Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 15-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW APRIL 14, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Return or Attribution of Excessive Contributions — Notice File Number Z2023–0404–01 ....................... 501 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Concerning

Section 84308 Levine Act — Notice File Number Z2023–0404–04 ............................... 502 TITLE 4. HORSE RACING BOARD Postmortem Examination Review — Notice File Number Z2023–0404–03 ................................... 504 TITLE 4. POLLUTION CONTROL FINANCING AUTHORITY California Capital Access Program — Notice File Number Z2023–0404–05 ............................... 507 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Training and Testing Specifications for Peace Officer Basic Courses — Notice File Number Z2023–0329–01 ................................................................. 509 TITLE 16. BOARD OF PHARMACY Temporary Licenses for Military Spouses/ Domestic Partners — Notice File Number Z2023–0330–01 ................................................................. 511 TITLE 16. BOARD OF OPTOMETRY Continuing Education: Purpose and Requirements — Notice File Number Z2023–0330–02 ..................... 513 TITLE 22.

DEPARTMENT OF SOCIAL SERVICES Group Homes for Children with Special Health Care Needs — Notice File Number Z2023–0403–02 ................................................................. 517 TITLE 22. DEPARTMENT OF SOCIAL SERVICES Personal Rights in Foster Care — Notice File Number Z2023–0404–02 ..................................... 519 (Continued on next page)

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Dye Creek Fish Passage Improvement Project Tracking Number: 1653–2023–110–001–R1, Tehama County ............................................. 522

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................... 522 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 501 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. F AIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the authority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, proposes to adopt, amend, or repeal regulations in Ti - tle 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regula- tion at a public hearing on or after May 18, 2023, at the offices of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California, commencing at approximately 10:00 a.m. Written comments to the Commission offices are requested no later than 5:00 p.m. on May 16, 2023. BACKGROUND/OVERVIEW On September 29, 2022, the Governor signed SB 1439 into law. SB 1439 amends

Section 84308 of the Political Reform Act and the amendments took effect on January 1,

Section 84308 places limitations on certain public officials’ ability to take

part in licens- ing, permitting, and other use entitlement proceedings when a party or participant in the proceeding has contributed more than $250 to the official; the statute also prohibits officials from receiving contributions exceeding $250 during such a proceeding and for a defined period after a final decision in the proceeding. SB 1439 broadens the scope of

Section 84308 to ap - ply to local elected officials when serving in a position directly elected by the voters and extends the period in which a post–proceeding contribution of more than $250 is prohibited from three months after the final decision to 12 months after the final decision. Given the expansion of the scope of

Section 84308 and the numerous questions the Commission has received re - garding the application of

Section 84308, Commission 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sec - tions 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. staff is proposing the adoption, repeal, and amendment of various regulations pertaining to

Section 84308. REGULATORY ACTION ● Amend 2 Cal. Code Regs. Sections 18438.1, 18438.2, 18438.3, 18438.4, 18438.5, 18438.6, 18438.8 and 18705 ● Repeal 2 Cal. Code Regs.

Section 18438.7 ● Adopt 2 Cal. Code Regs. Sections 18438 and 18438.7 SCOPE Adopt 2 Cal. Code Regs.

Section 18438 Commission staff proposes to adopt regulation spec- ifying that provisions of

Section 84308, as amended by SB 1439, do not apply to contributions received or proceedings participated in prior to January 1, 2023, when SB 1439 took effect. Amend 2 Cal. Code Regs.

Section 18438.1 Commission staff proposes to re–organize the reg - ulation, amend the definition of “officer,” amend the exception pertaining to members of the Governor’s cabinet, and add a provision defining “constitutional officer.” Amend 2 Cal. Code Regs.

Section 18438.2 Commission staff proposes to amend the definition of “proceeding involving a license, permit, or oth - er entitlement for use” and amend the definition of “pending” or “pending before.” Amend 2 Cal. Code Regs.

Section 18438.3 Commission staff proposes to re–organize the reg - ulation, amend the definition of “agent,” and remove a provision pertaining to the aggregation of contribu- tions made by an agent. Amend 2 Cal. Code Regs.

Section 18438.4 Commission staff proposes to amend the definition of “lobbies in person” and amend the definition of “otherwise acts to influence.” Amend 2 Cal. Code Regs.

Section 18438.5 Commission staff proposes to amend provisions pertaining to the aggregation of contributions made by parties, participants, agents, and related entities. Amend 2 Cal. Code Regs.

Section 18438.6 Commission staff proposes to amend to re–organize the regulation, clarify when a person “makes” a contri- bution for purposes of

Section 84308, add a provision clarifying the types of committees through which an officer may receive a contribution, and amend provi - sions specifying when an officer “solicits” or “directs” a contribution.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 502 Repeal 2 Cal. Code Regs.

Section 18438.7 Commission staff proposes to repeal and adopt Reg- ulation 18438.7, rather than amend it, due to the extent of changes proposed by staff. Adopt 2 Cal. Code Regs.

Section 18438.7 Commission staff proposes adopting provisions on the determination of an officer’s knowledge of a participant’s financial interest, an officer’s willful or knowing receipt of a contribution, an officer’s return of a contribution, and an officer’s ability to take

part in a proceeding prior to the return of a contribution. Amend 2 Cal. Code Regs.

Section 18438.8 Commission staff proposes to amend disclosure re - quirements for officers under

Section 84308, including specifying requirements in the circumstance where an officer learns of a contribution during, rather than pri- or to, a proceeding. Amend 2 Cal. Code Regs.

Section 18705 Commission staff proposes to amend to apply provi- sions pertaining to “legally required participation” to officers otherwise disqualified under

Section 84308, in addition to officers otherwise disqualified under Sec - tion 87100 (already included within the scope of Reg- ulation 18705). FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. None. Fiscal Impact on State Government. None. Fiscal Impact on Federal Funding of State Programs. None. AUTHORITY

Section 83112 provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE Sections 81002, 81003, 84308, and 87101, Government Code. CONTACT Any inquiries should be made to Kevin Cornwall, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811; telephone (916) 322–5660 or 1–866–ASK–FPPC. Proposed regu- latory language can be accessed at http://www.fppc.ca. gov/the–law/fppc–regulations/proposed–regulations– and–notices.html. TITLE 2.

F AIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission (the Commission), under the authority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, proposes to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Reg - ulations. The Commission will consider the proposed regulation at a public hearing on or after May 18, 2023 at the offices of the Fair Political Practices Commis - sion, 1102 Q Street, Suite 3000, Sacramento, Califor - nia, commencing at approximately 10:00 a.m. Written comments should be received at the Commission offic- es no later than 5:00 p.m. on May 17, 2023.

BACKGROUND/OVERVIEW The Act limits the amount of contributions that candidates running for a state office and committees that make contributions to state candidates may ac - cept from a single source in a single election. 2 Under Assembly Bill 571 (Stats. 2019,

Chapter 556, Mullin), state campaign contribution limits also apply by de - fault to city and county candidates when the city or county has not enacted laws addressing contribution limits on such candidates. Existing Regulation 18531 permits a committee to return a contribution, or a portion thereof, that ex - ceeds an applicable contribution limit to the contrib - utor if done within 14 days of receipt as long as the committee does not:

(1) D eposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit.

(2) M ake use of the contribution prior to returning it. Additionally, existing Regulation 18531 provides a definition for “make use of,” and provides that a non– monetary contribution that is over the applicable limit may also be returned to the contributor to avoid a vi - olation of the contribution limits either in its original form or in a monetary equivalent. Subdivision (

f) of existing Regulation 18531 requires that an over–the– limit contribution that is returned be reported in full on committee campaign reports and statements and the return be reported as an expenditure. New

Section 85319.5, recently enacted by Senate Bill 794 (Stats. 2022,

Chapter 816, Glazer) codifies 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sec - tions 18104 through 18998 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. 2 See Sections 85301, 85302, 85303, and 85316.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 503 and expands upon the above provisions of existing Regulation 18531 by also permitting a committee that receives an over–the–limit contribution — even if it had actual knowledge the contribution exceeded the limit — to avoid violating an applicable contribution limit by attributing the excess amount to a different election if certain criteria are met.

