California Regulatory Notice Register — Register 2022, No. 51-Z (DECEMBER 23, 2022)

Cal. Reg. Notice Reg. 2022, No. 51

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 51-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW DECEMBER 23, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2022–1213–03 ....................................... 1515 AMENDMENT MULTI–COUNTY: Central Valley Financing Authority County Medical Services Program Las Virgenes — Triunfo Joint Powers Authority Northern California Energy Authority Northern California Gas Authority Number 1 Sacramento Cogeneration Authority Sacramento Municipal Utility District Sacramento Municipal Utility District Finance Authority Sacramento Power Authority West Turlock Subbasin Groundwater Sustainability Agency STATE AGENCY: Department of Healthcare Access and Information ADOPTION MULTI–COUNTY: Tri–Valley Transportation Council TITLE 2.

DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION Notice of Intent to Amend Conflict–of–Interest Code — Notice File Number Z2022–1213–01 ................................................................ 1516 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2089–2022–003–01, Shasta River, Siskiyou County ..................... 1517 (Continued on next page)

OFFICE OF THE STATE FIRE MARSHAL Notice of Public Hearing and Additional Written Comment Period Concerning Automatic Extinguishing Systems, Fee Increase; Adoption of New Fee Structure Related to Certification and Training Standards for California Fire Service Personnel ................................. 1520 A V AILABILITY OF INDEX OF PRECEDENTIAL DECISIONS BOARD OF VOCATIONAL NURSING AND PSYCHIATRIC TECHNICIANS Notice of Availability of Index of Precedential Decisions ................................................ 1521

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 1521 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 51-Z 1515 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT M U LT I – COU N T Y: Central Valley Financing Authority County Medical Services Program Las Virgenes — Triunfo Joint Powers Authority Northern California Energy Authority Northern California Gas Authority Number 1 Sacramento Cogeneration Authority Sacramento Municipal Utility District Sacramento Municipal Utility District Finance Authority Sacramento Power Authority West Turlock Subbasin Groundwater Sustainability Agency STAT E AGENCY: Department of Healthcare Access and Information ADOPTION M U LT I – COU N T Y: Tri–Valley Transportation Council A written comment period has been established commencing on December 23, 2022 and closing on February 6, 2023.

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

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

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed codes to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest codes.

Any written comments must be received no later than February 6, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 51-Z 1516 REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest codes should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 2. DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION AMEND CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Department of Health Care Access and Information, pursu - ant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on December 23, 2022 and closing on February 6, 2023. All inquiries should be directed to the contact listed below. The Department of Health Care Access and In - formation proposes to amend its conflict–of–interest code to include employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons.

Changes to the conflict–of–interest code include the following changes and other technical changes: ● reflect that the Office of Statewide Health Planning and Development was renamed as the Department of Health Care Access and Information, pursuant to Assembly Bill 133 (2021–2022) ● incorporate recent, organizational changes that moved a few Designated Positions to other exist- ing divisions in the Department ● reflect that the Department’s Divisions have been re–named ● include new programs and offices, new Designated Positions, and a new Board, resulting from recent legislation; and ● revise the Department’s Disclosure Categories, accordingly.

The proposed amendment and explanation of the reasons can be obtained from the department’s contact. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than February 6, 2023 , or at the conclusion of the public hearing, if requested, which - ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than December 22, 2022. The Department of Health Care Access and Infor - mation has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2.

Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed un - der

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Sheila Tatayon Attorney IV Department of Health Care Access and Information 2020 West El Camino Avenue, Suite 1217 Sacramento, CA 95833 (916) 326–3613 Sheila.Tatayon@hcai.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 51-Z 1517 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA STATE SAFE HARBOR AGREEMENT PROGRAM ACT CONSISTENCY DETERMINATION NUMBER 2089–2022–003–01 Location: Shasta River, Siskiyou County Applicant: C ardoza Ranch Partnership Background On February 24, 2021, the National Marine Fisher - ies Service (NMFS) approved a Template Safe Harbor Agreement for Conservation of Coho Salmon in the Shasta River (TSHA). The TSHA establishes the gen- eral requirements for NMFS, under authority of the Endangered Species Act

section 10(a)(1)(

A) and its implementing rule and policy, to issue Enhancement of Survival Permits (ESP) to non–federal landowners in the Shasta River Basin for the purpose of promot - ing the conservation, enhancement of survival, and recovery of the Southern Oregon/Northern California Coast (SONCC) evolutionarily significant unit of coho salmon ( Oncorhynchus kisutch ; Covered Species). The TSHA also discusses Covered Species biological requirements, habitat conditions, covered activities and associated avoidance and minimization measures, and the adaptive management program.

