California Register, 2023, Number 43. October 27, 2023

• Library: California Register
• Published date: 27 October 2023
• Year: 2023

Time-

Dated

Material

GAVIN NEWSOM, GOVERNOR

OFFICE OF ADMINISTR ATIVE LAW

California Regulatory Notice Register

REGIST ER 2023, NUMB ER 43–Z PUBLIS HED WEEKLY BY THE OFFI CE OF ADMINI STRATIVE LAW OCTOBE R 27, 2023

PROPOSED ACTION ON REGULATIONS

TITLE 2. ALLOCATION BOARD

Leroy F. Greene School Facilities Act of 1998 — Notice File Number Z2023–1013–01 ........................1367

TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

Oak Mortality Disease Control — Notice File Number Z2023–1012–01 ....................................1372

TITLE 13. DEPARTMENT OF MOTOR VEHICLES

Vehicle Dealers — Notice File Number Z2023–1017–01 ................................................ 1375

TITLE 16. VETERINARY MEDICAL BOARD

Uniform Standards for Substance–Abusing Licensees — Notice File Number Z2023–1017–04 ..................1377

TITLE 27. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

Clear and Reasonable Warnings, Safe Harbor Methods and Content — Notice File Number Z2023–1017–03 ......1381

GENERAL PUBLIC INTEREST

FISH AND GAME COMMISSION

Notice of Findings for San Bernardino Kangaroo Rat (Dipodomys merriami parvus) ......................... 1385

DEPARTMENT OF FISH AND WILDLIFE

Consistency Determination Number 1653–2023–127–001–R1, Improving the Structural Integrity of

Beaver Dams and Naturally Occurring Log Jams in Mid–French Creek Project, Siskiyou County ............... 1389

DEPARTMENT OF FISH AND WILDLIFE

Consistency Determination Request for South Fork Ten Mile River Large Wood Enhancement Project,

Tracking Number: 1653–2023–129–001–R1, Mendocino County .........................................1391

DEPARTMENT OF REAL ESTATE

2023 Annual Fee Hearing ........................................................................ 1391

(Continued on nex t page)

DEPARTMENT OF TOXIC SUBSTANCES CONTROL

Notice of Public Comment Period for Settlement Agreement .............................................1392

OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

Notice of Public Meeting and Business Meeting ....................................................... 1393

PROPOSITION 65

See entry under PROPOSED ACTION ON REGULATIONS above for Notice of Proposed Rulemaking,

Title 27, Oce of Environmental Health Hazard Assessment

SUMMARY OF REGULATORY ACTIONS

Regulations led with the Secretary of State .........................................................1393

The California Regulatory Notice Registe r is an ocial state publication of the Oce of Ad ministrative Law cont aining

notices of proposed regulator y actions by state regulator y agencies to adopt, amend or repeal reg ulations contained in the

California Code of Regulations. The eective per iod of a notice of proposed reg ulatory action by a st ate agency in the

California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, the refore,

that issues of the California Regulatory Notice Register be r etained for a minimum of 18 months.

CA LIFO RNI A REG ULAT ORY NOT ICE R EGIST ER is pub lish ed we ekly by th e Oce of Ad min ist rat ive La w, 300 C apit ol

Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiar y of West, a Thomson Reuters

Business, and is oered by subscr iption for $205.00 (annual price). To order or make changes to cur rent subscriptions, please

call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 43–Z

1367

PROPOSED ACTION ON

REGULATIONS

Information contained in this document is

published as received from agencies and is

not edited by Thomson Reuters.

TITLE 2. ALLOCATION BOAR D

LEROY F. GREEN E SCHOOL FACILITIE S

ACT OF 1998

PROPOSED REPEA L OF THE FOLLOW ING

REGUL ATION SECTION

● 1859.169.1

PROPOSED AME NDMEN TS TO THE

FOLLOWING R EGULATION SEC TIONS

● 1859. 2, 1859.70 .2, 185 9.103 , 1859.10 4, 1859.18 4.1,

AN D 1859.19 9

PROPOSED AME NDMEN TS TO THE

FOLLOWING FOR MS

● Form SAB 50–06, Expenditure Report, (R ev.