Accordingly, proposed amendments to Regulation 18531 would eliminate language that has now been codified in statute, directly address non–monetary over–the–limit contributions, and directly address provisions in the new law that provide for the Com - mission to promulgate regulations in the context of the new attribution allowance. REGULATORY ACTION Amend 2 Cal. Code Regs.,

Section 18531. Return of Excessive Contributions The Commission may consider repealing the text of existing subdivision (

a) of Regulation 18531 because it is duplicative of language now in statute, having been codified by the Legislature in subdivision (

a) of

Section 85319.5. The Commission may consider the adoption of a new subdivision (

a) of Regulation 18531, addressing language provided in new

Section 85319.5(

d) that pro- vides that (1) a committee may, in accordance with any regulations adopted by the Commission request that a contributor attribute in writing a contribution to a different election and (2) a committee may, in accor- dance with any regulations adopted by the Commis - sion, automatically attribute the portion of a contribu - tion that is in excess of the applicable limit between the primary and general elections without permission from the contributor. New subdivision (

a) of Regula - tion 18531 addresses these requirements for monetary contributions attributed per

Section 85319.5(

a) and (b). The Commission may consider repealing existing subdivision (

b) of Regulation 18531, concerning the definition of “make use of,” since this definition has now been codified as part of

Section 85319.5(f). The Commission may consider the adoption of a new subdivision (

b) of Regulation 18531, address - ing the return or attribution of over–the–limit non– monetary contributions under

Section 85319.5. The Commission may consider repealing existing subdivision (

c) of Regulation 18531 and moving its provisions into a new subdivision (

b) that addresses

Section 85319.5(a)’s rules for return and attribution of over–the–limit non–monetary contributions. Existing subdivision (

d) of Regulation 18531 would then need to be renumbered as (c), while existing subdivision (

e) would be renumbered (d), and (

f) would be renum- bered (e). The Commission may consider adding language to new subdivision (c) (existing subdivision (d)) of Reg- ulation 18531, clarifying that the regulation shall not be construed to authorize the making or solicitation of any contribution in excess of the contribution limits of

Section 85316, in addition to Sections 85301, 85302, and 85303. The Commission may consider adding language to new subdivision (d) (existing subdivision (e)) of Regu- lation 18531, clarifying the time frame for depositing a contribution that is earmarked for purposes other than making contributions directly to candidates for elective office into a separate account in order to avoid being deemed in excess of limits. The Commission may consider adding language to existing subdivision (

f) of Regulation 18531 (which would become subdivision (e)), concerning reporting and to further specify how attributed contributions should be reported on campaign reports. The Commission may consider adding a new sub - division (

f) to Regulation 18531 that provides clari - fication of

Section 85319.5(c)’s requirements that by or before the applicable deadline for returning or at - tributing the contribution, or excess portion thereof, a committee that receives a contribution that exceeds a contribution limit must notify the contributor that their contribution was in excess of the applicable limit and the requirement that if a contribution was attributed between a primary and general election, the commit - tee must also inform the contributor that the contri - bution was attributed and that the contributor may request a refund.

SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issues identified above or any related issues. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. This regula - tion will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regula - tion will have no fiscal impact on any local entity or program. Fiscal Impact on Federal Funding of State Pro - grams. This regulation will have no fiscal impact on any local entity or program. AUTHORITY

Section 83112 provides that the Fair Political Practices Commission may adopt, amend, and rescind

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 504 rules and regulations to carry out the purposes and provisions of the Act. REFERENCE The purpose of this regulation is to implement, in - terpret, and make specific Government Code Sections 84302, 85301, 85302, 85303, and 85319.5. CONTACT Any inquiries should be made to Toren Lewis, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811; telephone (916) 322–5660 or 1–866–ASK–FPPC, or by email at tlewis@fppca.ca.gov.

Proposed regulatory language can be accessed at http://www.fppc.ca.gov/the–law/ fppc–regulations/proposed–regulations–and–notices. html. TITLE 4. HORSE RACING BOARD RULE 1846.5. POSTMORTEM EXAMINATION. RULE 1846.6. POSTMORTEM EXAMINATION REVIEW. The California Horse Racing Board (Board) pro - poses to amend the regulation described below after considering all comments, objections, and recommen- dations regarding the proposed action. PROPOSED REGULATORY ACTION The Board proposes to amend Board Rules 1846.5, Postmortem Examination, and 1846.6, Postmortem Examination Review, to expand the scope of both rules.

Currently, Board Rule 1846.5, Postmortem Ex - amination requires that every horse that dies within an area under the jurisdiction of the Board undergo a postmortem examination in a diagnostic laboratory which is under contract with the Board to determine the injury or sickness which resulted in euthanasia or natural death. In addition, Board Rule 1846.6, Post - mortem Examination Review, currently requires the Board to conduct a postmortem examination review to determine the circumstances of each equine fatality within a Board inclosure.

The proposed amendment would expand the scope of the rule to require a post - mortem examination and a postmortem examination review on every horse that dies or is euthanized in California within 72 hours of leaving a facility under the jurisdiction of the Board. Furthermore, the amend- ment would also add affirmative duties for the owner and trainer by requiring them to provide notice to the laboratory within one hour of a horse’s death that is under their care.

The postmortem examination and the postmortem examination review of race horses that die in California shortly after leaving a Board regulat- ed facility are critical to understanding racetrack relat- ed fatalities and improving the Board’s overall mission of reducing equine fatalities. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested persons, or their authorized repre - sentative, may submit written comments about the proposed regulatory action to the Board. The written comment period closes on May 30, 2023. The Board must receive all comments by that time. Submit com - ments to: Yannet G De Garcia, Associate Management Auditor California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263–6023 Email: ygdegarcia@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited:

Section 19440, Business and Pro - fessions Code (BPC). Reference:

Section 19435, 19444, and 19444(c), BPC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 19435 provides that the Board, its ex - ecutive director, or the stewards, may issue subpoenas for the attendance of witnesses or the production of any records, books, memoranda, documents, or other papers or things, as is necessary to enable any of them to effectually discharge their duties, and may admin - ister oaths or affirmations as necessary in connection therewith. BPC

section 19440 provides that the Board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of this chapter. Responsibilities of the Board shall include adopting rules and regulations for the protection of the public and the control of horse racing and pari–mutuel

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 505 wagering. BPC

section 19444 and 19444(

c) states that the Board may, in performing its responsibilities under this chapter, conduct research to determine more fully the cause and prevention of horse racing accidents. Currently, Board Rule 1846.5, Postmortem Exam - ination, requires every horse which suffers a fatal in - jury on the racetrack, or which dies or is euthanized within an area under the jurisdiction of the Board, shall undergo a postmortem examination.

The pro - posed amendment of Board Rule 1846.5 will expand the scope of authority of the rule to require a postmor- tem examination of every horse that dies or is eutha - nized in California within 72 hours of leaving a facil - ity under the jurisdiction of the Board. Additionally, subsection (

d) of Board Rule 1846.5, requires that requests for each postmortem shall be filled with the official veterinarian by the owner’s or trainer’s veterinarian within one hour of death and shall submit a Necropsy Submission Form, CHRB–72 (form CHRB–72). Under the proposed amendments to Board Rule 1846.5, both owners and trainers would be joint–absolute insurers of the horse and responsible for the timely submission of form CHRB–72 to the extent that the trainer exercised care and control at the time of death and will create affirmative duties for the owner and trainer.

In addition, Board Rule 1846.5 subsection (e), cur - rently requires the owner’s or trainer’s veterinarian must phone the diagnostic laboratory within one hour of death and fax form CHRB–72 to the laboratory as notification that the horse is due for necropsy if the official veterinarian is unavailable. The proposed amendment to Board Rule 1846.5 subsection (

e) re - quires the owner or trainer to contact the diagnostic laboratory within one hour of death and fax or email form CHRB–72 to the laboratory as notification that the horse is due for necropsy. On the official veterinar- ian’s next scheduled workday of the racing association or training facility where the horse last resided, the owner or trainer shall give the original form CHRB– 72 to the official veterinarian. Board Rule 1846.6, Postmortem Examination Re - view, requires the Board to conduct a postmortem examination review to determine the circumstances of each equine fatality within a Board inclosure.

The proposed amendments to Board Rule 1846.6, will ex - pand the scope of authority of the rule to require a postmortem examination review on each equine fatal- ity in California within 72 hours of leaving a Board inclosure.

ANTICIPATED BENEFIT OF THE PROPOSED REGULATION The proposed amendments to Board Rules 1846.5 and 1846.6 will continue to support the safety and wel- fare of horses that race in California by expanding the scope of authority of each rule to “horses that die or are euthanized in California within 72 hours of leav - ing a facility under the jurisdiction of the Board.” The amendments to postmortem examination and post - mortem examination review will increase the critical information of in–depth research of racehorses that die or are euthanized in California.

The invaluable information to be gained will help obtain a better un - derstanding of equine racetrack related fatalities. In addition, the proposed amendments will increase pos- itive public perception of the sport in California. The Board values and promotes horse racing in California by fostering safe racing and the Board takes animal welfare very seriously and values the health and wel - fare of all participants.

