favorable than those for medical and surgical benefits. In 2010, the Affordable Care Act (ACA) extended MHPAEA ’s requirements to the small group and individual markets.

MHPAEA requires health care service plans that provide mental health and substance use disorder benefits to provide those benefits at the same level as the health plan’s medi - cal and surgical benefits. MHPAEA does not require a health plan to cover mental health and substance use disorder benefits, but if the plan does so, it must offer the benefits on par with medical and surgical bene - fits. Current MHPAEA requirements have been in ef - fect since mid–2014.

Additionally, the ACA required health plans in the small group and individual markets to cover EHBs, which include coverage for “mental health and substance use disorder” services. 2 2 Health and Safety Code

section 1367.005.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1502 POLICY STATEMENT OVERVIEW – BROAD OBJECTIVES AND BENEFITS OF THE PROPOSED REGULATION (Government Code § 1346.5(a)(3)(c)) The Department is repealing an old version of Rule 1300.74.72, which was adopted prior to the passage of SB 855 and does not contain the updated requirements for health plans concerning mental health and sub - stance use disorders.

The repeal of the old Rule is nec- essary to achieve the objectives of Health and Safety Code sections 1374.72, 1374.721, and 1374.722, by re- moving outdated language that could cause confusion and misunderstanding of the requirements of current law by both health plans and consumers.

The broad objective for the Department adopting regulations for mental health and substance use dis - order coverage is to implement and clarify the health plan requirements of SB 855, and to inform consumers of their rights to coverage and timely access to men - tal health and substance use disorder services, as re - quired under Health and Safety Code sections 1374.72, 1374.721, and 1374.722.

The regulation package will address concerns that health plans have overly restric- tive prior authorization and utilization management requirements for mental health and substance use dis - orders, as well as inadequate networks of appropriate providers for these medical conditions.

This informa - tion benefits consumers who need to access mental health and substance use disorder medical services by ensuring enrollees have access to necessary mental health and substance use disorder providers and that health plans conduct appropriate prior authorization requests and utilization management reviews of re - quested medical services.

By clarifying the require - ments of Health and Safety Code sections 1374.72, 1374.721, and 1374.722, the plans and consumers will benefit from consistent and efficient implementation by health plans of covered health care services for enrollees with mental health and substance use dis - orders. The proposed regulations will benefit health plans and health consumers by providing a transpar - ent and consistent approach to implementation of Cal- ifornia requirements for the treatment of mental health and substance use disorders.

Rule 1300.74.72, as proposed to be repealed: The former Rule 1300.74.72 contains an outdated definition of “mental health disorders” and omits “sub- stance use disorders.” This Rule also does not have the most updated definition of medically necessary treat - ment of mental health conditions that is required by the statute and contained in the Rule being proposed by the Department. Rule 1300.74.72, as proposed to be adopted: Proposed Rule 1300.74.72 specifies that plans shall cover medically necessary MH/SUD services pursu - ant to

Section 1374.72, which states that every health plan that provides hospital, medical, or surgical ben - efits shall also provide coverage for medically neces - sary MH/SUD under the same terms and conditions as applied to other medical conditions. The proposed Rule sets out the health plans’ obligation to provide information regarding coverage of MH/SUD benefits in their Evidence of Coverage.

The proposed Rule also lays out the health plans’ obligation to maintain a sufficient provider network for medically necessary MH/SUD services and provides guidance for health plans regarding their obligation to arrange for out– of–network medically necessary MH/SUD services if medically necessary services are not available in– network. The proposed Rule explains the procedure health plans shall take to arrange for out of network medically necessary MH/SUD services and the limits on an enrollees’ financial obligation for such services.

The proposed Rule specifies that an enrollee may ar - range for their own out–of–network medically neces - sary MH/SUD services if the health plan fails to meet its obligation and the specified timelines for providing the services. Lastly, the proposed Rule explains that health plans shall keep records of their efforts to ar - range out of network medically necessary MH/SUD services for enrollees, including the information that shall be recorded and how long the records shall be maintained by the health plan.

Rule 1300.74.72.01 as proposed to be adopted: The proposed Rule specifies the scope of the ben - efits that shall be offered by a health plan for MH/ SUD services. The Rule lays out the requirement that health plans offer the specified basic health care ser - vices in accordance with generally accepted standards of mental health and substance use disorder care, in - cluding schoolsite coverage. The proposed Rule in - cludes the requirement for coverage of home health care under specified circumstances and the frequency and types of providers that may be used to provide the home health care services.

