California Regulatory Notice Register — Register 2025, No. 19-Z (MAY 9, 2025)

Cal. Reg. Notice Reg. 2025, No. 19

California Z Register

GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2025, NUMBER 19–Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW M AY 9, 2025 PROPOSED ACTION ON REGULATIONS TITLE 2.

F AIR POLITICAL PRACTICES COMMISSION Conflict-of-Interest Code — Notice File Number Z2025–0429–02 .......................................... 589 AMENDMENT MULTI–COUNTY: Glenn–Colusa Irrigation District Elsinore V alley Municipal Water District STATE AGENCY: New Motor Vehicle Board Native American Heritage Commission ADOPTION MULTI–COUNTY: Northern Rural Training and Employment Consortium TITLE 2. NEW MOTOR VEHICLE BOARD Conflict-of-Interest Code — Notice File Number Z2025–0428–01 .......................................... 590 TITLE 4.

DEP ARTMENT OF CANNABIS CONTROL Animal Cannabis Product Standards — Notice File Number Z2025–0429–05 ................................ 590 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE MOCR Pond Desedimentation and Restoration Project, Santa Clara County ................................. 593 DEPARTMENT OF FISH AND WILDLIFE Storm Damage Repair and Restoration of Ponds D2, D5, H6, K3, and M1, Contra Costa County. . . . . . . . . . . . . . . . . 595 DEPARTMENT OF FISH AND WILDLIFE Sunol Valley Fish Passage Project, Alameda County .................................................... 598 (Continued on next page) Time- Dated Material

OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Public Meeting and Business Meeting ................................................................ 602 DECISION NOT TO PROCEED CALIFORNIA DEPARTMENT OF HUMAN RESOURCES (CALHR) Correction to Notice of Decision Not to Proceed Published in the April 25, 2025 Notice Register Concerning Biweekly Payroll Cycle .................................................................. 603

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 604 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 $409.00 (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 2025, VOLUME NUMBER 19–Z 589 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 Po - litical Practices Commission, pursuant to the au - thority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of–interest codes, will review the proposed/ amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Glenn–Colusa Irrigation District Elsinore Valley Municipal Water District STATE AGENCY: New Motor Vehicle Board Native American Heritage Commission ADOPTION MULTI–COUNTY: Northern Rural Training and Employment Consortium A written comment period has been established commencing on May 9, 2025, and closing on June 23, 2025.

Written comments should be directed to the Fair Political Practices Commission, Attention: Andrea Spiller Hernandez, 1102 Q Street, Suite 3050, Sacra - mento, 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 their review, unless any interested person or their duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hear- ing before the full Commission.

If a public hearing 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 their own motion or at the request of any interested person, will approve, or revise and approve, or re - turn 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 Di- rector of the Commission, relative to review of the pro- posed conflict–of–interest codes.

Any written com - ments must be received no later than June 23, 2025. 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 Com - mission as the code reviewing body for the above conflict–of–interest codes shall approve codes as sub- mitted, revise the proposed code, and approve it as re- vised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 provide that agencies shall adopt and promulgate conflict–of–interest codes pursuant to the Political Re- form Act and amend their codes when change is ne - cessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict–of–interest codes should be made to Andrea

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 590 Spiller Hernandez, Fair Political Practices Commis - sion, 1102 Q Street, Suite 3050, Sacramento, Califor - nia 95811, or email aspiller–hernandez@fppc.ca.gov. 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 Andrea Spiller Hernandez, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email aspiller–hernandez@fppc.ca.gov.

TITLE 2. NEW MOTOR VEHICLE BOARD NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the New Mo - tor Vehicle Board, pursuant to the authority vested in it by

section 87306 of the Government Code, pro - poses amendment to its conflict–of–interest code. A comment period has been established commencing on May 9, 2025 and closing on June 23, 2025. All inqui - ries should be directed to the contact listed below. The New Motor Vehicle Board proposes to amend its conflict–of–interest code to include employee po - sitions that involve the making or participation in the making of decisions that may foreseeably have a mate- rial effect on any financial interest, as set forth in sub- division (

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 bur - densome to affected persons. Changes to the conflict–of–interest code include: the addition of the Assistant Division Chief/Program Manager position in Appendix A — Designated Posi - tions and also makes other technical changes. The proposed amendment and explanation of the reasons can be obtained from the agency’s contact.

Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than June 23, 2025, or at the con - clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than June 8, 2025. The New Motor Vehicle Board 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 under

Part 7 (commencing with

Section 17500) of Divi- sion 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 amend - ment and any communication required by this no - tice should be directed to: Robin Parker, Chief Coun - sel, New Motor Vehicle Board, (916) 445–1888, robin.parker@nmvb.ca.gov. TITLE 4. DEPARTMENT OF CANNABIS CONTROL DIVISION 19.

ANIMAL CANNABIS PRODUCT STANDARDS Notice is hereby given that the Department of Can - nabis Control (Department) proposes to adopt the amended regulations described below after consider - ing all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Department will hold a virtual public hearing on June 24, 2025, beginning at 10:00 a.m. Attendees may participate via WebEx online meeting platform or telephone conferencing.

