Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 50–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW DECEMBER 15, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. COMMISSION ON STATE MANDATES General Cleanup — Notice File Number Z2023–1205–02 ............................................... 1621 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–1205–11 ....................................... 1624 AMENDMENT MULTI–COUNTY: East Bay Municipal Utility District School for Integrated Academies and Technologies STATE AGENCY: California Law Revision Commission California Travel and Tourism Commission Office of Environmental Health Hazard Assessment TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Streamline — Notice File Number Z2023–1205–07 .................................................... 1625 TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Interior Quarantine Host Lists — Notice File Number Z2023–1130–01 .................................... 1626 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Oriental Fruit Fly Eradication Area — Notice File Number Z2023–1130–02 ................................ 1629 TITLE 5. BUREAU FOR PRIV ATE POSTSECONDARY EDUCATION Substantive Change of Method — Notice File Number Z2023–1205–01 .................................... 1632 TITLE 5.

DEPARTMENT OF EDUCATION/STATE SUPERINTENDENT OF PUBLIC INSTRUCTION Eligibility and Priority — Notice File Number Z2023–1205–05 .......................................... 1635 TITLE 10. HEALTH BENEFIT EXCHANGE Individual Eligibility and Enrollment Regulations — Notice File Number Z2023–1205–03 ..................... 1639 (Continued on next page)

TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITA TION Restricted Housing Units — Notice File Number Z2023–1128–04 ......................................... 1643 TITLE 16. BOARD OF PHARMACY Continuing Education — Notice File Number Z2023–1205–05 ........................................... 1646 TITLE 16. BOARD OF PHARMACY Opioid Antagonist Protocol — Notice File Number Z2023–1205–06 ....................................... 1650 TITLE 16.

BOARD OF REGISTERED NURSING Required Curriculum — Notice File Number Z2023–1205–10 ............................................ 1653 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Concurrence Request for Implementation of the San Joaquin River Restoration Program and Accompanying Hatchery and Genetic Management Plan, 2080–2023–020–04, Butte, Napa, Yolo and Fresno Counties ........................................................................ 1656 DEPARTMENT OF FISH AND WILDLIFE Concurrence Determination Number 2080–2023–018–01, Shasta and Siskiyou Counties ...................... 1656

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 1658 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1621 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. COMMISSION ON STATE MANDATES The Commission on State Mandates (Commission) proposes to adopt the regulations described below af- ter considering all comments, objections, and recom- mendations regarding the proposed action. PUBLIC HEARING The Commission has not scheduled a public hearing for this proposed action.

However, if it receives a writ- ten request for a public hearing from any interested person or their authorized representative no later than 15 days before the close of the written comment peri- od, by January 15, 2024, the Commission will conduct a public hearing on this proposed action on March 22, 2024, and will notify all persons of the date, time, and location of the hearing pursuant to Government Code

section 11346.8(a). WRITTEN COMMENT PERIOD Any interested person or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to the Commission. The comment period closes on January 29, 2024. The Commission will only consider written comments re - ceived at the Commission offices by that time. Com- menters are strongly encouraged to submit their writ- ten comments electronically, if possible (to prevent the spread of COVID–19), via the Commission website “dropbox” at: https://www.csm.ca.gov/dropbox.shtml.

Written comments may also be submitted to: Jill Magee, Program Analyst Commission on State Mandates 980 Ninth Street, Suite 300 Sacramento, CA 95814 Phone: (916) 323–3562 AUTHORITY AND REFERENCE Government Code

section 17527(

g) authorizes the Commission to adopt the proposed regulations. Ref - erence citations: Government Code sections 11123, 11346.4, 11347, 11347.1, and 17500 et seq. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Commission is a seven–member quasi–judicial body created by the Legislature to resolve disputes regarding the existence of state–mandated local pro - grams (Government Code

section 17500 et seq.) and to hear matters involving county applications for a find- ing of significant financial distress (Welfare & Institu- tions Code, § 17000.6).

The purpose of this rulemaking is to: (1) add new formatting requirements for accessibility of new fil- ings and written materials filed with the Commission; (2) clarify that firms or organizations may be a party’s designated representative; (3) clarify the Commis- sion’s regulation on holding teleconferenced meet- ings; (4) delegate authority to the executive director to deem incomplete requests to review claiming in - structions and notices of intent to join a consolidated incorrect reduction claim, withdrawn; (5) fix incorrect citations, and add or remove authority and reference citations; and (6) make minor, non–substantive edits and corrections.

Therefore, the Commission proposes revised lan- guage and citations in Articles 1, 3, 4, 5, and 7 of the California Code of Regulations, Division 2, Title 2,

Chapter 2.5, Sections 1181.2, 1181.3, 1181.13, 1183.1, 1183.5, 1183.6, 1184.1, 1185.4, 1185.6, 1187.5, 1187.7, and 1187.8 with a proposed effective date of July 1, 2024, if no public hearing is requested, or October 1, 2024, if a public hearing is requested.

Anticipated Benefits of the Proposed Regulations The proposed regulations will result in documents filed with the Commission that are more accessible for people with disabilities; make it easier on parties to work with firms or organizations to represent them in a matter without needing to file a change in represen- tation each time a different member of a designated firm or organization appears on their behalf; clarify the circumstances when the Commission may hold teleconferenced meetings and what statutes authorize them to do so; make the process for dismissing incom- plete requests to review claiming instructions or notic- es of intent to join a consolidated incorrect reduction claim after the party fails to submit a corrected filing consistent with other regulations; correct erroneous citations so the regulations refer to the relevant and current regulations and statutes; and make various mi- nor non–substantive edits for clarity.

Consistency and Compatibility with Existing State Regulations After conducting a review of existing regulations, the Commission has concluded that California Code

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1622 of Regulations, title 2, sections 1181.1 et seq., are the only regulations concerning the Commission’s pro- cess. Therefore, the proposed regulations are consis- tent and compatible with existing state regulations. DESCRIPTION OF PROPOSED REGULATIONS I. Add New Formatting Requirements for New Filings and Written Materials Filed with the Commission.

Section 1181.3 Certification, Filing, and Service of Written Materials and New Filings. The proposed amendments amend

section 1181.3 to add a new subdivision (c)(1) that imposes formatting requirements for new filings and written materials filed with the Commission for purposes of accessibil- ity; rename

section 1181.3 to reflect the additional for- matting regulations; reorder and amend the existing subdivisions (c)(1), (c)(2) and (c)(3) to reflect the addi- tion of the new language in subdivision (c)(1); and add Government Code

section 7405, which requires state entities to comply with the accessibility requirements of

section 508 of the Rehabilitation Act of 1973 and

part 1194 of Title 36 of the Federal Code of Regula - tions, as a reference to the proposed regulations. II. Allow Firms or Organizations to Be a Party’s Representative.

Section 1181.2

Definitions; and 1187.8 Representation at Hearings. The proposed amendments add language to sections 1181.2(

l) and 1187.8(

a) and (b), clarifying that a party’s designated representative can be a firm or organiza- tion, rather than just a single individual, and that when a firm or organization is the designated representative, any member of the firm or organization may act as the party’s representative without requiring the party file a new authorization. This will help to streamline the process for the claimants. III. Clarification of Teleconferencing Regulation

Section 1181.13 Commission Meeting by Teleconference. The proposed amendment adds language to

section 1181.13 clarifying that besides holding teleconferences when the Commission is unable to have a quorum meet in person, the Commission may also hold tele- conferences where a quorum meets in person at the same publicly accessible teleconference location but additional members participate remotely from remote locations not accessible to the public, as is authorized by Government Code

section 11123.2. The amend- ment also adds Government Code

section 11123.2 to the references cited for this regulation. This clarifies the circumstances in which the Commission may hold a teleconferenced meeting and what statutes allow it to do so. IV. Delegate Authority to Deem Incomplete Filings Have Been Withdrawn to the Executive Director.

Section 1184.1 Review of Office of State Controller Claiming Instructions; and

Section 1185.4 Joining a Consolidated Incorrect Reductions Claim. The proposed amendments amend sections 1184.1(

d) and 1185.4(

c) to delegate to the executive director the authority to deem an incomplete request to review claiming instructions or notice of intent to join a con- solidated incorrect reduction claim withdrawn after the claimant fails to provide a corrected request or notice within 30 days of Commission staff notifying the claimant its request or notice did not provide all required information and is considered incomplete, instead of bringing the matter to the Commission to withdraw the claim or request.

The proposed regula - tions make the process consistent with other regula- tions delegating the authority to the executive director to dismiss test claims and deem incorrect reductions claims withdrawn under the same circumstances. V. Fix Incorrect Citations and Add or Remove Authority and Reference Citations.

Section 1183.1 Test Claim Filing;

Section 1183.5 Executive Director’s Authority to Consolidate or Sever Test Claims;

Section 1183.6 Review of Completed Test Claim and Preparation of Proposed Decision;

Section 1187.5 Evidence Submitted to the Commission;

Section 1187.7 Witnesses and Subpoenas; and

Section 1187.8 Representation at Hearing. The proposed amendments fix two erroneous refer- ences to repealed Government Code sections in sec - tion 1183.1’s references note that were intended to be references to Education Code sections with the same numbering; amend sections 1183.5 and 1183.6 to cor- rect two references to mailing lists as described in these regulations that cite to the wrong regulation sec- tion; amend

section 1187.7(

d) to update a citation to the Public Records Act, which has been recently renum- bered by the Legislature and is no longer found in the referenced section; and amend the authorities and ref- erences cited for sections 1187.5 and 1187.8 to remove repealed Government Code sections and sections that were incorrectly cited as authorities, and to add Gov- ernment Code sections that give the Commission au - thority to establish procedures for hearing a specific type of matter or that are implemented, interpreted, or made more specific by these regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1623 VI. Amend Regulations to Make Minor, Non– Substantive Changes.

