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GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW
California Regulatory Notice Register
REGISTER 2022, NUMBER 18-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 6, 2022
PROPOSED ACTION ON REGULATIONS
TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION
Notice of Intent Amendments, 2022 — Notice File Number Z2022–0426–05 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 519
TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION
Dental Care — Notice File Number Z2022–0426–02 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 522
TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION
Reading Glasses — Notice File Number Z2022–0426–03 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 525
GENERAL PUBLIC INTEREST
DEPARTMENT OF FISH AND WILDLIFE
Consistency Determination Request for South Fork Floodplain Restoration Phase II,
Tracking Number 1653–2022–091–001–R1, Siskiyou County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528
DEPARTMENT OF FISH AND WILDLIFE
Consistency Determination Request for Stony Point Flats Apartments,
Tracking Number 2080–2022–008–03, Sonoma County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528
DEPARTMENT OF FISH AND WILDLIFE
Consistency Determination Request for Redwood National and State Park Visitor Center and
Restoration Project, Tracking Number 2080R–2022–007–01, Humboldt County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529
DEPARTMENT OF FISH AND WILDLIFE
Research on the Blunt–nosed Leopard Lizard (Gambelia sila) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529
(Continued on next page)
Time-
Dated
MaterialRULEMAKING PETITION DECISION AIR RESOURCES BOARD Low Carbon Fuel Standard Reconsideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 530 SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 533 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 http://www.oal.ca.gov.
CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z
The Board will consider only written comments
PROPOSED ACTION ON received at the Board office by that time and those
written comments received at the public hearing, in-
REGULATIONS cluding written comments submitted in connection
with oral testimony at the public hearing. The Board
requests, but does not require, that persons who sub-
Information contained in this document is mit written comments to the Board reference the title
published as received from agencies and is of the rulemaking proposal in their comments to facil-
itate review.
not edited by Thomson Reuters. Written comments shall be submitted to the follow-
ing address:
TITLE 14. BOARD OF FORESTRY AND Board of Forestry and Fire Protection
FIRE PROTECTION Attention: Eric Hedge
Regulations Program Manager
“NOTICE OF INTENT AMENDMENTS, 2022” P.O. Box 944246
Sacramento, CA 94244–2460
TITLE 14 OF THE CALIFORNIA CODE OF Written comments can also be hand delivered to the
REGULATIONS (14 CCR), DIVISION 1.5, contact person listed in this notice at the following
CHAPTER 4, address:
SUBCHAPTER 7, ARTICLE 2 & 6.8
Board of Forestry and Fire Protection
715 P Street, 9th Floor
NATURE OF PROCEEDING Sacramento, CA 95814
Written comments may also be sent to the Board via
Notice is hereby given that the California State facsimile at the following phone number:
Board of Forestry and Fire Protection (Board) is pro-
posing to take the action described in the Informative (916) 653–0989
Digest.
Written comments may also be delivered via e–mail
PUBLIC HEARING at the following address:
PublicComments@BOF.ca.gov
The Board will hold a public hearing on July 14,
2022, at its scheduled meeting held at the Courtyard
Marriott, 313 Riverside Ave, Santa Cruz, CA 95060. AUTHORITY AND REFERENCE
At the hearing, any person may present statements or (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14
arguments, orally or in writing, relevant to the pro- and 14 CCR § 1122)
posed action. The Board requests, but does not re-
quire, that persons who make oral comments at the Authority cited: Sections 4551, 4552 and 4582.3,
hearing also submit a written summary of their state- Public Resources Code. Reference: 4551, 4581, 4582.3,
ments. Additionally, pursuant to Government Code 21080 and 21092, Public Resources Code.
(GOV) § 11125.1(b), writings that are public records
pursuant to GOV § 11125.1(a) and that are distributed INFORMATIVE DIGEST/POLICY
to members of the state body prior to or during a meet- STATEMENT OVERVIEW
ing, pertaining to any item to be considered during the (pursuant to GOV § 11346.5(a)(3)(A)–(D))
meeting, shall be made available for public inspection
at the meeting if prepared by the state body or a mem- Pursuant to the Z’berg–Nejedly Forest Practice Act
ber of the state body, or after the meeting if prepared of 1973, Public Resources Code (PRC) § 4511, et seq.
by some other person. the Board is authorized to construct a system of forest
practice regulations applicable to timber management
WRITTEN COMMENT PERIOD on state and private timberlands.
Pursuant to PRC § 4551.5, the rules and regulations
Any person, or authorized representative, may sub- that the Board is authorized to adopt include mea-
mit written comments relevant to the proposed regula- sures for the conduct of Timber Operations and for the
tory action to the Board. The written comment period preparation of Timber Harvesting Plans.
ends on at the conclusion of the public hearing on July Additionally, pursuant to PRC § 4582, Timber
14, 2022. Harvesting Plans must “…be filed with the department
519CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z
in writing by a person who owns, leases, or other- Statutes to which the proposed action was com-
wise controls or operates on all or any portion of any pared: 4511 et seq.
Timberland and who plans to harvest the timber there-
on.” One of the requirements of the Timber Harvesting MANDATED BY FEDERAL
Plan is “[a] description of the silvicultural methods to LAW OR REGULATIONS
be applied…” (PRC § 4582(d)).
Furthermore, PRC § 4582.3 requires the Board to The proposed action is not mandated by Federal law
adopt regulations regarding” …notice of intent to har- or regulations.
vest timber, to be given within two working days fol- The proposed action neither conflicts with, nor du-
lowing submission of a timber harvesting plan” — in plicates, Federal regulations.
order to notify both the Department of Forestry and
Fire Protection (Department), and those who may There are no comparable Federal regulations related
be affected by Timber Operations of proposed ac- to stocking requirements on nonfederal forest lands.
tivities. The Board has adopted such regulations for No existing Federal regulations meeting the same pur-
Timber Harvesting Plans (THP), and Programmatic pose as the proposed action were identified.
Timber Harvesting Plans (PTHP) (a similar permit-
ting scheme), within 14 CCR §§ 1032.7 and 1092.04, OTHER STATUTORY REQUIREMENTS
respectively. (pursuant to GOV § 11346.5(a)(4))
Currently, the Forest Practice Rules include provi-
sions for multiple silvicultural method types which There are no other matters as are prescribed by stat-
may be utilized in a THP or PTHP, however the reg- ute applicable to the specific State agency or to any
ulations regarding notices of intent to harvest timber specific regulation or class of regulations.
only require disclosure of some of those silvicultural
methods. The problem is that notice of intent to har- LOCAL MANDATE
vest timber regulations which do not require disclo- (pursuant to GOV § 11346.5(a)(5))
sure of all silvicultural methods proposed in a THP
or PTHP fail to accurately disclose proposed project The proposed action does not impose a mandate on
activities to the Department and persons which may local agencies or school districts.
be potentially affected by Timber Operations.