The proposed Rule also specifies that the quantitative or nonquantitative treatments limitations or limitations on eligibility to receive the home health care shall be consistent with Medicare and subject to the Department’s approval. The proposed Rule describes the requirements for pre- ventative health care and the basic services that shall be offered by health plans for screening, intervention, and referral for treatment. Lastly, the proposed Rule includes requirements for the health care benefit for a mental health condition or substance use disorder, including coverage of emergency services.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1503 Rule 1300.74.721, as proposed to be adopted: The proposed Rule defines utilization review for the purposes of medically necessary MH/SUD ser - vices and specifies that a health plan shall use the relevant non–profit criteria when making utilization review determinations unless the circumstances in

Section 1374.721(c)(1) or (c)(2) apply. The proposed Rule specifies what information the health plan shall file to demonstrate compliance with

Section 1374.721. Further, the proposed rule requires that a health plan use specified instruments to make utilization review determinations concerning medically necessary MH/ SUD service intensity, level of care placement, con - tinued stay, and transfer or discharge to be compli - ant with

Section 1374.721. Finally, the proposed Rule specifies how health plans shall sponsor formal edu- cation and training programs for their staff and other stakeholders regarding handling medically necessary MH/SUD. CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS (Government Code § 11346.5(a)(3)(D)) The Department compared the proposed regulation to existing state regulations including title 28, sec - tions 1300.67 and 1300.67.005, as well as (old)

section 1300.74.72 (being repealed). The proposed regulation is neither inconsistent nor incompatible with existing state regulations. The Department evaluated the pro - posed regulations for any related regulations in this area and found that these are the only regulations that apply specifically to mental health and substance use disorder coverage requirements under title 28 of the CCR. PURPOSE OF THE REGULATIONS The Department is proposing to adopt Rules 1300.74.72, 1300.74.72.01 and 1300.74.721, and repeal old

section 1300.74.72, to specify health plans require- ments for coverage of mental health and substance use disorders and utilization management of these disorders. This is necessary to interpret, implement and make specific the requirements for health plan coverage and utilization management of enrollees with mental health and substance use disorders under Health and Safety Code sections 1374.72 and 1374.721, as amended by SB 855, and to interpret, implement and make specific the requirements for health plan cover - age of enrollees with mental health and substance use disorders who receive medically necessary MH/SUD services provided at a schoolsite pursuant to Health and Safety Code

section 1374.722. LOCAL MANDATE The Department has determined the regulations will not impose a mandate on local agencies or school districts, nor are there any costs requiring reimburse - ment by

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. ALTERNATIVES CONSIDERED Pursuant to Government Code

Section 11346.5(a)(13), the Department must determine that no reasonable 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 im- plementing the statutory policy or other provision of law.

The Department has considered the following alter- natives and determined they are not reasonable and would not be more effective in carrying out the pur - pose for which the action is proposed, be as effective and less burdensome to affected private persons, or be more cost–effective to affective private persons and equality effective in implementing the statutory policy or other provision of law: Alternative 1: Audit complaints through the Help Center regarding compliance with SB 855 As an alternative to specifying that plans use the NPA criteria and guidelines in Rule 1300.74.721(

c) and (d), the Department considered allowing plans to se - lect their own criteria for utilization review as long as those criteria are based on “current generally accepted standards of mental health and substance use disorder care.” 3 This would have required the Department to monitor complaints regarding delays, modifications, and denials of MH/SUD treatment requests to deter - mine whether

a) plans were using utilization review criteria based on generally accepted standards of MH/ SUD care and

b) whether plans were applying the cri- teria in an overly restrictive manner. The Department decided against this course of ac - tion. Given the current mental health and substance use crisis, it is imperative that individuals in crisis can receive medically necessary MH/SUD treatment as expediently as possible. This alternative would have potentially added to unnecessary delays in individuals receiving such services. This alternative also would not necessarily effectively implement the statutory re- quirement for plans to utilize the most recent versions of treatment criteria developed by the nonprofit pro - 3 See HSC

section 1374.721(a).

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1504 fessional association for the relevant clinical specialty. Thus, the Department opted for the more prescriptive standard of requiring specific NPA criteria to be used by plans for utilization review of MH/SUD services. Alternative 2: Allow plans to integrate the relevant NPA criteria into existing utilization review procedures .

Instead of requiring that plans use the tool developed by the relevant NPA to conduct utilization review, the Department considered allowing plans to attest to us - ing the NPA criteria and integrating it into their exist- ing procedures. This option would likely have resulted in incorrect application of the NPA criteria. Thus, the Department opted to require use of any tool developed by the NPA for utilization review or, in the alternative, having internal procedures certified by the relevant NPA for proper use of the criteria.

The Department invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the requirements of the proposed regulations during the written comment period. BUSINESS REPORTING REQUIREMENT Pursuant to Government Code

section 11346.3(d), the Department has determined that the reporting requirements contained in this regulation are nec - essary for the health, safety or welfare of the people of the State of California. The proposed regulations are a benefit to the health plans because it provides a standardized, cohesive reporting methodology that enables health plans to report meaningful MH/SUD information, including provider information, to the Department.

The health plans are already required by existing law to provide the Department with timely ac- cess to care information under Rules 1300.67.2.1 and 1300.67.2.2 to the Department. Health plans benefit because uniform standards allow for ease of reporting submission. Submission this information allows the Department to ensure health plans are complying with MH/SUD appointment standards and that health plans have adequate provider networks to meet the needs of the enrollee population they serve.

SUMMARY OF FISCAL IMPACT ● Mandate on local agencies and school districts: None. ● Cost or Savings to any State Agency: None. ● Direct or Indirect Costs or Savings in Federal Funding to the State: None. ● Cost to Local Agencies and School Districts Required to be Reimbursed under

Part 7 (com - mencing with

Section 17500) of Division 4 of the Government Code: None. ● Cost impacts that a representative private per - son or business would necessarily incur in rea - sonable compliance with the proposed action. The Department estimates that the average health plan will spend between $0.09 and $0.54 per en - rollee to implement the proposed Rule, and be - tween $0.05 and $0.08 per enrollee for ongoing costs associated with the proposed Rule.