CONSISTENCY EVALUATION Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of developing the amendments, the Board conducted a search for any similar regulation on this topic and has concluded that Board Rules 1846.5 and 1846.6 are the only regulations that address postmortem examination and postmortem examination review in horse racing. Therefore, the proposed regulation is neither inconsis- tent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none.

Cost or savings to any state agency: none. Cost to any local agency or school district that must be reimbursed in accordance with Government Code (GC) sections 17500 through 17630: none. Other non–discretionary cost or savings imposed upon local agencies: none. Cost or savings in federal funding to the state: none. The Board has made an initial determination that the proposed amendment to Board Rules 1846.5 and 1846.6 will not have a significant, statewide adverse economic impact directly affecting business, includ - ing the ability of California businesses to compete with businesses in other states.

The proposed amend - ment will support and expand the safety and welfare of horses that race in California. By expanding the scope of authority of the rules to require a postmortem ex - amination and a postmortem examination review for every horse that dies or euthanized in California with- in 72 hours of leaving a facility under the jurisdiction of the Board, the Board will better promote the ability to obtain further information of equine racetrack re -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 506 lated fatalities and improve the health and safety for California racehorses. The following studies/relevant data were relied upon in making the above determination: none. Cost impact on representative private persons or businesses: none. The Board is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action. Significant effect on housing costs: none.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS The adoption of the proposed amendment to Board Rules 1846.5 and 1846.6 will not (1) create or elimi - nate jobs within the state; (2) create new businesses or eliminate existing businesses within the state; (3) result in the expansion of businesses currently doing business with the state; or (4) benefit the health and welfare of California residents, worker safety, or the state’s environment. Effect on small business: none.

The proposal to amend Board Rules 1846.5 and 1846.6 does not affect small business because small businesses are not legal- ly required to comply with or enforce the regulation and neither derive a benefit nor incur a detriment from the enforcement of the regulation. CONSIDERATION OF ALTERNATIVES In accordance with GC

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

The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other infor- mation upon which the rulemaking is based should be directed to: Yannet G De Garcia, Associate Management Auditor California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263–6023 Email: ygdegarcia@chrb.ca.gov If the person named above is not available, interest- ed parties may contact: Amanda Drummond, Manager Regulations, Industry Applications, and Administrative Hearings Telephone: (916) 869–3255 Email: amdrummond@chrb.ca.gov A VAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its offices at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, and the initial state - ment of reasons. Copies of these documents, or any of the information upon which the proposed rulemaking is based, may be obtained by contacting Yannet G De Garcia or the alternative contact person at the address, phone number, or email address listed above.

AVAILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice. If modifications are made that are suffi - ciently related to the originally proposed text, the modified text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulation. Requests for copies of any modified regulation should be sent to the attention of Rick Pimentel at the address stated above.

The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available. A VAILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of rea - sons, which will be made available after the Board has adopted the proposed regulation in its current or modified form, should be sent to the attention of Rick Pimentel at the address stated above.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 507 BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its website. The rulemaking file consists of this no - tice, the proposed text of the regulation, and the initial statement of reasons. The Board’s website address is www.chrb.ca.gov. TITLE 4.

POLLUTION CONTROL FINANCING AUTHORITY The California Pollution Control Financing Author- ity (“CPCFA” or the “Authority”) proposes to amend Sections 8070, 8072, 8073 of Title 4 of the Califor - nia Code of Regulations (the “Proposed Regulations”) concerning the administration of the California Pollu - tion Control Financing Authority’s California Capital Access Loan Program (“CalCAP”) for Small Business Program (“CalCAP/SB”).

These Proposed Regulations are necessary to ensure program clarity and continu - ity, and to refine and clarify program features of the California Pollution Control Financing Authority Act (the “Act”). The Proposed Regulations have been ap - proved by the Office of Administrative Law (“OAL”) on an emergency basis, and this proposed rulemaking would make these changes permanent. AUTHORITY AND REFERENCE Authority: Sections, 44520 (a), 44520 (

b) and 44559.5 (f), Health and Safety Code. Reference: Sections 44559–44559.9, Health and Safety Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law establishes the Capital Access Program (“CalCAP”) and authorizes the Authority to contract with specified financial institutions to make loans to eligible small businesses that may have difficulty ob - taining capital. (Health and Safety Code, § 44559) The proposed amendment to the regulations will revise and update the

definitions and remove the re - capture mechanism to recycle contributions to support future loan enrollments in the CalCAP for Small Busi- ness Program. The Authority has performed a search of existing regulations and has determined that the proposed reg - ulations are not inconsistent or incompatible with ex - isting state regulations. § 8070.

Definitions. This

section defines terms commonly used throughout the regulations to avoid ambiguity or misunderstanding.

Section 8070 (w). Amends the term “Recapture”. This removal of the recapture requirement is for the Small Business Program only. Necessity. The proposed amendments are necessary to include

definitions specific to the implementation of the recapture mechanism for the Capital Access Pro - gram for Small Businesses, and to eliminate and refine existing

definitions for clarity. § 8072. Loan Enrollment. This

section defines terms commonly used throughout the regulations to avoid ambiguity or misunderstanding.

Section 8072 (k). Removes requirement that loan enrollments submitted after August 15, 2017 be auto - matically subject to Recapture. This provision is no longer necessary because Federal funds will be used to support future loan enrollments. Necessity. The proposed amendment is necessary to refine an existing definition specific to the Capital Access Program for Small Business. § 8073. Loss Reserve Accounts.

Section 8073 (d). Removes the Executive Director’s authorization to withdraw contributions subject to re - capture from Loss Reserve Accounts.

Section 8073 (g). Removes the full description of the recapture process and voluntary election process of the lenders to participated in this process. Necessity. The proposed amendments are necessary to amend the recapture mechanism established in the Capital Access Program for Small Business. DISCLOSURES REGARDING THE PROPOSED ACTION The Authority has made the following determina - tions regarding the effect of the Proposed Regulations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None.

Cost to any local agency or school district that must be reimbursed in accordance with Govern - ment Code sections 17500–17630: None. Other non–discretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Significant effect on housing costs: None. Cost impact on a representative private person or business: The Authority is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action.

Small Business: The proposed regulations will not have an effect on small business because the pro - gram is voluntary for any small business that seeks to

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 508 apply for financial assistance in any of the CalCAP Programs. Significant, statewide, adverse economic impact directly affecting businesses including the ability of California businesses to compete with business - es in other states: The Authority has made an initial determination that the proposed regulations will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Assessment regarding effect on jobs/business- es: The proposed regulations will not have a signif - icant effect on the creation or elimination of jobs in California, significantly affect the creation of new businesses or elimination of existing businesses with - in California, or significantly affect the expansion of businesses currently doing business in California.

Benefits of the regulation to the health and wel- fare of California residents, worker safety, and the state’s environment: The broad objective of the regulations is to provide sustainable access to capi - tal for small businesses that have difficulty obtaining financing. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13) the Authority must determine that no reasonable alternative to the proposed regulations considered by the Authority or that has otherwise been identified and brought to the attention of the Authority would be more effective in carrying out the purpose for which the proposed regulations are proposed or would be as effective and less burdensome to affect - ed private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Authority invites interested parties to present statements with respect to alternatives to the Proposed Regulations during the written comment period. AGENCY CONTACT PERSON Written comments, inquiries, and any questions regarding the substance of the Proposed Regulations must be submitted or directed to: Doreen Smith, Program Manager California Pollution Control Financing Authority P.O. Box 942809 Sacramento, CA 94209–0001 Telephone: (916) 653–3993 Fax: (916) 589–2805 Email: Doreen.Smith@treasurer.ca.gov Kamika McGill, Associate Treasury Program Officer California Pollution Control Financing Authority P.O.

Box 942809 Sacramento, CA 94209–0001 Telephone: (916) 653–9249 Fax: (916) 589–2805 Email: Kamika.McGill@treasurer.ca.gov WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the Proposed Regulations to the Authority. The writ - ten comment period on the Proposed Regulations ends at 5:00 p.m. (PT) on May 30, 2023 . All comments must be submitted in writing to the Agency Contact Person identified in this Notice by that time and day in order to be considered by the Authority.

AVAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Authority has established a rulemaking file for this regulatory action, which contains those items re - quired by law. The file is available for inspection at the Authority’s office at 801 Capitol Mall, Second Floor, Sacramento, California 95814, during normal business working hours. As of the date this Notice is published in the California Regulatory Notice Reg - ister, the rulemaking file consists of this Notice, the Initial Statement of Reasons and the proposed text of the Proposed Regulations.

