GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 19−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 8, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. STATE LANDS COMMISSION Marine Invasive Species Program Form — Notice File Number Z2020−0427−01 ............................ 699 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Industrial Hemp Cultivation Sampling — Notice File Number Z2020−0428−03 ............................. 702 TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Pest Ratings and Official Control Actions — Notice File Number Z2020−0424−01 .......................... 704 TITLE 10. DEPARTMENT OF INSURANCE Workers’ Compensation Classification/Rating Rules — Notice File Number Z2020−0428−05 .................. 709 TITLE 14. DEPARTMENT OF PARKS AND RECREATION Grants and Cooperative Agreement Program — Notice File Number Z2020−0428−02 ....................... 712 TITLE 14. FISH AND GAME COMMISSION Commercial Pacific Herring Eggs on Kelp — Notice File Number Z2020−0428−01 ......................... 718 TITLE 16.

BOARD OF ACCOUNTANCY Assembly Bill 2138 — Disciplinary Guidelines — Notice File Number Z2020−0428−06 ...................... 721 TITLE 20. CALIFORNIA ENERGY COMMISSION Enforcement Procedures for the Renewables Portfolio Standard (RPS) for Publicly Owned Electric Utilities (POUs) — Notice File Number Z2020−0428−04 .......................... 724 (Continued on next page) Time- Dated Material

GENERAL PUBLIC INTEREST EPARTMENT OF FISH AND WILDLIFE esearch on Bald Eagle ......................................................................... 732 EPARTMENT OF FISH AND WILDLIFE esearch on Peregrine Falcons ................................................................... 733 FFICE OF ADMINISTRATIVE LAW equest for Information Regarding Publication of the Official alifornia Code of Regulations and the California Regulatory Notice Register ............................. 733 UMMARY OF REGULATORY ACTIONS egulations filed with Secretary of State ........................................................... 734 D R D R O R C S R 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 REGULA TORY 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 http://www.oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. STATE LANDS COMMISSION DIVISION 3. STATE PROPERTY OPERATIONS

CHAPTER 1. STATE LANDS COMMISSION

ARTICLE 4.8. BIOFOULING MANAGEMENT TO MINIMIZE THE TRANSFER OF NONINDIGENOUS SPECIES FROM VESSELS ARRIVING AT CALIFORNIA PORTS § 2298.5. MARINE INV ASIVE SPECIES PROGRAM ANNUAL VESSEL REPORTING FORM The California State Lands Commission (Commis- sion) will decide whether to adopt the regulatory ac- tions described below after considering all comments, objections, or recommendations regarding the pro- posed action. PROPOSED REGULATORY ACTION The Commission proposes to amend

section 2298.5 in

Article 4.8 of Title 2, Division 3,

Chapter 1 of the Cal- ifornia Code of Regulations. The Commission current- ly requires submission of the Marine Invasive Species Program Annual Vessel Reporting Form (A VRF) to the Commission in written or electronic form at least twenty−four hours in advance of the first vessel arrival of each calendar year at a California port of call. The regulated community for this requirement includes masters, owners, operators, and persons in charge of vessels 300 gross registered tons and above that are ca- pable of carrying ballast water.

Specifically, the proposed regulatory action would:  Amend the submission method requirement for the Marine Invasive Species Program Annual Vessel Reporting Form.  Amend

section 2298.5 to incorporate by reference the revised annual reporting form. The Commission proposes these amendments pur- suant to Public Resources Code

section 71201.7. WRITTEN COMMENT PERIOD Any interested person or authorized representative may submit written comments relevant to the proposed regulatory action to the Commission. The written com- ment period closes on June 23, 2020. The Commission must receive all written comments by that time. Submit written comments to: Nicole Dobroski Assistant Chief Marine Environmental Protection Division California State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento, CA 95825 Written comments may also be submitted by facsimi- le at (916) 574−1950 or by email to CSLC. MEPDRegulations@slc.ca.gov.

Please include “Arti- cle 4.8 Comments” in the subject line of the email. PUBLIC HEARING Commission staff has not scheduled a public hearing on this proposed action. However, the Commission will hold a public hearing, pursuant to Government Code

section 11346.8, if it receives a written request for a public hearing from any interested person, or autho- rized representative, no later than 15 days prior to the close of the written comment period. AUTHORITY AND REFERENCE Authority: Public Resources Code sections 71201.7 and 71204.6 authorize the Commission to adopt regula- tions necessary to implement the provisions of the Ma- rine Invasive Species Act. Reference: The proposed amendments would imple- ment or make specific Public Resources Code sections 71201.7, 71204, and 71205.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The purpose of this proposed regulatory action is to amend the submittal method for the Marine Invasive Species Program Annual Vessel Reporting Form and incorporate by reference the revised annual reporting form. Public Resources Code

section 71201, subdivision (

d) declares that the purpose of the Marine Invasive Species Act is to move the state expeditiously toward elimination of the discharge of nonindigenous species (NIS) into the waters of the State or into waters that may impact the waters of the State. Public Resources Code sections 71201.7 and 71204.6 provide authority for the 699

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z Commission to adopt regulations. To that end, the Com- mission adopted

Article 4.8 “Biofouling Management to Minimize the Transfer of Nonindigenous Species from Vessels Arriving at California Ports (2 CCR sec- tions 2298.1 et seq.), which took effect on October 1, 2017. These regulations impose both operational (i.e., biofouling management) and administrative (i.e., re- porting and recordkeeping) requirements on vessels in order to reduce the risk of NIS introduction into state waters. The proposed amendment would require the submit- tal of the Marine Invasive Species Program Annual Ves- sel Reporting Form to the Commission through the web−based user interface https://misp.io and amend

section 2298.5 to incorporate by reference the revised annual reporting form. This proposed action is promul- gated pursuant to Public Resources Code

section 71201.7. The proposed amendment would reduce the adminis- trative burden placed on the Commission. Commission staff would manually process significantly fewer re- porting forms, reduce paper use and storage require- ments, and redirect resources to focus on other high pri- ority projects within the Marine Invasive Species Program. The federal government does not have a comparable reporting requirement. Thus, there are no comparable federal regulations, nor is duplication or conflict with federal regulations expected.

Similarly, there is no other comparable state reporting requirement, so the pro- posed amendment is neither inconsistent nor incompat- ible with any state regulations. The Commission staff evaluated whether the pro- posed regulations are inconsistent or incompatible with existing State regulations and has found that there are no other State regulations concerning comparable re- porting requirements or forms. Therefore, the proposed regulations are not inconsistent or incompatible with existing state regulations.

DOCUMENTS INCORPORATED BY REFERENCE The following document is incorporated by reference within the proposed regulatory text:  Marine Invasive Species Program Annual Vessel Reporting Form (SLC 600.12, Revised 08/17 04/20) DETERMINATION ON MAJOR REGULATION DESIGNATION The Commission staff has determined that this pro- posed regulatory action is not a major regulation as de- fined by Government Code

section 11342.548. LOCAL MANDATE Commission staff has determined that the proposed regulatory action does not impose any mandates on lo- cal agencies or school districts.

FISCAL IMPACTS Commission staff has determined that this proposed regulatory action:  imposes no mandates or costs requiring state reimbursement to any local agency or school district pursuant to Government Code sections 17500 et seq.  will have no impact on costs to any state agency  will result in a savings to the Commission of approximately $57,390 annually  will have no other non−discretionary costs or savings imposed on local agencies  will have no impact on costs or savings in federal funding to the State HOUSING COSTS Commission staff has determined that this proposed action will have no impact on housing costs.

STATEMENT REGARDING ADVERSE ECONOMIC IMPACTS DIRECTLY AFFECTING BUSINESSES, INCLUDING ABILITY TO COMPETE Commission staff has determined that the proposed regulations will have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Through the Economic Impact Assessment, Com- mission staff has determined that the proposed regulations: 700

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z (1) will have no impact upon the creation or elimination of jobs within the State of California; (2) will have no impact upon the creation or elimination of existing businesses within the State of California; and (3) will have no impact upon the expansion of businesses currently doing business within the State of California. Commission staff has determined that the proposed regulations will benefit California by reducing the need for staff time processing forms.

Commission staff esti- mates the existing annual costs of staff time to process A VRFs that are submitted by email to be $66,547.58. The proposed regulation would reduce the need for this staff time to a value of approximately $9,157.16, there- by allowing the Commission to redirect approximately $57,390 of staff time annually to other program needs. COST IMPACTS ON REPRESENTATIVE PERSONS OR BUSINESSES There are no new costs imposed on persons or busi- nesses by the proposed amendments. Any costs associ- ated with the proposed regulation stem from existing law.

The regulated community has been obligated to comply with the statutes and regulations of the Marine Invasive Species Act since 2000. This proposed amend- ment simply defines a specific method for the submittal of the Marine Invasive Species Program Annual V essel Reporting Form. The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. BUSINESS REPORT The proposed regulation would not impose a new re- porting requirement.

However, it would require busi- nesses to comply with an existing reporting require- ment by submitting a form through a web−based user interface. Commission staff finds that this proposed amendment is necessary for the health, safety, or wel- fare of the people of the state to ensure that the Commis- sion can better manage fiscal resources to protect the waters of the State. SMALL BUSINESS DETERMINATION The Commission staff finds that the adoption of this proposed action may affect small businesses.

The Com- mission is not aware of any small businesses that would be subject to the proposed amendment, but there may be some. However, continued compliance with the Marine Invasive Species Act and regulations will add no eco- nomic burden to small businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Commission must determine that no reasonable alternative it considered or that has other- wise 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 pro- posed action, or would be more cost−effective to affect- ed private persons and equally effective in implement- ing the statutory policy or other provision of law.

The Commission invites interested persons to submit com- ments on potential alternatives to the proposed regula- tion during the written comment period.

CONTACT PERSONS Direct inquiries concerning the substance of the pro- posed regulations to: Nicole Dobroski Assistant Chief Marine Environmental Protection Division California State Lands Commission 100 Howe Ave, Suite 100 South Sacramento, CA 95825−8202 Telephone: (916) 574−0742 Facsimile: (916) 574−1950 Email: Nicole.Dobroski@slc.ca.gov or: Patrick Huber Staff Attorney California State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento, CA 95825−8202 Telephone: (916) 574−0728 Facsimile: (916) 574−1855 Email: Patrick.Huber@slc.ca.gov Requests for copies of the proposed text of the regula- tion, the initial statement of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based should be directed to: 701

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z Nicole Dobroski Assistant Chief Marine Environmental Protection Division California State Lands Commission 100 Howe Ave, Suite 100 South Sacramento, CA 95825−8202 Telephone: (916) 574−0742 Facsimile: (916) 574−1950 Email: Nicole.Dobroski@slc.ca.gov A V AILABILITY STATEMENTS Commission staff will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at the Sacramento office listed above.