Section 1183.1 Test Claim Filing and

Section 1185.6 Executive Director’s Authority to Consolidate or Severe Incorrect Reduction Claims. The proposed amendments make minor non–sub- stantive amendments to improve readability to sec- tions 1183.1 and 1185.6. TECHNICAL, THEORETICAL, AND/ OR EMPIRICAL STUDY , REPORTS, OR DOCUMENTS RELIED UPON TO DEVELOP REGULATIONS In developing the proposed changes, the Commis- sion relied on the following documents: 1. Web Content Accessibility Guidelines (WCAG) 2.0, World Wide Web Consortium (W3C), https:// www . w3.org/TR/WCAG20/ (accessed June 27, 2023). 2.

PDF Techniques for WCAG 2.0, World Wide Web Consortium (W3C), https://www.w3.org/TR/ WCAG20 –TECHS/pdf (accessed July 5, 2023). 3. What Are Accessible Fonts?, Cam Weller, https://www.accessibility.com/blog/what–are– accessible–fonts November 2, 2021 (accessed July 5, 2023). The Commission also relied upon the statutes and cases cited in the authority and reference sections for the regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Commission has made the following initial determinations: Mandate on local agencies and school district: None. Cost or savings to any state agency: None.

Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Significant effect on housing costs: None.

Cost impacts on a representative private person or business: The Commission is not aware of any cost impacts that a representative private person or busi- ness would necessarily incur in reasonable compli- ance with the proposed action. Results of the Economic Impact Analysis/Assessment The Commission concludes that the proposal will: (1) not create or eliminate jobs within California; (2) not create new businesses or eliminate existing busi- nesses within California; and (3) not affect the expan- sion of businesses currently doing business within California.

Small Business Determination Because the Commission has no jurisdiction over small businesses and small businesses are not parties before the Commission, the proposed regulatory ac- tion will have no impact on 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 oth- erwise 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 or would be as effective and less burdensome to affect- ed private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Commission invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the proposed regulations during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Jill Magee, Program Analyst Commission on State Mandates 980 Ninth Street, Suite 300 Sacramento, CA 95814 Telephone: (916) 323–3562 (jill.magee@csm.ca.gov) The backup contact person for these inquiries is: Cristina Bardasu, Assistant Executive Director Commission on State Mandates 980 Ninth Street, Suite 300 Sacramento, CA 95814 Telephone: (916) 323–3562 (cristina.bardasu@csm.ca.gov) Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the ini- tial statement of reasons, the modified text of the regulations, if any, or other information on which the rulemaking is based to Ms.

Jill Magee (see contact in- formation above) or download it from the Commis-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1624 sion’s website at https://www.csm.ca.gov/rulemaking. shtml. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND FULL TEXT OF DOCUMENTS RELIED UPON The Commission will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above ad- dress.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, the initial statement of reasons, the full text of the documents relied upon, and the Commission order to initiate rulemaking proceedings. Copies may be obtained on the Commission’s website (see below) or by contacting Ms. Jill Magee (see contact information above). All persons on the Commission’s interested persons mailing list will be provided a copy of the rulemaking file by making it available on the Commission’s website and providing notice of how to locate it.

A VAILABILITY OF CHANGED OR MODIFIED TEXT AND DOCUMENTS RELIED UPON After considering all timely and relevant comments received and holding a public hearing, if necessary, the Commission may adopt the proposed regulations substantially as described in this notice. If the Com- mission makes modifications which are sufficiently re- lated to the originally proposed text, it will make the modified text (with the changes clearly indicated) and any documents relied upon available to the public for at least 15 days before the Commission adopts the reg- ulations as revised.

Please send requests for copies of any modified regulations or documents relied upon to the attention of Ms. Jill Magee (see contact informa- tion above). The Commission will accept written com- ments on the modified regulations for 15 days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons and any Documents Relied Upon may be obtained by contacting Ms. Jill Magee at the address, phone number, or email address listed above.

AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, the Full Text of Documents Re- lied Upon and the text of the regulations in underline and strikeout can be accessed through the Commis- sion’s website at https://www.csm.ca.gov/rulemaking. shtml. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit- ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: East Bay Municipal Utility District School for Integrated Academics and Technologies STATE AGENCY: California Law Revision Commission California Travel and Tourism Commission Office of Environmental Health Hazard Assessment A written comment period has been established commencing on December 15, 2023 and closing on January 29, 2024.

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

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

Section 87302, employees who must disclose

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1625 certain i nvestments, i nterests i n r eal p roperty a nd income. The E xecutive D irector o f t he C ommission, up on his or its own motion or at the request of any interested person, w ill a pprove, o r r evise a nd a pprove, o r r eturn the proposed codes to the agency for revision and re– submission within 60 days without further notice.

Any i nterested p erson m ay p resent s tatements, a r- guments o r c omments, i n w riting t o t he E xecutive Director o f t he C ommission, r elative t o r eview o f the p roposed c onflict–of–interest c odes. A ny w ritten comments m ust b e r eceived n o l ater t han J anuary 2 9, 2024. I f a p ublic h earing is t o b e h eld, o ral c omments may be presented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from c ompliance w ith t hese c odes b ecause t hese a re not n ew p rograms m andated o n l ocal ag encies b y t he codes s ince t he r equirements d escribed h erein w ere mandated b y t he P olitical R eform A ct o f 1 974. T here- fore, t hey a re n ot “ costs m andated b y t he s tate” a s d e- fined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance w ith t he c odes h as n o p otential e ffect on h ousing c osts o r o n p rivate p ersons, b usinesses o r small b usinesses. AUTHORITY Government C ode S ections 8 2011, 8 7303 a nd 8 7304 provide that the Fair Political Practices Commission as t he c ode r eviewing b ody f or t he ab ove c onflict–of– interest c odes s hall a pprove c odes a s s ubmitted, r evise the p roposed c ode a nd a pprove i t a s r evised, o r r eturn the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 pro - vide t hat ag encies s hall a dopt a nd p romulgate c onflict– of–interest codes pursuant to the Political Reform Act and a mend t heir c odes w hen c hange is n ecessitated b y changed circumstances. CONTACT Any i nquiries c oncerning t he p roposed c onflict– of–interest c odes s hould b e m ade t o D aniel V o, F air Political P ractices C ommission, 1 102 Q S treet, S uite 3000, S acramento, C alifornia 9 5811, t elephone ( 916) 323–9103.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies o f t he p roposed c onflict–of–interest c odes may b e o btained f rom t he C ommission o ffices o r t he respective agency. Requests for copies from the Com- mission s hould b e m ade t o D aniel V o, F air P olitical Practices C ommission, 1 102 Q S treet, S uite 3 000, S ac- ramento, California 95811, telephone (916) 323–9103. TITLE 2.

F AIR POLITICAL PRACTICES COMMISSION NOTICE I S H EREBY G IVEN t hat t he F air P olitical Practices C ommission ( the C ommission), u nder t he authority vested in it under the Political Reform Act (the A ct) 1 b y S ection 8 3112 o f t he G overnment C ode, proposes t o a dopt, a mend, o r r epeal r egulations i n T i- tle 2 , D ivision 6 o f t he C alifornia C ode o f R egulations.

The Commission will consider the proposed regula - tion a t a p ublic h earing o n o r a fter January 18, 2023, at t he o ffices o f t he F air P olitical P ractices C ommis- sion, 1 102 Q S treet, S uite 3 050, S acramento, C alifor- nia, c ommencing a t a pproximately 10:00 a.m. W ritten comments s hould b e r eceived a t t he C ommission o ffic- es no later than 5:00 p.m. on January 16, 2023.

BACKGROU ND/OVERVIEW The C ommission a nd s taff a re c urrently r eviewing the C ommission’s S treamline S ettlement P rogram t hat was e stablished i n M ay o f 2 015, w ith t he E nforcement Division’s i ntent t o p rosecute v iolations w ith l imited public h arm a nd a llow s taff t o f ocus r esources o n m ore egregious and intentional violations. Since the adop - tion o f t he p rogram, t he S treamline P rogram h as s ince resolved a l arge p ercentage o f ca ses b efore t he C om- mission.

I n J anuary 2 019, t he C ommission e xpanded the existing program to include several additional vio- lations 2 t o s upport t he A ct. A t t hat t ime, t he C ommis- sion delegated the approval authority of these actions to the Chief of Enforcement. In t he J anuary 2 021, t he C ommission a dopted a nd presented a proposed changes to the Streamline Pro - grams that added two more categories of violations to 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government C ode, u nless ot herwise i ndicated.

T he r egulations of the Fair Political Practices Commission are contained in Sec - tions 18110 through 18997 of Title 2 of the California Code of Regulations.

A ll r egulatory r eferences a re t o T itle 2 , D ivision 6 o f the California Code of Regulations, unless otherwise indicated. 2 T hese v iolations w ere: U nreported L obbying A ctivity, C ash Contribution o r E xpenditure o f $ 100 o r m ore, C ampaign B ank Account, C ommittee N aming, A dvertising a nd M ass M ailing Disclosure, R ecordkeeping, g ift L imit, S late M ailer O rganization Filing I ssues, P roper R ecusal o f a C onflict–of–Interest, M ajor Donor Notification.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1626 the program. 3 The addition to the Tier Two Stream - line option was added to include violations that did not q ualify f or t he fi rst t ier b ut w ould b enefit f rom a n expedited resolution. Staff h as s ince p roposed a se ries o f i mprovements with e fforts t o e xpand a nd a djust t he C ommission’s Streamline S ettlement a nd W arning L etter P rograms and include criteria for the Political Reform Education Program ( “PREP”), t o m ake t he E nforcement D ivi- sion m ore e ffective m oving f orward a nd t o i mprove the prosecution of low–level violations. REGULATORY ACTION Repeal and Adopt 2 Cal. Code Regs.