The purpose of the proposed action is to require the FISCAL IMPACT
disclosure of all proposed silvicultural methods within (pursuant to GOV § 11346.5(a)(6))
the footprint of a THP or PTHP.
The primary benefit of the proposed action is the There is no cost to any local agency or school dis-
maintenance of a comprehensive regulatory scheme trict that is required to be reimbursed under Part 7
which allows for the clear and consistent application (commencing with Section 17500) of Division 4 of the
and enforcement of notice of intent with THP/PTHP. Government Code.
Additionally, the improvement of notification process- A local agency or school district has the authority
es will benefit the efficiency of the Department review to levy service charges, fees, or assessments sufficient
and enforcement of the regulations. to pay for the program or level of service mandated
There is no comparable Federal regulation or statute. by the act, within the meaning of Section 17556 of the
Board staff conducted an evaluation on whether or Government Code.
not the proposed action is inconsistent or incompati- The proposed action will not result in the imposition
ble with existing State regulations pursuant to GOV of other non–discretionary costs or savings to local
§ 11346.5(a)(3)(D). State regulations related to the agencies.
proposed action were, in fact, relied upon in the de-
velopment of the proposed action to ensure the con- The proposed action will not result in costs or sav-
sistency and compatibility of the proposed action with ings in Federal funding to the State.
existing State regulations. Otherwise, Board staff The proposed action will not result in costs to any
evaluated the balance of existing State regulations re- State agency. The proposed action represents a con-
lated to the licensing of timber operators within State tinuation of existing forest practice regulations related
regulations that met the same purpose as the proposed to stocking requirements on substantially damaged
action. Based on this evaluation and effort, the Board timberland and will not result in any direct or indirect
has determined that the proposed regulations are nei- costs or savings to any state agency.
ther inconsistent nor incompatible with existing State The proposed action will not result in the imposition
regulations. The proposed regulation is entirely con- of other non–discretionary costs or savings to local
sistent and compatible with existing Board rules. agencies.
520CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z
HOUSING COSTS clear an enforceable regulatory scheme. The pro-
(pursuant to GOV § 11346.5(a)(12)) posed action will not affect the health and welfare
of California residents, worker safety.
The proposed action will not significantly affect
housing costs. COST IMPACTS ON REPRESENTATIVE
PERSON OR BUSINESS
SIGNIFICANT STATEWIDE ADVERSE
(pursuant to GOV § 11346.5(a)(9))
ECONOMIC IMPACT DIRECTLY
AFFECTING BUSINESS, INCLUDING The agency is not aware of any cost impacts that a
ABILITY TO COMPETE representative private person or business would nec-
(pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) essarily incur in reasonable compliance with the pro-
and 11346.5(a)(8)) posed action. No adverse impacts are to be expected.
The proposed action will not have a significant, BUSINESS REPORT
statewide adverse economic impact directly affecting
(pursuant to GOV §§ 11346.5(a)(11)
business, including the ability of California businesses
to compete with businesses in other states. and 11346.3(d))
FACTS, EVIDENCE, DOCUMENTS, The proposed action does not impose a business re-
TESTIMONY, OR OTHER EVIDENCE porting requirement.
RELIED UPON TO SUPPORT INITIAL
DETERMINATION IN THE NOTICE THAT SMALL BUSINESS
THE PROPOSED ACTION WILL NOT HAVE (defined in GOV 11342.610)
A SIGNIFICANT ADVERSE ECONOMIC
IMPACT ON BUSINESS The proposed action will affect small business.
(pursuant to GOV § 11346.2(b)(5) and Small business, pursuant to 1 CCR § 4(a):
GOV § 11346.5(a)(8)) (1) Is legally required to comply with the regulation;
Contemplation by the Board of the economic im- (2) Is not legally required to enforce the regulation;
pact of the provisions of the proposed action through (3) Does not derive a benefit from the enforcement of
the lens of the decades of contemplating fire safety in the regulation;
land use and development in California that the Board
brings to bear on regulatory development. (4) May incur a detriment from the enforcement
of the regulation if it does not comply with the
STATEMENTS OF THE RESULTS OF THE regulation.
ECONOMIC IMPACT ASSESSMENT (EIA)
ALTERNATIVES INFORMATION
The results of the economic impact assessment are
provided below pursuant to GOV § 11346.5(a)(10) In accordance with GOV § 11346.5(a)(13), the
and prepared pursuant to GOV § 11346.3(b)(1)(A)– Board must determine that no reasonable alternative
(D). The proposed action: it considers, or that has otherwise been identified and
● Will not create jobs within California (GOV brought to the attention of the Board, would be more
§ 11346.3(b)(1)(A)); effective in carrying out the purpose for which the ac-
● Will not eliminate jobs within California (GOV tion is proposed, or would be as effective and less bur-
§ 11346.3(b)(1)(A)); densome to affected private persons than the proposed
action, or would be more cost–effective to affected pri-
● Will not create new businesses (GOV § 11346.3(b) vate persons and equally effective in implementing the
(1)(B)); statutory policy or other provision of law.
● Will not eliminate existing businesses within
California (GOV § 11346.3(b)(1)(B)); CONTACT PERSON
● Will not affect the expansion or contraction
of businesses currently doing business within Requests for copies of the proposed text of the reg-
California (GOV § 11346.3(b)(1)(C)); ulations, the Initial Statement of Reasons, modified
● Will yield nonmonetary benefits (GOV text of the regulations and any questions regarding the
§ 11346.3(b)(1)(D)) through the promotion of a substance of the proposed action may be directed to:
521CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z
Board of Forestry and Fire Protection FINAL STATEMENT OF REASONS
Attention: Eric Hedge
Regulations Program Manager When the Final Statement of Reasons (FSOR) has
P.O. Box 944246 been prepared, the FSOR will be available from the
Sacramento, CA 94244–2460 contact person on request.
Telephone: (916) 653–9633
The designated backup person in the event INTERNET ACCESS
Mr. Hedge is not available is Jane Van Susteren,
Regulations Coordinator for the Board of Forestry and All of the material referenced in the Availability
Fire Protection. Ms. Van Susteren may be contacted at Statements is also available on the Board
the above address or phone. web site at: https://bof.fire.ca.gov/regulations/
proposed–rule–packages/.