NMFS has issued a Site Plan Agreement (SPA), which is an agreement between NMFS and a land - owner, and an associated ESP, which authorizes take of a Covered Species, to each individual landowner enrolled under the TSHA (Project). Each SPA and as- sociated ESP provide specificity to the terms or con - ditions in the TSHA, or additional terms or conditions beyond what appears in the TSHA, that are applicable to a particular enrolled property. The TSHA, and re - lated SPA and ESP, taken together provide the applica- ble terms and conditions for an individual landowner (collectively, the ‘federal SHA ’).

On February 24, 2021, NMFS issued a SPA and ESP (Permit Number 23278), under the terms of the TSHA, to Cardoza Ranch Partnership (Permittee) with a term of 20 years 1. Cardoza Ranch (Enrolled Property), owned and operated by the Permittee, is located along Louie Road in central Siskiyou County (41°35'00" North lat- itude, 122°26'49" West longitude). The Enrolled Prop- 1 ESP, page 18. erty consists of the following APNs: 020–020–130, 020–020–120, and 020–030–020 2. The Enrolled Property includes a total of approximately 497 acres, with approximately 165 acres of grass pasture utiliz - ing flood irrigation.

The Enrolled Property is operated to produce cattle. The Enrolled Property has a 2.98 cubic–foot per sec- ond water right, included in the Shasta River Decree. The previous point of diversion was located on Lower Parks Creek, 1.5 miles upstream from the confluence with the Shasta River on the neighboring Hole in the Ground property. The diversion structure consists of an earthen dam with two corrugated metal pipes, which are blocked with flashboards during the irriga - tion season.

The water is backed up behind the dam to gain the force (head) needed to convey the diverted water down approximately 14,430 feet of open, lined, and unlined diversion ditch for use on the Enrolled Property. When blocked with flashboards during ir - rigation season, a 25–acre impoundment is created on Parks Creek. In a separately permitted project, this diversion was removed and a new pumped diversion installed 2.5 miles downstream on the Shasta River. Ditches were replaced with piping, and the diversion is screened with a self–cleaning cone screen that meets current screening criteria.

Enrolled Property SPA The Enrolled Property SPA defines Baseline Con- ditions as the habitat conditions at the time NMFS approved the Enrolled Property SPA, the conditions described in Appendix 1 of the TSHA. The activities required to maintain Baseline Conditions are detailed in Table 2 of the Enrolled Property SPA. Avoidance and minimization measures are de - scribed in detail in Appendix 2 of the TSHA, and those applicable to the Enrolled Property are listed in

section G.1 of the Enrolled Property SPA. Covered Activities include Routine Agricultur - al Activities, Beneficial Management Actions, and Avoidance and Minimization Measures (AMMs), as detailed in Appendix 2 of the TSHA and in sections C, G, and E of the Enrolled Property SPA, as follows: ● R outine Agricultural Covered Activities 3 (Section C1) o I rrigation management o I rrigation maintenance o P asture grazing management o R iparian fence maintenance o R oad maintenance o C rossing maintenance o H erbicide/fertilizer/pesticide use 2 SPA, page 4. 3 See TSHA Appendix 2 for full text of covered activities and avoidance and minimization measures.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 51-Z 1518 ● Avoidance and Minimization Measures for Routine Agricultural Covered Activities (Section