Section 18360.1 — Eligibility Requirements and Consider - ations for Campaign Violations — Streamline (Tiers One and Two), Warning Letters and the Political Re - form Education Program (PREP). Repeal and Adopt 2 Cal. Code Regs.

Section 18360.2 — Eligibility Requirements and Consider - ations for Ethics and Lobbying Violations — Stream- line (Tiers One and Two), Warning Letters and the Po- litical Reform Education Program (PREP). Repeal and Adopt 2 Cal. Code Regs.

Section 18360.3 — Penalties in Streamline Cases. In c onsidering R egulations 1 8360.1 t hrough 1 8360.3, the Commission may consider any issues pertaining to the revision of the Streamline Settlement Program in - cluding, but not limited to, the following: ● Types of violations included in the program. ● Factors f or pa rticipation i n t he p rograms s uch a s mitigating or aggravating circumstances. ● Penalty amount and structure. ● Reformatting t he r egulations t o s pecify t he t hree new Streamline Program categories of enforce - ment v iolations i ncluding m inor c ontributions limit violations,

Section 84308 violations, and re- curring c ontributions v iolations.

While n ot l imited t o t he f ollowing, c urrently p ro- posed a mendments t hat m ay b e c onsidered b y t he Commission would: ● Modify t he p opulation t hreshold t o i nclude s mall- er c ommittees w ith ca mpaigns r eporting a nd fi l- ing violations. ● Delete t he e xclusion c riteria “ Pattern o f ca m- paign statement or reports not timely filed.” ● Expand m inimal p ublic h arm c riteria w ith e xam- ples i n ca mpaign c ontext t o h elp s taff u nderstand this critical criterion. ● Remove r igid set tlement a mounts c orresponding to a certain time in the process. 3 T hese v iolations w ere: M ajor D onor F ilers, B ehested P ayment Reports. ● Remove an exclusion for when a 24–Hour Report that is fi led l ate a nd m ight h ave c hanged t he a d- vertising disclosures for top contributors. ● Include a dditional v iolations i n T ier T wo t hat would b e e xcluded c urrently a nd, t o c ompensate for t his c hange, i ncrease s ome o f t he T ier T wo penalties. ● Add when a respondent qualifies for PREP .

SCOPE The Commission may adopt the language noticed herein, o r i t m ay c hoose n ew l anguage t o i mplement its d ecision c oncerning t he is sue i dentified ab ove o r any related issue. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. None. Fiscal Impact on State Government. None. Fiscal Impact on Federal Funding of State Pro - grams. None. AUTHORITY

Section 83112 provides that the Fair Political Practices C ommission m ay a dopt, a mend, a nd r escind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE

Section 83116.5, Government Code. CONTACT Any i nquiries s hould b e m ade t o D ave B ainbridge, Fair P olitical P ractices C ommission, 1 102 Q S t., Suite 3 050, S acramento, C A 9 5811; t elephone ( 916) 322–5660 or 1–866–ASK–FPPC. Proposed regulatory language ca n b e a ccessed a t http://www.fppc.ca.gov/ the–law/fppc–regulations/proposed–regulations– and–notices.html. TITLE 3.

D EPARTMENT OF FOOD AND AGRICULTURE INTERIOR Q UARANTINE HOST LISTS The Department of Food and Agriculture (Depart - ment) p roposes t o a mend T itle 3 o f t he C alifornia Code o f R egulations ( CCR) 3 406 M editerranean F ruit Fly I nterior Q uarantine, 3 424 B actrocera z onata I nte- rior Q uarantine, 3 425 M elon F ruit F ly I nterior Q uar- antine, 3 429 S weetpotato W eevil I nterior Q uarantine,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1627 3441 Bactrocera correcta Interior Quarantine, and 3442 Malaysian Fruit Fly Interior Quarantine. PUBLIC HEARING A public hearing is not scheduled. However, a pub- lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request 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 their authorized represen- tative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email. The writ- ten comment period closes on January 29, 2024. The Department will consider only comments received at the Department offices by that date or postmarked no later than January 29, 2023.

Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 916.403.6650 Permits@cdfa.ca.gov Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Rachel Avila at (916) 698– 2947 or rachel.avila@cdfa.ca.gov. Unless there are substantial changes to the proposed regulations prior to amendment, the Department may adopt the proposal as set forth in this notice without further notice to the public.

Following the public hear- ing, if one is requested, or following the written com- ment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth without further notice. AUTHORITY The Department proposes to amend Sections 3406, 3424, 3425, 3429, 3441, and 3442 pursuant to the au- thority vested by Sections 407, 5301, 5302, and 5322 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 401.5, 407, 5301, 5302, and 5322 of the FAC.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of the proposed amendment of the regulations 3406, 3424, 3425, 3429, 3441, and 3442 will remove the host lists of these species and direct the public to the host lists in the corresponding Eradication Area regulations. No species are being removed or added, the only change is that the Host lists will no longer be double listed within the CCR as they currently are in the Interior Quarantine and Eradication Area regulations.

This duplication of the list means two regulations need to be updated when this happens, and in the past some regulations have fallen out of sync as only one was updated. The Department is proposing to remove one of the duplicates that are applicable to each pest and instead include text that directs the public to a single host list for each pest. By only having the hostlist in one loca - tion the potential for this error is eliminated. EXISTING LAWS AND REGULATIONS Existing law, FAC

Section 401.5, states that the de- partment shall seek to protect the general welfare and economy of the state and seek to maintain the eco- nomic well–being of agriculturally dependent rural communities in this state. Existing law, FAC

Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code which the Secretary is directed or authorized to ad- minister or enforce. Existing law, FAC

Section 5301, provides that the Secretary may establish, maintain, and enforce such quarantine regulations as they deem necessary to pro - tect the agricultural industry of this state from pests. The regulations may establish a quarantine at the boundaries of this state or elsewhere within the state. Existing law, FAC

Section 5302, provides that the Secretary may make and enforce such regulations as they deem necessary to prevent any plant or thing which is, or is liable to be, infested or infected by, or which might act as a carrier of, any pest, from passing over any quarantine line which is established and pro- claimed pursuant to this division. Existing law, FAC

section 5322, provides that the Secretary may establish, maintain, and enforce quar- antine, eradication, and such other regulations as are in her opinion necessary to circumscribe and exter- minate or prevent the spread of any pest which is de - scribed in FAC

section 5321. Existing law, FAC, 5761, provides that the regula- tions which are adopted pursuant to

Article 2 (com - mencing with

Section 5321) of

Chapter 5,

Part 1 of this division may proclaim any portion of the state to be

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1628 an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest.

Existing law, 5762, provides that any pest with respect to which an eradication area has been pro- claimed, and any stages of the pest, its hosts and car- riers, and any premises, plants, and things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. Existing law, 5763, provides that the director, or the commissioner acting under the supervision and direc - tion of the director, in a

summary manner, may disin- fect or take such other action, including removal or de- struction, with reference to any such public nuisance, which he thinks is necessary. Existing law, 5764, provides that if an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such spe- cies is involved, the director may enter into an agree- ment with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment.

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT The implementation of these regulations will help prevent potential confusion when the host lists need to be amended in the future.

Having functional accurate hosts list will help prevent the spread of pests within California, which will prevent: ● direct damage to the agricultural industry grow- ing host fruits ● indirect damage to the agricultural industry growing host fruits due to the implementation of quarantines by other countries and loss of export markets ● increased production costs to the affected agricul- tural industries ● increased pesticide use by the affected agricultur- al industries ● increased costs to the consumers of host fruits ● increased pesticide use by homeowners and others ● the need to implement a state interior quarantine ● the need to implement a federal domestic quarantine There are no existing, comparable federal regula- tions or statute.

There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION 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 Sections 3406, 3424, 3425, 3429, 3441, and 3442 and has determined that they are not incon - sistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the State: None. Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative person or business would neces- sarily incur in reasonable compliance with the pro- posed action.

Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential. The Department makes the initial determination that the proposed ac- tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None.

Small business determination: The proposed action will not affect small business because compliance ac- tivities are currently being performed by existing staff throughout quarantine areas within the state without any impact on small business.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1629 RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the Sections 3406, 3424, 3425, 3429, 3441, and 3442 amendment (1) will have no significant impact on the creation or elimination of jobs in the state of California, (2) will have no impact on the creation or elimination of busi- nesses within the state of California, (3) will have no impact on the expansion of businesses within the state of California, (4) is expected to benefit the health and welfare of California residents, (5) is expected to ben- efit the state’s environment, and (6) is not expected to harm or benefit workers’ safety.

The health and welfare of California residents: The proposed action will benefit the health and wel- fare of California residents as programmatic delays create a higher risk that the pests could spread into the local environment via the surrounding non– agricultural ecosystems. This leads to increased costs to the consumers of host materials and increased pes - ticide usage. The state’s environment: The proposed action will benefit the environment as programmatic delays cre- ate a higher risk that the pests could spread into the lo- cal environment via the surrounding non–agricultural ecosystems.