Copies of these items and all the information upon which the proposed rulemak- ing is based are available upon request from the Agen- cy Contact Person designated in this Notice or at the Authority’s website located at http://www.treasurer. ca.gov/cpcfa/index.asp. PUBLIC HEARING CPCFA 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 509 AVAILABILITY OF CHANGED OR MODIFIED TEXT After the written comment period ends and follow - ing a public hearing, if any is requested pursuant to

Section 11346.8 of the Government Code, the Author- ity may adopt the Proposed Regulations substantially as described in this Notice, without further notice. If the Authority makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with changes clearly indicated) avail - able to the public for at least fifteen (15) calendar days before the Authority adopts the proposed regulations, as modified. Inquiries about and requests for copies of any changed or modified regulations should be ad - dressed to the Agency Contact Person identified in this Notice.

The Authority will accept written comments on the modified regulations for fifteen (15) calendar days after the date on which they are made available. AVAILABILITY OF FINAL STATEMENT OF REASONS Upon completion, a copy of the Final Statement of Reasons may be requested from the Agency Contact Person designated in this Notice or found on the Au - thority’s website at http://www.treasurer.ca.gov/cpcfa/ index.asp. TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATIONS 1005 AND 1007; TRAINING AND TESTING SPECIFICATIONS FOR PEACE OFFICER BASIC COURSES Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cal- ifornia Code of Regulations as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC)

section 11346.8, any interested person, or his/her duly authorized rep - resentative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period.

PUBLIC COMMENTS DUE BY MAY 30, 2023 Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 227–2801, by email to Raymund Nana - diego at raymund.nanadiego@post.ca.gov, or by letter to: Commission on POST Attention: Raymund Nanadiego 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

section 13503 (authority of POST), PC

section 13506 (POST authority to adopt regulations). This proposal is intended to interpret, implement, and make specific PC

section 13503(e), which authorizes POST to develop and implement programs to increase the effectiveness of law enforce- ment, including programs involving training and edu - cation courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW PC

section 13510 requires POST to develop guide - lines, a course of instruction, and training for law en - forcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers. This proposed action will update the incor - porated by reference document, Training and Testing Specifications for Peace Officer Basic Courses (re - vised 10/01/2023). This rulemaking action clarifies and makes specific the addition of LD 14 (Officer Wellness) as a require- ment in the basic course curriculum.

The benefit of the proposed action will provide a wellness foundation for entry–level officers when starting their career. It provides resources and information to assist them in recognizing ways to navigate their career while main- taining their overall wellness. Currently, Commission Regulations 1005 and 1007 incorporates the document, Training and Testing Specifications for Peace Officer Basic Courses , by reference effective on April 1, 2022.

The regulations proposed in this rulemaking action will incorporate the document, Training and Testing Specifications for Peace Officer Basic Courses, by ref- erence effective on October 1, 2023. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will introduce expanded of - ficer wellness concepts for individuals in preparation for a career in law enforcement and prior to the start of the field training program, which will increase the effi- ciency of the state of California in delivering services to stakeholders.

Thus, the law enforcement standards

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 510 are maintained and effective in preserving peace, pro- tection of public health, safety, and welfare of Califor- nia. The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex - isting regulations.

After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state. FORMS INCORPORATED BY REFERENCE ● Training and Testing Specifications for Peace Officer Basic Courses revised 10/01/2023 DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None.

Costs to any local agency or school district which must be reimbursed in accordance with GC sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None. Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Significant, statewide adverse economic impact di - rectly affecting California businesses: POST has de - termined that the proposed regulations will not have a significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None. Small Business Determination: POST has deter - mined that the proposed regulations will not affect small business because the regulations only affect state agencies that are adopting, amending or repeal - ing regulations.

Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering services to stakeholders by providing clarity to the requirements for background inquiries when eval - uating a candidate for peace officer selection. Thus, law enforcement standards are maintained and effec - tive in preserving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with GC

section 11346.5, subdivision (a)(13), POST must determine that no reasonable alter- native it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro - posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory ac - tion may be directed to Law Enforcement Consultant Raymund Nanadiego , Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630, at (916) 227–4852. General questions regarding the regulatory process may be directed to Katie Strickland at (916) 227–2802.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (t he “ex pr e s s t e r m s”) of t he r eg u lat ion s , t he i n it ia l st at e- ment of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630. These documents are also located on the POST Web- site at https://post.ca.gov/Regulatory–Actions.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 511 ADOPTION OF PROPOSED REGULATIONS/ AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod - ify the proposal if such modifications remain suffi - ciently related to the text as described in the Informa - tive Digest.

If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

s) named above. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 16. BOARD OF PHARMACY TEMPORARY LICENSES FOR MILITARY SPOUSES/DOMESTIC PARTNERS NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (board) proposes taking the rulemaking action described below under the heading Informative Digest/Policy Statement Overview. Any person interested may present statements or argu - ments relevant to the action proposed in writing. Writ- ten comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the board at its of - fice by May 30, 2023.

The board has not scheduled a public hearing on this proposed action. The board will, however, hold a hear- ing if it receives a written request for a public hearing from any interested person, or that person’s authorized representative, no later than 15 days prior to the close of the written comment period. The board may, after holding a hearing if request - ed and considering all timely and relevant comments, adopt the proposed regulations substantially as de - scribed in this notice, or may modify the proposed regulations if such modifications are sufficiently relat- ed to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adop- tion from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. Authority and Reference : Authority: Sections 115.6 and 4005, Business and Professions Code. Reference:

Section 30, 31, 115.6, 141, 480, 490, 4200, 4300, 4301, 4301.5, 4305, 4306.5, and 4311, Business and Profes- sions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The board is a state agency vested with the authority to regulate the pharmacy industry, including pharma - cies, pharmacists, interns, and pharmacy technicians. The board’s mandate and its mission is to protect the public (BPC § 4001.1). Currently under BPC,

section 115.6, some boards under the jurisdiction of Department of Consumer Af- fairs may issue temporary licenses to an applicant, if the applicant meets specified requirements, including, among other things, that 1) the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders; 2) the applicant holds a current, active, and unrestricted license that confers upon the applicant the authority to practice, in another state, district, or territory of the United States, the profession or vocation for which the applicant seeks a temporary license; and the applicant submits a signed affidavit attesting to meeting the re - quirements of the temporary license.

Assembly Bill 107 (Chapter 693, Statutes 2021), ef- fective July 1, 2023, expanded upon the existing re - quirements and will require the board to issue tempo - rary licenses to qualified military spouses and partners under specified conditions, including completion of an appropriate background check, which may include a criminal background check, submission of supporting documentation, as specified, and passing the Califor - nia law and ethics exam if otherwise required for an applicant seeking licensure.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 512 This proposal will add

section 1706.6 to

Article 1 of Division 17 of Title 16 of the California Code of Regulations to define the provisions that must be met in order to obtain a temporary license, as the statute itself was not self–executing. ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS The proposed regulation will provide clarity to the regulated public on the requirements to qualify and apply for a temporary license. This will expedite li - censure processes, eliminate barriers to employment, and increase the number of licensed healthcare indi - viduals in the field of pharmacy in California.

This is consistent with the mission of the board, which is consumer protection. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS While developing these regulations, the board con - ducted a search of similar regulations on this topic and concluded that regulations need to be added to estab - lish the perimeters to issue temporary professional licenses to spouses/domestic partners of active–duty military assigned to a California base.

FISCAL IMPACT AND RELATED ESTIMATES Fiscal Impact on Public Agencies Including Costs/ Savings to State Agencies or Costs/Savings in Federal Funding to the State: The proposed regulations do not result in a fiscal impact to the state. The board does not anticipate an increase in the number of military spouse applications submitted to the board per year resulting from the regulations, and no additional workload or costs are projected.

However, the board does project an increase in the issuance of a temporary licenses to military spouse and domestic partners to implement the provisions of Assembly Bill 107 and received additional resources during the 2022–23 budget cycle for these purposes. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Require Reimbursement: None.

Business Impact: The board has made the initial determination that the proposed regulations will not have a significant statewide adverse economic impact directly affecting businesses including the inability of California busi - nesses to compete with businesses in other States. This initial determination is based on the following facts: This initial determination is based on the absence of testimony to that effect during the public discussion and development of the proposed amendments to the regulation.

Additionally, the regulations are establish- ing the parameters to issue temporary licenses to spe - cific individuals and not businesses. Cost Impact on Representative Private Person or Business: The board is not aware of any negative cost impacts that a representative private person or business would necessarily incur in reasonable compliance with pro - posed action. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS While the board does not have, nor does it main - tain, data to determine if any of its licensees (phar - macies and clinics) are a “small business,” as defined in Government Code

section 11342.610, the board has made an initial determination that the proposed regulatory action will not affect small businesses as the regulations are establishing the parameters to is - sue temporary licenses to specific individuals and not businesses.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/New Businesses: The Board concludes that: (1) this proposal will not create jobs within California; (2) this proposal will not eliminate jobs within California; (3) this proposal will not create new businesses with- in California; (4) this proposal will not eliminate existing business- es within California; and, (5) this proposal will not expand businesses current - ly doing business in the State of California.