G) o A1: Install and maintain flow regulator/ measuring device o A2: Provide fish passage for all life stages o B1: Maintain diversions and fish screens, minimize sediment discharge during maintenance o B2: Inspection of fish screens, bypass pipes, and associated structures o B3: Maintain bypass pipes and associated structures to allow safe and easy passage for all life stages of fish o B4: Work during dry season and prevent spoils from washing into the stream o B5: Monitor and repair tailwater berms o B6: Instream work operation period o B7: Down–ditch screen requirements o B8: Minimize sediment mobilization and re- lease from all water discharge o C1: Develop and adhere to the riparian graz- ing management plan o C2: Grazing of fenced riparian areas o C3: No direct impacts to spawning, incuba - tion, and emergence from grazing activities o D1: Regular inspection of riparian fencing o D2: Notification to NMFS and the California Department of Fish and Wildlife (CDFW) of damaged fencing and fence repair after a catastrophic event o E2: Minimization of erosion and sedimenta- tion from roads and road work o E3: Instream work window o F1: Livestock and vehicle crossings o F2: Operation of vehicles in streams o G1: Application of pesticides o G2: Minimization of fertilizer/nutrient es - cape into waterways o G3: Avoid use of materials deleterious to covered species o G4: Petroleum product use and storage near waterways o G5: Refiling of machinery and handling of harmful substances near a waterway o H1: Flood events and emergency situation notification of CDFW and NMFS o H2: California Fish and Game Code

section 1610 notification ● Beneficial Management Actions/Activities (BMAs) (Section

E) o E.1.g: Assessments/Studies — Use of diver - sion as outlined in Alternative 4 o E.2.a: Increased delivery and irrigation effi - ciencies — Construct and operate pipeline throughout property; file California Water Code

section 1707 instream dedication o E.2.b: Move point of diversion — relocate diversion from Parks Creek to the Shasta River; install new fish screen; eliminate parks creek impound and install a new cattle–crossing that is fish–passage friendly o E.3.a: Tailwater reduction; soil moisture monitoring program participation; Interim operational plan of impoundment o E.3.b: Operation of current diversion for fish health and passage o E.3.c: Assessment of and participation in habitat improvements of overflow channel o E.3.d: Riparian grazing management plan; installation of stock watering system; ripari- an enhancements along overflow channel o E.3.f: Pasture grazing management o E.3.g: Off–channel habitat assessments o E.3.h: Access for salmonid supplementation and associated monitoring.

Additional Commitments include: ● Avoidance and minimization monitoring (Sections G and G1) ● Implementation and Effectiveness Monitoring Commitments (Section G2) ● Description of potential and existing funding sources and timeline for the Permittee to carry out BMAs, avoidance and minimization mea - sures, and monitoring and reporting require - ments (Section E, F, & G) ● Other information consistent with the terms and conditions of the Agreement and ESP including reporting (Sections F, H, &

I) Access ● General. Permittee will allow NMFS, CDFW, and Shasta Watershed Conservation Group (SWCG) to have access to the Enrolled Property to (

a) in - spect for implementation of BMAs, (

b) monitor, stock or remove the Covered Species, or to carry out related management activities, and (

c) moni - tor the effectiveness of the SPA. Such access will be subject to conditions identified in each SPA. Unless specified otherwise in the applicable SPA, such access will be subject to reasonable notice, not less than seven days in advance, and condi - tioned to avoid interference with commercial and other private uses of the Enrolled Property by the Permittee.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 51-Z 1519 ● Special Circumstances. In the circumstanc - es described in TSHA Sections 6.2 and 6.8, the Permittee will allow access to NMFS and CDFW for emergency salvage or relocation of affected Covered Species 4. ● Monitoring.

The Permittee shall allow CDFW and NMFS to conduct implementation and ef - fectiveness monitoring of various AMMs and BMAs related to riparian grazing, fish passage, LWD utilization by salmonids, beaver manage - ment, and riparian enhancement. 5 Net Conservation Benefit The federal SHA is expected to result in a net con - servation benefit to the Covered Species over the 20– year term by: ● Improving irrigation efficiency on the property through piping and redesign ● Ensure instream benefits through a California Water Code

section 1707 water dedication when diversion is not taking place ● Moving the point of diversion, installing new fish screens, and eliminating the Parks Creek im- poundment and fish passage impediment ● Possible enhancements to Parks Creek overflow channel and creation of off–channel habitat ● Adhering to a riparian grazing management plan and pasture grazing plan. 6 Consistency Determination Request On November 14, 2022, the Director of CDFW re - ceived a letter from Cardoza Ranch Partnership re - questing a determination pursuant to California Fish and Game Code

section 2089.22 that the federal SHA is consistent with California State Safe Harbor Agree- ment Program Act for the Covered Species on the Enrolled Property. (Cal. Reg. Notice Register 2022, Number 47–Z,page 1412.).