As of the date this notice is published in the No- tice Register, the rulemaking file consists of this notice, the proposed text of the regulations, the initial statement of reasons, including the economic impact assessment, and relevant sources of information upon which the proposed rulemaking is based. Interested parties may obtain copies of any of the aforementioned files by con- tacting Nicole Dobroski as listed above, or by visiting the website listed below.

A V AILABILITY OF CHANGED OR MODIFIED TEXT OF ORIGINALLY PROPOSED REGULATIONS After considering all timely and relevant comments, the Commission may adopt the proposed regulation as described in this notice. If Commission staff makes any substantial and sufficiently related modifications to the proposed text, the modified text with changes clearly indicated will be made available to the public for at least fifteen days prior to the date that the Commission adopts the regulation.

Interested parties shall send re- quests for copies of the modified regulation, if applica- ble, to the attention of Nicole Dobroski at the address in- dicated above. The Commission will accept written comments on the modified regulation for at least fifteen days after the date that it is available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, interested parties may obtain a copy of the Final Statement of Reasons by contacting Nicole Dobroski at the address, telephone number, or email address listed above or by accessing the website listed below.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the notice of proposed rulemaking, the ini- tial statement of reasons, the proposed text of regula- tions, the economic impact assessment, relevant docu- ments, and any future changes or modifications to the proposed text can be accessed through our website at: http://www.slc.ca.gov TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture (Depart- ment) amended CCR Sections 4935, 4940, 4941, 4942, 4943, 4944, 4945, 4946, 4950, and 4950.1 in the regula- tions in Title 3 of the California Code of Regulations pertaining to establishment of sampling procedures for laboratory testing of Industrial Hemp as an emergency action, which was effective on June 10, 2019, and read- opted on March 24, 2020. The Department proposes to continue the regulation, as amended, to complete the amendment process by submission of a Certificate of Compliance no later than June 22, 2020.

This notice is being provided to comply with Govern- ment Code

Section 11346.4. PUBLIC HEARING A public hearing is not scheduled. However, a public hearing will be held if any interested person, or his or her duly authorized representative, submits a written re- quest for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulation to the Department. Comments may be submitted by USPS, FAX, or email. The written comments must be received by the board at its office by June 22, 2020.

The Department will consider only com- ments received at the Department office by that time or postmarked no later than June 22, 2020. Submit com- ments to: Dean Kelch Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) 702

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z Unless there are substantial changes to the proposed regulations, the Department of Food and Agriculture may amend the proposal as set forth in this notice with- out further notice to the public. INFORMATIVE DIGEST/PLAIN ENGLISH OVERVIEW Existing law requires the Secretary to establish time- frames, procedures, methods, and confirmation for in- dustrial hemp sampling laboratory testing, harvest, and destruction as required (Food and Agricultural Code (FAC)

Section 81006(e)(3)). The proposed amendment of CCR Sections 4935, 4940, 4941, 4942, 4943, 4944, 4945, 4946, 4950, and 4950.1 will establish timeframes, procedures, methods, and confirmation for industrial hemp sampling labora- tory testing, harvest, and destruction as required in FAC

Section 81006. The Department considered any other possible relat- ed regulations in this area and finds that these are the on- ly regulations dealing in this subject area, and the De- partment is the only State agency that can implement this proposed regulation. As required by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of this proposed regulation and has determined that it is not inconsistent or incompati- ble with existing state regulations. Anticipated Benefits from This Regulatory Action Establishment of timeframes, procedures, methods, and confirmation for industrial hemp sampling labora- tory testing, harvest, and destruction will allow com- mercial cultivation of industrial hemp to be harvested in California and allow the growth of the industrial hemp industry in California.

According to V ote Hemp, the United States has seen significant growth in acreage of industrial hemp cultivation: 9,770 acres of industrial hemp were grown in 2016; 25,713 acres were grown in 2017 and 78,176 acres were grown in 2018. Currently, most hemp products processed and manufactured in the United States heavily rely on imported material, ac- cording to the Congressional Research Service. With- out this regulation, California citizens are unable to par- ticipate in this emerging industry.

Amended Text This amended regulatory action establishes time- frames, procedures, methods, and confirmation for in- dustrial hemp sampling, laboratory testing, harvest, and destruction. For the purpose of promoting and protect- ing the agricultural industry in California, existing law provides that before the harvest of each crop, except when industrial hemp is grown by an established agri- cultural research institution, a registrant that grows in- dustrial hemp shall obtain a laboratory test report indi- cating the THC levels of a random sampling of the in- dustrial hemp grown.

Disclosures Regarding the Proposed Action The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Non−discretionary costs or savings to local agencies or school districts: None. Cost or savings to any state agency: The hourly rate of the state at an average of $84.36. These costs will more than likely be offset by the revenue collected by the reg- istrant over one year. Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None.

Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Cost impacts on a representative private person or business: The proposed regulation will require the pay- ment of testing for THC by industrial hemp growers, as required in statute. In cases in which the crop fails to meet the THC content ceiling for industrial hemp, there will be a cost of crop destruction and loss of crop.

The cost to test as a grower, approximately $63 a sample, is reasonable and should be exceeded by revenue collect- ed by the grower or seed breeder over the registration period of one year. Any potential crop destruction and loss costs due to state and federal compliance could be recouped in the next growing season. The agency is not aware of any additional cost impacts that a representa- tive private person or business would necessarily incur in reasonable compliance with the proposed action. Small Business Determination: The proposed regula- tion may affect small business.

Other nondiscretionary cost or savings imposed on local agencies: None. Significant effect on housing costs: None. Results of the Economic Impact Assessment The Department has made an assessment that the pro- posed regulation would not likely eliminate jobs or ex- isting businesses within California. The Department has made an assessment that the proposed regulation will allow the growth of the industrial hemp industry in California, with an increase in the number of businesses dedicated to producing hemp and the concomitant in- crease in jobs.

The proposed regulation will establish sampling pro- cedures, testing laboratories, and testing methods for registered growers and seed breeders. Without sam- pling procedures, registered growers and seed breeders will not be able to obtain test results. This would limit 703

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z the amount of domestic hemp available to producers and manufacturers and result in higher prices to Califor- nia consumers due to California not contributing to the domestic hemp supply. The proposed regulation will al- so allow the growth of the industrial hemp industry in California. This will create jobs and lead to the expan- sion of California businesses.

Alternatives Considered The Department must determine that no reasonable alternative considered to the proposed regulation or that has otherwise been identified and brought to its atten- tion would either be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private per- sons than the proposed action, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law than the proposal described in this notice.

The Department considered taking no action. If no action is taken then sampling procedures, testing labo- ratories, and testing methods for registered growers and seed breeders of industrial hemp would not be avail- able; and this would encourage illegal cultivation of this in demand crop. The Department and counties will not have the resources for regulatory enforcement activities to address illegal cultivation. AUTHORITY The Department proposes to amend CCR

Section 4935, 4940, 4941, 4942, 4943, 4944, 4945, 4946, 4950, and 4950.1 pursuant to the authority vested by Sections 407 and 81006 of the Food and Agricultural Code of California. REFERENCE The Department proposes this action to implement, interpret and make specific

Section 81006 of the Food and Agricultural Code. CONTACT The agency officer to whom written comments and inquiries about the initial statement of reasons, pro- posed actions, location of the rulemaking files, and re- quest for a public hearing may be directed to is: Dean Kelch Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) In his absence, you may contact Karen Olmstead at (916) 403−6879 or karen.olmstead@cdfa.ca.gov.

Questions regarding the substance of the proposed reg- ulations should be directed to Karen Olmstead. INTERNET ACCESS The Department has posted the information regard- ing this proposed regulatory action on its Internet web- site (https://www.cdfa.ca.gov/plant/Regulations.html). A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department of Food and Agriculture has pre- pared an initial statement of reasons for the proposed action, has available all the information upon which its proposal is based, and has available the express terms of the proposed action.

A copy of the initial statement of reasons and the proposed regulations in underline and strikeout form may be obtained upon request. The loca- tion of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of reasons will be available upon request. Re- quests should be directed to the contact named herein. If the regulations amended by the Department differ from, but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of amendment.

Any person interested may obtain a copy of said regulations prior to the date of amended by contacting the agency officer (contact) named herein. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture proposes to revise

section 3162 Title 3 of the California Code of Regulations (CCR) pertaining to Pest Ratings and Offi- cial Control Actions. PUBLIC HEARING A public hearing is not scheduled. However, a public hearing will be held if any interested person, or his or 704

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z her duly authorized representative, submits a written re- quest for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulation to the Department. Comments may be submitted by USPS, FAX or email. The written com- ment period closes on June 22, 2020.

The Department will consider only comments received at the Depart- ment offices by that date or postmarked no later than June 22, 2020. Submit comments to: Dean Kelch Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Dr, Suite #200 Sacramento, CA 95833 dean.kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Unless there are substantial changes to the proposed regulation prior to adoption, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the public.