Health plans can use existing staff and resources to com- ply with the proposed Rule. ● Effect on Housing Costs: None. ● Other non–discretionary cost or savings imposed upon local agencies: None. DETERMINATIONS The Department has made the following initial determinations: The Department has determined the regulation will not impose a mandate on local agencies or school dis- tricts, nor are there any costs requiring reimbursement by

Part 7 (commencing with

section 17500) of Divi - sion 4 of the Government Code. As specified in Sec - tion 6 of AB 2179, no reimbursement is required. The Department has determined the regulation will have no significant effect on housing costs. The Department has determined the regulation does not affect small businesses. Health care service plans are not considered a small business under Government Code

section 11342.610(

b) and (c). The Department has determined the regulation will not significantly affect the creation or elimination of jobs within the State of California. The Department has determined the regulation will not significantly affect the creation of new business - es or the elimination of existing businesses within the State of California. The Department has determined the regulation will not significantly affect the expansion of businesses currently doing business within the State of California.

The Department has determined the regulation will not have a significant statewide adverse economic im- pact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. The Department has determined that this regulation will have no cost or savings in federal funding to the state.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1505 RESULTS OF THE ECONOMIC I M PACT A NA LYSIS (Government Code § 11346.3(b)) Creation or Elimination of Jobs Within the State of California The Department does not believe that a health plan will create additional positions to comply with the re - quirements of the proposed Rule. A health plan will likely use existing staff to conduct utilization review pursuant to the new requirements of the Proposed Rule.

Therefore, the Department does not anticipate the creation or elimination of jobs within the State of California resulting from the proposed Rules. Creation of New Businesses or the Elimination of Existing Businesses Within the State of California The proposed Rule will neither create new business- es nor eliminate existing businesses. The proposed Rule affects only existing businesses and does not require the creation of any new businesses. As dis - cussed, a health plan will have to train existing staff to conduct utilization review using the relevant non– profit association (NPA) criteria and guidelines.

The health plan normally trains staff as a normal course of business practice. Therefore, the Department does not anticipate the creation or elimination of jobs with- in the State of California resulting from the proposed Rules for the health plan staff. Expansion of Businesses Currently Doing Business Within the State of California As discussed above, the proposed Rule is unlikely to cause an increase in workload on existing health plan personnel.

The Department estimates that the average health plan will spend between $0.10 and $0.54 per enrollee to implement the proposed Rule, and between $0.06 and $0.08 per enrollee for ongoing costs associ- ated with the proposed Rule. A health plan can use ex- isting staff and resources to comply with the proposed Rule per normal business practice. The Department does not believe that any of the NPAs doing business in California will experience an expansion in business due to the proposed Rule. Exist- ing staff and resources can absorb the workload from the proposed Rule.

Benefits to the Health and Welfare of California Residents, Worker Safety and the State’s Environment SB 855 represents a crucial change to MH/SUD service coverage in the State of California that will benefit the health and welfare of California enroll - ees. The proposed Rule adds essential clarification to SB 855, which was enacted in 2020. Most notably, a health plan will have to either utilize the specific tool developed by the NPA to conduct utilization review or integrate the NPA criteria into internal utilization review procedures and have those procedures certified by the relevant NPA.

The proposed regulations would ensure that enrollees with mental health or substance use disorders have access to the appropriate treatment; thereby, benefiting their overall health and access to medically necessary services. The proposed rule re - quires that a health plan use specified instruments to make utilization review determinations concerning medically necessary MH/SUD service intensity, level of care placement, continued stay, and transfer or dis - charge to be compliant with Health and Safety Code

section 1374.721, ensuring that health plan enrollees have the benefit of appropriate access to care as re - quired under the law and ensuring appropriate welfare for enrollees with mental health and substance use dis- orders. The Department does not anticipate this regu - latory action will have any impact on worker safety, or the state’s environment.

GENERAL PUBLIC INTEREST GAMBLING CONTROL COMMISSION NOTICE OF CORRECTION COMMISSION FEES MODERNIZATION PROJECT III CGCC–GCA–2022–03–C The California Gambling Control Commission (Commission) published a Notice of Proposed Action (NOPA) concerning the proposed adoption of regula - tions for Commission Fees Modernization III, to make changes within the California Code of Regulations, Title 4, Division 18, in the California Regulatory No - tice Register (Register) on December 2, 2022 (Regis - ter 2022, No. 48–Z, page 1424, Notice File Number Z2022–1122–05).

The second paragraph of the pub - lished NOPA, titled Written Comment Period, con - tained typographical errors, which incorrectly indict - ed that the written comment period closes in the year 2022. The NOPA should have correctly provided that: WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to the Commission at any time during the 45–day public comment period, which closes on January 17, 2023.

Written comments relevant to the proposed regulatory action may be sent by mail, facsimile, or e–mail, directed to one of the in-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1506 dividuals designated in this notice as a contact person. To be eligible for the Commission’s consideration, all written comments must be received at its office no later than midnight on January 18, 2023.