Determination CDFW has determined that the federal SHA with proposed incidental take of the Covered Species, is consistent with the California State Safe Harbor Agreement Program Act because the conservation, avoidance, and minimization measures contained in the federal SHA meet the conditions set forth in California Fish and Game Code sections 2089.22 and 2089.6 for authorizing incidental take of the Covered Species.

Specifically, CDFW finds that: (1) take of the Covered Species will be incidental to an otherwise lawful activity; (2) implementation of the federal SHA is reasonably expected to provide a net conservation benefit to the Covered Species; (3) the Project will 4 TSHA 6.3.1 and 6.3.2. 5 SPA, various sections. 6 NMFS Net Conservation Benefit Finding 11/17/2020. not jeopardize the continued existence of the Covered Species; (4) the Permittee has agreed, to the maximum extent practicable, to avoid or minimize any inciden - tal take authorized by the federal SHA, including re - turning to baseline conditions; (5) the federal SHA has established an approved monitoring program;

(6) CDFW has determined that sufficient funding is en - sured to complete surveys on the property and there is sufficient funding to carry out management actions and monitoring for the duration of the federal SHA; and (7) implementation of the federal SHA is not in conflict with a CDFW–approved conservation or re - covery program for the Covered Species. Monitoring and Reporting Measures The Permittee will be responsible for the following monitoring and reporting measures related to imple - mentation of the federal SHA and fulfillment of its provisions: ● SPA Sections G ● SPA

Section H ● SPA Appendix D ● TSHA

Section 6.6 ● TSHA Appendix 2 (Pages 66–101) ● TSHA Appendix 3 — Implementation Monitoring (Pages 108–118) ● TSHA Appendix 3 — Effectiveness Monitoring and Reporting (Pages 119–140) ● TSHA Appendix 3 — Validation Monitoring (Pages 141–142) ● TSHA Appendix 3 — Evaluation (Pages 142–144) ● TSHA Appendix 3 — Monitoring and Reporting Responsibilities (Pages 144–145) ● ESP Condition #7 Funding Funding will be provided by the Permittee through a $1,500 annual contribution to effectiveness monitor- ing. Permittee shall provide such funding to SWCG by February 1 of each year of its ESP.

SWCG will then provide such funding directly to parties designated by NMFS to undertake effectiveness monitoring. 7 Permittee obtained funding to design the new ir - rigation improvements, and implement moving the point of diversion, installation of the new fish screen, solar pump array, and cattle crossing at Parks Creek to allow fish passage for all like stages. Permittee shall seek funding for the Parks Creek overflow enhancements if determined necessary from an assessment. Incidental Take Authorization Pursuant to Fish and Game Code

section 2089.22(a), if a federal SHA is approved pursuant to applicable provisions of federal law and the federal SHA includes 7 TSHA

Section 6.5.3.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 51-Z 1520 species that are both federally and state listed, no further approval under the California State Safe Har - bor Agreement Program Act (Fish & Game Code, § 2089.2 et seq.) is required for incidental take of those species provided the Permittee implements the Project and future land and water use and management prac - tices as described in the approved federal SHA and CDFW determines the federal SHA is consistent with applicable criteria. Additionally, the Permittee must adhere to all measures contained in the approved fed - eral SHA.