Follow- ing the public hearing if one is requested or following the written comment period if no public hearing is re- quested, the Department of Food and Agriculture, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth with- out further notice. INFORMATIVE DIGEST/ POLICY STATEMENT OVERVIEW Purpose This amendment to CCR 3162 will clarify the proce- dures for assigning pest ratings and determining official control measures. Current Laws & Regulations Existing law, FAC

Section 403, directs that the de- partment shall prevent the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds. Existing law, F AC

Section 407, provides that the Sec- retary may adopt such regulations as are reasonably necessary to carry out the provisions of this code that the Secretary is directed or authorized to administer or enforce. Existing law, FAC

section 5006, defines “pest” to mean any of the following things that is, or is liable to be, dangerous or detrimental to the agricultural industry of the state: (

a) Any infectious, transmissible, or contagious disease of any plant, or any disorder of any plant which manifests symptoms or behavior which the director, after investigation and hearing, finds and determines is characteristic of an infectious, transmissible, or contagious disease. (

b) Any form of animal life. (

c) Any form of vegetable life. Existing law, FAC

section 5260.5, defines “invasive pests” as animals, plants, insects, and plant and animal diseases or groups of those animals, plants, insects, and plant and animal diseases, including seeds, eggs, spores, or other matter capable of propagation, where introduction into California would or would likely cause economic or environmental harm. “Invasive pests” does not include agricultural crops, livestock, or poultry generally recognized by the department or the United States Department of Agriculture as suitable to be grown or raised in the state. Existing law, FAC

section 5261, provides that the De- partment shall develop and maintain a list of invasive pests that have a reasonable likelihood of entering Cali- fornia for which a detection, exclusion, eradication, control, or management action by the state might be ap- propriate. In developing the list, the department shall consider any invasive pests identified by the federal or state government for which a detection, exclusion, eradication, control, or management action might be undertaken. Existing law, FAC

section 5262, provides that the De- partment shall develop and maintain a written plan on the most appropriate options for detection, exclusion, eradication, control, or management of the higher prior- ity invasive pests on the list prepared pursuant to FAC

section 5261. The law requires holding public hearings and making the plan available to the public, including making it available on the department’s Internet website. Amended T ext The specific purpose of

section 3162 is to establish a pest rating process for various organisms that impact agriculture and the environment and to determine the appropriate Department−authorized statewide official control actions based upon the assigned pest rating. The purpose of this amendment is to clarify and make con- sistent the procedures outlined in

section

Section 3162(a): This

section establishes the

definitions for terms used in the regulation. The Department is amending this

section as follows: 705

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z  “Endangered Area” has been removed. This term will no longer be used in the regulation. It will be replaced with “Vulnerable Area” defined in subsection (a)(11). This amendment is necessary to eliminate the potential connotation to endangered and threatened species that may arise with the use of the existing term.  “General Distribution” was modified to allow for a more general definition with the emphasis on the pest’s potential distribution.

The factors which influence potential distribution can go beyond the host range and suitable climatic range specified in the original definition.  “Identifying Scientist” has been added. This is to specify the personnel responsible for identifying the pests to which this regulation will be applied.  “Limited Distribution” has wording changes to clarify the definition.

The emphasis in this definition as in the modified definition for “General Distribution” has been changed to reflect potential distribution.  In subsection (a)(7), the word “endangered” has been changed to “vulnerable” for consistency.  “Pest Rating” has been reworded for clarity.  Remove Subsection (a)(9), “Pest Mitigation Measure”. The existing regulation defines both “Pest Mitigation Measure” and “Official Control” identically.

The Department proposes to remove the term “Pest Mitigation Measure” to eliminate this duplication and rely solely on the term “Official Control Measure” as defined in subsection (a)(7).  “Potential Distribution” has been added to refer to areas of the State where the pest might feasibly be expected to establish.  “Quarantine” has a slight wording change for clarity.  “Vulnerable Area” has been added to refer to areas of the State where the pest might feasibly be expected to establish and cause economical loss or ecological harm.

Section 3162(b): This

section describes the form used for the “Califor- nia Pest Rating Proposal”. The Department proposes the following amendments to

Section 3162(b):  Add a temporary rating “Z” to the list of possible Current Ratings. The “Z” — rating is described in

Section 3162(j).  Remove rating “Q” from the list of Proposed Ratings list. The “Q” — rating is intended as a temporary rating prior to the publication of the Pest Rating Proposal and is not appropriate as a Proposed Rating.  Replace Common Name with [taxon name] as the primary name for the pest. This allows the person completing the Pest Rating Proposal to use either common name or scientific name as the primary name throughout the document.  Add “Taking into account other, established pests,” and “additional” to item (5) environmental impact.

If another pest, one with very similar or identical impacts on California agriculture and environment as those impacts expected from the evaluated pest, is already established in the state, then the introduction and establishment of the pest being evaluated may have few, if any, additional economic or environmental impacts.  Replace the word “endangered” with the word “vulnerable” in items (5) and (6) for consistency with the terminology used throughout this section.  There is minor rewording to replace “total” score with score “for the above five consequences”.

This is a more appropriate wording; the score at this point is a subtotal until item (6) has been included. This change is necessary to specify that the total score is the sum of the five factors described above this section.  Add “official Pest Damage Record” to the information allowed to determine the California distribution of the pest. The Pest Damage Records are samples collected by the Department from border stations, county agricultural commissioners and CDFA personnel and analyzed in the CDFA laboratory.

This addition is necessary to specify one of the two record types that may be relied upon to evaluate Post Entry Distribution and Survey Information.  There is minor rewording in the description of the References. Replace the word “here” with the phrase “in the above assessment.” This change is necessary to specify that the references listed in a Pest Rating Proposal are references used throughout the assessment.

Section 3162(c): This

section provides the process by which a pest is rated. It establishes that any interested party may use the “California Pest Rating Proposal (Form)” and that it is available from a website link with instructions for sub- mission. Other than a minor wording change to Subsec- tion 3162(c)(2), the Department does not propose amending this section.

Section 3162(d): This

section defines the process to review existing pest ratings. The Department is amending this

section to change the time frame from assignment of a “Q rating to 706

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z proposal of a permanent rating from one year to two years. The Department is removing the requirement to review permanent ratings on a two−year schedule.

Section 3162(e): This

section establishes the “A” rating for pests which score high as a pest of agriculture or the environment and are not known to occur or are under official control. The

section also describes the authorized official control actions for pests of this rating. The Department proposes the following amendments:  Rewording the definition of the “A” rating for consistency and clarity.  Subsection 3162(e)(1) replace the “conveyances” with “shipments”. Add the possibility of “held for inspection” as a potential control action.  Subsection 3162(e)(3)(

H) replace “Received” with “Transported” on the Notice of Rejection.  Subsection 3162(e)(3)(

R) correct the spelling of the word “Commissioner’s” on the Notice of Rejection.

Section 3162(f): This

section establishes the “B” rating for pests which have a medium score as a pest of agriculture or the envi- ronment and which are of limited distribution. The De- partment proposes to amend this

section to specify and clarify the types of control actions taken for this pest.

Section 3162(g): This

section establishes the “C” rating for pests. The Department proposes to amend this

section to change the “C” −rating to pests that score low as a pest and / or are of common occurrence and generally distributed in California.

Section 3162(h): This

section establishes the “D” rating for pests which score low as a pest of agriculture or the environ- ment and are beneficial or are expected to cause no harm. The Department has amended this

section to clar- ify and expand the definition of the “D”−rated pest.

Section 3162(i): This

section establishes the “Q” rating for pests which the Department expects to score high as a pest of agriculture or the environment and which are not known to occur in California, or the distribution is un- known. This rating may also be used for pests which are suspected as potentially harmful, but for which there may be inadequate scientific information to complete a Pest Rating Proposal. The Department is amending this

section to clarify the definition of the “Q” −rated pest and the control actions which are authorized.

Section 3162(

j) The Department proposes adding a new

section for “Z” −rated pests. This

section establishes the “Z” rating for pests which may be expected to score low as a pest of agriculture or the environment and and/or which are of common oc- currence and generally distributed in California. This is a temporary pest rating assigned by the Identifying Sci- entist which is used until the Pest Rating Process de- scribed in

Section 3162(

b) has been completed. There are no authorized official control actions associated with this rating.

Section 3162(k): This

section establishes that the pest ratings shall be used in the enforcement of the nursery stock standards of cleanliness under Title, 3, California Code of Regula- tions,

section 3060.2. The Department does not propose amending this section. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION The implementation of these amendments will ensure:  A uniform and efficient process for determining pest rating  Uniform rating criteria  Ability to regularly update the list EV ALUATION OF INCONSISTENCY/INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of

Section 3162 and has determined that it is not inconsistent or incompatible with existing state regulations. RESULTS OF ECONOMIC IMPACT ANALYSIS The proposed amendments are designed to clarify ex- isting pest rating procedures and are not expected to cre- ate or eliminate jobs or businesses in California, nor ex- pand existing businesses in California. The proposed amendments are not expected to have a direct effect on the health and welfare if California resi- dents.

The amendments are expected to be beneficial to the state’s environment by improving the pest rating system, which, in turn, serves a protective function for the environment. DISCLOSURES REGARDING THE PROPOSED ACTION A. Fiscal Effect on Local Government The amendments to

Section 3162 do not impose any new mandates on local agencies or school districts and 707

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z no reimbursement is required under

Section 17561 of the Government Code. There are no reimbursable costs or savings under

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code to local agencies or school dis- tricts and no nondiscretionary costs or savings to local agencies or school districts anticipated from the adop- tion the

Section 3162 amendments. B. Fiscal Effect on State Government The adoption of this regulation would have no fiscal impact on the Department. The processes for assigning pest ratings and the methods of official control under

Section 3162 have been well established and the amendments are to clarify existing procedures. The De- partment is not aware of any specific economic impacts associated with the proposed amendments to these processes. C. Fiscal Effect on Funding of State Programs There are no expected savings or increased costs to any state agency, and no costs or savings in federal funding to the State will result from the adoption of the

Section 3162 amendments. D. Significant, Statewide Adverse Economic Impact Directly Affecting Business The proposed regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. E. Cost Impacts on Representative Private Person or Business The adoption of these amendments to

Section 3162 would have no economic impact on the agricultural in- dustry, businesses, or the general public. The processes for assigning pest ratings and the methods of official control under

Section 3162 have been well established and the amendments are to clarify existing procedures. The Department is not aware of any specific economic impacts associated with the proposed amendments to these processes. F. Effect on Small Business The Department does not anticipate that these amendments will affect small businesses. The amendments are clarifications of well−established procedures. G. Housing Costs The Department does not anticipate that these amendments will affect housing costs. AUTHORITY The Department proposes to amend CCR

section 3162 pursuant to the authority vested by sections 403, 407, 5261 and 5262 of the Food and Agricultural Code of California. REFERENCE The Department proposes this action to implement, interpret and make specific

section 407 of the Food and Agricultural Code. CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more ef- fect in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

The Department of Food and Agriculture has deter- mined that no alternative considered would be more ef- fective in carrying out the purpose for which the action is proposed or would be as effective and less burden- some to affected private persons than the proposed action.

CONTACT The agency officer to whom written comments and inquiries about the initial statement of reasons, pro- posed actions, location of the rulemaking files, and re- quest for a public hearing may be directed is: Dean Kelch California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Dr, Suite #200 Sacramento, CA 95833 dean.kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) In his absence, you may contact Karen Olmstead at (916) 403−6879. Questions regarding the substance of the proposed regulation should be directed to Dean Kelch. 708

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z INTERNET ACCESS The Department has posted the information regard- ing this proposed regulatory action on its Internet web- site (www.cdfa.ca.gov/cdfa/pendingregs). A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department of Food and Agriculture has pre- pared an initial statement of reasons for the proposed action, has available all the information upon which its proposal is based, and has available the express terms of the proposed action.