AVAILABILITY STATEMENTS
(pursuant to GOV § 11346.5(a) (16) and (18)) TITLE 15. DEPARTMENT
OF CORRECTIONS AND
All of the following are available from the contact REHABILITATION
person:
NOTICE IS HEREBY GIVEN that the Secretary
1. Express terms of the proposed action us- of the California Department of Corrections and
ing UNDERLINE to indicate an addition Rehabilitation (CDCR), pursuant to the authority
to the California Code of Regulations and granted by Government Code (GC) section 12838.5
STRIKETHROUGH to indicate a deletion. and Penal Code (PC) section 5055, and the rulemak-
2. Initial Statement of Reasons, which includes a ing authority granted by PC section 5058, propos-
statement of the specific purpose of each adop- es to amend sections 3999.216, 3999.365, 3999.366,
tion, amendment, or repeal, the problem the 3999.367, and 3999.368 of the California Code of
Board is addressing, and the rationale for the Regulations (CCR), Title 15, Division 3, Chapter 2,
determination by the Board that each adoption, concerning health information and dental care.
amendment, or repeal is reasonably necessary to
carry out the purpose and address the problem for PUBLIC HEARING
which it is proposed.
A virtual public hearing will be held on June 21,
3. The information upon which the proposed action 2022. Go to https://cchcs.ca.gov/health–care–regs/
is based (pursuant to GOV § 11346.5(b)). for the link to join the virtual hearing, or you may
4. Changed or modified text. After holding the hear- call (916) 701–9994 and enter phone conference ID
ing and considering all timely and relevant com- 442065119# to join by phone (audio only) between the
ments received, the Board may adopt the proposed hours of 1:00 p.m. and 1:30 p.m. on June 21, 2022.
regulations substantially as described in this no-
tice. If the Board makes modifications which are PUBLIC COMMENT PERIOD
sufficiently related to the originally proposed text,
it will make the modified text — with the chang- The public comment period will close on June 21,
es clearly indicated — available to the public for 2022, at 5:00 p.m. Any person may submit public
at least 15 days before the Board adopts the regu- comments in writing (by mail or by email) regarding
lations as revised. Notice of the comment period the proposed changes. To be considered, comments
on changed regulations, and the full text as modi- must be submitted to California Correctional Health
fied, will be sent to any person who testified at the Care Services (CCHCS), Health Care Regulations
hearings, submitted comments during the public and Policy Section, P.O. Box 588500, Elk Grove, CA,
comment period, including written and oral com- 95758, or by email to HealthCareRegulations@cdcr.
ments received at the public hearing, or request- ca.gov before the close of the comment period.
ed notification of the availability of such changes
from the Board of Forestry and Fire Protection.
The Board will accept written comments on the CONTACT PERSON
modified regulations for 15 days after the date on
which they are made available. Please direct any inquiries regarding this action to:
522CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z
R. Hart of the CCR, Title 15, Division 3, Chapter 2, governing
Associate Director (A) health information and dental care. Sections 3999.365
Risk Management Branch through 3999.368 contain language from 24 dental care
California Correctional Health Care Services related sections of the CDCR Health Care Department
P.O. Box 588500 Operations Manual (HCDOM). This presents a prob-
Elk Grove, CA 95758 lem when trying to determine regulatory impact re-
(916) 691–2922 sulting from revisions to HCDOM sections related to
dental care. Because HCDOM sections related to den-
T. Adams tal care do not directly correspond to the current reg-
Staff Services Manager II ulations sections in Article 6, it can be difficult deter-
Health Care Regulations and Policy Section mining what parts of Article 6 are impacted by revised
California Correctional Health Care Services HCDOM dental care policies without excessive time
(916) 691–2921 and resources. Additionally, there is always the possi-
bility that CDCR staff will miss the regulatory impact
to Article 6 whenever HCDOM dental care policies
AUTHORITY AND REFERENCE
are revised, thereby creating underground regulations
GC section 12838.5 provides that commencing July as defined in Title 1, Section 250.
1, 2005, CDCR succeeds to, and is vested with, all This action provides the following:
the powers, functions, duties, responsibilities, obliga- ● Reduces the amount of staff time and resources
tions, liabilities, and jurisdiction of abolished prede- spent conducting lengthy analyses to determine
cessor entities, such as: Department of Corrections, regulatory impact from changes to HCDOM den-
Department of the Youth Authority, and Board of tal care policies.
Corrections. ● Significantly reduces future chances of CDCR
PC section 5000 provides that commencing July 1, operating with underground regulations.
2005, any reference to the Department of Corrections
● Provides more organized dental care regulations.
in this or any code, refers to the CDCR, Division of
Adult Operations. ● Brings provisions in–line with recent revisions
PC section 5050 provides that commencing July 1, to CDCR health information and dental care
2005, any reference to the Director of Corrections, in policies.
this or any other code, refers to the Secretary of the
CDCR. As of that date, the office of the Director of BENEFITS ANTICIPATED BY THE
Corrections is abolished. PROPOSED REGULATIONS
PC section 5054 provides that commencing July 1,
2005, the supervision, management, and control of the The Department anticipates the proposed regula-
State prisons, and the responsibility for the care, cus- tions will benefit CDCR staff and the regulated public
tody, treatment, training, discipline, and employment by decreasing the amount of staff resources needed to
of persons confined therein are vested in the Secretary determine regulatory impact of revised dental poli-
of the CDCR. cies, prevent underground regulations, promote open-
PC section 5058 authorizes the Director to pre- ness and transparency by improving the organization
scribe and amend regulations for the administration and coherence of dental care regulations, and ensure
of prisons. continued consistent treatment standard for the deliv-
References cited pursuant to this regulatory action ery of dental services to CDCR patients.
are as follows: Sections 4040(a)(2), 4076, 4170 and
4171(b), Business and Professions Code; Section 1157, FORMS INCORPORATED BY REFERENCE
Evidence Code; Section 11150, Health and Safety
Code; Sections 3424 and 5054, Penal Code; Perez, Not applicable.
et al. v. Cate, et al., (Number C05–05241 JSW),
U.S. District Court, Northern District of California; EVALUATION OF CONSISTENCY/
and Plata v. Newsom (Number C01–1351 JST), U.S. COMPATIBILITY WITH
District Court, Northern District of California. EXISTING REGULATIONS
INFORMATIVE DIGEST/POLICY Pursuant to GC section 11346.5(a)(3)(D), the
STATEMENT OVERVIEW Department must evaluate whether the proposed reg-
ulations are inconsistent or incompatible with exist-
The CDCR and CCHCS propose to amend sections ing State regulations. Pursuant to this evaluation, the
3999.216, 3999.365, 3999.366, 3999.367, and 3999.368 Department has determined these proposed regulations
523CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z
are not inconsistent or incompatible with any existing treatment standard for the delivery of dental services
regulations within CCR, Title 15, Division 3. to CDCR patients.