If there are any substantive changes or amendments to the federal SHA the Permittee shall be required to obtain a new consistency determination from CDFW (see generally Fish & Game Code, §§ 2081.1, 2081, subdivisions (

b) and (c)). Any CDFW authorization pursuant to Fish and Game Code

section 2089.22(

a) to take species identified in the federal SHA shall termi - nate immediately upon the expiration or termination of the federal SHA. OFFICE OF THE STATE FIRE MARSHAL TITLE 19. PUBLIC SAFETY DIVISION 1. STATE FIRE MARSHAL

CHAPTER 5. AUTOMATIC FIRE EXTINGUISHING SYSTEMS

ARTICLE 5. LICENSING

SECTION 905.3. FEES

CHAPTER 5.5. AUTOMATIC FIRE EXTINGUISHING SYSTEMS CERTIFICATION

ARTICLE 3. GENERAL PROVISIONS AND FEE

SCHEDULE

SECTION 925.1. FEE

SCHEDULE NOTICE IS HEREBY GIVEN The Office of the State Fire Marshal (OSFM) is providing notice of scheduled hearing to consider the adoption of proposed regulations related to adoption of a new fee structure related to certification and training standards for Cali- fornia fire service personnel. Pursuant to Government Code

Section 11346.8, the State Fire Marshal will hold a public hearing on the proposed action as follows: Wednesday January 4, 2023 1 p.m.–3 p.m. CAL FIRE Office of the State Fire Marshal – The Natural Resources Building 715 P Street Sacramento, CA 95814 2nd Floor Room 2–302 The public hearing facilities are accessible to per - sons with disabilities via building security and the el - evator. At the hearing, any person may present oral or written statements or arguments relevant to the proposed action.

It is requested, but not required, that persons making oral comments also submit a written copy of their testimony at the hearing. NOTICE OF ADDITIONAL WRITTEN COMMENT PERIOD On November 4, 2022, the Office of the State Fire Marshal published a Notice of Proposed Rulemaking concerning the Regulations Relating to Automatic Extinguishing Systems and Certifications. (California Regulatory Notice Register 2022, Number 44–Z, No - vember 4, 2022,page 1295.) The original written comment period for this action was: November 4, 2022, through December 20, 2022.

The Department is now providing an additional written comment period to review modifications to the Express Terms (TEXT).

The additional written comment availability is: December 23, 2022, through January 9, 2023 Please submit all written comments or questions to: Eireann Flannery CAL FIRE/Office of the State Fire Marshal 715 ‘P’ Street, Suite 900 Sacramento, CA 95814 Title19Regulations@fire.ca.gov Phone: (916) 531–7650 A VAILABILITY OF DOCUMENTS The Notice of Public Hearing and Additional Written Comment Period, Notice of Proposed Action, Addendum to the Initial Statement of Reasons, Modifications to Express Terms (TEXT) of Regulations, and any other materials concerning this rulemaking can be accessed on the Office of the State Fire Marshal website: https://osfm.fire.ca.gov/divisions/code– development–and–analysis/title–19–development/ under the tab titled: (AES) Automatic Extinguishing Systems and Certifications — Fee Increases.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 51-Z 1521 A V AILABILITY OF INDEX OF PRECEDENTIAL DECISIONS BOARD OF VOCATIONAL NURSING AND PSYCHIATRIC TECHNICIANS NOTICE OF INDEX OF PRECEDENTIAL DECISIONS (Government Code

section 11425.60 subdivision (c)) NOTICE IS HEREBY GIVEN that the Board of Vocational Nursing and Psychiatric Technicians (Board), pursuant to the requirements of

section 11425.60 of the Government Code, maintains an index of its precedential decisions. The index and the text of the precedential decisions are continuously available on the Board’s website at https://www.bvnpt.ca.gov/ about_us/precedential_decisions.shtml or by appoint - ment at 2535 Capitol Oaks Drive, Suite 205, Sacra - mento CA 95833. A request for subscription may be made by using the subscription feature on the Board’s website at https://www.bvnpt.ca.gov/webapplications/ apps/subscribe/index.shtml.

For additional informa - tion, contact: Doris Pires Board of Vocational Nursing and Psychiatric Technicians 2535 Capitol Oaks Drive, Suite 205 Sacramento CA 95833 Telephone: (916) 263–7864 E–mail: Doris.Pires@dca.ca.gov

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

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. Department of Public Health File # 2022–1128–01 Industrial Hemp Fees This action by the Department of Public Health re - adopts emergency regulations that establish registra - tion requirements and fees for industrial hemp manu - facturers. Pursuant to Health and Safety Code

section 110065, subdivision (c), this action is exempt from OAL review and is submitted to OAL for filing with the Secretary of State and for printing in the California Code of Regulations.