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 effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to pres - ent alternatives during the written comment period.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail- able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob- tained upon request.

The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea- sons will be available upon request. Requests should be directed to the contact named herein. A VAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de- scribed in this notice.

If the Department makes modi- fications which are sufficiently related to the original- ly 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. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture (Depart - ment) proposes to revise Title 3 of the California Code of Regulations (CCR)

Section 3591.2 pertaining to the Oriental Fruit Fly (OFF) Eradication Area. PUBLIC HEARING A public hearing is not scheduled. However, a pub- lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request 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 regulations to the Department. Comments may be submitted by USPS, FAX or email.

The writ- ten comment period closes on January 29, 2024. The Department will consider only comments received at

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1630 the Department offices by that date or postmarked no later than January 29, 2024. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture 1220 N Street Sacramento, CA 95814 Permits@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Dean Kelch at (916) 261– 9252 or dean.kelch@cdfa.ca.gov, FAX number (916) 651–2900.

Unless there are substantial changes to the proposed regulations prior to adoption, the Department may adopt the proposal as set forth in this notice without further notice to the public. Following the public hear- ing, if one is requested, or following the written com- ment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth without further notice. AUTHORITY The Department proposes to amend

Section 3591.2 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code. REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5761, 5762, 5763 and 5764 of the Food and Agricultural Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of amending California Code of Regulations (CCR) 3591.2 Oriental Fruit Fly Erad- ication Area is to expand the eradication area for the Oriental fruit fly (OFF) in California to include Fresno County.

This will allow targeted actions for eradication of OFF in Fresno County, if necessary, and reduce the chance of allowing natural and artificial dispersal and the subsequent spread of the pest in California. Any necessary eradication and quarantine actions taken by the Department will be in cooperation with the USDA and the affected county agricultural commissioners. EXISTING LAWS AND REGULATIONS Existing law, FAC

Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code that the Secretary is directed or authorized to admin- ister or enforce. Existing law, FAC

Section 5321, provides that the Secretary is obligated to investigate the existence of any pest that is not generally distributed within this State and determine the probability of its spread, and the feasibility of its control or eradication. Existing law, FAC

Section 5322, provides that the Secretary may establish, maintain, and enforce quar- antine, eradication, and such other regulations as are in her opinion necessary to circumscribe and extermi- nate or prevent the spread of any pest that is described in FAC

Section 5321. Existing law, FAC

Section 5761, provides that the Secretary may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest. Existing law, FAC

Section 5762, provides that the Secretary may proclaim any pest with respect to which an eradication area has been proclaimed, and any stag- es of the pest, its hosts and carriers, and any premises, plants, and things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. Existing law, FAC

Section 5763, provides that the Secretary, or the commissioner acting under the su- pervision and direction of the director, in a

summary manner, may disinfect or take such other action, in- cluding removal or destruction, with reference to any such public nuisance, which he thinks is necessary. Existing law, FAC

Section 5764, provides that if an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment.

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT This regulation will benefit the nuts, dates, and ber- ries (nursery, fruit for domestic use and exports, pack- ing facilities) and the environment (urban landscapes) by expanding the geographic scope of an eradication program to prevent the artificial spread of the OFF over short and long distances. This amendment provides the necessary regulatory authority to prevent the artificial spread of a serious insect pest which is a mandated statutory goal.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1631 There is no existing, comparable federal regulations or statute regulating the intrastate movement of OFF. There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg- ulations addressing OFF, and it found that these are the proposed amendments are the only regulations dealing with this subject, and the Department is the only State agency which can designate these eradi - cation areas for plant pests. As required by Govern- ment Code

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

Section 3591.2 and has determined that it is not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: Compliance ac- tivities are currently being performed by existing state staff throughout quarantine areas within the State. The Department is currently monitoring for fruit flies, and thus there is no change to the cost due to these regula- tions. The Department has determined that no savings or increased costs to any state agency and no costs or savings in federal funding to the State will result from the amendment of

Section 3591.2. The amend - ment of this regulation would have no fiscal impact on the Department. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscretionary costs or savings to local agencies or school districts. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The amendment of

Section 3591.2 will pro- vide authority for the Department to conduct eradica - tion activities against O F F in Fresno County and there are no known private sector cost impacts. The agency is not aware of any cost impacts that a representative person or business would necessarily incur in reason- able compliance with the proposed action. Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential.

The Department makes the initial determination that the proposed ac- tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None. Small business determination: The proposed action will not affect small business because compliance ac- tivities are currently being performed by existing state staff throughout quarantine areas within the State without any impact on small business. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the

Section 3591.2 amendment (1) will have no significant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the State of Califor- nia, (3) will have no impact on the expansion of busi- nesses within the State of California, (4) is expected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environment, and (6) is not expected to benefit workers’ safety.

The health and welfare of California residents: The proposed action will benefit the health and welfare of California residents by preventing increased costs to the consumers of host materials and increased pesti - cide usage. The state’s environment: The amendment of this regulation benefits the environment (urban land- scapes) by providing the Department an eradication program to prevent the artificial spread of the O F F over short and long distances.

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 effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost–effective to affected pri-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1632 vate persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to pres - ent alternatives during the written comment period. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail- able all the information upon which its proposal is based and the express terms of the proposed action.

The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob- tained upon request. The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea- sons will be available upon request. Requests should be directed to the contact named herein.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de- scribed in this notice. If the Department makes modi- fications which are sufficiently related to the original- ly 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.

Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 5.

BUREAU FOR PRIVATE POSTSECONDARY EDUCATION SUBSTANTIVE CHANGE APPROVAL NOTICE IS HEREBY GIVEN that the Bureau for Private Postsecondary Education (hereinafter “Bu - reau”), Department of Consumer Affairs, is proposing to take the action described in the Informative Digest. The Bureau has not scheduled a public hearing on this proposed action. However, the Bureau will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au- thorized representative, no later than 15 days prior to the close of the written comment period.

A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this Notice. Written comments, including those sent by mail, facsimile, or email to the addresses listed under Con- tact Person in this Notice, must be received by the Bu- reau at its office no later than 5:00 p.m. on Tuesday, January 30, 2024, or must be received by the Bureau at the hearing, if one is held.

The Bureau, upon its own motion or at the instance of any interested par - ty, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently 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 CITATION Authority cited: Sections 94803 and 94895 of the Education Code. References cited: Sections 94893, 94894, 94895, 94896, and 94930.5 of the Education Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In 2021 the legislature passed, and the Governor signed, SB 802 (Roth,

Chapter 552, Statutes of 2021). Education Code

section 94894, which defines what a “substantial change” that requires Bureau pre– approval is, was amended to add four new provisions requiring institutions to apply for approval. The four changes that an institution must now seek Bureau ap- proval for are:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1633 ● An increase or decrease of 25 percent or more in the number of clock hours or credit hours re- quired for successful completion of the program; ● Participation in federal student financial aid pro- grams authorized by Title IV of the federal High- er Education Act of 1965, as amended (20 U.S.C.

Section 1070 et seq.); ● A change in the academic measurement of an educational program from clock hours to credit hours; ● A change in the distance education learning man- agement system. The proposed regulations will enact the fourth of the added

definitions, a change in the distance education learning management system, while the other three were addressed in prior regulatory proposals.

The proposed regulation directs institutions seeking to ap- ply for a substantive change in the distance education learning management system to fill out the existing Substantive Change in Method of Instruction Delivery form, (Application for Significant Change in Method of Instructional Delivery or Change in Distance Edu - cation Learning Management System (Form INS rev. 8/23) (revised August 2023)) which is being revised in this proposal and is incorporated by reference.

Anticipated Benefits of Proposal The specific benefit anticipated from the proposed regulation is to have the Bureau’s regulations conform to existing statutory language. The terms of SB 802 became effective on January 1, 2022, and in order to implement the law the Bureau must provide institu - tions with guidance on the proper way to apply for pre–approval for the newly defined substantive chang- es and provide institutions with forms that give the Bureau the information it needs to properly decide whether to approve the changes or not.

Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the Bureau has conducted a search of any similar regulations on this topic and has con - cluded that these regulations are neither inconsistent nor incompatible with existing state regulations. Fiscal Impact Estimates Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Fed- eral Funding to the State: Costs: The Bureau estimates 14 applications per year (six from accredited institutions and eight from unaccredited institutions).

The Bureau estimates (absorbable) workload costs ranging from $8,977 to $10,033 per year and up to $88,150 over a ten–year period. The Bureau notes, year–one includes one–time im- plementation workload costs to update the notification forms and post them on the Bureau’s website. Revenues: Approximately $5,500 in additional rev- enue will be collected by the Bureau per year, coming from 6 additional applications from accredited institu- tions at $250 per application, and 8 applications from unaccredited institutions at $500 per application.

The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which

section 17561–17630 Require Reimbursement: None. Business Impact: The Bureau estimates that each year 6 accredited institutions and 8 unaccredited insti- tutions will have to file with the Bureau because of a change in their Distance Education Learning Manage- ment System, which will impose filing fees and work- load costs. Accredited institutions file a shorter form and pay a smaller filing fee than unaccredited schools, because they are reviewed and approved by an accred- iting agency and therefore require less oversight than unaccredited institutions.

The Bureau estimates that the 6 accredited schools filing with the Bureau per year will each have $75 in workload costs, with an additional cost of $250 to file the form with the Bureau, for a total of $325. An esti- mated 8 unaccredited institutions filing per year will have an estimated cost to fill out the form of $400, with a filing fee of $500, for an estimated cost of $900 per institution. This will produce an economic impact of $9,150 per year, for a cumulative total of $91,500 over a ten–year period. Impact on Jobs/New Business: None.