A copy of the initial statement of reasons and the proposed regulations in underline and strikeout form may be obtained upon request. The loca- tion of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of reasons will be available upon request. Re- quests should be directed to the contact named herein. If the regulations amended by the Department differ from, but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of amendment.

Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer (contact) named herein. TITLE 10. DEPARTMENT OF INSURANCE JULY 1, 2020 WORKERS’ COMPENSATION INSURANCE RATING RULES FILING April 21, 2020 File No. REG−2020−00007 SUBJECT OF PROPOSED RULEMAKING Notice is given that a public hearing will be held in response to a filing by the Workers’ Compensation Insurance Rating Bureau of California (“WCIRB”), submitted on April 20, 2020.

The WCIRB proposes amendments to the Insurance Commissioner’s Regulations pertaining to the Classification of Risks, Recording and Reporting of Data, Statistical Reporting and Experience Rating to be effective July 1, 2020, as follows:  Approval of proposed amendments to the California Workers’ Compensation Uniform Statistical Reporting Plan — 1995 as proposed by the WCIRB as the Insurance Commissioner’s designated statistical agent.  Approval of proposed amendments to the California Workers’ Compensation Experience Rating Plan — 1995 as proposed by the WCIRB as the Insurance Commissioner’s designated statistical agent.

HEARING Public Hearing Date and Location A public hearing will be conducted to permit all inter- ested persons the opportunity to present statements or arguments, verbally or in writing, with respect to the matters proposed in the WCIRB’s filing, at the follow- ing date, time and place: May 18, 2020 — 10:00 a.m. California Department of Insurance TELEPHONIC PARTICIPATION ONLY Toll−Free Telephone Number: 844−767−5679 Access Code: 927364 Participants will be given instructions on how to provide testimony once they have accessed the hear- ing.

The hearing will continue on the date noted above until all testimony has been submitted or until 5:00 p.m., whichever is earlier. Access to Telephonic Conference Call This hearing will be open to the public.

To make it possible for the Department to advise attendees of fu- ture rulemaking activity, as well as to aid the Depart- ment of Insurance in managing attendance, we request that you voluntarily RSVP as soon as possible, prefer- ably by Thursday, May 14, 2020, by providing your name(s), the name of the organization you represent, and your contact information, including email address of each attendee to brentley.yim@insurance.ca.gov. An RSVP is not required to attend the telephonic confer- ence and all attendees are invited to participate regard- less of whether there was an RSVP.

The telephonic conference to be used for the public hearing is accessible to persons with mobility impair- ment. Persons with sight or hearing impairments are re- quested to notify the contact person for these hearings (listed below) in order to make specific arrangements, if necessary. WRITTEN COMMENT PERIOD Presentation of Written or Oral Comments; Contact Persons All persons are invited to submit written comments on the proposed regulations during the public comment period. The public comment period will end at 5:00 709

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z p.m. on Monday, May 18, 2020. Please direct all writ- ten comments to the following contact person: Brentley Yim, Attorney California Department of Insurance 1901 Harrison St., 4th Floor Oakland, CA 94612 Telephone: (415) 538−4113 brentley.yim@insurance.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person.

If he is unavailable, inquiries may be addressed to the following backup contact person: Patricia Hein, Attorney California Department of Insurance 1901 Harrison St., 6 th Floor Oakland, CA 94612 Telephone: (415) 538−4430 patricia.hein@insurance.ca.gov Please note that under the California Public Records Act (Government Code

Section 6250, et seq.), your written and oral comments, and associated contact in- formation (e.g., your address, phone number, e−mail, etc.) become part of the public record and can be re- leased to the public upon request. Deadline for Written Comments All written materials must be received by the Insur- ance Commissioner, addressed to the contact person at the address listed above, no later than 5:00 p.m. on Monday, May 18, 2020. Any written materials re- ceived after that time may not be considered.

Comments Transmitted by E−Mail or Facsimile The Commissioner will accept written comments transmitted by e−mail provided they are sent to the fol- lowing e−mail address: brentley.yim@insurance.ca. gov. The Commissioner will also accept written com- ments transmitted by facsimile provided they are direct- ed to the attention of Brentley Yim and sent to the fol- lowing facsimile number: (415) 904−5490. Comments sent to e−mail addresses or facsimile numbers other than those designated in this notice will not be ac- cepted.

Comments sent by e−mail or facsimile are subject to the deadline set forth above for written comments. PROCEEDINGS NOT SUBJECT TO ADMINISTRATIVE PROCEDURE ACT The regulations contained in the California Workers’ Compensation Uniform Statistical Reporting Plan — 1995, and the California Workers’ Compensation Expe- rience Rating Plan — 1995 pertain to the establishment of workers’ compensation insurance rates. Government Code

Section 11340.9(

g) states that the Administrative Procedure Act [Chapter 3.5 of the Government Code] shall not apply to regulations that establish or fix rates, prices, or tariffs, and the Office of Administrative Law has determined that these regulations are excluded from the requirements of the Administrative Procedure Act. This Notice and any accompanying documents are being offered by the Commissioner to obtain written public comment before the Commissioner determines whether to approve the amendments to these regula- tions. The Commissioner shall issue an Order regarding his determination pursuant to Insurance Code

Section 11734. AUTHORITY AND REFERENCE Uniform Plans and Regulations The workers’ compensation classification of risks and statistical reporting rules are set forth in Title 10, California Code of Regulations,

Section 2318.6. The workers’ compensation experience rating regulations are set forth in Title 10, California Code of Regulations,

Section 2353.1. These regulations are promulgated by the Insurance Commissioner pursuant to the authority granted by Insurance Code

Section 11734. INFORMATIVE DIGEST Pursuant to Insurance Code Sections 11734 and 11751.5, the Insurance Commissioner has designated the WCIRB as his statistical agent. As the designated statistical agent, the WCIRB collects insurer data and recommends revisions to the California Workers’ Com- pensation Uniform Statistical Reporting Plan — 1995 and the California Workers’ Compensation Experience Rating Plan — 1995 for approval. Adherence to the reg- ulations contained in the California Workers’ Compen- sation Uniform Statistical Reporting Plan — 1995 and the California Workers’ Compensation Experience Rating Plan — 1995 is mandatory for insurers. Howev- er, Insurance Code

Section 11734 provides that an in- surer may develop its own classification system if it is filed with the Insurance Commissioner 30 days prior to its use and is not disapproved by the Insurance Commis- sioner for failure to demonstrate that the data produced by the insurer’s classification system can be reported consistently with the California Workers’ Compensa- tion Uniform Statistical Reporting Plan — 1995 or the standard classification system developed by the WCIRB and approved by the Insurance Commissioner.

The amendments to the California Workers’ Com- pensation Uniform Statistical Reporting Plan — 1995, and the California Workers’ Compensation Experience Rating Plan — 1995 are summarized below. 710

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z Amendments to the California Workers’ Compensation Uniform Statistical Reporting Plan — 1995, Title 10, California Code of Regulations,

Section 2318.6, Effective July 1, 2020 1. Amend

Part 1, General Provisions,

Section I, Introduction, Rule 3, Effective Date, to show that the effective date of the amended USRP is 12:01 a.m., July 1, 2020. 2. Amend

Section III, General Classification Procedures, to add Rule 7, Coronavirus Disease 2019 (COVID−19), to permit during a statewide California COVID−19 stay−at−home order, and until sometime thereafter (1) the division of an employee’s payroll between Classification 8810, Clerical Office Employees, and a non−standard exception classification when the employee’s work is exclusively clerical in nature, and (2) payments made to an employee while the employee is performing no duties of any kind in service of the employer to be excluded from payroll when the payments are equal to or less than the employee’s regular rate of pay. 3. Amend

Section IV , Exposure Information, Rule 1, Classification Code, and Rule 4, Exposure Amount, to report payments excluded from remuneration pursuant to

Part 3, Standard Classification System,

Section III, General Classification Procedures, Rule 7, Coronavirus Disease 2019 (COVID−19). 4. Amend

Section V , Loss Information, Rule B, Loss Data Elements, Subrule 4, Catastrophe Number, to (1) add Catastrophe Number 12 for the reporting of COVID−19 claims, and (2) eliminate the reference to claims arising from the commercial airline hijackings of September 11, 2001 since these rules are now obsolete. 5. Amend Appendix II, Payroll/Remuneration Table, for consistency with other proposed changes. 6. Amend Appendix III, Injury Description Codes,

Section B, Nature of Injury (Positions 3−4), and

Section C, Cause of Injury (Positions 5−6), to add a Nature of Injury code and a Cause of Injury Code for COVID−19 claims. Amendments to the California Workers’ Compensation Experience Rating Plan — 1995, Title 10, California Code of Regulations,

Section 2318.6, Effective July 1, 2020 1. Amend

Section I, General Provisions, Rule 2, Effective Date, to show that the effective date of the amended Experience Rating Plan is 12:01 a.m., July 1, 2020. 2. Amend

Section VI, Rating Procedure, Rule 2, Actual Losses and Actual Primary (Ap) Losses, to (1) specify that all claims directly arising from a diagnosis of Coronavirus disease 2019 (COVID−19) shall not be reflected in the computation of an experience modification and (2) eliminate the reference to claims arising from the Terrorism Risk Insurance Act of 2002, as amended, since these rules are now obsolete. CONTACT PERSON The name and telephone number of the agency repre- sentative and designated contact person are listed above under “WRITTEN COMMENT PERIOD.” A V AILABILITY STATEMENTS The Commissioner has prepared an Informative Di- gest included in this Notice that sets forth a

summary and the reasons for the proposed regulations. Upon re- quest to the contact persons above, the text of the pro- posed regulations shall be made available for inspection and copying.