Com- ments sent to persons and/or addresses other than those specified under Contact Persons, or received after the date and time specified above, will be in - cluded in the record of this proposed regulatory action, but will not be summarized or responded to regardless of the manner of transmission.” Any inquiries regarding this correction or com - ments and inquiries concerning the substance of the proposed action, should be directed to the following primary contact person: Joshua Rosenstein, Legislative and Regulatory Specialist Legislative and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833–4231 Telephone: (916) 274–5823 Fax: (916) 263–0499 E–mail: jrosenstein@cgcc.ca.gov Requests for a copy of the Initial Statement of Rea - sons, proposed text of the regulation, modified text of the regulation, if any, or other technical information upon which the proposed action is based should be di- rected to the following backup contact person: Alex Hunter, Legislative and Regulatory Specialist Legislative and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833–4231 Telephone: (916) 263–1301 Fax: (916) 263–0499 E–mail: ahunter@cgcc.ca.gov Materials regarding this proposed action are also available on the Commission’s website at www.cgcc. ca.gov.

GAMBLING CONTROL COMMISSION NOTICE OF CORRECTION NOTICE OF PROPOSED ACTION FOR SUBPOENAS CGCC–GCA–2022–06–R The California Gambling Control Commission (Commission) published a Notice of Proposed Action (NOPA) concerning the proposed adoption of regula - tions for Subpoenas, to make changes within the Cal - ifornia Code of Regulations, Title 4, Division 18, in the California Regulatory Notice Register (Register) on November 18, 2022 (Register 2022, Number 46–Z, pg. 1369, Notice File Number Z2022–1107–01).

The second paragraph of the published NOPA, titled Writ- ten Comment Period, contained typographical errors, which incorrectly indicted that the written comment period closes in the year 2022. The NOPA should have correctly provided that: WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to the Commission at any time during the 45–day public comment period, which closes on January 3, 2023.

Written comments relevant to the proposed regulatory action may be sent by mail, facsimile, or e–mail, directed to one of the in- dividuals designated in this notice as a contact person. To be eligible for the Commission’s consideration, all written comments must be received at its office no later than midnight on January 4, 2023.

Comments sent to persons and/or addresses other than those specified under Contact Persons, or received after the date and time specified above, will be included in the record of this proposed regulatory action, but will not be summarized or responded to re - gardless of the manner of transmission.” Any inquiries regarding this correction or com - ments and inquiries concerning the substance of the proposed action, should be directed to the following primary contact person: Joshua Rosenstein, Legislative and Regulatory Specialist Legislative and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833–4231 Telephone: (916) 274–5823 Fax: (916) 263–0499 E–mail: jrosenstein@cgcc.ca.gov Requests for a copy of the Initial Statement of Rea - sons, proposed text of the regulation, modified text of the regulation, if any, or other technical information upon which the proposed action is based should be di- rected to the following backup contact person: Alex Hunter, Legislative and Regulatory Specialist Legislative and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833–4231 Telephone: (916) 263–1301 Fax: (916) 263–0499/

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1507 E–mail: ahunter@cgcc.ca.gov Materials regarding this proposed action are also available on the Commission’s website at www.cgcc. ca.gov. DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH ON FULLY PROTECTED SPECIES WHITE–TAILED KITE POPULATION AND MOVEMENT ECOLOGY IN CALIFORNIA The Department of Fish and Wildlife (Department) received a proposal on November 29, 2022, from Dr.

Peter Bloom of Bloom Biological, Inc., request - ing authorization to take white–tailed kites ( Elanus leucurus) (kite), a Fully Protected bird species, for sci- entific research purposes, consistent with protection and conservation of the species. Dr. Bloom will be conducting basic population and movement ecological research on kites in the South Coast Ranges of San Diego, Orange, Los Angeles, Ventura, and Santa Barbara counties. The research will help fill knowledge gaps about kites to help fa - cilitate the conservation and management of the spe - cies and of open–space lands.

The proposed activities include surveying and monitoring nests and banding nestlings, trapping adults, subadults, and juveniles via baited bow nets, noose carpets, bal–chatris, and dho–gazas, attachment of VHF, GSM cellular, or PTT satellite transmitters to track dispersal movements and home range sizes, banding with aluminum and color bands, and collection of blood and feather samples. If any kites are found dead, they will be salvaged and donated to a scientific institution open to the public, as designated by the Department and the U.S. Fish and Wildlife Service.

No adverse effects on individuals or populations are expected. The Department intends to issue, under specified conditions, an amended Memorandum of Understand- ing (MOU) that would authorize the applicant to carry out the proposed activities. The applicant is also re - quired to have valid federal permits and a scientific collecting permit for this research on kites and to inci- dentally take other bird species in California. Pursuant to California Fish and Game Code (FGC)

Section 3511(a)(1), the Department may authorize take of Fully Protected bird species after a 30–day notice period has been provided to affected and interested parties through publication of this notice. If the De - partment determines that the proposed research is consistent with the requirements of FGC

Section 3511 for take of Fully Protected birds, it will issue the au - thorization on or after January 15, 2023, for an initial and renewable term of four years. Contact: Shannon Skalos, Shannon.Skalos@wildlife.ca.gov.