Cost Impact on Private Person or Business: Based on recent experience, the Bureau does not believe that there will be many institutions submitting applications for the substantive change due to a change in their dis- tance education learning management system. The Bureau estimates 14 institutions will file an application for a Substantive Change in Distance Ed- ucation Learning Management System per year.

An estimated six accredited institutions will submit an application each year, with a workload cost of $75 (one and a half hours of workload at $50 per hour) and an application fee of $250 for a total economic impact of $325 per institution. An estimated 8 unaccredited in- stitutions will submit an application each year, with a workload cost of $400 (8 hours of work at $50 per hour) and an application fee of $500 for a total eco- nomic impact of $900 per institution. The total economic impact will be $9,150 per year and up to $91,500 over a ten–year period.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1634 Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Bureau has determined that the proposed regu - lations will not affect small businesses. The reporting requirement will affect very few businesses and the cost will be small. Business Reporting: The proposed regulations do not require a report to be made.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Bureau has determined that this regulatory pro- posal will not have a significant impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the state of California. Benefits of Regulation: The proposed regulation will benefit the health and welfare of California residents by bringing the Bureau to be into compliance with the CEC by allowing insti- tutions to report a newly enacted addition to the list of Substantive Changes to the Bureau.

This proposal is not anticipated to benefit worker safety or the state’s environment. Economic Impact Declaration The Bureau for Private Postsecondary Education declares that this regulation proposal will not have a significant, statewide adverse economic impact direct- ly affecting businesses, including the ability of Cali- fornia businesses to compete with businesses in other states.

CONSIDERATION OF ALTERNATIVES The Bureau must determine that no reasonable alter- native it considered to the regulation or that has other- wise been identified and brought to its attention would either be more effective in carrying out the purpose for which the action is proposed or would be as effec- tive and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

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

TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and the initial statement of reasons, and all of the in- formation upon which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from the Bureau for Private Postsecondary Education, P .O. Box 980818, West Sacramento, CA 95798–0818.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All information upon which the proposed regu - lations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. Y ou can obtain a copy of the final statement of rea- sons once it has been prepared, by making a written request to the contact person named below or by ac- cessing the website listed below. CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: David Dumble Address: P.O.

Box 980818 West Sacramento, CA 95798–0818 Telephone Number: (279) 895–6091 Fax: (916) 263–1897 Email Address: David.Dumble@dca.ca.gov The backup contact person is: Name: Yvette Johnson Address: P.O. Box 980818 West Sacramento, CA 95798–0818 Telephone Number: (279) 895–6099 Fax: (916) 263–1897 Email Address: Yvette.Johnson@dca.ca.gov Website Access: The Bureau’s website is: http://bppe.ca.gov. Materi- als regarding this proposal can be found at http://bppe. ca.gov/lawsregs/current.shtml. An archive of the Bu - reau’s prior regulatory actions can be found at http:// bppe.ca.gov/lawsregs/archive.shtml.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1635 TITLE 5. DEPARTMENT OF EDUCATION/STATE SUPERINTENDENT OF PUBLIC INSTRUCTION ELIGIBILITY AND PRIORITY IN THE STATE PRESCHOOL PROGRAM NOTICE IS HEREBY GIVEN that the State Su - perintendent of Public Instruction (SSPI) proposes to adopt the regulations described below after consider- ing all comments, objections, or recommendations re- garding the proposed action.

The SSPI invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. PUBLIC HEARING The California Department of Education (CDE) staff, on behalf of the SSPI, will hold a virtual public hearing at 9:00 a.m. on January 30, 2024.

Any interested person may participate in the virtual public hearing via a videoconference in Zoom by log- ging in per the following instructions: ● Click the following link or paste the link into the browser to join the meeting and enter the passcode: https://us02web.zoom.us/j/83223181040 Meeting ID: 832 2318 1040 Passcode: 264192 ● To connect with audio only and no video, call one of the following telephone numbers and enter the meeting ID and passcode: +1 669 900 6833 US (San Jose) +1 213 338 8477 US (Los Angeles) Meeting ID: 832 2318 1040 Passcode: 264192 Persons intending to attend the Zoom meeting may check their computers by: ● Clicking on the test link: https://zoom.us/test ● For any issues regarding connecting with Zoom, go to https://support.zoom.us/hc/en–us for assistance.

At the hearing, any person may present statements or arguments, orally or in writing, relevant to the pro- posed action described in the Informative Digest. The SSPI requests, but does not require, that persons who make oral comments at the public hearing also sub- mit a written

summary of their statements. No oral statements will be accepted subsequent to this public hearing. REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Un- ruh Civil Rights Act, any individual with a disabili- ty who requires reasonable accommodation to attend or participate in a public hearing on proposed regu- lations, may request assistance by contacting Amira Elmallah, Early Education Division, 1430 N Street, Suite 3410, Sacramento, CA, 95814 or by telephone at 916–445–7349.

It is recommended that assistance be requested at least two weeks prior to the hearing. WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to: Lorie Adame, Regulations Coordinator Administrative Support and Regulations Adoption Unit California Department of Education 1430 N Street, Suite 5319 Sacramento, CA 95814 Comments may also be submitted by facsimile (FAX) at 916–322–2549 or by email to regcomments@ cde.ca.gov. Comments must be received by the Regulations Co- ordinator prior to or on January 30, 2024.

All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act. AUTHORITY AND REFERENCE Authority: sections 8207, 8208, 8213.5, 8217, 8231, 8242, and 8247, Education Code. References: sections 8202, 8203, 8205, 8207, 8208, 8210, 8211, 8213, 8213.5, 8217, 8224, 8231, 8232, 8242, 8244, 8245, 8247, 8249, 8252, 8253, 8314, 8332, 48000, 56026, 56040, and 56443, Education Code; Sections 16500.5 and 16506, Welfare and Institutions Code; and 45 Code of Federal Regulations

Part 130. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Department of Education (CDE) has administered subsidized early education services since the Child Care and Development Services Act (Act) was established in 1980,

chapter 2 of

part 6 of the Education Code (EC), starting at

section 8200 et seq. The intent of the Act is that qualified subsidized early education services be provided to children and fami- lies meeting the eligibility criteria established under

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1636 the Act. This became known as the Early Education Act in 2021. The California State Preschool Program (CSPP) as established by EC

section 8207, provides three– and four–year–old children with a developmentally appro- priate program designed to facilitate their transition to kindergarten. This program includes education, devel- opment, health services, social service, nutritional ser- vice, parent education and participation, evaluation, and staff development.

On June 30, 2022, the Governor signed the fiscal year 2022–23 Budget Trailer Bill for the Early Educa- tion Act, AB 210, which amended EC sections 8205, 8208, 8210, 8211, 8213, and 8244 to change contractor requirements regarding non–countable income, the income threshold for eligibility, eligibility categories, priority for services and serving children with disabil- ities in the CSPP. On September 27, 2022, the Governor signed AB 185 (Statutes of 2022,

Chapter 571), which amended EC sections 8208, 8210, and 8211 to provide addition- al clarification on contractor requirements regarding eligibility, priority for services, and serving children with disabilities in CSPP .

AB 210 amended EC sections 8210 and 8211, which made the following changes for CSPP programs effec- tive July 1, 2022: ● All families enrolled, or beginning services, on or after July 1, 2022, shall receive 24 months of eligibility as described in the directive below. ● The income eligibility threshold has been in- creased from 85 percent of the State Median In - come (SMI) to 100 percent of the SMI. ● Three– and four–year–old children are eligible for CSPP services if the child has exceptional needs, as defined in the EC

section 8205. ○ Only the children in the family who are chil- dren with exceptional needs may be enrolled under this eligibility criteria. Any other child in the family without exceptional needs may be enrolled pursuant to any of the other eli- gibility criteria. ○ NOTE: Children with exceptional needs are also known as children with disabilities. The language in this MB refers to children with exceptional needs to align with the statuto - ry definition in EC.

However, to align more closely with special education law and pro - grams, the CDE encourages contractors to describe these children as children with dis- abilities at the local level in implementation. ● CSPP priorities for services have been added for children with exceptional needs, Transition- al Kindergarten (TK) and kindergarten (

K) age children enrolling in extended learning and care in part–day CSPP , and children from families with incomes that are no more than 15 percent above the income threshold in full–day CSPP . ● The following types of income shall not be in- cluded as income for purposes of determining el- igibility for CSPP pursuant to EC

section 8213: ○ Payments made on behalf of a child pursu- ant to

Section 11460, 11461.3, 11461.36, or 11461.4 of the Welfare and Institutions Code (WIC). ○ Guaranteed income payments received by an individual. “Guaranteed income pay - ments” mean unconditional, recurring, reg- ular cash payments, whether publicly or pri- vately funded, that are intended to support the basic needs of eligible recipients, includ- ing, but not limited to, payments provided through pilot programs and projects receiv- ing funding from the California Guaranteed Income Pilot Program (Chapter 16 (com - mencing with

Section 18997) of

Part 6 of Di- vision 9 of WIC). AB 185 amended EC sections 8210 and 8211, which made the following changes for CSPP programs effec- tive September 27, 2022: ● CSPP Neighborhood School eligibility, pursu- ant to EC

section 8217, whereby a state preschool site within the attendance boundary of a public elementary school, except a charter or magnet school, where at least 80 percent of enrolled pu- pils are eligible for free or reduced–priced meals (FRPM), may enroll children that live within the attendance area, is now open for three–year–old children as well as four–year–old children. ● Families with incomes that are up to 15 percent over the income threshold are now eligible for full–day CSPP. No more than 10 percent of the total contract may be children enrolled under this provision.