The file for this action, which includes a copy of the proposed regulations, the WCIRB’s filing, and any sup- plemental information, is contained in the Rulemaking File: REG−2020−00007 and is available for inspection by requesting an electronic copy or by requesting an in− person review and copy by prior appointment at 1901 Harrison Street, 4th Floor, Oakland, California 94612, between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday. The express terms of the proposed regulations as con- tained in the WCIRB’s filing may also be viewed or downloaded from the Regulatory Filings

section of the WCIRB website: www.wcirb.com. INTERNET ACCESS Documents concerning these proposed regulations are available on the Department’s website at the follow- ing link: www.insurance.ca.gov/0250−insurers/0500− legal−info/0200−regulations/proposed−regulations. cfm. APPROV AL OF REGULATIONS Following the time period to receive written com- ment, the Insurance Commissioner may approve regu- lations substantially as described in this Notice and In- formative Digest, or he may approve modified regula- tions or refuse to approve the regulations. Notice of the Insurance Commissioner’s action will be sent to all per- 711

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z sons who have requested notice of the Commissioner’s action. TITLE 14. DEPARTMENT OF PARKS AND RECREATION NATURAL RESOURCES GRANTS AND COOPERATIVE AGREEMENTS PROGRAM REGULATIONS NOTICE IS HEREBY GIVEN the California De- partment of Parks and Recreation (Department) pro- poses to amend the regulations and documents incorpo- rated by reference described below after considering all comments, objections and recommendations regarding the proposed action. PROPOSED REGULATORY ACTION The Department proposes to amend the regulations in the California Code of Regulations, Title 14, Division 3,

Chapter 15, Articles 1 through 5 (CCR), Sections 4970.00, 4970.01, 4970.02, 4970.03, 4970.04, 4970.05, 4970.06.1, 4970.07, 4970.07.1, 4970.07.2, 4970.08, 4970.09, 4970.10, 4970.10.1, 4970.10.2, 4970.10.3, 4970.10.4, 4970.11, 4970.12, 4970.13, 4970.14, 4970.14.1, 4970.14.3, 4970.15.1, 4970.15.2, 4970.15.3, 4970.15.4, 4970.17, 4970.17.1, 4970.18, 4970.19, 4970.19.1, 4970.19.2, 4970.19.3, 4970.19.4, 4970.19.5, 4970.19.6, 4970.20, 4970.22, 4970.23, 4970.23.1, 4970.23.2, 4970.24.1, 4970.24.2, 4970.25.1, 4970.25.2, Grants and Cooperative Agree- ments Program — Appendix (Appendix) and adopt CCR Sections 4970.05.2, 4970.08.1, 4970.08.2 per- taining to the Off−Highway Motor Vehicle Recreation Division (OHMVR Division) Grants and Cooperative Agreements Program (Program).

PUBLIC HEARING The Department has scheduled a telephonic public hearing on the proposed rulemaking. The hearing will be held on June 23, 2020 and can be accessed through the conference line number below. The meeting will commence at 3:00 p.m. Conference Line: 1 (877) 952−2063 Participant Code: 31875622 The Department may consider scheduling two in− person public hearings on the proposed rulemaking, in lieu of the telephonic public hearing, if current State emergency restrictions are lifted. The first in−person public hearing will be held in Bakersfield on June 23, 2020. The meeting will com- mence at 3:00 p.m.

The location of the first hearing, if available, is: Kern County Public Services Building 2700 M Street Bakersfield, California The second in−person public hearing will be held in Sacramento on June 25, 2020. The meeting will com- mence at 3:00 p.m.

The location of the second hearing, if available, is: California Department of Parks and Recreation Off−Highway Motor Vehicle Recreation Division 1725 23rd Street, Suite 200 Sacramento, CA If in−person public hearings are held, the Department will provide reasonable notice of the hearings and hear- ing locations through its interested parties email list and the OHMVR Division webpage at ohv.parks.ca.gov. Any interested person, or his or her authorized repre- sentative, may present oral or written statements, argu- ments, or contentions relevant to the proposed action described in the Informative Digest.

The Department may impose reasonable limits on oral presentations. The Department requests, but does not require, persons making oral comments at the hearings also submit a written copy of their testimony. Additionally, pursuant to Government Code

Section 11125.1, any information presented to the Department during the open hearings in connection with the subject matter open to discussion or consideration becomes part of the public record. Such information shall be retained by the Department and shall be made available upon request. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relative to the proposed rulemaking to the Department. The written comment period ends on June 22, 2020. The Depart- ment will consider only written comments received at the Department’s office by that time.

Written comments may be mailed to the following address: California Department of Parks and Recreation Off−Highway Motor Vehicle Recreation Division Attn: Sixto Fernandez, Grants Manager Grants and Cooperative Agreements 1725 23 rd Street, Suite 200 Sacramento, California 95816−7100 Written comments delivered by email or facsimile will also be accepted by the Department. Written com- ments may be submitted by email to OHV .Grants@ 712

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z parks.ca.gov or via facsimile at (916) 324−1610. Elec- tronic mail or facsimile transmission must be complet- ed by the deadline given above. AUTHORITY AND REFERENCE Authority Citation: The proposed amendments are authorized by Public Resources Code (PRC) Sections 5001.5 and 5003. Reference Citation: The particular code sections im- plemented, interpreted, or made specific by these pro- posed amendments are PRC Sections 5024.1, 5090.01 through 5090.65 and 21000 et seq.; Vehicle Code Sec- tions 38001 and 38006; Education Code Sections 210.3 and 66010.4; 25 CFR

Section 83.5(a); 40 CFR

part 1500.1 et seq.; U. S. IRC

Section 501(c)(3); USC Title 42,

Section 4371. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations PRC

Section 5090.01 et seq., also known as the Off− Highway Motor Vehicle Recreation Act of 2003, as amended, governs the OHMVR Division’s Grants and Cooperative Agreements with cities, counties, Dis- tricts, U.S. Forest Service, U.S. Bureau of Land Man- agement, other Federal Agencies, State and Federally Recognized Native American Tribes, Nonprofit organi- zations, Educational Institutions, Certified Community Conservation Corps, and State agencies. The Program is administered by the Division within the Department.

The Program allows the State to assist eligible agencies and organizations to develop, main- tain, expand and manage high−quality OHV Recreation areas, roads, trails, and other facilities, while responsi- bly maintaining the wildlife, soils, and habitat in a man- ner that will sustain long−term OHV Recreation. Assis- tance is provided in the form of Project−specific Grant funding. Grants are awarded through a competitive process where Applicants and their Projects are evalu- ated using objective criteria.

Effect of the Proposed Rulemaking Generally, the proposed regulatory revisions will eliminate inconsistencies of terms within the regula- tions and make the regulatory language more concise, clear, and consistent by adopting, amending, and re- pealing Program regulations and various documents within the Appendix, incorporated by reference. Specifically, the proposed regulatory revisions would:

Article 1. General Provisions Amend CCR

Section 4970.00 The proposal clarifies that the Program regulations pertain to Grant Applications received on or after the first day of the year for each new Grants cycle and up- dates the PRC reference

section citation. Amend CCR

Section 4970.01 The proposal makes the

section language consistent with all sections of the CCR and makes other grammati- cal changes; clarifies the meaning of statements within the regulatory language, provides more clear definition of terms used throughout the CCR, and/or makes state- ments more specific; and repeals reference to specific auditing standards requirement; adopts a motorized re- quirement in the Equipment definition. Amend CCR

Section 4970.02 The proposal makes grammatical changes to the sec- tion language and updates the Public Resources Code Reference

section citation. Amend CCR

Section 4970.03 The proposal amends the

Section title and makes the

section language consistent with all other sections of the CCR. Amend CCR

Section 4970.04 The specific purpose of this amendment is to make regulatory language consistent throughout the CCR by updating the

section table. Amend CCR

Section 4970.05 The proposal amends the

section numbering due to proposed adoption of new

Section 4970.05.2; makes the

section language consistent with all sections of the CCR, including reference to documents in the Appen- dix, and makes other grammatical changes; removes re- dundant language, clarifies the meaning of statements within the regulatory language, and/or makes state- ments more specific; update the Grants and Coopera- tive Agreements Program Regulations — Appendix version date; clarifies an Applicant’s required public notification of Application cannot be any sooner than the start of the current Grant cycle; amends reference to the Grants and Cooperative Agreements Program Reg- ulations — Appendix, as incorporated by reference; specifies cash value for volunteer time shall be deter- mined using the Independent Sector California hourly rate instead of the Grantee’s paid classification rate; moves and consolidates nonprofit organization Appli- cation requirements to new proposed

Section 4970.05.2; repeals land management goal description as part of the Land Manager letter requirement; and specifies Application limits of an Applicant who may be under investigation, commits unsound business practices, or are alleged to have committed fraud. 713

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z Adopt CCR

Section 4970.05.2 The proposal moves and consolidates nonprofit orga- nization Application requirements from

Section 4970.05, incorporates by reference the new Grants and Cooperative Agreements Program Nonprofit Certifica- tion form as an Application requirement, and adds Au- thority and Reference

section citations. Subarticle 1. Environmental Requirements Administration Procedures Amend CCR

Section 4970.06.1 The proposal amends the

Section title, makes state- ments more specific, and makes the

section language consistent with all other sections of the CCR. Amend CCR

Section 4970.07 The proposal moves the On−line Grant Application definition and guidance to

Section 4970.01, removes redundant reference to nonprofit status and updates CCR reference, makes the

section language consistent with all sections of the CCR, including reference to doc- uments in the Appendix, and makes other grammatical changes. Amend CCR

Section 4970.07.1 The proposal clarifies the Division’s referenced web- page. Amend CCR

Section 4970.07.2 The proposal makes the

section language consistent with all sections of the CCR. Amend CCR

Section 4970.08 The proposal makes the

section language consistent with all sections of the CCR, including reference to doc- uments in the Appendix, and makes other grammatical changes; clarifies the meaning of statements within the regulatory language, and/or makes statements more specific; corrects reference to the California Depart- ment of Human Resources website; separates eligible transportation costs into nonprofit Grantees and other Grantee subsections; eliminates a nonprofit organiza- tion’s allowance for transportation costs, in excess of 100 miles, to be used as matching Grant funds; clarifies reimbursement for transportation costs for other Grantees is allowed from base of operations to the Project site; and repeals and moves eligible Equipment cost requirements for nonprofit Grantees in

Section 4970.08(b)(12), and other Grantees in

Section 4970.08(b)(13), to new Sections 4970.08.1 and 4970.08.2 respectively. Adopt CCR

Section 4970.08.1 The proposal restructures and adopts language from repealed

Section 4970.08(b)(12) into new

Section 4970.08.1 regarding eligible equipment costs for non- profit Grantees; clarifies the meaning of statements within the regulatory language, and/or makes state- ments more specific; repeals requirement that all equip- ment lists the Division as the lien holder; adopts an equipment use fee reimbursement limit for Equipment acquired with funds outside the Program; adopts a pro- vision allowing reimbursement of Equipment mainte- nance costs and repairs (with specific limitations) on Equipment acquired with Grant funds from the Pro- gram; adopts provisions allowing reimbursement of Heavy Equipment fuel costs on equipment acquired with funds outside the Program and equipment acquired with Grant funds from the Program; adopts a provision allowing reimbursement of Heavy Equipment mainte- nance costs (with specific limitations) on Heavy Equip- ment acquired with Grant funds from the Program; and adds Authority and Reference

section citations. Adopt CCR

Section 4970.08.2 The proposal adopts language regarding eligible equipment costs for Grantees excluding nonprofit Grantees; adopts a provision allowing reimbursement of equipment use fees for equipment acquired with funds outside the Program; adopts a provision allowing reimbursement of equipment fuel costs used on Project activities; adopts a provision allowing reimbursement of regular maintenance on equipment acquired with Grant funds from the Program; adopts a provision al- lowing reimbursement of equipment transportation costs from its normal storage location to the Project site; adopts a provision allowing reimbursement of equip- ment repair due to normal wear and tear of equipment provided the Grantee justifies and is approved by the Division for repairs; adopts a requirement that the cost of equipment shall not exceed the minimum require- ments for completion of the Project; and adds Authority and Reference

section citations. Amend CCR

Section 4970.09 The proposal makes the

section language consistent with all sections of the CCR; clarifies the meaning of statements within the regulatory language, and/or makes statements more specific; adds language stating purchases made and not used on the Project may be inel- igible for reimbursement; and adds Project recognition activities are ineligible for reimbursement.