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT ANNOUNCEMENT OF PUBLICATION OF PUBLIC HEALTH GOALS AND TECHNICAL SUPPORT DOCUMENT FOR HALOACETIC ACIDS IN DRINKING WATER The Office of Environmental Health Hazard As - sessment (OEHHA) of the California Environmental Protection Agency is announcing its adoption and publication of Public Health Goals (PHGs) for the five regulated haloacetic acids (HAAs) found in drinking water as a result of disinfection methods: monochloro- acetic acid (MCA), dichloroacetic acid (DCA), trichlo- roacetic acid (TCA), monobromoacetic acid (MBA), and dibromoacetic acid (DBA).

A PHG is the level of a drinking water contaminant at which adverse health effects are not expected to oc- cur from a lifetime of exposure.

The California Safe Drinking Water Act of 1996 1 requires OEHHA to de - velop PHGs based exclusively on public health consid- erations.2 PHGs published by OEHHA are considered by the State Water Resources Control Board in setting drinking water standards (Maximum Contaminant Levels, or MCLs) for California. 3 The technical support document, posted on the OE - HHA website ( https://oehha.ca.gov/water), presents the scientific information available on the toxicity of the HAAs and the calculation of the PHGs.

The PHGs of 0.2 parts per billion (ppb) for DCA, 0.1 ppb for TCA, and 0.03 ppb for DBA are based on carcinogenicity and are set at a level of risk of one additional cancer case per one million persons exposed over a lifetime. The PHGs of 53 ppb for MCA and 25 ppb for MBA are based on noncancer health effects. OEHHA also pres- ents health–protective drinking water concentrations for noncancer health effects for DCA, TCA, and DBA.

A companion document, also available at https:// oehha.ca.gov/water, contains responses to comments from the two public comment periods and the external scientific peer review conducted pursuant to Califor - nia Health and Safety Code

Section 57004. 1 Codified at Health and Safety Code,

section 116270 et seq. 2 Health and Safety Code,

section 116365(c). 3 Health and Safety Code,

section 116365(

a) and (b).

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1508 If you have questions regarding this announcement, please contact Hermelinda Jimenez at PHG.Program@ oehha.ca.gov or at (916) 324–7572.

OFFICE OF THE STATE FIRE MARSHAL NOTICE OF EXTENSION OF WRITTEN COMMENT PERIOD On November 4, 2022, the Office of the State Fire Marshal published a Notice of Proposed Rulemaking concerning the Regulations Relating to Fireworks and Flamethrowing Devices. (California Regulatory Notice Register 2022, No. 44–Z, November 4, 2022, page 1299.) The original written comment period for this action was: November 4, 2022, through December 20, 2022. The Department is now extending the written comment deadline.

The extended written comment period is: November 4, 2022, through January 4, 2023 The Notice of Extension of the Written Comment Period, Initial Statement of Reasons, and Express Text of Regulations for this rulemaking can be accessed on the Office of the State Fire Marshal website: https://osfm.fire.ca.gov/divisions/code– development–and–analysis/title–19–development/ under the tab titled: (FWX) Fireworks and Flame - throwing Devices – Fee Increase Please submit all written comments or questions to: Eireann Flannery CAL FIRE / Office of the State Fire Marshal 715 ‘P’ Street, Suite 900 Sacramento, CA 95814 Title19Regulations@fire.ca.gov Phone: (916) 531–7650 PETITION DECISION DEPARTMENT OF CORRECTIONS AND REHABILITATION Pursuant to Government Code 11340.7 PETITIONER Debbie Anderson 916–201–6710 debraja2004@yahoo.com AUTHORITY The authority granted by Government Code (GC)

section 12838.5 vests to the California Department of Corrections and Rehabilitation (CDCR or department) all the powers, functions, duties, responsibilities, ob - ligations, liabilities, and jurisdiction of the abolished Youth and Adult Correctional Agency, California Department of Corrections, Department of the Youth Authority, Commission on Correctional Peace Officer Standards and Training, Board of Corrections, and the State Commission on Juvenile Justice, Crime and De- linquency Prevention. Penal Code (PC)

section 5050 provides that commencing July 1, 2005, any reference to the Director of Corrections refers to the Secretary of the CDCR. PC

section 5054 vests with the Secre - tary of the CDCR the supervision, management, and control of the state prisons, and the responsibility for the care, custody, treatment, training, discipline, and employment of persons confined therein. PC

section 5055 provides that commencing July 1, 2005, all pow- ers/duties previously granted to and imposed upon the CDC shall be exercised by the Secretary of the CDCR. PC

section 5058 provides that the Director may pre - scribe and amend regulations for the administration of prisons. CONTACT PERSON Please direct any inquiries regarding this action to Ying Sun, Associate Director, Regulation and Policy Management Branch, California Department of Cor -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1509 rections and Rehabilitation, P.O. Box 942883, Sacra - mento, CA 94283–0001. A VAILABILITY OF PETITION The petition to amend regulations is available upon request directed to the department’s contact person.

SUMMARY OF PETITION The Petitioner is petitioning to amend the Califor - nia Code of Regulations (CCR), Title 15, Division 3,

Article 1,

section 3000,

Definitions. Specifically, the Petitioner seeks to amend the definition of immedi - ate family members to include the family unit they identify as “Found Family” or “Chosen Family,” os - tensibly to allow the expansion of who may participate in the Family Visiting (Overnight) program.