10/22), which is incorporate d by reference and

referenced in Regulation Section 1859.2

● Grant Agreement, (Rev. 10/22), which is incorpo-

rated by reference and referenced in Regulation

Section 1859.2

NOTICE IS HER EBY GIVEN that the State Al-

location Board (SAB) proposes to repeal and amend

the above–referenced regulation sections, including

an a ssociated form and the Grant Agreement master

templates, contained in Title 2, California Code of

Regulations (CCR). A public hearing is not scheduled.

A public hearing will be held if any interested person,

or his or her duly authorized representative, submits

a written request for a public hear ing to the Oce of

Public School Construction (OPSC) no later than 15

days pr ior to the close of t he w ritten comment peri-

od. Following the public hearing, if one is requested,

or following the written comment period if no public

hearing is requested, OPSC, at its own motion or at

the i nstance of any interested person, may adopt the

proposals substantially as set forth above without fur-

ther notic e.

AUTHORIT Y AND

REFERENCE CITATIONS

The SAB is proposing to amend t he above–

referenced regulat ion sections under the authority

provided by Section 17070.35, 17072.13, 17078.64,

17078.72(k) and 17079.30 of the Education Code. The

proposal interprets and make specic reference Sec-

ti ons 17 00 9.5, 170 17.6 , 17017.7, 17 021, 170 47, 1705 0,

17051, 17070.15, 17070.35, 17070.51(a), 17070.63,

17070.71, 17070.77, 17070.99, 17071.10, 17071.25,

170 71. 30 , 170 71. 33, 170 71.35 , 17 071.75 , 1707 1.76,

17072.10, 17072.13, 17072.12, 17072.18, 17072.20,

170 72 .3 3, 17 07 3. 25, 170 74.10, 17074. 30, 170 75.10,

170 76. 10, 1707 7.40 , 17077. 42, 1707 7.45, 17 07 8. 52,

170 78 .5 6, 1707 8.72 , 170 78.7 2( k), 1707 9, 1707 9.10 ,

17079.20, 17079.30, 17280, 56026 and 101012(a)(8) of

the Education Code; Section 53311 of the Government

Code; and Sections 1771.3 in eect on January 1, 2012

through June 19, 2014 and 1771.5, Labor Code.

INFOR MATIVE DIGEST/POLICY

OVERVIEW STATEMENT

The Leroy F. Greene School Facilities Act of 1998

established, through Senate Bill (SB) 50, Chapter 407,

Statutes of 1998, the School Facility Program (SFP).

The SFP provides a per –pupil g rant amou nt to qual-

ifying school districts for purposes of constructing

school facilities and moderni zing existing school fa-

cilities. The SAB adopted regulations to implement

the Leroy F. Greene School Facilities Act of 1998,

which were approved by the Oce of Administrative

Law and led with the Secretary of State on October

8, 1999.

At its October 26, 2022 meeting, the SAB adopted

proposed regulatory amendments that would amend

parts of the SFP Regu lations, an associated form, a nd

the Grant Agreement master templates. This is a result

of the California Court of Appeals’ decision related

to the SAB’s historical practice of collecting na ncial

hardship savings.

Attached to this Notice is t he specic regulatory

language of the prop osed regulatory action, along

with t he proposed regulatory amendments, the a sso-

ciated form and the Grant Agreement templates. The

proposed regulations, the associated form and the

Grant Agreement templates can also be reviewed on

OPSC’s website at: http s://www.dgs.ca.gov/OPSC /

Resources/Page–Content/Oce– of–Public–School–

Construction– Resources–List–Folder/Laws–and –

Regulations. Copies of the proposed regulat ions, the

associated form and the Grant Agre ement templates

will be mailed to any person re questing this i nforma-

tion by using OPSC’s contact information set forth be-

low in this Notice. T he propose d regulations amend