Article 2. Types of Projects and Specific Application Requirements The proposal amends the

Section title. Amend CCR

Section 4970.10 The proposal adds an Acquisition Project type excep- tion for a $1,500,000 maximum funding request for that project type. Amend CCR

Section 4970.10.1 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, removes redundant language, updates CCR 714

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z reference, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.10.2 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, reorders subsections to be consistent with Sec- tions 4970.10.1 and 4970.10.2, removes redundant lan- guage, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.10.3 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, removes redundant language, reorders subsec- tion language to be consistent with similar subsections, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.10.4 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, makes the

section language consistent across all sections of the CCR, and divides subsection (e)(1) into four separated subsections. Amend CCR

Section 4970.11 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, removes redundant language, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.12 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, reorders subsection language to be consistent with similar subsections, and makes the

section lan- guage consistent across all sections of the CCR. Amend CCR

Section 4970.13 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, makes the

section language consistent across all sections of the CCR, and adds additional Application requirements for education curriculum standards.

Article 3. Application Evaluation System and Funding Amend CCR

Section 4970.14 The proposal clarifies the meaning of statements within the regulatory language and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.14.1 The proposal clarifies the meaning of statements within the regulatory language and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.14.3 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.15.1 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.15.2 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.15.3 The proposal clarifies the Division’s determination of proportional funding for law enforcement Grants. Amend CCR

Section 4970.15.4 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.17 The proposal makes the

section language consistent. Amend CCR

Section 4970.17.1 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.18 The proposal makes the

section language consistent across all sections of the CCR.

Article 4. Project Administration Procedures Amend CCR

Section 4970.19 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, makes the

section language consistent across all sections of the CCR, removes redundant

section of subsection (a), and clarifies an OHV Grant Agreement cannot be executed if any State grant refund is due to the State. Amend CCR

Section 4970.19.1 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.19.2 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, makes the

section language consistent across all sections of the CCR, and specifies a Project Cost Es- timate adjustment may be denied if the adjustment does not have prior approval by the Division. 715

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z Amend CCR

Section 4970.19.3 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and divides subsection (

b) into two separated subsections. Amend CCR

Section 4970.19.4 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.19.5 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.19.6 The proposal clarifies the meaning of statements within the regulatory language and makes statements more specific. Amend CCR

Section 4970.20 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR; requires equipment ac- quired with Grant funds from the Program is kept in Grantee’s inventory for its useful life; adopts excep- tions to the provision that equipment is only used on Projects for which it was purchased, including where equipment was partially acquired with funds outside the Program the equipment may be used for non−Project activities and where equipment is used for other OHV purposes the Grantee is required to obtain Division ap- proval for the equipment use; and repeals language per- taining to disposition of equipment no longer in usable condition and the transfer of surplus equipment and in- stead requires a Grantee to obtain written Division ap- proval prior to the disposition of any equipment, deletes reference to

Section 4870.08(13)(

B) as that subsection has been repealed. Amend CCR

Section 4970.22 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR; repeals specific record keeping requirements and replaces with a general state- ment of record keeping requirements and clarifies the requirements apply to associated Project contractors and subcontractors; adopts transportation record keep- ing requirements; specifies additional Equipment use record keeping requirements; specifies additional record keeping requirements for matching funds expen- ditures specific to volunteer logs and specifies cash val- ue for volunteer time shall be determined using the In- dependent Sector California hourly rate instead of the Grantee’s paid classification rate. Amend CCR

Section 4970.23 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.23.1 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR. Amend CCR

Section 4970.23.2 The proposal amends the

Section title, clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent with all sections of the CCR, in- cluding reference to documents in the Appendix, and makes other grammatical changes. Amend CCR

Section 4970.24.1 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, makes the

section language consistent across all sections of the CCR, and specifies required Equip- ment photographs include the OHV sticker and Vehicle Identification Number. Amend CCR

Section 4970.24.2 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR. Subarticle 1. Audits Amend CCR

Section 4970.25.1 The proposal amends the

Section title, clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR; re- peals subsection (

b) requirements and relocates and fur- ther specifies these requirements in amended renum- bered subsection (c), including additionally requiring auditor access to all Project records and interview Project staff during normal business hours; and repeals provision requiring the Department Audit Office to co- ordinate with the Division to confirm completion of Project deliverables. Amend CCR

Section 4970.25.2 The proposal clarifies the meaning of statements within the regulatory language, makes statements more specific, and makes the

section language consistent across all sections of the CCR. 716

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z Amend Grants and Cooperative Agreements Program — Appendix (Rev. 1/19) The proposal updates the Appendix version, Table of Contents, Public Review Process form, Project Accom- plishment Report — Law Enforcement form, and adopts a new Nonprofit Certification form. Comparable Federal Regulations The proposed amendments do not duplicate or con- flict with federal regulations or statutes.

Policy Statement Overview and Anticipated Benefits of the Proposed Rulemaking The overall objective of the proposed action is to im- prove the Program’s regulatory language, documents incorporated by reference, and ensure public funds are being spent wisely and within the State’s best interest in supporting motorized recreation.

These proposals, based on Division experience implementing the Pro- gram, will also reduce confusion for Applicants and Grantees and make the regulatory language concise, clear, and consistent by adopting, amending, and re- pealing Program regulations and various documents within the Appendix, incorporated by reference.

Determination of Inconsistency/Incompatibility with Existing Regulations After conducting an evaluation for any regulations related to this area, the Department has found that there are no other regulations concerning grants that support the planning, acquisition, development, maintenance, administration, operation, enforcement, restoration, and conservation of trails, trailheads, areas, and other facilities associated with the use of off−highway motor vehicles, and programs involving off−highway motor vehicle safety or education.

Therefore, the Department has determined that the proposed regulations are neither inconsistent nor incompatible with existing state regulations. FORMS INCORPORATED BY REFERENCE Grants and Cooperative Agreements Program — Appendix (Rev. 1/19) MANDATED BY FEDERAL LAW OR REGULATIONS None. OTHER STATUTORY REQUIREMENTS None. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on Local Agencies and School Districts: None. Cost to any Local Agency or School District: None. Cost or Savings to any State Agency: None.

Other Non−Discretionary Cost or Savings Imposed of Local Agencies: None. Cost or Savings in Federal Funding to the State: None. Significant Effects on Housing Costs: None. Significant Statewide Adverse Economic Impact Di- rectly Affecting Businesses, Including Ability to Com- pete: None. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department finds that jobs, at worst would not be affected, but, most likely may see an increase in the cre- ation of jobs.

Additionally, the Department finds that at worst, no new business will be created and no business will be eliminated; however, the Department finds that it is likely that private businesses may be created and/or expanded because of the proposed action. This regulatory action benefits the health and welfare of California residents by improving the funding method that assists Land Managers and partners to pro- vide recreational opportunities within the State.

This regulatory action also benefits the State’s environment by improving the funding method that supports re- source protection and Restoration activities related to OHV Recreation. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The Division is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action. BUSINESS REPORTING None. SMALL BUSINESS DETERMINATION The Department has determined there are no cost im- pacts on small businesses. Program history has shown that small businesses benefit by the Program.

Many of the Grant funds go to entities that utilize small business- 717

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z es when they purchase goods and services. The pro- posed changes will provide a more streamline and effi- cient program that should boost the ability of small business to capture revenue from the various Grantees. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Department invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation during the public comment pe- riod or at the public hearing. CONTACT PERSON(

S) Inquiries concerning the proposed action may be di- rected to: Sixto Fernandez, Grants Manager California Department of Parks and Recreation Off−Highway Motor Vehicle Recreation Division 1725 23 rd Street, Suite 200 Sacramento, CA 95816 (916) 324−1572 sixto.fernandez@parks.ca.gov. The back−up contact person regarding the proposed action is: Ethan Mathes, Compliance Officer California Department of Parks and Recreation Off−Highway Motor Vehicle Recreation Division 1725 23 rd Street, Suite 200 Sacramento, CA 95816 (916) 323−0157 ethan.mathes@parks.ca.gov.

A V AILABILITY OF STATEMENT OF REASONS, TEXT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will make the entire rulemaking available for inspection and copying throughout the rulemaking process at its office located at California Department of Parks and Recreation, Of f−Highway Motor Vehicle Recreation Division, 1725 23rd Street, Suite 200, Sacramento, CA 95816.

As of the date this Notice of Proposed Rulemaking is published in the Notice Register, the rulemaking file consists of this Notice of Proposed Rulemaking, the ex- press terms of the regulation, the Initial Statement of Reasons, any information upon which the proposed rulemaking is based, and an economic impact assess- ment contained in the Initial Statement of Reasons. Copies may be obtained by contacting the above con- tact person at the above address.

A V AILABILITY OF CHANGED OR MODIFIED TEXT After any public hearings and consideration of all timely and relevant comments received, the Depart- ment may adopt the proposed regulations substantially as described in this Notice of Proposed Rulemaking. If the Department makes substantive modifications, which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon completion, copies of the Final Statement of Reasons may be obtained by contacting Sixto Fernan- dez, Grants Manager, at the above address. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the regula- tion in underline and strikeout are available through the Division Website at www.ohv.parks.ca.gov, under the Grants link. TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 7071 and 7078 of the Fish and Game Code and to implement, interpret or make specif- ic

Section 7071 of said Code, proposes to amend sec- tions 163 and 164, Title 14, California Code of Regula- tions, relating to commercial Pacific Herring eggs on kelp regulations that implement the California Pacific Herring Fishery Management Plan (Herring FMP). 718

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW At its October 10, 2019 meeting, the Commission adopted the Herring FMP and implementing regula- tions, which included sections 163 and 164, Title 14, California Code of Regulations (CCR). Under those regulations, Pacific Herring (Herring) and Herring eggs on kelp (HEOK) may be taken for commercial purposes under a revocable permit, subject to such regulations as the Commission shall prescribe.