The Department has determined that the proposed
LOCAL MANDATES action will have no impact on the creation of new or
the elimination of existing jobs or businesses within
The proposed regulatory action imposes no man- California or affect the expansion of businesses cur-
dates on local agencies or school districts, or a man- rently doing business in California because the pro-
date which requires reimbursement pursuant to GC posed action will reorganize and retitle existing dental
section 17500–17630. care regulations, and amend some provisions to bring
them in–line with recent revisions to CDCR health in-
FISCAL IMPACT STATEMENT formation and dental care policies; which only affects
inmates and staff within CDCR.
● Cost or savings to any State agency: None.
BENEFITS ANTICIPATED BY THE
● Cost to any local agency or school district that is
required to be reimbursed: None. PROPOSED REGULATIONS
● Other nondiscretionary cost or savings imposed The Department anticipates the proposed regula-
on local agencies: None. tions will benefit CDCR staff and the regulated public
● Cost or savings in federal funding to the state: by decreasing the amount of staff resources needed to
None. determine regulatory impact of revised dental poli-
cies, prevent underground regulations, promote open-
EFFECT ON HOUSING COSTS ness and transparency by improving the organization
and coherence of dental care regulations, and ensure
The Department has made an initial determination continued consistent treatment standard for the deliv-
that the proposed action will have no significant ef- ery of dental services to CDCR patients. This regula-
fect on housing costs because the proposed regulations tion change will not have an impact on the State’s en-
will reorganize and retitle existing dental care regula- vironment, as the State’s environment is not impacted
tions, and amend some provisions to bring them in– by the administration of the CDCR’s dental program.
line with recent revisions to CDCR health information
and dental care policies, which only affects inmates COST IMPACTS ON REPRESENTATIVE
and staff within CDCR. PRIVATE PERSONS OR BUSINESSES
SIGNIFICANT STATEWIDE ADVERSE The Department is not aware of any cost impacts
that a representative private person or business would
ECONOMIC IMPACT ON BUSINESS
necessarily incur in reasonable compliance with the
The Department has determined that the proposed proposed action. The proposed action will reorganize
action will not have a significant statewide adverse and retitle existing dental care regulations, and amend
economic impact directly affecting businesses, in- some provisions to bring them in–line with recent re-
cluding the ability of California businesses to compete visions to CDCR health information and dental care
with businesses in other states because the proposed policies; which only affects inmates and staff within
action will reorganize and retitle existing dental care CDCR.
regulations, and amend some provisions to bring them
EFFECT ON SMALL BUSINESSES
in–line with recent revisions to CDCR health infor-
mations and dental care policies; which only affects The Department has determined that the proposed
inmates and staff within CDCR. regulations will have no significant adverse econom-
ic impact on small businesses because the proposed
RESULTS OF ECONOMIC action will reorganize and retitle existing dental care
IMPACT ASSESSMENT regulations, and amend some provisions to bring them
in–line with recent revisions to CDCR health infor-
The proposed regulatory action will reorganize and mation and dental care policies; which only affects in-
amend standards regarding the provision of dental care mates and staff within CDCR.
to patients within CDCR. The proposed changes will
benefit the health and welfare of California residents CONSIDERATION OF ALTERNATIVES
incarcerated in CDCR, staff, and the general public by
improving the organization and coherence of dental The Department must determine that no reasonable
care regulations, and will ensure continued consistent alternative it considered or that has otherwise been
524CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z
identified and brought to its attention would be more TITLE 15. DEPARTMENT
effective in carrying out the purpose for which the ac- OF CORRECTIONS AND
tion is proposed, would be as effective and less bur- REHABILITATION
densome to affected private persons than the proposed
action, or would be more cost–effective to affected pri- NOTICE IS HEREBY GIVEN that the Secretary
vate persons and equally effective in implementing the of the California Department of Corrections and
statutory policy or other provisions of law. Rehabilitation (CDCR), pursuant to the authority
The Department has made an initial determina- granted by Government Code (GC) section 12838.5
tion that the action will not have a significant adverse and Penal Code (PC) section 5055, and the rulemak-
economic impact on business. Additionally, there has ing authority granted by PC section 5058, proposes to
been no testimony, reasonable alternative, or other ev- amend sections 3000 and 3095 of the California Code
idence provided that would alter the CDCR’s initial of Regulations (CCR), Title 15, Division 3, Chapter 1
determination to proceed with this action. and sections 3999.98 and 3999.396 of the California
Code of Regulations, Title 15, Division 3, Chapter 2,
concerning Reading Glasses.
AVAILABILITY OF PROPOSED TEXT AND
INITIAL STATEMENT OF REASONS PUBLIC HEARING
The Department has prepared, and will make avail- A virtual public hearing will be held on June 21,
able, the proposed text and the Initial Statement of 2022. Go to https://cchcs.ca.gov/health–care–regs/
Reasons (ISOR) of the proposed regulatory action. for the link to join the virtual hearing, or you may
The rulemaking file for this regulatory action, which call (916) 701–9994 and enter phone conference ID
contains those items and all information on which the 876715426# to join by phone (audio only) between the
proposal is based (i.e., rulemaking file) is available to hours of 10:30 a.m. and 11:00 a.m. on June 21, 2022.
the public upon request directed to the contact per-
son listed in this Notice. The proposed text, ISOR, and PUBLIC COMMENT PERIOD
Notice of Proposed Action will also be made available
on CCHCS’s website https://cchcs.ca.gov and CDCR
institution law libraries. The public comment period will close on June 21,
2022, at 5:00 p.m. Any person may submit public
comments in writing (by mail or by email) regarding
AVAILABILITY OF THE FINAL the proposed changes. To be considered, comments
STATEMENT OF REASONS must be submitted to California Correctional Health
Care Services (CCHCS), Health Care Regulations
and Policy Section, P.O. Box 588500, Elk Grove, CA,
Following its preparation, a copy of the Final 95758, or by email to HealthCareRegulations@cdcr.
Statement of Reasons may be obtained from the con- ca.gov before the close of the comment period.
tact person listed in this Notice.
CONTACT PERSON
AVAILABILITY OF CHANGES TO
PROPOSED TEXT Please direct any inquiries regarding this action to:
After considering all timely and relevant comments R. Hart
received, the Department may adopt the proposed Associate Director (A)
regulations substantially as described in this Notice. Risk Management Branch
If the Department makes modifications which are suf- California Correctional Health Care Services
ficiently related to the originally proposed text, it will P.O. Box 588500
make the modified text (with the changes clearly indi- Elk Grove, CA 95758
cated) available to the public for at least 15 calendar (916) 691–2922
days before the Department adopts the regulations as
revised. Requests for copies of any modified regula- T. Adams
tion text should be directed to the contact person list- Staff Services Manager II
ed in this Notice. The Department will accept written Health Care Regulations and Policy Section
comments on the modified regulations for 15 calendar California Correctional Health Care Services
days after the date on which they are made available. (916) 691–2921
525CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z
AUTHORITY AND REFERENCE ● Provide a consistent standard for the distribution
of reading glasses within CDCR institutions.