The board has determined that this regulatory pro - posal benefits the health and welfare of California residents by increasing the availability of the licensed healthcare individuals that can provide patient–cen - tered care. The proposed regulation will not impact workers safety or the environment.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 513 CONSIDERATION OF ALTERNATIVES The board must determine that no reasonable alter - native that it considered to the regulation, or that has otherwise been identified and brought to its attention, would either be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law.

Any interested person may present statements or arguments in writing relevant to the above determi - nations at the address listed for the Contact Person during the written comment period. AVAILABILITY OF TEXT OF PROPOSAL AND INITIAL STATEMENT OF REASONS The board has prepared an Initial Statement of Rea- sons for the proposed action and has available all the information upon which the proposal is based.

Cop - ies of the exact language of the proposed regulations, the Initial Statement of Reasons, and all of the in - formation upon which the proposal is based, may be obtained upon request from the Board of Pharmacy at 2720 Gateway Oaks Drive, Ste. 100, Sacramento, California 95833, or from the Board of Pharmacy’s website at http://www.pharmacy.ca.gov. AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below.

You may obtain a copy of the final statement of rea- sons once it has been prepared, by making a written request to the contact person named below or by ac - cessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Lori Martinez Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3078 Fax Number: (916) 574–8618 Email Address PharmacyRulemaking@dca.ca.gov Name: Anne Sodergren Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3100 Fax Number: (916) 574–8618 Email Address: PharmacyRulemaking@dca.ca.gov WEBSITE ACCESS Materials regarding this proposal can be found at the Board of Pharmacy’s website: https://www. pharmacy.ca.gov/laws_regs/pending_regs.shtml.

TITLE 16. BOARD OF OPTOMETRY CONTINUING EDUCATION: PURPOSE AND REQUIREMENTS NOTICE IS HEREBY GIVEN that the California State Board of Optometry (Board) is proposing to take the action described in the Informative Digest below, after considering all comments, objections, and rec - ommendations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or the interested person’s authorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request, in writing, addressed to the individuals listed under “Contact Person” in this Notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or e–mail to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no later than 5:00 p.m. on Wednesday, May 31, 2023, or

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 514 must be received by the Board at the hearing, should one be scheduled. AUTHORITY AND REFERENCE Pursuant to the authority vested by Business and Professions Code (BPC)

section 3059, and to imple - ment, interpret, or make specific BPC

section 3059, the Board is considering amending

section 1536 of Title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California State Board of Optometry (Board) currently regulates approximately 9,200 optometrists and 4,200 dispensing opticians. BPC

section 3010.1 provides protection of the public is the highest priori - ty for the Board in exercising its licensing, regulatory and disciplinary functions. BPC

section 3025 autho - rizes the Board to make rules and regulations gov - erning the procedure of the Board, the admission of applicants for examination for an optometry license, and the practice of optometry. BPC

section 3059 au - thorizes the Board to adopt regulations that require, as a condition to the renewal thereof, all holders of licenses submit proof satisfactory to the Board they have informed themselves of the developments in the practice of optometry since the original issuance of their licenses by pursuing one or more courses of study satisfactory to the Board or by other equivalent means.

Section 3059 requires optometrists certified to use therapeutic pharmaceutical agents to complete 50 hours of continuing education (CE) every two years to renew their certificate. (Bus. & Prof. Code, § 3059, subdivision (e).) Thirty–five of the required fifty hours of CE must be on the diagnosis, treatment and man - agement of ocular disease. (Ibid.) Existing law at

section 1536 of Title 16 of the CCR establishes CE requirements for optometrists. The purpose of this proposal is to revise and update

section 1536, which sets forth CE purposes and requirements for optometry licensees, as required by BPC

section 3059. The Board has not updated this

section since 2016, and many CE providers have since changed their approach to offering CE, including using the internet to offer courses. This mode of CE has been shown to save money for CE providers and licensees and increases licensees’ access to CE. Additionally, with the COVID–19 pandemic, almost all courses that were previously taught in person have moved entirely online.

This proposal seeks to clarify existing renewal requirements for licensees, improve processes for CE providers, further define the parameters of internet/ self–study courses, set forth a process for registration of online courses with the Board, and revise a form incorporated by reference used by CE providers to register their classes for approval by the Board. ANTICIPATED BENEFITS OF PROPOSAL The proposed amendments provide licensees with additional flexibility in completing their required CE by increasing the minimum permissible online CE and other categories in subdivision (c).

The amend - ment will also benefit CE providers who will have increased flexibility in how they offer CE. This may encourage a broader array of CE offerings, which will enable optometrists to benefit in their education from more diverse course offerings. EVALUATION OF CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS: During the process of developing these regulations and amendments, the Board has conducted a search of any similar regulations on this topic and has conclud - ed that these regulations are neither inconsistent nor incompatible with existing state regulations.

INCORPORATION BY REFERENCE Continuing Education Course Approval Applica - tion, Form CE–01, Rev. 8/22 DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The regulations do not result in a fiscal impact to the state. The Board notes, minor revisions were incorporated into the existing CE Course Approval Application and completed within normal business operations at no ad- ditional costs to the Board.

The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Require Reimbursement: None. Business Impact: The Board has determined the proposed amend - ments to

section 1536 will not have a significant state- wide adverse economic impact on businesses, includ -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 515 ing the ability of California businesses to compete with businesses in other states. This initial determina - tion is based upon the current industry practice of CE, which has trended towards completion of courses via the internet, which has shown to save money for both the CE provider and licensee and helps to increase ac- cess to a range of CE courses. Additionally, public comments have been entirely supportive with no assertion of increased costs, only increased access for licensees. The current

section has not been updated or revised since 2015, and al - most all CE providers have changed their approach toward offering CE since then. Additionally, with the COVID–19 pandemic, almost all courses which were previously taught in person have moved entirely online. Also, this proposal seeks to strengthen existing re - newal requirements for licensees, improve processes for CE providers, further define what internet/self– study courses are, set forth which courses cannot be taken online and must be completed in person.

All these proposed changes are administrative and are al - ready performed by businesses as part of their normal work. Thus, this proposal would not result in an ad - verse impact on a business. Cost Impact on Representative Private Person or Business: The Board is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. The regulations increase the number of hourly CE credits available from 8 hours to 12 hours for partici - pating as a subject matter expert, as specified.

While this provision may result in a decrease in CE tuition costs for licensees, participation is optional and there- fore no costs savings are being reported. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Board has determined that the proposed amend- ments to

section 1536 will not have a significant state- wide adverse economic impact on small businesses. This initial determination is based upon the current industry practice of continuing education, which has trended towards completion of courses via the inter - net, which has shown to save money for both the CE provider and licensee and helps to increase access to a range of CE courses. Additionally, public comments on this move have been entirely supportive with no discussion of in - creased costs, only increased access for licensees. The current

section has not been updated or revised since 2015, and almost all CE providers have changed their approach toward offering CE since then. Additional - ly, with the COVID–19 pandemic, almost all courses which were previously taught in person have moved entirely online. Also, this proposal seeks to strengthen existing re - newal requirements for licensees, improve processes for CE providers, further define what internet/self– study courses are, set forth which courses cannot be taken online and must be completed in person.

All these proposed changes are administrative and are al - ready performed by businesses as part of their normal work. Thus, this proposal would not result in an ad - verse impact on a business. BUSINESS REPORTING REQUIREMENTS The regulatory action does not require businesses to file a report with the Board. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that this regulatory pro - posal will not have any impact on the creation of jobs or new businesses, the elimination of jobs or existing businesses, or the expansion of businesses in the State of California.

It will benefit the health and welfare of California residents because the regulatory proposal strengthens existing renewal requirements for licensees which en- courage a broader array of CE offerings that licens - ees can take, which in turn enhances the health and welfare of California residents who receive such treat- ment from the licensees in that such patients may ben- efit from the more diverse course offerings taken by licensees.

It will not have an impact on worker safety because these proposed amendments simply seek to strengthen existing renewal requirements for licensees, improve processes for CE providers, further define what in - ternet/self–study courses are, set forth which cours - es cannot be taken online and must be completed in person. All these proposed changes are administrative and are already performed by businesses as part of their normal work.