The Pe - titioner implies this definition should include anyone “who is visiting the particular man or woman that’s incarcerated.” The Petitioner states many incarcerated individu - als come from “toxic, dysfunctional families where they were abused physically, emotionally, and men - tally, never feeling loved or having any support from their family members.” The Petitioner further states the incarcerated individuals “have been lucky enough through the years to have formed friendships that have turned into a family unit which are just as important as any biological family unit and are probably more important to someone who grew up with toxic biolog- ical family.

No one should feel isolated or alone espe- cially while in prison.” DEPARTMENT DECISION The department denies the petition to amend CCR, Title 15, Division 3,

section 3000,

Definitions, specifi- cally to modify the meaning of immediate family. The current definition is clearly defined, and in review, the department finds the CCR, Title 15, Division 3, sec - tion 3000 definition for immediate family is congruent with numerous other California statute

definitions for immediate family, including but not limited to those found within the Civil Code; the Education Code; the Government Code; the Health and Safety Code; the Penal Code; and the Welfare and Institutions Code. Further, the definition “Immediate Family Member” within

section 3000 is more inclusive than the afore - mentioned statutory sections, as it lists registered do - mestic partners; adoptive parents, if the adoption oc - curred and a family relationship existed prior to the incarcerated individual’s incarceration; step–parents or foster parents; step, or foster brothers or sisters; the incarcerated individual’s natural and adoptive chil - dren; and legal stepchildren.

As it pertains to the Petitioner’s intent to expand access to the Family Visiting (Overnight) Program, it is important to note family visiting is a privilege afforded to incarcerated individuals, and not a right; and is restricted to the extent necessary to ensure the safety and security of those who live and work within the institutions, institution visitors, and the public. As such, in addition to whom the incarcerated individual may visit in keeping with

section 3000, further limita- tions may be based upon the incarcerated individual’s conviction history, their behavior while incarcerated, their assigned work group/privilege group, and their current custody level. OAL REGULATORY DETERMINATION DEPARTMENT OF CORRECTIONS AND REHABILITATION OFFICE OF ADMINISTRATIVE LAW DETERMINATION OF ALLEGED UNDERGROUND REGULATION (SUMMARY DISPOSITION) (Pursuant to Government Code

Section 11340.5 and Title 1,

section 270, of the California Code of Regulations) The attachments are not being printed for practi - cal reasons or space considerations. However, if you would like to view the attachments please contact Margaret Molina at (916) 324–6044 or Margaret.Mo- lina@oal.ca.gov. 2022 OAL DETERMINATION NUMBER 3(S) (CTU2022–1014–01) Date: December 1, 2022 To: Carnell Leavy From:

Chapter Two Compliance Unit Subject: 2022 OAL DETERMINATION NUMBER 3(S) (CTU2022–1014–01) (Summary Disposition issued pursuant to Government Code,

sec. 11340.5; Cal. Code Regs., title 1,

sec. 270(f)) Petition challenging as an underground regulation Authorized Personal Property

Schedule Exemptions issued by the California Department of Corrections and Rehabilitation — High Desert State Prison

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1510 On October 14, 2022, the Office of Administrative Law (OAL) received your petition asking for a deter - mination as to whether certain Authorized Personal Property

Schedule (APPS) exemptions identified in a letter, dated September 21, 2022, sent to you by the High Desert State Prison Warden’s Office, constitute an underground regulation. The letter is attached here- to as Exhibit A. In issuing a determination, OAL renders an opinion only as to whether a challenged rule is a “regulation” as defined in Government Code

section 11342.600, 1 which should have been, but was not, adopted pursu- ant to the Administrative Procedure Act (APA). Noth- ing in this analysis evaluates the advisability or the wisdom of the underlying action or enactment. If a rule meets the definition of a regulation in Gov- ernment Code

section 11342.600, but was not adopted pursuant to the APA, it may be an “underground reg - ulation” as defined in California Code of Regulations (CCR), title 1,

section 250: (a) “ Underground regulation” means any guide - line, criterion, bulletin, manual, instruction, or - der, standard of general application, or other rule, including a rule governing a state agency proce - dure, that is a regulation as defined in

Section 11342.600 of the Government Code, but has not been adopted as a regulation and filed with the Secretary of State pursuant to the APA and is not subject to an express statutory exemption from adoption pursuant to the APA. [Emphasis added.] The challenged rule contained in the letter states: HDSP currently has Authorized Personal Property

Schedule (APPS) approved exemptions on the Level IV 180 design housing Facilities C and D for personal fans, disposable razors, manual typewriters, clip on fans, lights, and Styrofoam. CCR, title 15,

section 3190 provides, in relevant part: (b) [ …] An Authorized Personal Property Sched - ule, identifying a list of allowable property, not including religious property, shall be developed and updated no more frequently than twice year - ly. Local facility exemptions to the property lists shall also be identified. All changes to the Au- thorized Personal Property

Schedule shall be ad - opted in accordance with the rulemaking require- ments of the Administrative Procedure Act (Gov- ernment Code Sections 11340 through 11350.3) and, if applicable, Penal Code 5058.3. (1) […] 1 “Regulation” means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure.