Current regulations in sections 163 and 164, Title 14, CCR specify the number of permits that may be held by an individual, fishing ar- eas, seasons, gear restrictions, and notification require- ments for the HEOK fishery. In response to permittee feedback on the HEOK regu- lations set forth in sections 163 and 164, Title 14, CCR, the Department of Fish and Wildlife (Department) is proposing several regulatory changes with the intent of providing for the efficient harvest and orderly conduct of the HEOK fishery.

These proposed regulatory changes include 1) permittee on board requirements, 2) adding rinsing in the definition of processing, 3) gear marking requirements, 4) noise reduction measures, 5) marine mammal deterrent devices, and 6) weekend landings requirements. No changes are proposed to the Herring FMP itself, and of the Herring FMP imple- menting regulations adopted by the Commission in Oc- tober 2019, only sections 163 and 164, Title 14, CCR are proposed for amendment. The following is a

summary of the changes proposed for sections 163 and 164, Title 14, CCR: 1. Amend subsection 163(e)(3)(

B) to modify language regarding the requirement of a permittee or authorized agent to be aboard any vessel engaged in fishing HEOK by changing the requirement to ‘immediately present during’ while harvesting, processing or transporting HEOK. 2. Amend subsection 164(

a) to modify language to clarify that the

definitions in this

section apply only to the HEOK fishery. 3. Amend subsection 164(a)(1) to add “the period during which kelp is suspended in anticipation of harvesting” to the definition of fishing, as well as itemize subsections of the definition for clarity. 4. Amend subsection 164(a)(3) to add “rinsing” to the definition of processing. 5. Amend subsection 164(d)(1)(

E) to modify light marking requirements so they only apply while lines are fishing, exclusive of suspending and harvesting kelp. 6. Amend subsection 164(d)(1)(

F) to add language to clarify the buoy marking requirement and that the Department registration number of the designated vessel is listed on the HEOK permit. 7. Amend subsection 164(

f) to modify language regarding the noise reduction rule by eliminating language that applies to gill net gear. 8. Amend subsection 164(

g) to remove “marine mammal deterrent devices”, thus allowing for reasonable action by HEOK permittees to protect marketable product. 9. Amend subsection 164(h)(4) to reinstate weekend landings of HEOK product. Editorial changes are also proposed to sections 163 and 164, Title 14, CCR, to remove the dates associated with forms DFW 1322−2, DFW 1377, and DFW 1406, as the current date of each form is already indicated in

Section 705, Title 14 CCR. Additionally, the authority and reference citations in sections 163 and 164, Title 14, CCR will be updated to remove Fish and Game Code sections 8389 and 8550, which became inoperative following the Commission’s adoption in October 2019 of the Herring FMP (per Fish and Game Code

Section 7071). Benefits of the Proposed Regulations It is the policy of the State to ensure the conservation, sustainable use, and, where feasible, restoration of Cali- fornia’s marine living resources for the benefit of all the citizens of the state.

The objectives of this policy in- clude, but are not limited to, recognizing the importance to the economy and the culture of California of sustain- able sport and commercial fisheries and the develop- ment of commercial aquaculture consistent with marine living resource conservation policies, managing marine living resources on the basis of the best available scien- tific information and other relevant information that the Commission or Department possesses or receives, and involving all interested parties, including, but not limit- ed to, individuals from the sport and commercial fishing industries, aquaculture industries, coastal and ocean tourism and recreation industries, marine conservation organizations, local governments, marine scientists, and the public in marine living resource management decisions.

In consideration of the above policy, the proposed regulatory action will benefit fishermen, processors, and the State’s economy in the form of a healthy sus- tainable fishery, future harvestable Herring popula- tions, and the removal of burdensome or unnecessary regulations that are not applicable to the HEOK fishing sector. Consistency and Compatibility with Existing Regulations The proposed regulations are neither inconsistent nor incompatible with existing State regulations.

Section 20,

Article IV , of the State Constitution specifies that 719

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z the Legislature may delegate to the Commission such powers relating to the protection and propagation of fish and game as the Legislature sees fit. The Legisla- ture has delegated to the Commission the power to regu- late the commercial take of Herring (Fish and Game Code

Section 8550), and the power to adopt fishery management plan implementing regulations (Fish and Game Code sections 7071 and 7078). No other State agency has the authority to promulgate regulations con- cerning commercial take of Herring and fishery man- agement plan implementation. The Commission has re- viewed its own regulations and finds that the proposed regulations are neither inconsistent nor incompatible with existing State regulations.

The Commission has searched the California Code of Regulations and finds no other State agency regulations pertaining to the com- mercial take of Herring and fishery management plan implementation. NOTICE IS ALSO GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held at the Holiday Inn Or- ange County Airport, 2726 S. Grand Avenue, Santa Ana, California 92705, on June 24, 2020 at 8:00 a.m., or as soon thereafter as the matter may be heard.

It is re- quested, but not required, that written comments be submitted on or before June 11, 2020 at 5:00 p.m. at the address given below, or by email to FGC@fgc.ca.gov. All comments must be received no later than June 24, 2020 at the hearing in Santa Ana, California. If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244−2090.

Availability of Documents Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov. The regu- lations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Melissa Miller−Henson, Executive Director, Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244−2090, phone (916) 653−4899.

Please direct requests for the above− mentioned documents and inquiries concerning the reg- ulatory process to Melissa Miller−Henson or David Thesell at the preceding address or phone number. Thomas Greiner, Environmental Scientist, Depart- ment of Fish and Wildlife, (707) 576−2876 or Tom.Greiner@wildlife.ca.gov has been designated to respond to questions on the substance of the pro- posed regulations.

Availability of Modified Text If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

Impact of Regulatory Action/Results of the Economic Impact Assessment The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, as the proposed regulatory changes are intended to simply provide clarification to accommodate HEOK permittee requests.

The proposed regulations will support the viability of the fishery, help improve the quality of the product, and remove or update burdensome or unnecessary regulations that are not applicable to the HEOK fishing sector. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate any impact on the creation or elimination of jobs, the creation of new businesses, the elimination of existing businesses or the expansion of businesses in California.

The Commission also does not anticipate any benefits to the health and welfare of California residents or worker safety. The proposed regulatory changes are intended to simply provide clarification to accommodate HEOK permittee requests. The proposed regulations will support the viability of the fishery, help improve the quality of the product, and 720

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z remove or update burdensome or unnecessary regulations that are not applicable to the HEOK fishing sector. The Commission anticipates some benefit to the state’s environment through the sustainable management of herring egg harvest and of kelp forest habitats to foster and support a diverse balance of species. (

c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. (

d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. Effect on Small Business It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code Sections 11342.580 and 11346.2(a)(1).

Consideration of Alternatives The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 16.

BOARD OF ACCOUNTANCY NOTICE IS HEREBY GIVEN that the California Board of Accountancy (CBA) is proposing to take the action described in the Informative Digest. Any person interested may present statements or arguments orally or in writing relevant to the action proposed at a hearing to be held at: California Board of Accountancy 2450 Venture Oaks Way, Suite 420 Sacramento, CA 95833 June 26, 2020 9:00 a.m.

Written comments, including those sent by mail, fac- simile, or e−mail to the addresses listed under Contact Person in this Notice, must be received by the CBA at its office by June 23, 2020 or must be received by the CBA at the hearing. The CBA, upon its own motion or at the instance of any interested party, may thereafter adopt the proposals substantially as described below 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 will be available for 15 days prior to its adoption from the person designated in this Notice as 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: Pursuant to the authority vested by Sections 5010, 5018 and 5116 of the Business and Professions Code 1 (BPC); and

Section 11400.20 of the Government Code (GC), and to implement, interpret, or make specific Sections 480, 481, 482, 486, 493, 5018, 5100, 5106, 5112, 5115, 5116, 5116.1, 5116.2, 5116.3, 5116.4, 5116.5 and 5116.6 of the BPC;

Section 11425.50(

e) of the Government Code, and

Section 1203.4 of the Penal Code, the CBA is considering changes to Division 1 of Title 16 of the California Code of Regulations 2 (CCR), as described herein. INFORMATIVE DIGEST A. Informative Digest The CBA is a board within the Department of Con- sumer Affairs (DCA) responsible for regulation of the public accounting practice in California. The CBA pro- 1 Unless otherwise specified, all sections refer to the Business and Professions Code. 2 Unless otherwise specified, all California Code of Regulations sections refer to title 16. 721

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z poses to amend sections 98, 99, 99.1, and 99.2 of title 16 of the CCR relating to the denial, suspension, and revo- cation of a certificate, permit or license (collectively, li- cense3) issued by the CBA and the assessment of ad- ministrative penalties for violations of the Accountancy Act. Existing law, BPC 5112, authorizes the CBA to deny a license based on the grounds described in

Section 5100. Existing law, BPC 5100, authorizes the CBA to re- voke, suspend, censure or refuse to renew a license is- sued by the CBA. Existing law, BPC

section 5116, requires the CBA to establish criteria for assessing administrative penalties for violations of the Accountancy Act. This proposal would revise CBA regulations to update the disci- plinary guidelines that establish criteria for assessing administrative penalties. GC

section 11425.50(

e) spec- ifies that a penalty may not be based on a guideline, cri- terion, bulletin, manual, instruction, order, standard of general application or other rule unless it has been adopted as a regulation. Current CBA regulation, CCR

section 98, incorporates by reference the CBA’s “A Manual of Disciplinary Guidelines and Model Disci- plinary Orders, 9 th edition, 2013” (Disciplinary Guide- lines). The CBA is proposing to amend CCR

section 98 to update its Disciplinary Guidelines. As a result of updated statutory provisions in Assem- bly Bill No. 2138 (Chiu and Low,

Chapter 995, Statutes of 2018) (AB 2318), the CBA is proposing to amend CCR sections 99 and 99.1, and adopt CCR

section 99.2. On September 30, 2018, AB 2138 was enacted, amend- ing provisions of the BPC relating to DCA boards’ au- thority to deny, revoke, or suspend a license, effective July 1, 2020. AB 2138 requires boards to amend exist- ing criteria regarding crimes substantially related to the regulated profession and rehabilitation criteria.