These families are still required to have a need for services. AB 210 and AB 185 authorized the State Superin- tendent of Public Instruction (SSPI) to provide guid- ance and instruction to implement EC sections 8208, 8210 and 8211 through a Management Bulletin (MB) on or before December 1, 2022, pending initiation of the regulatory process, which must occur no later than December 31, 2023. The CDE released guidance on these topics in MB 23–01 and MB 23–02. On September 30, 2022, the Governor signed SB 1047 (Stats. 2022,

chapter 923) and AB 321 (Stats. 2022,

chapter 903), which changed priorities for en- rollment and eligibility beyond the changes in AB 185. As a result, the following changes took effect January 1, 2023:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1637 ● Children from families in which the primary home language is a language other than English, when two or more families have the same income rank on the Income Ranking Table will be priori- tized for services. ● Families who have a member of its household who is certified to receive benefits from Medi–Cal, CalFresh, the California Food Assistance Pro- gram, the California Special Supplemental Nutri- tion Program for Women, Infants, and Children, the federal Food Distribution Program on Indi- an Reservations, Head Start, Early Head Start, or any other designated means–tested government program, as determined by the department, will have categorical eligibility as of January 1, 2023.

At this time, the CDE has designated The Cal- ifornia Work Opportunity and Responsibility to Kids (CalWORKs) as an additional means–tested government program. Children eligible for ser- vices pursuant to this subparagraph shall be pri- oritized by the income declared on the applica- tion for the means–tested government program. SB 1047 authorized the State Superintendent of Public Instruction (SSPI) to provide guidance and instruction to implement EC

section 8213.5 through issuance of guidance of other written directives. The CDE released guidance on these topics in MB 23–01. On July 10, 2023, the Governor signed SB Num- ber 116 (Stats. 2023,

chapter 41) which, among other things, eliminated the third priority for services that gave four–year–old children enrolled in a state–fund - ed transitional kindergarten program priority over three–year–old children and revised the remaining priorities accordingly. On September 13, 2023, the Governor signed SB 140 (Stats. 2023,

chapter 193) and SB 141 (Stats. 2023,

chapter 194), which among other things, delineated part–time preschool services as fewer than 25 hours per week and full–time services as 25 hours or more per week for reimbursement purposes and amended the priority language in EC sections 8210 and 8211, changing the reference from children from families whose primary language is a language other than En - glish to dual language learners.

Policy Statement Overview The objective of these proposed regulations includes fulfilling the Legislature’s directives in AB 210, AB 185, SB 1047, AB 321, SB 140, SB 141, and SB 116 to amend requirements pertaining to eligibility, priority, serving children with disabilities, and non–countable income for purposes of CSPP eligibility for. These proposed regulations will align the regulations to cur - rent law ensuring more efficient administration of the CSPP.

Anticipated Benefits of the Proposed Regulation The benefit of enacting the proposed regulations will align the Title 5 regulations with the statutory changes from AB 210 (Stats. 2022,

chapter 62), AB 185 (Stats. 2022,

chapter 571), and SB 1047 (Stats. 2022,

chapter 923) on eligibility, priority and serving children with disabilities in the California State Preschool Program. This regulation package will further clarify the differ- ences in which regulations are applicable for full–day and part–day CSPP. These regulations will achieve clarity, consistency, and efficient administration of the CSPP for contractors. Evaluation of Inconsistency/Incompatibility with Existing State Regulations An evaluation of the proposed regulations has de - termined they are not inconsistent/incompatible with existing regulations, pursuant to Government

section 11346.5(a)(3)(D). After conducting a review of any regulations that would relate to or affect this area of law, the SSPI has concluded that these are the only regulations that concern the Eligibility and Priority for the California State Preschool Program. DISCLOSURES REGARDING THE PROPOSED ACTION/ FISCAL IMPACT The SSPI has made the following initial determinations: Other statutory requirements: There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations or class of regulations. Mandate on local agencies and school districts: None.

Costs to any local agencies or school districts for which reimbursement would be required pursuant to

Part 7 (commencing with

section 17500) of division 4 of the Government Code: None. Cost or savings to any state agency: None. Other non–discretionary costs or savings imposed on local agencies, including local educational agen- cies: None. Costs or savings in federal funding to the state: None. Effect on housing costs: 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 SSPI is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Report required: The proposed regulations do not require a report to be made.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1638 Effect on small businesses: The proposed regula- tions would not have an effect on any small business because they are only relevant to California State Pre- school Programs contracted through the CDE. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment — Gov. Code

Section 11346.5(a)(10): The SSPI concludes that it is unlikely that these proposed regulations will: 1) create or eliminate jobs within California; 2) create new businesses or elimi- nate existing businesses within California; or 3) affect the expansion of businesses currently doing business within California. Benefits of the Proposed Action: The proposed regu- lations will benefit children and families in California as they take advantage of high–quality early education programs guided by these proposed regulations. The proposed regulations are not expected to affect work - er safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

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

CONTACT PERSONS Inquiries concerning the content of these proposed regulations should be directed to: Danielle Davis, Child Development Consultant Early Education Division California Department of Education 1430 N Street, Suite 3410 Sacramento, CA 95814 Telephone: 916–322–4883 Email: ddavis@cde.ca.gov Inquiries concerning the regulatory process may be directed to Lorie Adame, Regulations Coordinator, or the backup contact person, Gerri White, Regulations Analyst. The Regulations Coordinator and the Regula- tions Analyst may be reached by email at regulations@ cde.ca.gov or by telephone at 916–319–0860.

AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND INFORMATION As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulations, the Initial State- ment of Reasons (ISOR) and Fiscal and Economic Impact Statement (STD. 399). These documents upon which the proposed action is based may be obtained upon request from the Regulations Coordinator. In ad- dition, this Notice, the text of the proposed regulations and the ISOR may also be viewed on CDE’s website at http://www.cde.ca.gov/re/lr/rr/.

A VAILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SSPI may adopt the proposed regulations substantially as described in this Notice or may modify the proposed regulations if the modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified regulation will be available to the public for at least 15 days prior to its adoption from the Regulations Coordinator and will be mailed to those persons who submit written comments related to this regulation, or who provide oral testimony at the public hearing, or who have requested notification of any changes to the proposed regulations. The CDE will accept written comments on the modified regulations for 15 days af- ter the date on which they are made available.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE Y ou may obtain a copy of the Final Statement of Reasons, once it has been finalized, by making a writ- ten request to the Regulations Coordinator. All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the Regulations Coordinator.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1639 AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications highlighted, as well as the Final Statement of Reasons, when completed, and modified text, if any, can be accessed via the CDE’s website at http://www.cde.ca.gov/re/lr/rr/. TITLE 10.

HEALTH BENEFIT EXCHANGE INDIVIDUAL ELIGIBILITY AND ENROLLMENT REGULATIONS The California Health Benefit Exchange/Covered California (the Exchange) Board proposes to adopt the regulations described below after considering all comments, objections, and recommendations regard- ing the proposed action. PUBLIC HEARING The Exchange has not scheduled a public hearing on this proposed action.

However, the Exchange will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au- thorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep- resentative, may submit written comments relevant to the proposed regulatory action to the Exchange. The written comment period closes at 5:00 p.m. on Janu- ary 30, 2024 (45 days after the published date). The Exchange will consider only comments received at the Exchange’s office by that time.

Submit written com- ments to: Faviola Ramirez Adams Regulations Coordinator California Health Benefit Exchange 1601 Exposition Boulevard Sacramento, CA 95815 Comments may also be submitted by facsimile (FAX) at 916–228–4468 or by email to regulations@ covered.ca.gov. AUTHORITY AND REFERENCE Government Code

Section 100504(a)(6) authorizes the Exchange Board to adopt rules and regulations, as necessary. The proposed regulations implement, inter- pret, and make specific sections 15438 and 100500 of the Government Code; sections 1346.2 and 1366.6 of the Health and Safety Code; and sections 10112.3 and 10112.4 of the Insurance Code. They also implement, interpret, and make specific the policies and require- ments of the federal Patient Protection and Affordable Care Act of 2010 (Public Law 111–148), as amended by the federal Health Care and Education Reconcilia- tion Act (Pub. L. 111–152) and Title 45, Code of Fed- eral Regulations (CFR)

section 155.10 and following.

SUMMARY OF EXISTING LAWS Under the federal Patient and Protection and Afford- able Care Act (ACA), each state is required, by Janu- ary 1, 2014, to establish an American Health Benefit Exchange that makes available qualified health plans to qualified individuals and small employers. State law, the California Patient Protection and Affordable Care Act (Gov. Code, § 100500 et seq.), established the California Health Benefit Exchange within state government, and it specifies the powers and duties of the executive board of the Exchange.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW AND EFFECT OF THE REGULATIONS In the spring of 2010, President Obama signed fed- eral healthcare reform legislation, the Affordable Care Act (ACA) (ACA refers to the Patient Protection and Affordable Care Act of 2010 (Pub. L. 111–148), as amended by the Health Care and Education Reconcil- iation Act of 2010 (Pub. L. 111–152). The ACA provides the authority and establish- es requirements for states to create health insurance exchanges.

These Exchanges make Qualified Health Plans (QHPs) available to individuals and/or qualified employers (small businesses; also known as the Small Business Health Options Program or SHOP). Under the ACA states may choose to operate their own ex - changes, participate in a regional (multi–state) or sub- sidiary exchange, or defer to a federally facilitated exchange (an Exchange established and operated by the federal Secretary of Health and Human Services (HHS).