Title 17 Adopt: 23200, 23205, 23210, 23215, 23220, 23225, 23230, 23235 Filed 12/08/2022 Effective 12/29/2022 Agency Contact: David Martin (916) 440–7673 California School Finance Authority File # 2022–1206–07 Charter School Facilities Credit Enhancement Grant Program This emergency readopt of OAL Matter Number 2022–0907–03EE by the California School Finance Authority updates the Charter School Facilities Credit Enhancement Grant Program to adopt a definition for the term “Financing,” increase the maximum award amount, and limit awards to a per–Financing basis.

Title 04 Amend: 10193, 10195 Filed 12/13/2022 Effective 12/14/2022 Agency Contact: Ryan Storey (213) 620–6360 California School Finance Authority File # 2022–1206–08 Project Acceleration Notes and Credit Enhancement Alternatives Program This emergency readoption action by the California School Finance Authority readopts the chang - es approved in OAL File Nos. 2022–0310–02ER and 2022–0907–04EE.

Those actions updated the Project Acceleration Notes and Credit Enhancement Alternatives (“PANACEA”) Program to adopt a defi - nition for the term “Financing,” increase the maximum award amount, and limit awards to a per–Financing basis. Title 04 Amend: 10200.1, 10200.3 Filed 12/13/2022 Effective 12/14/2022 Agency Contact: Ryan Storey (213) 620–6360

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 51-Z 1522 Department of Justice File # 2022–1027–01 AB 1621 Repeal of Firearm Precursor Part Regulations This action by the Department of Justice repeals regulations relating to firearm precursor parts. This action is exempt from the APA pursuant to Statutes 2022,

chapter 76 (AB 1621),

section 39, and submitted to OAL for filing and printing only pursuant to Gov. Code

section 11343.8. Title 11 Repeal: 4301, 4310, 4311, 4312, 4320, 4321, 4322, 4323, 4324, 4325, 4326, 4327 Filed 12/08/2022 Effective 12/08/2022 Agency Contact: Marlon Martinez (213) 269–6437 Fair Political Practices Commission File # 2022–1118–04 Lobbyist Arranging Gifts This action by the Fair Political Practices Commission adopts and amends regulations pertain - ing to the arranging of gifts by lobbyists.

Title 02 Adopt: 18626 Amend: 18624, 18625 Filed 12/13/2022 Effective 01/12/2023 Agency Contact: Amanda Apostol (916) 322–5660 Board of Education File # 2022–1028–03 Nutrition Services This action without regulatory effect aligns reg - ulations with changes to federal and state law by (1) amending requirements for school nutrition services including lunch and breakfast programs; and (2) re - pealing regulations governing the California Fresh Start Program.

Title 05 Amend: 15550, 15552, 15553, 15554, 15555, 15557, 15558, 15559, 15565, 15580, 15581, 15582, 15583, 15584 Repeal: 15561, 15566, 15567, 15568 Filed 12/14/2022 Agency Contact: Patricia Alverson (916) 319–0642 Board of Registered Nursing File # 2022–1102–01 SB 1375 — Repeal of Abortion by Aspiration Techniques This action without regulatory effect repeals two regulations on training requirements for nurse practi - tioners and nurse–midwifes who complete abortion by aspiration because both regulations are superseded by the amendment to Business and Professions Code sec- tion 2725.4 in Senate Bill 1375 (Chapter 631, Statutes of 2022) which is effective January 1, 2023.

Title 16 Repeal: 1463.5, 1485.5 Filed 12/12/2022 Agency Contact: Marissa Clark (916) 574–7438 Board of Registered Nursing File # 2022–1102–02 Exemption from Continuing Education Requirements The Board of Registered Nursing amends the California Code of Regulations, Title 16,