It will not have an impact on the state’s environ - ment because these proposed amendments simply seek to strengthen existing renewal requirements for licensees, improve processes for CE providers, fur - ther define what internet/self–study courses are, set forth which courses cannot be taken online and must be completed in person. All these proposed changes are administrative and are already performed by busi - nesses as part of their normal work

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 516 CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

Any interested person may present statements or arguments orally or in writing relevant to the above determinations at a hearing if one is scheduled. A VAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion on which this proposal is based. This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice.

TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from: California State Board of Optometry 2450 Del Paso Road, Suite 105 Sacramento, CA 95834 916 –575–7170 optometry@dca.ca.gov www.optometry.ca.gov AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the propos - als substantially as described in this Notice, or may modify such proposals if such modifications are suffi- ciently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clear - ly indicated, will be available for review and written comment for 15 days prior to its adoption from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit writ - ten, or provide oral testimony if a hearing is requested, related to this proposal or who have requested notifica- tion of any changes to the proposal.

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

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Jonathan Gasca, Policy Analyst California State Board of Optometry 2450 Del Paso Road, Suite 105 Sacramento, CA 95834 916 –575–7170 optometry@dca.ca.gov The backup contact person is: Randy Love, Administration and Licensing Manager California State Board of Optometry 2450 Del Paso Road, Suite 105 Sacramento, CA 95834 916 –575–7170 optometry@dca.ca.gov A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regu - lation with modifications noted, as well as the Final Statement of Reasons when completed, and modi - fied text, if any, can be accessed through the Board’s website at https://www.optometry.ca.gov/lawsregs/ propregs.shtml

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 517 TITLE 22. DEPARTMENT OF SOCIAL SERVICES GROUP HOMES FOR CHILDREN WITH SPECIAL HEALTH CARE NEEDS The California Department of Social Services (CDSS) hereby gives notice of the proposed regulatory action(

s) described below. Any person interested may present statements or arguments relating to the pro - posed regulations in writing, e–mail, or by facsimile to the address, e–mail address, or numbers listed be - low. All comments must be received by May 31, 2023. Following the close of the public notice, CDSS may thereafter adopt the proposals substantially as described below or may modify the proposals if the modifications are sufficiently related to the original text.

Except for nonsubstantive, technical, or gram - matical changes, the full text of any modified proposal will be available for 15 days prior to its adoption to all persons who submit written comments during the public comment period and all persons who request notification on this proposal. Please address requests for regulations as modified to the agency contact iden- tified below. Copies of the express terms of the proposed regula - tions and the Initial Statement of Reasons are available from the office listed below.

This notice, the Initial Statement of Reasons and the text of the proposed reg- ulations are available on CDSS’ regulations in process page ( https://www.cdss.ca.gov/inforesources/letters– regulations/legislation–and–regulations/regulations– home–page/regulations–in–process). Additionally, all the information which CDSS considered as the basis for these proposed regulations (i.e., rulemaking file) is available for public reading at the address listed below.

Following the public notice period, copies of the Final Statement of Reasons will also be available at the fol- lowing address: CONTACT: California Department of Social Services Office of Regulations Development 744 P. Street, MS 8–4–192 Sacramento, CA 95814 Tel: (916) 657–2586, Fax: (916) 654–3286 Email: ord@dss.ca.gov CDSS has not scheduled a public hearing on this proposed action. However, CDSS will hold a public hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the written comment period.

Any request should be made to the contact information provided above. CHAPTERS

Chapter 5, Division 6, Title 22 of the California Code of Regulations. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Assembly Bill (AB) 136 (Chapter 76, Statutes of 2021) established a new community care facility cate- gory: Group Homes for Children with Special Health- care Needs (GHCSHN), a subcategory of Group Homes. GHCSHNs are licensed by CDSS and certified by Department of Developmental Services (DDS).

A GHCSHN will be a group home that provides 24–hour health care and intensive support services in a home - like setting that is licensed to serve up to five children or nonminor dependents with developmental disabil - ities. Unique among children’s residential facilities, GHCSHNs are authorized to allow terminally ill chil - dren to remain or to be placed in the facility, provided certain conditions are met and if the child is already receiving hospice services. A GHCSHN will have a maximum capacity of five children with developmen- tal disabilities, as defined in Welfare and Institutions Code

section 4512(a). These regulations are necessary to serve and protect public welfare. Additionally, as the children served in GHCSHNs and under these regulations will have sig - nificant medical conditions which exceed the health challenges typically encountered in children’s residen- tial facilities overseen by CDSS, these Title 22 regula- tions are needed to provide the appropriate framework for the management of this new category of facility for children. In addition, the proposed regulations will make other technical, conforming changes, such as amending cross references as necessary.

CDSS has attempted to ensure that these regula - tions comply with the non–duplication standard (Title 1, California Code of Regulations); however, the reg - ulatory changes duplicate California statute in places where clarification of the law was required or where access to regulatory requirements in their full context is necessary for clarity. The areas of duplication are noted in the Statement of Reasons.

CDSS considered other possible related regulations in this area, and we find that these are the only reg - ulations necessary to license GHCSHNs and do not conflict with existing state or federal regulations and law. Therefore, CDSS finds that these proposed regu - lations are compatible and consistent with the intent of the Legislature in adopting AB 136, as well as with existing state or federal regulations and law. Benefits The benefits of the regulatory action to the health and welfare of California residents, worker safety, and

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 518 the state’s environment are as follows: These regula - tions improve the health, safety, and quality of life of children with special healthcare needs and develop - mental disabilities by providing them suitable services and placement settings. There are no other known benefits for protection of public health and safety, worker safety, or the environment. Incorporation by Reference: There are no items to be incorporated by reference. COST ESTIMATE (

a) Costs or Savings to State Agencies: None. (

b) Costs to Local Agencies or School Districts Which Must Be Reimbursed in Accordance with Government Code Sections 17500–17630: None. (

c) Nondiscretionary Costs or Savings to Local Agencies: None. (

d) Federal Funding to State Agencies: None. LOCAL MANDATE STATEMENT These regulations do not impose a mandate on lo - cal agencies or school districts. There are no state– mandated local costs in these regulations which re - quire State reimbursement under

Section 17500 et seq. of the Government Code. STATEMENT OF SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS CDSS has made an initial determination that the proposed action will not have a significant, statewide adverse economic impact directly affecting business - es, including the ability of California businesses to compete with businesses in other states.

This determi- nation was made based on the proposed regulatory ac- tion, which was designed to impact only licensees that make the business decision to serve children with spe- cial health care needs and developmental disabilities who need the level of care provided in a GHCSHN. STATEMENT OF POTENTIAL COST IMPACT ON PRIVATE PERSONS OR BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

SMALL BUSINESS IMPACT STATEMENT CDSS has determined that the proposed regulations will not have an adverse impact on small businesses, though they will affect licensees who choose to op - erate GHCSHNs to the extent that they operate as a small business. However, GHCSHNs are primarily residential facilities that provide a community service rather than profit–making enterprises.

STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT The adoption of the proposed amendments will nei- ther create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or create or expand businesses in the State of Califor - nia. The implementation of this regulatory action will benefit the health and safety of children who require intensive health services and will help with the place - ment of children into a less institutionalized setting as they receive those services.

There are no additional benefits for worker safety or the state’s environment, as the regulations only affect licensees who make the business decision to serve children with special health care needs and developmental disabilities who need the level of care provided in a GHCSHN. STATEMENT OF EFFECT ON HOUSING COSTS The proposed regulatory action will have no effect on housing costs.

STATEMENT OF ALTERNATIVES CONSIDERED CDSS must determine that no reasonable alterna - tive considered or that has otherwise been identified and brought to the attention of CDSS would be more effective in carrying out the purpose for which the reg- ulations are proposed or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in imple- menting the statutory policy or other provision of law.

AB 136 (Chapter 76, Statutes of 2021) expands Adult Home Residential Facilities for Persons with Special Health Care Needs to include licensing and regulation of GHCSHNs and authorizes CDSS to regulate the li - censing of these facilities. No reasonable alternatives have been presented for consideration. AUTHORITY AND REFERENCE CITATIONS Sections 1507.35(a), 1524, 1530, 1538.55(a), 1567, 1567.51, of the Health and Safety Code; Sections 300, 4512, 4684, 4684.50, 4684.53(c)(2), 4684.58, 4684.63, 4684.68, 11400(v), 17710(d), 17731, of the Welfare and Institutions Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 519 DEPARTMENT REPRESENTATIVE REGARDING THE RULEMAKING PROCESS OF THE PROPOSED REGULATION Kenneth Jennings: (916) 657–2586 Oliver Chu: (916) 657–2586 TITLE 22. DEPARTMENT OF SOCIAL SERVICES PERSONAL RIGHTS IN FOSTER CARE California Department of Social Services (CDSS) hereby gives notice of the proposed regulatory action described below. Any person interested may pres - ent statements or arguments relating to the proposed regulations in writing, e–mail, or by facsimile to the address, e–mail address, or numbers listed below.