States that choose to operate an exchange may choose to operate an exchange for that provides for the purchase of coverage in the individual market and the establishment of a SHOP , or for the establishment of a SHOP only.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1640 That same year, 2010, California chose to operate its own exchange as the California Legislature enacted and the governor signed, legislation establishing the California Health Exchange (now also known as “Cov- ered California,”) and its governing Board. (Stats. 2010,

chapter 659,

section 2, (SB 900, [Alquist, Stein- berg]); Stats 2010,

chapter 655 (AB 1602, [Perez].)

Section 2 of AB 1602 expressed the Legislature’s intent in creating the Exchange and its governing Board as follows: “It is the intent of the Legislature to enact the necessary statutory changes to California law in order to establish an American Health Benefit Exchange in California and its administrative author - ity in a manner that is consistent with the federal Pa - tient Protection and Affordable Care Act (Public Law 111–148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), hereafter the federal act.

In doing so, it is the intent of the Legislature to do all of the following: Reduce the number of uninsured Californians by cre- ating an organized, transparent marketplace for Cal- ifornians to purchase affordable, quality health care coverage, to claim available federal tax credits and cost–sharing subsidies, and to meet the personal re- sponsibility requirements imposed under the federal act. (

b) Strengthen the health care delivery system. (

c) Guarantee the availability and renewability of health care coverage through the private health insurance market to qualified individuals and qualified small employers. (

d) Require that health care service plans and health insurers issuing coverage in the individual and small employer markets compete on the basis of price, quality, and service, and not on risk selection. (

e) Meet the requirements of the federal act and all ap- plicable federal guidance and regulations.” Pursuant to the requirements and guidance of state and federal law, these regulations provide

definitions, abbreviations and standards for notice (Articles 2, 4); standards for eligibility, eligibility determination and redetermination for Qualified Health Plans (QHP), Advance Payment of Premium Tax Credit (APTC); Cost Sharing Reduction (CSR); and termination of coverage (Article 5); and an appeal process, including notice, eligibility pending appeal, informal resolution, hearing requirements, and an expedited appeal proce- dure (Article 7).

OBJECTIVES The broad objectives of this proposed regulatory ac- tion are to: ● Provide structure for the Exchange and give pre- dictability and clear standards to the public and qualified health plan issuers. ● Specifically provide the public with clear stan- dards and eligibility requirements to qualify for federal tax subsidies through the Exchange. ● Establish the criteria and process for eligibility determination, enrollment, and disenrollment of enrollees and potential enrollees in the Exchange. ● Establish a fair and efficient appeals process for prospective and current enrollees of the Ex - change.

More specifically, this action creates clear guidelines for the public to request and re- ceive a fair hearing. ● Put California in compliance with the federal act. ● Allow the Exchange to administer the ACA sys- tematically and predictably for the public on an ongoing basis through eligibility determination, enrollment, and disenrollment procedures. ● Reduce health care costs and provide increased and quality health care to the public in California.

BENEFITS Anticipated benefits including nonmonetary bene- fits to the protection of public health and safety, work- er safety, the environment, the prevention of discrim- ination, or the promotion of fairness or social equity, from this proposed regulatory action are as follows: ● Making quality health care available to all Californians. ● Providing structure for the Exchange to give pre- dictability and clear standards to the public and qualified health plan issuers now and into the future. ● Providing the public with clear standards and el- igibility requirements to qualify for federal tax subsidies through the Exchange. ● Establishing the criteria and process for eligi- bility determination, enrollment, and disenroll- ment of enrollees and potential enrollees in the Exchange. ● Establishing an appeal process for prospective and current enrollees of the Exchange and thereby providing due process to applicants denied insur- ance or with other appealable rights.

More specif- ically, this action includes clear guidelines for the public to request and receive a fair hearing. ● Aligning California’s regulations with the federal act and complying with state law. ● Reducing health care costs for Californians. ● Providing increased health care access to the pub- lic in California. ● And ultimately, helping to save lives and increase the health of the public in California.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1641 EVALUATION OF CONSISTENCY AND COMPATIBILITY The Exchange has evaluated whether the proposed regulations are inconsistent or incompatible with existing state regulations. This evaluation included a review of the laws that regulate the Exchange and specifically those statutes and regulations related to health insurance. Exchange staff also conducted an in- ternet search of other state agency regulations. Several California statutes and regulations govern health insurance.

The Exchange has made its best ef- fort to conform its regulations to State law and does not know of any State statutes or regulations conflict- ing with these proposed regulations. Some compatible statutes, such as the Health and Safety Code

Section 1399.849 and the Insurance Code

Section 10965.3, provide additional requirements that affect the Ex- change’s proposal as noted throughout this document and the proposed regulatory text. Each is compatible with this proposal. DOCUMENTS TO BE INCORPORATED BY REFERENCE None. JUSTIFICATION FOR DUPLICATION These proposed regulations were developed with significant stakeholder engagement to implement and clarify the mandates of the ACA and the requirements of the federal regulations. These regulations duplicate texts from the U.S. Department of Health and Human Services’ (HHS) regulations in 45 C.F.R.

Part 155 related to the Exchange establishment standards and other related standards under the ACA and 45 C.F.R.

Part 156 related to the health insurance issuer stan - dards under the ACA, including standards related to the Exchanges. MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS None. MANDATE ON LOCAL AGENCIES AND SCHOOL DISTRICTS None. The Executive Director of the California Health Benefit Exchange has determined that this pro- posed regulatory action does not impose a mandate on local agencies or school districts. FISCAL IMPACTS Cost to Any Local Agency or School District Which Must Be Reimbursed Pursuant to Government Code

Section 17500 et seq. None. This proposal does not impose costs on any local agency or school district for which reimburse- ment would be required pursuant to

Part 7 (commenc- ing with

Section 17500) of Division 4 of the Govern- ment Code. Costs or Savings to State Agencies There will be no costs or savings in federal funding to the state. The proposal results in additional costs to the California Health Benefit Exchange, which is cur- rently financially self–sustaining and is not funded by federal grant money. The proposal does not result in any costs or savings to any other state agency. Other Nondiscretionary or Savings Imposed on Local Agencies None. This proposal does not impose other nondis - cretionary cost or savings on local agencies.

Costs or Savings in Federal Funding to the State There will be no costs or savings in federal funding to the state. The proposal results in additional costs to the California Health Benefit Exchange, which is cur- rently financially self–sustaining and is not funded by federal grant money. The proposal does not result in any costs or savings to any other state agency. Significant Effect on Housing Costs None. Effect on Small Business This proposal may impact small business with whom the Exchange contract to accomplish the goals and objectives of the regulations herein proposed.

SIGNIFICANT, STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES Covered California makes an initial determination that this proposal will not have a significant, statewide adverse economic impact affecting businesses, either directly or indirectly, including the ability of Califor- nia businesses to compete with businesses in other states. COST IMPACTS ON A REPRESENTATIVE PRIVATE PERSON OR BUSINESS The agency is not aware of any cost impacts that a representative private person or business would nec-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1642 essarily incur in reasonable compliance with the pro- posed action. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT (EIA) 1. The Creation or Elimination of Jobs Within the State of California The implementation of these regulations is not ex - pected to create or eliminate any jobs within the State of California. 2. The Creation of New Businesses or the Elimination of Existing Businesses within the State of California. These proposed regulations are not expected to cre - ate or eliminate any new business within the State of California. 3.

The expansion of businesses within the State of California. These proposed regulations are not expected to ex - pand any business within the State of California. 4. Competitive advantages or disadvantages for businesses currently doing business within the state When comparing the competitive advantage of businesses outside of California to those in California, no direct impact is projected. 5.

Benefits of the regulations, including, but not limited to, benefits to the health, safety, and welfare of California residents, worker safety, and the state’s environment and quality of life, among any other benefits identified by the agency The proposed regulations will benefit California residents who apply for health benefits through the Exchange. It will make quality health care available to all Californians and provide the public with clear stan- dards and eligibility requirements to qualify for feder- al tax subsidies.

It will benefit the public by clarifying the criteria and process for eligibility determination, enrollment and disenrollment, and an appeal process. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Faviola Ramirez Adams Regulations Coordinator California Health Benefit Exchange 1601 Exposition Boulevard Sacramento, CA 95815 Telephone: (916) 228–8668 The backup contact person for these inquiries is: Bahara Hosseini Attorney IV California Health Benefit Exchange 1601 Exposition Boulevard Sacramento, CA 95815 Telephone: (916) 228–8486 Please direct copies of the proposed text of the reg - ulations, the Initial Statement of Reasons, the modi- fied text of the regulations, if any, or other informa- tion upon which the rulemaking is based to Faviola Ramirez Adams at the above contact information.

AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE The Exchange will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address. As of the date of this notice is published in the No- tice Register, the rulemaking file will consist of this notice, the proposed text of the regulation and the Ini- tial Statement of Reasons. There is currently no other information upon which the proposed rulemaking is based.