GC section 12838.5 provides that commencing July ● Clarify certain patient rights and responsibilities
1, 2005, CDCR succeeds to, and is vested with, all related to reading glasses.
the powers, functions, duties, responsibilities, obliga-
tions, liabilities, and jurisdiction of abolished prede- BENEFITS ANTICIPATED BY THE
cessor entities, such as: Department of Corrections, PROPOSED REGULATIONS
Department of the Youth Authority, and Board of
Corrections. The Department anticipates the proposed regu-
PC section 5000 provides that commencing July 1, lations will benefit the CDCR staff and inmates by
2005, any reference to the Department of Corrections creating a consistent standard for the distribution of
in this or any code, refers to the CDCR, Division of reading glasses within CDCR institutions. It shall also
Adult Operations. clarify certain patient rights and responsibilities relat-
PC section 5050 provides that commencing July 1, ed to reading glasses.
2005, any reference to the Director of Corrections, in
this or any other code, refers to the Secretary of the DOCUMENTS INCORPORATED
CDCR. As of that date, the office of the Director of BY REFERENCE
Corrections is abolished.
PC section 5054 provides that commencing July 1, ● Not applicable.
2005, the supervision, management, and control of the
State prisons, and the responsibility for the care, cus- EVALUATION OF CONSISTENCY/
tody, treatment, training, discipline, and employment COMPATIBILITY WITH
of persons confined therein are vested in the Secretary EXISTING REGULATIONS
of the CDCR.
PC section 5058 authorizes the Director to pre- Pursuant to GC section 11346.5(a)(3)(D), the
scribe and amend regulations for the administration Department must evaluate whether the proposed
of prisons. regulations are inconsistent or incompatible with ex-
References cited pursuant to this regulatory action isting State regulations. Pursuant to this evaluation,
are as follows: Section 5058, Penal Code. Reference: the Department has determined these proposed regu-
Section 5054, Penal Code; Armstrong Remedial Plan. lations are not inconsistent or incompatible with any
Armstrong v. Newsom (Number C94–2307 CW), existing regulations within CCR, Title 15, Division 3.
U.S. District Court, Northern District of California;
and Plata v. Newsom (Number C01–1351 JST), U.S. LOCAL MANDATES
District Court, Northern District of California.
The proposed regulatory action imposes no man-
INFORMATIVE DIGEST/POLICY dates on local agencies or school districts, or a man-
STATEMENT OVERVIEW date which requires reimbursement pursuant to GC
section 17500–17630.
The CDCR and CCHCS propose to amend sec-
tions 3000 and 3095 of the CCR, Title 15, Division FISCAL IMPACT STATEMENT
3, Chapter 1 and sections 3999.98 and 3999.396 of
the CCR, Title 15, Division 3, Chapter 2, concerning ● Cost or savings to any State agency: None.
Reading Glasses. Existing regulations lack the clarity ● Cost to any local agency or school district that is
on specific processes required for providing reading required to be reimbursed: None.
glasses to patients. For example, no specific quantity ● Other nondiscretionary cost or savings imposed
or frequency is currently outlined, or the circumstanc- on local agencies: None.
es under which a replacement pair of reading glass- ● Cost or savings in federal funding to the state:
es should be provided. There is no current language None.
to clarify that patients are provided the opportunity
to self–identify which strength of reading glasses are EFFECT ON HOUSING COSTS
needed. In addition, the existing canteen privilege lan-
guage does not appropriately reflect that a patient may The Department has made an initial determination
still lose canteen privileges for a non–serious disci- that the proposed action will have no significant ef-
plinary hearing, but that reading glasses must still be fect on housing costs because the proposed action will
provided. clarify the distribution of reading glasses in CDCR
This action will: institutions, which only affects patients within CDCR.
526CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z
SIGNIFICANT STATEWIDE ADVERSE EFFECT ON SMALL BUSINESSES
ECONOMIC IMPACT ON BUSINESS
The Department has determined that the proposed
regulations will have no significant adverse economic
The Department has determined that the proposed impact on small businesses because the proposed ac-
action will not have a significant statewide adverse tion will clarify the distribution of reading glasses in
economic impact directly affecting businesses, in- CDCR institutions, which only affects patients within
cluding the ability of California businesses to compete CDCR.
with businesses in other states because the proposed
action will clarify the distribution of reading glass- CONSIDERATION OF ALTERNATIVES
es in CDCR institutions, which only affects patients
within CDCR. The Department must determine that no reasonable
alternative it considered or that has otherwise been
RESULTS OF ECONOMIC identified and brought to its attention would be more
IMPACT ASSESSMENT 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
CDCR has determined the proposed regulations action, or would be more cost–effective to affected pri-
may have a positive impact on public safety, the health vate persons and equally effective in implementing the
and welfare of California’s residents, worker safety, statutory policy or other provisions of law.
and on inmates by ensuring a consistent standard for The Department has made an initial determina-
the distribution of reading glasses to CDCR patients tion that the action will not have a significant adverse
and clarifying certain patient rights and responsibili- economic impact on business. Additionally, there has
ties related to reading glasses. been no testimony, reasonable alternative, or other ev-
The Department has determined that the proposed idence provided that would alter the CDCR’s initial
regulations will have no impact on the creation of determination to proceed with this action.
new or the elimination of existing jobs or businesses
within California or affect the expansion of business- AVAILABILITY OF PROPOSED TEXT AND
es currently doing business in California because the INITIAL STATEMENT OF REASONS
proposed action will clarify the distribution of reading
glasses in CDCR institutions, which only affects pa- The Department has prepared, and will make avail-
tients within CDCR. able, the proposed text and the Initial Statement of
Reasons (ISOR) of the proposed regulatory action.
The rulemaking file for this regulatory action, which
BENEFITS ANTICIPATED BY THE contains those items and all information on which the
PROPOSED REGULATIONS proposal is based (i.e., rulemaking file) is available to
the public upon request directed to the contact per-
The Department anticipates the proposed regu- son listed in this Notice. The proposed text, ISOR, and
lations will benefit the CDCR staff and inmates by Notice of Proposed Action will also be made available
creating a consistent standard for the distribution of on CCHCS’s website https://cchcs.ca.gov and CDCR
reading glasses within CDCR institutions. It will also institution law libraries.
clarify certain patient rights and responsibilities re-
lated to reading glasses. This regulation change will AVAILABILITY OF THE FINAL
not have an impact on the State’s environment, as the STATEMENT OF REASONS
State’s environment is not impacted by processes for
providing reading glasses to CDCR patients. Following its preparation, a copy of the Final
Statement of Reasons may be obtained from the con-
tact person listed in this Notice.