All comments must be received by May 31, 2023. Following the close of the public notice, CDSS may thereafter adopt the proposals substantially as described below or may modify the proposals if the modifications are sufficiently related to the original text. Except for nonsubstantive, technical, or gram - matical changes, the full text of any modified proposal will be available for 15 days prior to its adoption to all persons who submit written comments during the public comment period and all persons who request notification on this proposal.

Please address requests for regulations as modified to the agency contact iden- tified below. Copies of the express terms of the proposed regu - lations and the Initial Statement of Reasons are avail - able from the office listed below. This notice, the Ini - tial Statement of Reasons and the text of the proposed regulations are available on CDSS’ Regulations in Process page ( https://www.cdss.ca.gov/inforesources/ letters–regulations/legislation–and–regulations/ regulations–home–page/regulations–in–process/ ).

Additionally, all the information which CDSS consid- ered as the basis for these proposed regulations (i.e., rulemaking file) is available for public reading at the address listed below. Following the public notice peri- od, copies of the Final Statement of Reasons will also be available at the following address: CONTACT: California Department of Social Services Office of Regulations Development 744 P.

Street, MS 8–4–192 Sacramento, CA 95814 Telephone: (916) 657–2586, Fax: (916) 654–3286 Email: ord@dss.ca.gov Contact Person: Kenneth Jennings (916) 657–2586 Backup: Oliver Chu (916) 657–2586 CDSS has not scheduled a public hearing on this proposed action. However, CDSS will hold a public hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days before the close of the written comment period. Any request should be made to the contact information provided above. CHAPTERS Title 22, Division 6:

Chapter 4, Small Family Homes;

Chapter 5, Group Homes, Subchapter 1 , Community Treatment Fa - cilities, Subchapter 2, Care for Children Under the Age of Six Years, and Subchapter 3, Emergency In - tervention in Group Homes;

Chapter 7, Transitional Housing Placement Program and Subchapter 1, Tran- sitional Housing Placement Program for Minor Foster Children. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This regulation package implements legislation ad - opted in four separate bills: Assembly Bill (AB) 175 (Chapter 416, Statutes of 2019) Senate Bill (SB) 794 (Chapter 425, Statutes of 2015), SB 89 (Chapter 24, Statutes of 2017), and SB 179 (Chapter 853, Statutes of 2017) each of which is discussed more fully below.

During the process of developing these regulations and amendments, the CDSS has conducted a search of any similar regulations on this topic and has con - cluded that these regulations are neither inconsis - tent nor incompatible with existing state regulations. CDSS has endeavored to ensure that these regulatory amendments comply with the non–duplication stan - dard found in Title 1, California Code of Regulations.

In some instances, however, the amended regulations duplicate California statute in part where clarification of the law was necessitated and where access to reg - ulatory requirements in their full context is necessary for clarity.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 520 AB 175 The Community Care Facilities Act requires a licensee to ensure that each child is accorded the per - sonal rights specified in the Welfare and Institutions Code (WIC)

section 16001.9, as applicable. Over the years, CDSS has developed several regulation pack - ages to implement the provisions of legislation that have added rights to WIC

section 16001.9. In 2004, CDSS adopted regulations that implemented the pro - visions of AB 899 (Chapter 686, Statutes of 2001), and subsequently, in 2007, CDSS adopted regulations to implement AB 458 (Chapter 331, Statute of 2003) and SB 1639 (Chapter 668, Statute of 2004). Similarly, this regulations package will implement portions of AB 175 (Chapter 416, Statutes of 2019) to ensure that Title 22 regulations are consistent with statute and contain the most current personal rights to which children and nonminor dependents in foster care are entitled.

AB 175 expanded and revised the personal rights of all children and nonminor dependents in foster care. In order to have all the rights of children and nonmi - nor dependents in a single statute, AB 175 also added existing rights located in other areas of California law into WIC

section 16001.9. This means that WIC sec - tion 16001.9 now contains rights that are enforced by other oversight agencies, such as the juvenile courts or placing agency, and not directly applicable to licensed children’s residential facilities. CDSS must therefore adopt regulations that clearly inform licensed chil - dren’s residential facilities of their responsibilities while ensuring that children and nonminor dependents in these facilities are afforded the applicable personal rights in WIC

section 16001.9. The proposed regulations will revise the personal rights

section for each facility category and add the rights from WIC

section 16001.9 that licensees are re- quired to provide to children or nonminor dependents in their care. The proposed regulations also clarify the required duties and responsibilities of licensed facili - ties and small family homes as they relate to affording a child their personal rights and not interfering with these rights, even when they are enforced by, or are the direct responsibility of, other oversight agencies. SB 794 In 2014, the United States Congress passed the Pre- venting Sex Trafficking and Strengthening Families Act (Pub. L Number 113–183 (Sept. 29, 2014) 128 Stat. 1919.).

This Act required in part that designated state authorities: develop a reasonable and prudent parent standard for the child’s participation in age or develop- mentally appropriate extracurricular, enrichment, cul - tural, and social activities; and apply this standard to any foster family home or child care institution receiv- ing funds under title IV part E. To address California’s compliance with the federal Preventing Sex Traffick - ing and Strengthening Families Act in California, the State Legislature passed SB 794 (McGuire,

Chapter 425, Statutes of 2015). SB 794 added to and amended provisions of the Health and Safety Code and Welfare and Institutions Code in order to establish, apply and regulate a rea - sonable and prudent parent standard (RPPS) as it per - tains to a child’s participation in age or developmen - tally appropriate extracurricular, enrichment, cultural, and social activities. Regulations addressing RPPS in group homes and small family homes have already been promulgated, so changes to implement SB 794 in these proposed regulations are confined to transitional housing placement programs (THPPs).

SB 89 SB 89 (Chapter 24, Statutes of 2017) required CDSS to develop a curriculum for case management workers and foster care providers addressing certain topics re - lated to sexual and reproductive health. By addressing age and developmental issues chil - dren face while in out–of–home care SB 89 was in - tended in part to reduce barriers and restrictions that regulations have historically placed on a child’s ev - eryday activities in a foster care setting.

These new requirements promote a shift in the experience of nor- malcy for children in the foster care system as these children attempt to integrate into their new family, new school, and community. CDSS was required to promulgate regulations that adopt these new statuto - ry requirements, address new requirements developed in consultation with stakeholders, and clarify where the statute’s requirements are ambiguous.

Regulations addressing sexual and reproductive health in group homes and small family homes have already been promulgated, so changes to implement SB 89 in these proposed regulations are also mostly confined to the THPP regulations. As some of the personal rights add- ed to WIC

section 16001.9 relate to sexual and repro - ductive health, there is a nexus between the implemen- tation of SB 89 and AB 175 as well. SB 179 SB 179 (Chapter 853, Statutes of 2017), also known as the Gender Recognition Act of 2017, established a third legally recognized gender in California: nonbi - nary. Accordingly, changes are made throughout these proposed regulations to delete binary gender referenc- es (i.e., his or her) and replace them with more inclu - sive terminology (i.e., their). As several of the rights added and expanded in WIC

section 16001.9 through the passage of AB 175 relate to gender identity and expression there is also a nexus between the imple - mentation of AB 175 and SB 179. Benefits The regulations as amended will benefit the health and welfare of youth in care at the affected facilities by increasing awareness of personal rights pertain -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 521 ing to their health and safety and will benefit youth in transitional housing placement programs by ensuring that they receive reproductive and sexual health in - formation, care and rights. Neither worker safety, nor the state’s environment is affected by this regulatory action. Incorporation by Reference: There are no items to be incorporated by reference. COST ESTIMATE (

a) Costs or Savings to State Agencies: None. (

b) Costs to Local Agencies or School Districts Which Must Be Reimbursed in Accordance with Government Code Sections 17500–17630: None. (

c) Nondiscretionary Costs or Savings to Local Agencies: None. (

d) Federal Funding to State Agencies: None. LOCAL MANDATE STATEMENT These regulations do not impose a mandate on local agencies or school districts. There are no reimbursable state–mandated costs under

Section 17500 et seq. of the Government Code, because these regulations only make technical and clarifying changes. STATEMENT OF SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS These regulations codify statute as well as imple - ment proposals that came out of discussions with stakeholders — including service providers. Providers and their representatives reviewed and offered feed - back to these regulations in draft form and did not express any alternatives to these regulations as pre - sented or express that these regulations would cause a significant or detrimental economic impact to their businesses.