(3) A uthorized Personal Property

Schedule –– Level IV Male Inmates (Rev. 12/20/21). This personal property

schedule applies to all fa - cilities which operate Level IV Male Inmate Housing. Pages one through five of the “Authorized Per - sonal Property

Schedule –– Level IV Male In - mates (Rev. 12/20/21)” are attached hereto as Exhibit B. Page four provides, under the head - ing “GRANTED EXEMPTION REQUESTS:” HIGH DESERT STATE PRISON Level IV Facilities ● D isposable razors and manual typewriters are not permitted. ● C lip on fans and lights are not permitted. ● S tyrofoam is not permitted. ● F ans are not permitted in Facilities C and D. The “Authorized Personal Property

Schedule – Lev- el IV Male Inmates (Rev. 12/20/21),” incorporated by reference in CCR, title 15,

section 3190(b)(3), was duly adopted by the California Department of Corrections and Rehabilitation (CDCR) in an emergency rulemak- ing by operational necessity pursuant to Penal Code

section 5058.3 (OAL matter Number 2020–0706– 02EON). A document incorporated by reference into a regulation becomes a duly adopted regulation. CCR, title 1,

section 20(

e) provides: Where a regulation which incorporates a document by reference is approved by OAL and filed with the Secretary of State, the document so incorporated shall be deemed to be a regulation subject to all provisions of the APA. The matter was reviewed and approved by OAL. The emergency regulations were filed with the Sec - retary of State on July 23, 2020, and became effective the same day. An emergency rulemaking by oper - ational necessity expires by operation of law unless CDCR timely submits a Certificate of Compliance in accordance with Government Code

section 11346.1(e). A Certificate of Compliance for the emergency regulations filed July 23, 2020, was timely submit - ted by CDCR to OAL on November 29, 2021 (OAL matter Number 2021–1129–01C). The Certificate of Compliance certified that CDCR complied with Gov - ernment Code sections 11346.2 to 11347.3, inclusive. The matter was reviewed and approved by OAL, filed with the Secretary of State, and became operative on December 20, 2021. Therefore, California Code of Regulations, title 15,

section 3190(b)(3), including the December 20, 2021, version of the APPS – Level IV Male Inmates, was duly adopted pursuant to the APA. A regulation that is duly adopted pursuant to the APA is not an underground regulation.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1511 For the reasons discussed above, we find that the rule challenged by your petition is not an underground regulation.2 The issuance of this

summary disposition does not restrict your right to adjudicate the alleged violation of

section 11340.5 of the Government Code. December 1, 2022 /s/ Eric Partington Attorney IV Cc: Kathleen Allison, Secretary, CDCR Ying Sun, RPMB, CDCR

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. Fish and Game Commission File # 2022–1020–01 Sport Fishing Regulations Updates This certificate of compliance makes permanent emergency action Number 2022–0107–01E (readopted in action Number 2022–0712–02EE), which extended 2 The rule challenged by your petition is the proper subject of a

summary disposition letter pursuant to title 1,

section 270 of the California Code of Regulations. Subdivision (

f) of

section 270 provides: (f)

(1) If facts presented in the petition or obtained by OAL during its review pursuant to subsection (

b) demon - strate to OAL that the rule challenged by the petition is not an underground regulation, OAL may issue a sum - mary disposition letter stating that conclusion. A sum - mary disposition letter may not be issued to conclude that a challenged rule is an underground regulation. 2) Circumstances in which facts demonstrate that the rule challenged by the petition is not an underground regulation include, but are not limited to, the following: (

A) The challenged rule has been superseded. (

B) The challenged rule is contained in a California statute. (

C) The challenged rule is contained in a r egulation that has been adopted pursu a nt to the rulemaking provisions of the APA. (

D) The challenged rule has expired by its own terms. (

E) An express statutory exemption from the r ulemaking provisions of the APA is applicable to the c hallenged rule. the low–flow closure periods in the current low–flow inland sport fishing restrictions for the north coast and central coast streams to remove angling as an addi - tional stress on steelhead and salmon populations.

Title 14 Amend: 2.00, 2.25, 2,30, 5,00, 5,15, 5.20, 5.41, 5.75, 5.79, 5.85, 5.87, 5.88, 7.00, 7.40, 7.50, 8.00, 29.85 Filed 12/06/2022 Effective 12/06/2022 Agency Contact: David Haug ( 916) 902–9286 Occupational Safety and Health (Cal–OSHA) D ivision File # 2022–1101–01 Definition of Normal Consumption This rulemaking action makes permanent an emer - gency regulation which implements and makes spe - cific the policy set forth in Labor Code

section 6403.3 (the so–called “stockpile” requirement on health care facilities for maintaining adequate supplies of person- al protective equipment [PPE]), which was enacted to address the shortage of PPE for front–line health care workers resulting from the COVID–19 pandem - ic and to protect these healthcare workers from fur - ther spread of COVID–19 as well as ensure adequate supply of PPE to prepare for the future. Specifically, the regulation clarifies the meaning of “normal con - sumption” of PPE and provides a formula for calcu- lating “three months of normal consumption” of PPE as those terms are used in Labor Code

section 6403.3. Title 08 Adopt: 340.70 Filed 12/05/2022 Effective 12/05/2022 Agency Contact: Lisa Brokaw ( 510) 286–6958 Secretary of State File # 2022–1018–01 Notices Regarding Prohibition of Electioneering and C orruption of the Voting Process This certificate of compliance by the Secretary of State makes permanent the emergency regulations that establish notice requirements concerning the pro - hibition of electioneering and activity related to the corruption of the voting process. Title 02 Adopt: 20180, 20181, 20182 Filed 11/30/2022 Effective 11/30/2022 Agency Contact: R obbie Anderson ( 916) 216–6488

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1512 CalSavers Retirement Savings Board File # 2022–1122–02 CalSavers Retirement Savings Program Amendments This emergency rulemaking action by the CalSavers Retirement Savings Board readopts amendments orig- inally made in OAL Matter No. 2022–0308–03E, and readopted in OAL Matter No. 2022–0830–04EE, re - lating to determining employer eligibility and dead - lines for registration and enrollment in the CalSavers Retirement Savings Program.