Section 1452. The amendments remove gendered language and re - place it with gender neutral terms. Title 16 Amend: 1452 Filed 12/14/2022 Agency Contact: Marissa Clark (916) 574–7438 Department of Fish and Wildlife File # 2022–1104–01 Fees for Lake and Streambed Alteration Agreements As changes without regulatory effect, the Department of Fish and Wildlife is amending fees for lake and streambed alteration agreements. Annual changes to the fees are required by Fish and Game Code

section 1609 by applying the index to determine an increase or decrease in the fees as specified in Fish and Game Code

section 713. The amended fees will become effective on January 1, 2023. Title 14 Amend: 699.5 Filed 12/12/2022 Effective 01/01/2023 Agency Contact: Jason Faridi (916) 720–1234 New Motor Vehicle Board File # 2022–1102–04 2022–2023 ACP Fees This action without regulatory effect amends the Arbitration Certification Program (ACP) fee based on the formula established in

section 553.70 of title 13 of the California Code of Regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 51-Z 1523 Title 13 Amend: 553.70 Filed 12/14/2022 Agency Contact: Danielle R. Phomsopha (916) 244–6777 California Energy Commission File # 2022–1028–05 Small Power Plant Exemption (SPPE) The California Energy Commission (“CEC”) pro - poses to remove the adjudicatory hearing process for its Small Power Plant Exemption. The proposed regu- lation also supplements and clarifies information that must be provided during the application process for certification and for the Small Power Plant Exemption.

Title 20 Amend: 1936, 1940, 1941, 1942, Repeal: 1934, 1937, 1943, 1944, 1945, 1946, 1947, Appendix F Filed 12/14/2022 Effective 12/14/2022 Agency Contact: Corrine Fishman (916) 805–7452 Physical Therapy Board of California File # 2022–1021–07 Retired License and Fees This action by the Physical Therapy Board estab - lishes an optional “retired” licensure status and adopts standards for licensed physical therapists or physical therapist assistants seeking to apply for a retired li - cense, as well as procedures for restoring a retired li - cense to an active status, in accordance with Business and Professions Code

section 464. Title 16 Adopt: 1398.18 Amend: 1399.50, 1399.52 Filed 12/08/2022 Effective 01/01/2023 Agency Contact: Brooke Arneson (916) 561–8276 Physical Therapy Board of California File # 2022–1107–02 Documentary Evidence of Equivalent Degree (Coursework Tools) This rulemaking action by the Physical Therapy Board of California updates regulations and corre - sponding documents incorporated by reference re - lating to standards for satisfactory documentary evi - dence of equivalent degree for licensure as a physical therapist or physical therapist assistant.

Title 16 Amend: 1398.26.1 Filed 12/14/2022 Effective 01/01/2023 Agency Contact: Brooke Arneson (916) 561–8276 State Personnel Board File # 2022–1028–04 Whistleblower Appeals Rights This rulemaking action by the State Personnel Board updates notice requirements related to whis - tleblower retaliation hearings and determinations.

Title 02 Amend: 67.6, 67.7 Filed 12/14/2022 Effective 04/01/2022 Agency Contact: Lori Gillihan (916) 651–1043 State Water Resources Control Board File # 2022–1028–01 TMDLs for Turbidity in the Gabilan Creek Watershed On February 18, 2022, the California Regional Water Quality Control Board, Central Coast Region, adopted Resolution Number R3–2022–0002 to amend the Water Quality Control Plan for the Central Coast Basin to adopt Total Maximum Daily Loads for tur - bidity in the Gabilan Creek watershed, Monterey County.

The State Water Resources Control Board approved the amendments under Resolution Number 2022–0023 on June 7, 2022. Title 23 Adopt: 3929.19 Filed 12/08/2022 Effective 12/08/2022 Agency Contact: Peter Meertens (805) 549–3869 California Gambling Control Commission File # 2022–1021–06 Commission Fees Modernization Project II In this resubmitted certificate of compliance, the Commission establishes the annual fees for Third– Party Providers of Proposition Player Services (TPPPS) business licensees.

Also, the Commission adds a definition for the term “gross revenue.” Title 04 Adopt: 12252.2 Amend: 12002, 12252 Filed 12/07/2022 Effective 12/07/2022 Agency Contact: Alexander Hunter (916) 263–1301

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 51-Z 1524 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit oal.ca.gov.

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2022, No. 51
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	324a3b917fbe02f12aa7b74e934939019c50582c

Source file is stored in the law ingest library (pdf).