Therefore, CDSS has made an initial de - termination that the proposed action will not have a significant, statewide adverse economic impact direct- ly affecting businesses, including the ability of Cali - fornia businesses to compete with businesses in other states. STATEMENT OF POTENTIAL COST IMPACT ON PRIVATE PERSONS OR BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

SMALL BUSINESS IMPACT STATEMENT These regulations will impact small businesses to the extent that group homes, short–term residential therapeutic programs and transitional housing place - ment programs are considered small businesses, how- ever, complying with these regulations will incur little to no costs to such providers. These regulations cod - ify statute as well as implement proposals that came out of discussions with stakeholders — including service providers.

Providers and their representatives reviewed and offered feedback to these regulations in draft form and did not express any alternatives to these regulations as presented or express that these regulations would cause a significant or detrimental economic impact to their businesses. STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT The adoption of the proposed amendments will nei- ther create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or create or expand businesses in the State of California.

The regulations as amended will benefit the health and welfare of youth in care at the affected facilities by increasing awareness of personal rights pertain - ing to their health and safety and will benefit youth in transitional housing placement programs by ensuring that they receive reproductive and sexual health in - formation, care and rights. Neither worker safety, nor the state’s environment is affected by this regulatory action. STATEMENT OF EFFECT ON HOUSING COSTS The proposed regulatory action will have no effect on housing costs.

STATEMENT OF ALTERNATIVES CONSIDERED In developing the regulatory action, the Department considered the following alternatives with the follow - ing results: No reasonable alternatives have been pre - sented to CDSS for review.

The Department must determine that no reasonable alternative considered or that has otherwise been iden- tified and brought to the attention of the Department would be more effective in carrying out the purpose for which the regulations are proposed or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 522 effective in implementing the statutory policy or other provision of law. AUTHORITY AND REFERENCE CITATIONS Authority: Sections 1530 and 1530.91 of Health and Safety Code. Reference:

Section 51 of Civil Code;

Section 51931 of Education Code; Sections 6925, 6926 and 6928 of Family Code; Sections 1439.50, 1501, 1512, 1522.41, 1531 and 1522.45 of Health and Safe - ty Code;

Section 11166(

a) of Penal Code; Sections 362.05, 369(h),

Section 16001.9 of Welfare and Insti- tutions Code; and the Gender Recognition Act SB 179 (Atkins,

Chapter 853, Statutes of 2017. GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR DYE CREEK FISH PASSAGE IMPROVEMENT PROJECT (TRACKING NUMBER: 1653–2023–110–001–R1) TEHAMA COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on 3/31/2023, that the Resource Conservation District of Tehama County (District) proposes to carry out a habitat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed project involves replacing a low water crossing structure that is impeding fish passage. The proposed project will be carried out on Dye Creek, located three river miles upstream of the confluence with the Sacramento River, Los Molinos, Tehama County, California.

On 27 January 2023, the North Coast Regional Wa- ter Quality Control Board (Regional Water Board) re- ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Dye Creek Fish Passage Improvement Project.

The Re - gional Water Board determined that the Project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility requirements for coverage un - der the General 401 Order. The Regional Water Board issued a Notice of Applicability (WDID Number 5A52CR0027) for coverage under the General 401 Or- der on 22 March 2023. The District is requesting a determination that the project and associated documents are complete pursu- ant to Fish and Game Code

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

section 2081 subdivision (

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

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

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

section 1652.

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.

Office of Energy Infrastructure Safety File # 2023–0216–01 Hearing Process Regulation This certificate of compliance establishes a written hearing process by which regulated entities and the public may present additional information to the office regarding a notice of defect or violation.

Title 14 Adopt: 29104 Filed 04/03/2023 Effective 04/03/2023 Agency Contact: Joy Peng (916) 336–1768 Fish and Game Commission File # 2023–0222–01 Shasta Snow–Wreath This action adds the Shasta snow–wreath ( Neviusia cliftonii) of the Rose Family ( Rosaceae) to the list of “threatened” plant species under the California Endangered Species Act, Fish and Game Code

Section 2050 et seq. This action is exempt from the procedur- al and substantive requirements of the Administrative

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 523 Procedure Act pursuant to Fish and Game Code

Section 2075.5, subdivision (e)(2). Title 14 Amend: 670.2 Filed 04/04/2023 Effective 04/04/2023 Agency Contact: Jennifer Bacon (916) 902–9285 Office of Tax Appeals File # 2023–0316–01 Conflict –of–Interest Code This is a Conflict–of–Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing only.

Title 02 Adopt: 59850 Filed 03/29/2023 Effective 04/28/2023 Agency Contact: Linda Newson (916) 208–2771 Fish and Game Commission File # 2023–0214–05 Commercial Harvest of Kelp and Other Aquatic Plants This action makes changes without regulatory effect to regulations for commercial harvest of kelp and oth- er aquatic plants. The changes to

section 165 reflect the relocation of the Department of Fish and Wildlife’s Los Alamitos office to Seal Beach. The changes to

section 705.1 update the dates of forms and the license fee. This action also updates three forms incorporat - ed by reference in

section 705.1: DFW 658, DFW 113, and DFW 113A. Title 14 Amend: 165, 705.1 Filed 03/29/2023 Agency Contact: Sherrie Fonbuena (916) 902–9284 California Privacy Protection Agency File # 2023–0214–02 California Consumer Privacy Act This action provides comprehensive instructions and guidance to consumers, businesses, service pro - viders, contractors, and third parties on how to imple - ment and operationalize new consumer privacy rights endowed by the Consumer Privacy Rights Act of 2020 (Prop. 24, as approved by voters, General Election (Nov. 3, 2020)).

Title 11 Adopt: 7002, 7003, 7004, 7014, 7015, 7023, 7025, 7027, 7051, 7052, 7053, 7300, 7301, 7302, 7303, 7304 Amend: 7000, 7001, 7010, 7011, 7012, 7013, 7016, 7020, 7021, 7022, 7024, 7026, 7028, 7051 (renumbered to 7050), 7060, 7061, 7062, 7063, 7070, 7071, 7072, 7080, 7081, 7100, 7101, 7102 Repeal: 7031 Filed 03/29/2023 Effective 03/29/2023 Agency Contact: Kevin Sabo (916) 701–3027 Secretary of State File # 2023–0214–03 Experimental Use of a Voting System in a Pilot Program This rulemaking action by the Secretary of State adopts a process for the submission, review, approval, and use of voting system pilot programs pursuant to Election Code,

section 19209(g). Title 02 Adopt: 20685, 20686, 20687, 20688, 20689, 20690, 20691 Filed 03/29/2023 Effective 07/01/2023 Agency Contact: Rodney Rodriguez (916) 695–1447 State Water Resources Control Board File # 2023–0216–02 Addition of Tribal Beneficial Uses

Definitions This action amends the Water Quality Control Plan for the Los Angeles Region (Basin Plan). On March 10, 2022, the Los Angeles Regional Water Quality Control Board adopted Resolution Number R22–001 to amend

Chapter 2 of the Basin Plan. The State Water Resources Control Board approved the amendments under Resolution Number 2022–0043 on October 18, 2022. Title 23 Adopt: 3939.59 Filed 04/03/2023 Effective 04/03/2023 Agency Contact: Stefani Daryanto (213) 576–6763 State Water Resources Control Board File # 2023–0222–02 Lahontan Regional Water Quality Control Board Basin Plan Update The State Water Resources Control Board (“State Water Board”) submitted this action to amend the

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 15-Z 524 Water Quality Control Plan for the Lahontan Region. The amendments: clarify beneficial use designations for the Mojave River; describe statewide mercury wa- ter quality objectives; update site cleanup, land dispos- al, and underground storage tanks policy sections; up- date sections on State Water Board plans and policies; and make other editorial revisions.

Title 23 Adopt: 3959.11 Filed 04/05/2023 Effective 04/05/2023 Agency Contact: Jennifer Watts (530) 542–5491 Board of State and Community Corrections File # 2023–0215–03 Minimum Standards for Local Detention Facilities This action by the Board of State and Community Corrections is a resubmittal of withdrawn sections 1030 and 1065 of title 15 of the California Code of Regulations that were originally proposed in OAL file Number 2022–1005–04S, which amends minimum standards for local detention facilities.

Title 15 Amend: 1030, 1065 Filed 03/30/2023 Effective 04/01/2023 Agency Contact: Lindsay Tu (916) 324–1959 Fish and Game Commission File # 2023–0214–01 Issuance of Permits for Game Fish Contests Offering Prizes This resubmittal action amends regulations relating to the issuance of permits for contests offering prizes for the taking of game fish, including

definitions, con- test and permit standards, and related forms. Title 14 Amend: 230 Filed 03/29/2023 Effective 07/01/2023 Agency Contact: Jennifer Bacon (916) 902–9285 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.