Title 10 Amend: 10000, 10001, 10002, 10004 Filed 11/30/2022 Effective 12/15/2022 Agency Contact: Eric Lawyer (916) 653–1744 Air Resources Board File # 2022–1014–06 Advanced Clean Cars II Regulations In this action, the California Air Resources Board adopts the Advanced Clean Car II (ACCII) regulations for the purpose of guiding the light–duty vehicle seg - ment of the California transportation sector toward 100% electrification by 2035.

The action also increas- es the stringency of existing regulations to ensure emissions are reduced in vehicles sold with internal combustion engines beginning in 2026 and until 2035.

Title 13 Adopt: 1961.4, 1962.4, 1962.5, 1962.6, 1962.7, 1962.8 Amend: 1900, 1961.2, 1961.3, 1962.2, 1962.3, 1965, 1968.2, 1969, 19676, 1978, 2037, 2038, 2112, 2139, 2140, 2147, 2317, 2903 Filed 11/30/2022 Effective 11/30/2022 Agency Contact: Bradley Bechtold (661) 305–9128 Board of Forestry and Fire Protection File # 2022–1014–01 Forest Resiliency Amendments, 2022 This action amends forest management and stock - ing regulations to improve forest resilience.

Title 14 Amend: 912.7, 913.2, 913.11, 932.7, 933.2, 933.11, 952.7, 953.2, 953.11 Filed 11/30/2022 Effective 01/01/2023 Agency Contact: Jane Van Susteren (916) 619–9795 State Water Resources Control Board File # 2022–1019–01 Colorado River Basin RWQCB Basin Plan Amendment On June 15, 2021, the Regional Water Quality Control Board (RWQCB), Colorado River Basin Region adopted Resolution No. R7–2021–0028 re - vising the prohibition adopted in Resolution No.

R7–2011–0004 and first revised in Resolution R7– 2016–0001 to (1) consolidate the phase 2 and 3 dead - lines for the Yucca Valley sewage collection sys - tem, (2) extend the phase 1 and 2 deadlines, (3) add deferred parcels, (4) provide compliance periods for connecting to the connection system, (5) require Advance Treatment Units for Onsite Wastewater Treatment Systems on exempt parcels, (6) revise the reporting requirements to be less frequent but with more information, and (7) provide an updated map.

Title 23 Amend: 3969.1 Filed 12/05/2022 Effective 12/05/2022 Agency Contact: Maria Davydova (760) 776–8947 California Gambling Control Commission File # 2022–1021–06 Commission Fees Modernization Project II In this resubmitted certificate of compliance, the Commission establishes the annual fees for Third– Party Providers of Proposition Player Services (TPPPS) business licensees.

Also, the Commission adds a definition for the term “gross revenue,” Title 04 Adopt: 12252.2 Amend: 12002, 12252 Filed 12/07/2022 Effective 12/07/2022 Agency Contact: Alexander Hunter (916) 263–1301 Commission on Peace Officer Standards and Training File # 2022–1017–03 Updates to

Definitions This action by the Commission on Peace Officer Standards and Training implements Senate Bill 2 (Chapter 409, Statutes of 2021) by adopting and amending

definitions relating to peace officer hiring eligibility and certification requirements.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 50-Z 1513 Title 11 Adopt: 1201 Amend: 1001 Filed 11/30/2022 Effective 01/01/2023 Agency Contact: Michelle Weiler (916) 227–4870 Department of Parks and Recreation File # 2022–0902–02 Grants and Cooperative Agreement Program This action repeals the 2008 Soil Conservation Standard and Guidelines and adopts the 2020 Soil Conservation Standard and Guidelines which are in - corporated by reference in 14 CCR

Section 4970.06.3. The Soil Conservation Standards and Guidelines are used by the Off–Highway Motor Vehicle Recreation Division in administering their grants and cooperative agreements programs. Title 14 Amend: 4790.06.3 Filed 11/30/2022 Effective 01/01/2023 Agency Contact: Ethan Mathes (916) 215–8074 Fish and Game Commission File # 2022–1014–04 Commercial Harvest of Kelp & Other Aquatic Plants This rulemaking action by the Fish and Game Commission updates requirements for the commercial harvesting of kelp and other aquatic plants.

This ac - tion also updates requirements related to the leasing of administrative kelp beds and temporarily closes lease only administrative kelp beds 308, 309, and 312.

Title 14 Adopt: 705.1 Amend: 165, 165.5 Filed 11/30/2022 Effective 01/01/2023 Agency Contact: Sherrie Fonbuena (916) 902–9284 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.