Copies may be obtained by contacting Faviola Ramirez Adams at the address or phone number listed above. A VAILABILITY OF CHANGED OR MODIFIED TEXT After holding a hearing, if requested, and consid- ering all timely and relevant comments received, the Exchange may adopt the proposed regulations sub- stantially as described in this notice. If the Exchange makes modifications which are sufficiently related to the originally proposed text, it will make the modi-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1643 fied text available to the public at least 15 days before the Exchange adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Faviola Ramirez Adams at the address indicated above. The Exchange will accept written comments on the modified regulations for 15 days af- ter the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Faviola Ramirez Adams at the above address. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons and the proposed text of the regulations in underline and strikeout can be ac- cessed through our website at www.healthexchange. ca.gov/regulations. TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION RESTRICTED HOUSING UNITS NOTICE IS HEREBY GIVEN that the Secre - tary of the California Department of Corrections and Rehabilitation (CDCR or Department), proposes to adopt, amend, and/or repeal several sections within Title 15, Division 3,

Chapter 1, of the California Code of Regulations, regarding Restricted Housing Units. PUBLIC HEARING Date and Time: February 2, 2024 — 10:00am to 11:00am Place: Department of Corrections and Rehabilitation Conference Room 150 1515 S Street — North Building Sacramento, CA 95811 Purpose: To receive comments about this action. PUBLIC COMMENT PERIOD The public comment period begins December 15, 2023, and closes on February 2, 2024. Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@cdcr.ca.gov, before the close of the comment period.

For questions regarding the subject matter of the regulations, call the program contact person listed below. CONTACT PERSONS Primary Contact Josh Jugum Telephone: (916) 445–2266 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Sun Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact Crystal Alcazar Telephone: (916) 322–1164 Division of Adult Institutions AUTHORITY AND REFERENCE Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, respon- sibilities, obligations, liabilities, and jurisdiction of abolished predecessor entities, such as Department of Corrections, Department of the Y outh Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that com- mencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC

Section 5050 pro- vides that commencing July 1, 2005, any reference to the Director of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, custody, treatment, training, discipline, and employ- ment of persons confined therein are vested in the Sec- retary of the CDCR. PC

Section 5055 provides that commencing July 1, 2005, all powers and duties pre- viously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1644 the CDCR. PC

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of persons. INFORMATIVE DIGEST The main objective of this regulatory action is to reduce the use of segregated confinement. Restrict- ed Housing will be used in limited situations for in- mates who engage in violence or have serious safety concerns.

This regulatory action will allow for more effective and efficient use of the department’s resourc- es, which will result in a streamlined process for the inmates to receive enhanced services such as medical and mental health treatment. Regulations will include enhanced rehabilitative programming to promote a positive behavioral model and aid in rehabilitation efforts. Circumstances may occur during an inmate’s in- carceration that require changes in their housing and status, wherein they are no longer safe to be housed or to attend program within the inmate general popu - lation.

CDCR has historically utilized Administrative Segregation Unit (ASU) to remove inmates from an institution’s General Population (GP) facility when the inmate presents an immediate threat to the safety of the inmate or others, endangers institution security or jeopardizes the integrity of an investigation of an alleged serious misconduct, criminal activity, or the safety of any person. As established in existing

section 3335, Administra- tive Segregation placement is accomplished by con- finement in a designated ASU or, in an emergency, to any single cell unit capable of providing secure segre- gation consistent with the inmates’ case factors. Not every institution has a designated segregated hous - ing unit that can accommodate all case factors, thus, movement between institutions may be necessary to provide for appropriate segregated housing. ASU is designated as temporary short–term hous - ing.

During the initial placement in ASU, privileges and the amount of property an inmate is allowed are limited compared to non–segregated housing. It is also less than those received by inmates who are housed in Security Housing Unit (SHU) or inmates in ASU who have a SHU term assessed and imposed. Upon placement in Administrative Segregation, an initial Institution Classification Committee (ICC) hearing is conducted to determine if the inmate con - tinues to pose a threat to the safety of a person and se- curity of the institution.

Inmates who violate criminal or administrative statutes are issued a Rules Violation Report which is carefully reviewed for assessment of a SHU Term. SHU terms are calculated based on the seriousness of the Rules Violation Report (RVR), considering aggravating and mitigating factors. Upon assessment of the SHU term, the inmate is transferred to a SHU. The SHUs are designated for extended–term pro- gramming of inmates not suited for housing in the general population. They are specialized program- ming units with established placement criteria to in- clude an assessed determinate or administrative SHU term.

Placement into these units requires approval by a Classification Staff Representative (CSR) or by the Departmental Review Board (DRB) based on classifi- cation committee recommendations and referrals. Additionally, the proposed regulations will replace the term, “segregation” with “restricted.” The conno- tation associated with the word “segregation” or any variation thereof is harmful and does not accurately describe the reasons for restricted confinement.

In- mates placed in restricted housing will continue to have access to rehabilitative and education programs and mental health and healthcare services, as well as out–of–cell recreation time.

In addition to reducing the use of segregated con - finement, another primary objective of these proposed regulations is to better serve the inmate population in restricted housing by reducing the amount of trans- fers, standardizing access to property and privileges, creating new access to rehabilitative programs and education, clinically approved treatment therapies and skill building activities as well as increasing out of cell time.

This will be beneficial for inmates as participa- tion in rehabilitative programming may result in less time in restricted housing and assist in a successful transition to less restrictive housing and, upon release, to society. POLICY STATEMENT OVERVIEW This rulemaking action will: ● Remove several offenses from the SHU term as- sessment chart (renamed to RHU Term Matrix).

The remaining offenses on the RHU term ma- trix are violent offenses or weapon–possession offenses. ● Reduce the amount of time assessed for the re- maining offenses on the RHU Term Matrix. ● Replace the term, “segregation” with “restricted.” The connotation associated with the word “seg - regation” or any variation thereof is harmful and does not accurately describe the reasons for re- stricted confinement. ● Discontinue mitigating and aggravating factors in determining time to serve in restricted hous - ing.

Currently, the amount of time applied for the mitigating or aggravating factors is subjective, and therefore does not establish consistent time to serve.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1645 ● Exclude consecutive SHU terms. Currently, de- terminate terms can be assessed concurrently or consecutively. If an inmate is assessed a con - secutive term, they would be required to serve a longer period of time, as one assessed determi- nate term would have to be completed prior to the next term start date.

To reduce the amount of time spent in RHU housing, the department has cho- sen to eliminate the assessment of consecutive determinate terms. ● Discontinue the Step Down Program (SDP), which certain inmates associated with Security Threat Groups (i.e., gangs) were required to par- ticipate in. The length of the SDP is not condu - cive to the purpose of these proposed regulations, which is to reduce the amount of time spent in re- stricted housing. ● Increase out–of–cell time for inmates housed in R H U and Rest r icted Custody General Population.

SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The proposed regulatory action will improve the management of inmates in restricted housing and will lessen the number of inmates being placed in restrict- ed housing. The primary rehabilitative focus within the restricted housing population is to promote pos - itive programming. In addition, the proposed regu- latory action creates a standardized methodology of operating and implementing restricted housing units, ensuring efficient and successful transition to less re- strictive housing.

The proposed regulations will also alleviate staff workload by eliminating transfers in between restricted housing. Furthermore, the depart- ment anticipates the proposed amendments regarding privileges and property will help to protect the health and welfare of California residents and worker safety, as department staff may experience fewer incidents of violence inside the institution and tension among in - mates when inmates are provided equal limitations on property items to incentivize positive behavior.

DOCUMENTS INCORPORATED BY REFERENCE CDC Form 114–A1 (Rev. 11/23), Inmate Restricted Housing Profile CDC 114–A (Rev. 10/99) Inmate Segregation Record Automated Restricted Housing Record (Rev. 11/23) Automated Classification Committee Chrono (Rev. 05/19) CDC 128–G (10/89) Classification Chrono Automated Administrative Segregation Unit Placement Notice (05/19) Automated Restricted Housing Unit Placement Notice (11/23) Automated RHU Term Computation (11/23) EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the department has determined the proposed regulations are not inconsistent or incompatible with existing reg- ulations.

After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations that concern restricted housing of inmates. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim- bursement of costs or savings pursuant to Government Code Sections 17500–17630.

FISCAL IMPACT STATEMENT ● Cost or savings to any state agency: None. ● Cost to any local agency or school district that is required to be reimbursed: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None. EFFECT ON HOUSING COSTS The department has made an initial determination that the proposed action will have no significant effect on housing costs.

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has made an initial determination that the proposed regulations will not have a signifi- cant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 50–Z 1646 because the proposed regulations place no obligations or requirements on any business. EFFECT ON SMALL BUSINESSES The department has determined that the proposed regulations will not affect small businesses. This ac- tion has no significant adverse economic impact on small business because they place no obligations or requirements on any business.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The department has determined that the proposed regulation will have no effect on the creation of new, or the elimination of existing, jobs or businesses within California, or effect the expansion of businesses cur- rently doing business in California. The department has determined that the proposed regulation will have no effect on worker safety or the state’s environment. The proposed regulations may benefit the welfare of California residents by helping to reduce violence in California prisons, and by promoting rehabilitation, which may reduce recidivism.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention of the department would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

Interested persons are invit- ed to present statements or arguments with respect to any alternatives to the changes proposed at the sched - uled hearing or during the written comment period. A VAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail- able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.

The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact per- son. The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the depart- ment’s website: www.cdcr.ca.gov. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the depart- ment’s contact person.

A VAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations substantially as described in this Notice. If the department makes modifications which are sufficient- ly 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, amends or repeals the regulations as revised. Requests for copies of any modified reg- ulation text should be directed to the contact person indicated in this Notice.

The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 16. BOARD OF PHARMACY CONTINUING EDUCATION NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (Board) proposes taking the rulemaking action described below under the head- ing Informative Digest/Policy Statement Overview. Any person interested may present statements or ar - guments, relevant to the action proposed, in writing. Written comments, including those sent by