COST IMPACTS ON REPRESENTATIVE
PRIVATE PERSONS OR BUSINESSES AVAILABILITY OF CHANGES TO
PROPOSED TEXT
The Department is not aware of any cost impacts
that a representative private person or business would After considering all timely and relevant comments
necessarily incur in reasonable compliance with the received, the Department may adopt the proposed
proposed action. The proposed action will clarify the regulations substantially as described in this Notice.
distribution of reading glasses in CDCR institutions, If the Department makes modifications which are suf-
which only affects patients within CDCR. ficiently related to the originally proposed text, it will
527CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z
make the modified text (with the changes clearly in- California Trout is requesting a determination that
dicated) available to the public for at least 15 calendar the project and associated documents are complete
days before the Department adopts the regulations as pursuant to Fish and Game Code section 1653 subdi-
revised. Requests for copies of any modified regula- vision (d). If CDFW determines the project is com-
tion text should be directed to the contact person list- plete, California Trout will not be required to obtain
ed in this Notice. The Department will accept written an incidental take permit under Fish and Game Code
comments on the modified regulations for 15 calendar section 2081 subdivision (b) or a Lake or Streambed
days after the date on which they are made available. Alteration Agreement under Fish and Game Code sec-
tion 1605 for the proposed project.
In accordance with Fish and Game Code section
GENERAL PUBLIC INTEREST 1653 subdivision (e), if CDFW determines during the
review, based on substantial evidence, that the request
is not complete, California Trout will have the oppor-
tunity to submit under Fish and Game Code section
DEPARTMENT OF 1652.
FISH AND WILDLIFE
DEPARTMENT OF
FISH AND GAME CODE SECTION 1653 FISH AND WILDLIFE
CONSISTENCY DETERMINATION
REQUEST FOR
CESA CONSISTENCY DETERMINATION
SOUTH FORK FLOODPLAIN RESTORATION
PHASE III REQUEST FOR
(TRACKING NUMBER: STONY POINT FLATS APARTMENTS
1653–2022–091–001–R1) 2080–2022–008–03
SISKIYOU COUNTY SONOMA COUNTY
The California Department of Fish and Wildlife
California Department of Fish and Wildlife (CDFW) received a notice on April 21, 2022, that
(CDFW) received a Request to Approve on 4/19/2022, Stony Point Flats, LP proposes to rely on a consul-
that California Trout proposes to carry out a habitat tation between federal agencies to carry out a project
restoration or enhancement project pursuant to Fish that may adversely affect a species protected by the
and Game Code section 1653. The proposed project California Endangered Species Act (CESA). The pro-
involves expanding upon restoration efforts that have posed project involves the demolition of all existing
occurred adjacent to the project reach by implement- buildings onsite and construction of four buildings
ing one inset floodplain, an apex logjam, three large to create a 50–unit affordable apartment community.
wood structures, five root–wad groupings, and sev- Proposed activities will include, but are not limited to,
en small wood structures. The proposed project will excavation and shoring, foundation and below–grade
be carried out on South Fork Scott River, located at construction, and construction of the building and
3044 Cecilville Road, Callahan, Siskiyou County, finishing interiors. The proposed project will occur
California. at 2268 Stony Point Road (APN 125–521–008), Santa
On 7/1/2021, the North Coast Regional Water Rosa, Sonoma County, California.
Quality Control Board (Regional Water Board) re- The U.S. Fish and Wildlife Service (Service) is-
ceived a Notice of Intent (NOI) to comply with the sued a federal biological opinion (BO) (Service Ref.
terms of, and obtain coverage under, the General 401 Number 2022–0021147) in a memorandum to the U.S.
Water Quality Certification Order for Small Habitat Army Corps of Engineers on April 20, 2022, which
Restoration Projects (General 401 Order) for the South considered the effects of the proposed project on the
Fork Floodplain Restoration Phase III. The Regional federally endangered and state threatened Sonoma
Water Board determined that the project, as described County Distinct Population Segment of California
in the NOI, was categorically exempt from California tiger salamander (Ambystoma californiense), state
Environmental Quality Act (CEQA) review (sec- and federally endangered Sebastopol meadowfoam
tion 15333 – Small Habitat Restoration Projects) and (Limnanthes vinculans), and state and federally en-
met the eligibility requirements for coverage under dangered Sonoma sunshine (Blennosperma bakeri).
the General 401 Order. The Regional Water Board Pursuant to California Fish and Game Code section
issued a Notice of Applicability (WDID Number 2080.1, Stony Point Flats, LP is requesting a determi-
1A21148WNSI; ECM PIN Number CW–875118) for nation that the BO and its associated Incidental Take
coverage under the General 401 Order on 9/20/2021. Statement (ITS) are consistent with CESA for purposes
528CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z
of the proposed project. If CDFW determines the BO Incidental Take Statement (ITS) are consistent with
and its associated ITS are consistent with CESA for CESA for purposes of the proposed project. If CDFW
the proposed project, Stony Point Flats, LP will not determines the BO and its associated ITS are consis-
be required to obtain an incidental take permit under tent with CESA for the proposed project, the Save the
Fish and Game Code section 2081 subdivision (b) for Redwoods League will not be required to obtain an
the proposed project. incidental take permit under Fish and Game Code sec-
tion 2081 subdivision (b) for the proposed project.
DEPARTMENT OF
FISH AND WILDLIFE DEPARTMENT OF
FISH AND WILDLIFE
CESA CONSISTENCY DETERMINATION
REQUEST FOR PROPOSED RESEARCH FOR A FULLY
REDWOOD NATIONAL AND STATE PROTECTED SPECIES
PARK VISITOR CENTER AND RESEARCH ON THE BLUNT–NOSED
RESTORATION PROJECT LEOPARD LIZARD (GAMBELIA SILA)
2080R–2022–007–01
HUMBOLDT COUNTY The Department of Fish and Wildlife (Department)
received a proposal on April 8, 2022, from Dr. Rory
The California Department of Fish and Wildlife Telemeco requesting authorization to take the Blunt–
(CDFW) received a notice on April 15, 2022, that the nosed Leopard Lizard (Gambelia sila) (‘BNLL’) for
Save the Redwoods League proposes to rely on a con- scientific research purposes consistent with conserva-
sultation between federal agencies to carry out a proj- tion and recovery of the species. The BNLL is a Fully
ect that may adversely affect a species protected by Protected reptile and is also listed as Endangered un-
the California Endangered Species Act (CESA). The der the California and federal Endangered Species
proposed project involves the restoration of approxi- Acts.