Currently, the CBA may deny an application for li- censure based on a conviction of a crime or act that is substantially related to the qualifications, functions or duties of a certified public accountant or public accoun- tant, with certain limitations, and suspend or revoke a li- cense on the basis that the licensee was convicted of a substantially related crime. CCR

section 99 of the CBA’s regulations includes criteria relating to the iden- tification of substantially related crimes, and CCR sec- tion 99.1 establishes criteria to evaluate a person’s reha- bilitation when considering the denial, suspension or revocation of a license. In addition, AB 2138 authorizes certain specified boards, including the CBA, to deny a license if the ap- 3 Unless otherwise expressly provided, “license” means license, certificate, registration, or other means to engage in a business or profession. (Bus. & Prof.

Code, § 23.7.) plicant was convicted of a financial crime currently classified as a felony that is directly and adversely relat- ed to the fiduciary qualifications, functions, or duties of the regulated profession. The CBA is proposing the ad- dition of CCR

section 99.2 to address the criteria for such financial crimes. B. Policy Statement Overview/Anticipated Benefits of Proposal This regulatory proposal incorporates the changes necessary to be compliant with AB 2138 and amends the Disciplinary Guidelines to provide a reference for the consistent enforcement of the laws under the CBA’s jurisdiction. The anticipated benefits of this proposal include providing clearer and updated guidance for the CBA’s licensing and disciplinary functions for protec- tion of the public. C.

Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the CBA has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor in- compatible with existing state regulations.

INCORPORA TION BY REFERENCE  Disciplinary Guidelines and Model Orders (10th edition, 2019) 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 cost is insignificant as elec- tronic distribution via the CBA’s website and email are the predominant forms of dissemination of the CBA’s regulations and Disciplinary Guidelines. A paper copy of the Disciplinary Guidelines is available only by re- quest. In addition, the CBA may be reimbursed costs for probation monitoring if included as a condition of pro- bation.

The amount reimbursed would vary based on the number of probationers with this condition of pro- bation and the actual conditions of probation being monitored by board staff. 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 Re- quire Reimbursement: None. Business Impact: The CBA has made an initial deter- mination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of Cali- 722

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z fornia businesses to compete with businesses in other states. The following studies/relevant data were relied upon in making the above determination: The CBA currently regulates approximately 108,000 licensees, including certified public accountants, public accountants, and accounting firms. This regulatory pro- posal updates the Disciplinary Guidelines, which are referenced by the CBA and Administrative Law Judges (ALJs) when imposing discipline on licensees.

There- fore, any “adverse economic impact” would only occur as the result of a disciplinary order following a formal administrative proceeding and a finding of fact affirm- ing a violation of the CBA’s laws or regulations. Any potential “adverse economic impact” may be avoided simply by complying with the law. There are several amendments to the Disciplinary Guidelines that will have minimal economic costs, specifically, the inclusion of the ethics continuing edu- cation requirement and regulatory review course that will become standard conditions of probation.

These terms are presently incorporated in the Disciplinary Guidelines as optional conditions of probation; howev- er, as these provisions are being utilized in a majority of the CBA ’s disciplinary matters, the economic costs will impact only a limited number of licensees. Cost Impact on Representative Private Person or Business: The CBA is not aware of any cost impacts that a rep- resentative private person or business would necessari- ly incur in reasonable compliance with the proposed action. Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESS The CBA has determined that the proposed regula- tions would not affect small businesses. This regulatory proposal only affects individuals with a criminal history and individuals and/or businesses (accounting firms and sole proprietors) that are disciplined for violations of the Accountancy Act and CBA Regulations.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The CBA has determined that this regulatory propos- al will not have a significant impact on the creation of jobs or new businesses or the elimination of jobs or ex- isting businesses or the expansion of businesses in the State of California.

Benefits of Regulation: The CBA has determined that this regulatory propos- al will have the following benefits to the health and wel- fare of California residents, worker safety, and state’s environment: This regulatory proposal would allow the CBA to provide clear guidance in its licensing and enforcement processes. The proposed regulations also ensure con- sumer protection by providing the CBA and ALJs with updated guidelines to reference when imposing disci- plinary action on licensees and providing standards for the consistent and appropriate enforcement of the laws under the CBA’s jurisdiction.

This regulatory proposal does not affect worker safe- ty because it has nothing to do with worker safety. This regulatory proposal does not affect the state’s environment because it has nothing to do with the environment.

CONSIDERATION OF ALTERNATIVES The CBA must determine that no reasonable alterna- tive 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 bur- densome to affected private persons than the proposal described in this Notice, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law.

Any interested person may present statements or ar- guments orally or in writing relevant to the above deter- minations at the above−mentioned hearing. INITIAL STATEMENT OF REASONS AND INFORMATION The CBA has prepared an initial statement of the rea- sons for the proposed action and has available all the in- formation upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions, any document incorporated by reference, and of the initial statement of reasons, and all of the informa- tion upon which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from the CBA at 2450 Venture Oaks Way, Suite 300, Sacra- mento, California 95833. 723

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file which is available for public inspection by contacting the per- son named below. You may obtain a copy of the final statement of rea- sons once it has been prepared, by making a written re- quest to the contact person named below or by access- ing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rule- making action may be addressed to: Name: Melissa Winchell Address: 2450 Venture Oaks Way, Suite 300 Sacramento, CA 95833 Telephone No.: 916−561−1726 Fax No.: 916−263−3673 E−Mail Address: melissa.winchell@cba.ca.gov The backup contact person is: Name: Dominic Franzella Address: 2450 Venture Oaks Way, Suite 300 Sacramento, CA 95833 Telephone No.: 916−561−4310 Fax No.: 916−263−3673 E−Mail Address: dominic.franzella@cba.ca.gov Website Access: Materials regarding this proposal can be found at: https://www.dca.ca.gov/cba/about− cba/laws−and−rules.shtml.

TITLE 20. CALIFORNIA ENERGY COMMISSION MODIFICATION OF REGULATIONS SPECIFYING ENFORCEMENT PROCEDURES FOR THE RENEWABLES PORTFOLIO STANDARD FOR LOCAL PUBLICLY OWNED ELECTRIC UTILITIES California Energy Commission Docket No. 16−RPS−03 May 2020 INTRODUCTION The California Energy Commission (CEC) proposes to modify existing regulations establishing enforce- ment rules and procedures for the Renewables Portfolio Standard (RPS) for local publicly owned electric utili- ties (POUs) under

Article 16 (commencing with

section 399.11) of

Chapter 2.3 of

Part 1 of the Public Utilities Code. The proposed action is taken under the authority of sections 25213 and 25218 (

e) of the Public Resources Code and

section 399.30 of the Public Utilities Code. The proposed regulations will implement, interpret, and make specific several provisions of Public Utilities Code sections 399.13, 399.15, 399.16, 399.18, 399.30, and 399.33. This rulemaking will update the RPS program for POUs to implement changes to RPS procurement re- quirements, optional compliance measures, reporting requirements, and special exemptions and exclusions. The rulemaking also updates other aspects of the pro- gram to facilitate implementation and improve clarity.

PUBLIC HEARINGS Lead Commissioner Workshop/Hearing The CEC’s Lead Commissioner for Renewable Ener- gy, Karen Douglas, will hold a workshop/hearing on the proposed regulations. At this time, the workshop/ hearing is expected to be held remotely, consistent with Executive Orders N−25−20 and N−29−20 and the rec- ommendations from the California Department of Pub- lic Health to encourage physical distancing to slow the spread of COVID−19. Unless the order is lifted, the public is able to participate and observe the workshop/ hearing consistent with the direction in these Executive Orders.

If anything changes and in−person attendance is allowed, an update to the meeting instructions will be 724

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 19-Z provided. Instructions for remote participation are below. June 8, 2020 10:00 a.m. Anticipated Remote Access Only Remote access is available by computer or phone via WebEx.(tm) For details, go to https://energy. webex.com/. At this workshop/hearing, any person may present oral and written comments on the proposed regulations. Persons may submit written comments as specified be- low. If possible, please submit written comments to be considered at the workshop/hearing by June 1, 2020.

The CEC appreciates receiving written comments at the earliest possible date. WebEx is the CEC’s online meeting service. When attending remotely, presentations will appear on your computer/laptop/mobile device screen, and audio may be heard via the device or telephone. Please be aware that the WebEx meeting will be recorded. WebEx tech- nical support is available at 1−866−229−3239, or you may contact the CEC’s Public Advisor’s Office at publicadvisor@energy.ca.gov, or 800−822−6228. Participation Via Computer: Go to the CEC WebEx page at https://energy.webex. com/ec.

If this event is listed, click “Join.” If not, click “Unlisted Events” on the left of the screen and enter event number 927 788 433. When prompted, enter your name and email address. A password has been added to this event. The password is: RPSregs@10. The “Join Conference” menu will offer you a choice of audio connections: 1. To call into the meeting, select “I will call in” and follow the on−screen directions. 2. International attendees, select “Global call−in number.” 3. To have WebEx call you, enter your phone number and click “Call Me.” 4.

For Internet audio: If you have a broadband connection, a headset, or a computer microphone and speakers, you may use V oIP (Internet audio). Go to the audio menu and click “Use Computer Headset,” then “Call Using Computer.” Participation Via Telephone Only: Dial 1−866−469−3239 (toll−free in the U.S. and Canada) and when prompted, enter event number 927 788 433. International callers may select a number from the WebEx International Call Number List at https://energy.webex.com/energy/globalcallin.php.

Participation V ia Mobile Device: Download the application from the WebEx Mobile site, www.webex.com/products/web−conferencing/ mobile.html. Adoption Hearing The CEC will hold a public hearing for consideration and possible adoption of the proposed regulations on the following date and time unless the CEC decides to consider changes to the Express Terms of the proposed regulations. CEC Business Meeting August 12, 2020 10:00 a.m.

Warren−Alquist State Energy Building 1516 Ninth Street Art Rosenfeld Hearing Room Sacramento, California 95814 (Wheelchair Accessible) At this adoption hearing, any person may present oral or written comments on the proposed regulations. Per- sons may submit written comments as specified below. Audio for the August 12, 2020, adoption hearing will be available by telephone and will be broadcast over the internet via WebEx. The adoption hearing may be held entirely remotely, consistent with Executives Orders N−25−20 and N−29−20, and the recommendations f