mately 89 acres of the lower Prairie Creek watershed Dr. Telemeco is an Assistant Professor in Biology
(major tributary to Redwood Creek) and enhancement at California State University, Fresno, with extensive
of aquatic habitat in approximately three–quarters of experience conducting research on lizard reproduc-
a mile of mainstem Prairie Creek. Proposed activities tive and thermal ecology, including U.S. Fish and
will include, but are not limited to, improving stream Wildlife Service– and Department–approved research
connectivity with the adjacent floodplain and creation on BNLL for the past two years. Part of this work in-
of a diversity of habitats (primary channel, backwater volved a collaborative effort to establish the first of its
channels, installation of large wood, wetlands) to im- kind captive breeding program for the species at the
prove salmonid habitat. The restoration also includes Fresno Chaffee Zoo (FCZ), with Mr. Mark Halvorsen
removing non–native vegetation and planting native as the Principal Investigator in his capacity as the
vegetation across the site, removing 21 acres of as- Curator of Reptiles. This work was previously noticed
phalt, and restoring old mill roads. The proposed proj- on February 28, 2020 (Telemeco; 9–Z, pages 323–325)
ect will occur in the lower part of the Prairie Creek and July 24, 2020 (Halvorsen; 30–Z, page 1072).
sub–basin of the Redwood Creek watershed near Past research has demonstrated that drought ad-
Orick, California. versely affects BNLL recruitment, resulting in pop-
The National Marine Fisheries Service (Service) is- ulation declines, but nothing is known about poten-
sued a federal biological opinion (BO) (Service Ref. tial climate change impacts on nesting success. Dr.
Number WCRO–2021–01006) in a memorandum to Telemeco is proposing to examine the feasibility of
the U.S. Army Corps of Engineers and the National using the closely related Long–nosed Leopard Lizard
Oceanic and Atmospheric Administration Restoration (G. wislizenii, LNLL) as a surrogate for BNLL in ex-
Center, which considered the effects of the proposed periments aimed at identifying and ameliorating the
project on state and federally threatened Southern potential adverse effects from climate change on nest-
Oregon/Northern California Coast coho salmon ing success. The proposed validation experiment in-
(Oncorhynchus kisutch), and federally threatened volves placing BNLL eggs that were produced from
Northern California steelhead (O. mykiss), of which the captive breeding program, along with eggs from
the summer–run population is a candidate for listing wild–caught LNLL, under various thermal and hydric
under CESA. treatments and comparing the outcomes between the
Pursuant to California Fish and Game Code section two species. The incubation work will be conducted at
2080.1, the Save the Redwoods League is request- the FCZ under the direct oversight of Mr. Halvorsen
ing a determination that the BO and its associated and authorized staff. Future post–hatching fitness
529CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z
monitoring and experiments will be undertaken in the Tyler Lobdell
animal lab at Fresno State University under the direct tlobdell@fwwatch.org
oversight of Dr. Telemeco. Food & Water Watch
The Department intends to issue, under specified
conditions, MOUs to authorize qualified wildlife re- Cristina Stella
searchers, with Dr. Telemeco and Mr. Halvorsen as cstella@aldf.org
the Principal Investigators, to carry out the proposed
activities. Dr. Telemeco, Mr. Halvorsen, and the re- Christine Ball–Blakely
searchers are also required to have a valid federal re- cblakely@aldf.org
covery permit for the BNLL, and a scientific collect- Animal Legal Defense Fund
ing permit (SCP) to take other terrestrial species in Re: Petition for Reconsideration of the Denial of
California. the Petition for Rulemaking to Exclude All
Pursuant to California Fish and Game Code (FGC) Fuels Derived from Biomethane from Dairy
Section 5050(a)(1), the Department may authorize take and Swine Manure from the Low Carbon Fuel
of Fully Protected reptile species after a 30 days’ notice Standard Program
has been provided to affected and interested parties Dear Phoebe Seaton, Michael Claiborne, Jamie
through publication of this notice. If the Department Katz, Brent Newell, Tom Frantz, Tarah Heinzen, Tyler
determines that the proposed research is consistent Lobdell, Christina Stella, and Christine Ball–Blakely,
with the requirements of FGC Section 5050 for take of This is in response to your petition for reconsid-
Fully Protected reptiles, it would issue the MOU on or eration,1 submitted by the Association of Irritated
after June 6, 2022, for an initial and renewable term of Residents (AIR), Leadership Counsel for Justice &
up to, but not to exceed, five years. Accountability, Law Offices of Brent J. Newell, Food
Contact: Laura Patterson, Laura.Patterson@ & Water Watch, and Animal Legal Defense Fund, on
wildlife.ca.gov, 916–373–6633. March 25, 2022, relating to petitioners’ October 27,
2021 petition for rulemaking to the California Air
Resources Board (CARB).2 CARB initially acknowl-
RULEMAKING PETITION edged receipt of the petition for reconsideration on
DECISION April 8, 2022.3
In your petition for rulemaking and your petition for
reconsideration, you requested that CARB amend the
AIR RESOURCES BOARD Low Carbon Fuel Standard (LCFS) regulations found
at title 17, California Code of Regulations (CCR), sec-
Sent via email: tions 95480 through 95503, which are authorized by
April 25, 2022 the Global Warming Solutions Act of 2006 (AB 32).4
Specifically, the petitions request that CARB exclude
Tom Frantz
tom.frantz49@gmail.com 1
Submitted pursuant to Government Code, § 11340.6 and
Association of Irritated Residents § 11340.7(c).
2
The petition is available from CARB upon request.
Phoebe Seaton
3
See letter from Mr. Matthew Botill, Chief, Industrial Strategies
Division, CARB, to petitioners, attached as Exhibit A.
pseaton@leadershipcounsel.org 4
See, e.g., Health & Saf. Code, §§ 38560 and 38560.5. Pe-
titioners argue that the LCFS violates Health and Safety Code
Michael Claiborne section 38562, but the LCFS was not developed based upon
that section’s authority, and is not bound by its requirements.
mclaiborne@leadershipcounsel.org No version of the LCFS regulations has ever referenced Health
and Safety Code section 38562 as authorizing authority. Health
and Safety Code section 38562 applies to the Cap–and–Trade
Jamie Katz regulations published at title 17, CCR, sections 95801 through
jbkatz@leadershipcounsel.org 96022, but does not apply to the LCFS. See, e.g., CARB response
Leadership Counsel for Justice & Accountability to GROWTHENERGY1 comment B4–33 in the Responses
to Comments on the Draft EA (available here: https://ww2.arb.
ca.gov/sites/default/files/barcu/regact/2018/lcfs18/rtcea.pdf?_
Brent Newell ga=2.136319792.1612206215.1649357322-380047974.1536712726)
brentjnewell@outlook.com for the 2018 LCFS amendments (available here: https://ww2.
arb.ca.gov/rulemaking/2018/low-carbon-fuel-standard-and-
Law Offices of Brent J. Newell alternative-diesel-fuels-regulation-2018). In particular, the
LCFS has never contained a general additionality requirement.
The LCFS is designed to incentivize increased production of low
Tarah Heinzen carbon intensity fuels by rewarding the supply of volumes of such
theinzen@fwwatch.org fuels.
530CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z
all fuels derived from biomethane from dairy and As the petition for reconsideration notes, this March
swine manure from the LCFS, or, in the alternative, to 29, 2022, workshop followed from a suggestion from
reform the LCFS treatment of those fuels to account Board Chair, Liane Randolph, consistent with inter-
for additional greenhouse gas (GHG) emissions. The ests expressed by other Board members during the
sections of the regulation that the petitions request that January 27, 2022, CARB Board hearing, that CARB
CARB amend are title 17, CCR, sections 95488.3 and staff convene public opportunities to explore and share
95488.9(f). findings and discussion on the issues raised in the peti-
tioners’ initial petition in the near term. Following that
CARB partially denied and partially granted the March 29, 2022, workshop, CARB staff are working
October 27, 2021 petition for rulemaking on January to summarize and synthesize the discussion and out-
26, 2022.5 CARB partially denied the petition by de- comes for a report to the Board and the public.
clining to amend the LCFS Regulation in the manners
suggested but granted the petition in part by affirming In addition, CARB staff recently finalized an
CARB’s commitment to continue to engage with pe- “Analysis of Progress toward Achieving the 2030 Dairy
titioners on the programmatic, environmental justice, and Livestock Sector Methane Emissions Target” and
and environmental integrity concerns raised in the pe- overcoming technical and market barriers to methane
tition through ongoing public processes. emissions reductions projects,8 as required by SB 1383
(Lara, Stats. of 2016, chapter 395).9 Completion of this
Since January, CARB has followed up on this ele- analysis is one of several elements required by SB
ment of the response to the petition by continuing the 1383 as preconditions for the requirement that CARB
ongoing AB 32 Climate Change 2022 Scoping Plan adopt and implement regulations to reduce methane
update development process,6 and by hosting a com- emissions from livestock manure management oper-
prehensive public workshop on “Methane, Dairies and ations and dairy manure management operations to
Livestock, and Renewable Natural Gas in California” meet the 2030 methane reduction target after January
on March 29, 2022.7 Representatives of the petition- 1, 2024.10 The analysis shows that, primarily as a re-
ers participated in the full–day workshop panels along sult of the State’s investment, as well as reductions in
with academics; community representatives; dairy and animal populations,11 the dairy and livestock sector is
livestock industry representatives; investors; State, re-
gional, and local environmental regulators, and oth- 8
CARB, Final Analysis of Progress toward Achieving the
ers. The workshop provided a public forum to seek 2030 Dairy and Livestock Sector Methane Emissions Target
comment on topics pertinent to the concerns raised (Mar. 2022) available here: https://ww2.arb.ca.gov/resources/
documents/dairy-livestock-sb1383-analysis (Final Analysis).
by petitioners’ petitions. Those topics included State 9
Health & Saf. Code, § 39730.7(c) (“the state board, in consul-
mandates for reductions in methane emissions, trends tation with the department, shall analyze the progress the dairy
in the dairy and livestock industry, State programs and livestock sector has made in achieving the goals identified in
that reduce dairy methane, environmental regulations the strategy and specified in paragraph (1) of subdivision (b). The
analysis shall determine if sufficient progress has been made to
affecting dairy operations (including concerns raised overcome technical and market barriers, as identified in the strat-
about potential impacts associated with environmen- egy.”). The goals specified in Health and Safety Code, section
tal policies and programs), and stakeholder perspec- 39730.7(b)(1) are to “reduce methane emissions from livestock
manure management operations and dairy manure management
tives on dairies. CARB also opened a public comment operations [...] up to 40 percent below the dairy sector’s and live-
docket following the workshop to solicit additional in- stock sector’s 2013 levels by 2030.”
put from the public on workshop topics. 10
Health & Saf. Code, § 39730.7(b). Specifically, among oth-
er preconditions for adopting the methane emissions reduction
regulations required, CARB must, in consultation with the Cal-
5
CARB Response to Petition for Rulemaking to Exclude All ifornia Department of Food and Agriculture, determine that the
Fuels Derived from Biomethane from Dairy and Swine Manure regulations are technologically and economically feasible, cost–
from the Low Carbon Fuel Standard Program (Jan. 26, 2022), effective, include provisions to minimize and mitigate potential
available here: https://ww2.arb.ca.gov/sites/default/files/2022-01/ leakage, and include an evaluation of the achievements made by
LCFS%20Petition%20Response%202021.pdf. incentive–based programs. Health & Saf. Code, § 39730.7(b)(4).
6
2022 AB 32 Climate Change Scoping Plan update work- 11
As discussed on pages 10–11 in the CARB Final Analysis,
shop materials available here: https://ww2.arb.ca.gov/our-work/ supra note 7, CARB staff calculated an average annual decline
prog r a ms/ab -32- cli mate - cha nge -scopi ng-pla n /scopi ng- of 0.5 percent in animal populations from the dairy and livestock
plan-meetings-workshops. As noted in CARB’s January 26, 2022 sector in California between 2008 and 2017. Many market fac-
response to the October 27, 2021 petition, AB 32 directs CARB to tors, including sustained low commodity prices, high production
develop, and update at least once every five years, the overarching costs, reduced state, national, and international demand, and
climate change strategy known by the statutory term as a “scop- expansion of alternative product markets, suggest this trend in
ing plan.” See Health & Saf. Code, § 38561. population decrease will continue. Many of these same trends,
7
March 29, 2022 Methane, Dairies and Livestock, and Renew- along with improved production efficiency from economies of
able Natural Gas in California public workshop agenda avail- scale, have also contributed to the ongoing consolidation trend
able here: https://ww2.arb.ca.gov/sites/default/files/2022-03/ throughout the dairy industry in California and the United States
dairy-workshop-agenda-03-29-2022.pdf, and presentations that has been occurring for decades. Petitioners have not demon-
available here: https://ww2.arb.ca.gov/resources/documents/ strated that the LCFS rather than industry trends or other factors
dairy-workshop-presentations-03-29-2022. are responsible for the harms petitioners highlight.
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