To participate via WebEx online meeting platform, please contact Randy Allen at (916) 465–9025 or Randy.Allen@cannabis.ca.gov by 4:30 p.m. on June 23, 2025, to request a link to the meeting. A link to the meeting will also be posted on the Department’s website no later than 9:00 a.m. the day of the hearing. As a reasonable accommodation, limited in–person seating will be available in the Department Hearing Room, 2920 Kilgore Road, Rancho Cordova, CA 95670. Attendees must comply with all COVID–19 safety protocols.

Please contact Randy Allen at (916) 465–9025 or Randy.Allen@cannabis.ca.gov by 4:30 p.m. on June 23, 2025, if a reasonable accommodation is necessary. Participants will be given instructions on how to provide oral comment once they have accessed the hearing. The hearing will proceed on the dates noted above until all testimony is submitted or 12:00 p.m., whichever is later. At the hearing, any person may

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 591 present oral or written statements or arguments rel - evant to the proposed action described in the Infor - mative Digest. The Department requests, but does not require, that persons who make oral comments at the hearing also submit a written copy of their testimony via email.

WRITTEN COMMENT PERIOD Any interested person, or the interested person’s authorized representative, may submit written com - ments relevant to the proposed regulatory action by mail or email to: Department of Cannabis Control Legal Affairs Division 2920 Kilgore Road Rancho Cordova, CA 95670 Email: publiccomment@cannabis.ca.gov The written comment period closes on June 23, 2025. To be considered by the Department, a comment must be received by June 23, 2025. AUTHORITY Business and Professions Code sections 26013 and 26130. REFERENCE Business and Professions Code sections 26013 and 26130.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Effect of the Proposed Action Assembly Bill (AB) 1885 (Chapter 389, Statutes of 2022) requires the Department to promulgate regu - lations for cannabis products intended for use on, or consumption by, animals no later than July 1, 2025. Under Business and Professions Code (BPC)

section 26130(e) (1), if a cannabis product is intended for ther- apeutic effect or health supplementation use on, or for consumption by, an animal, the cannabis product must conform with any additional relevant standards, in - cluding, but not limited to, an alternative standardized concentration, established by the Department through regulations. Under BPC

section 26130(e) (2), cannabis products may not be marketed or sold for use on, or consumption by, animals before these regulations for animal standards take effect.

In implementing AB 1885, the proposed action would define relevant terms; clarify that unless oth - erwise specified in law, animal cannabis products are subject to the same statutory and regulatory require - ments as adult–use cannabis products; limit the types of animal cannabis products that may be manufac - tured; and establish an alternative standardized con - centration for total tetrahydrocannabinol (THC) per package of animal cannabis products.

Evaluation of Inconsistency with Federal Laws The United States Drug Enforcement Administra - tion under the Controlled Substances Act (21 U.S.C. § 812) lists cannabis as a

Schedule 1 Drug. This means that commercial cannabis activity is illegal under fed- eral law. However, California, through the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and other laws, has decriminalized the cultivation, sale, and possession of cannabis goods for persons aged 21 or older and for medicinal patients. Objectives and Anticipated Benefits of the Proposed Regulations The proposed regulations will protect the health and safety of animals by establishing clear standards spe - cifically tailored to govern manufacture, distribution, and sale of animal cannabis products.

In general, ani - mal cannabis products must meet the same standards as cannabis products intended for human consumption currently on the market. These standards include strict compliance with manufacturing quality control pro - grams, and packaging, labeling, and testing require - ments that will ensure animal products are not adul - terated or misbranded.

Restricting manufacture to ed - ible products, orally consumed concentrates, and top - ical products will allow for and encourage the devel - opment of a robust and varied market for animal can - nabis products while ensuring that animals are not ex- posed to potentially harmful forms of cannabis, such as combustible and inhalable products. Restricting animal cannabis products to not more than one mil - ligram of total THC per package will reduce the risk of toxicosis and death from exposure to unsafe levels of THC.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations After careful evaluation, the Department has deter - mined that the proposed changes are not inconsistent or incompatible with existing regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: ● Mandate on local agencies or school districts: None. ● Cost or savings to any state agency: The De - partment will incur costs of updating the track and trace system to account for animal cannabis products and increased inspection workload. The

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 592 Department may realize additional revenue from increased licensing fees paid by licensees whose gross revenues increase enough to place them in a higher fee tier. Department costs would be mi - nor and absorbable within the Department’s bud- get.

The proposed regulations are not expected to have any fiscal impact on any other state agencies. ● Cost to any local agency or school district required to be reimbursed in accordance with Government Code sections 17500 through 17630: None. ● Other nondiscretionary cost or savings imposed upon local agencies: None. ● Cost or savings in federal funding to the state: None. ● Significant, statewide adverse economic impact directly affecting businesses, including the abili - ty of California businesses to compete with busi - nesses in other states: None. ● Cost impacts on a representative private person or business: The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed regulations. ● Effect on housing costs: None.

Results of the Economic Impact Assessment The Department concludes that the proposal is un - likely to eliminate any jobs, create any new business - es, or eliminate any existing businesses. The Depart - ment believes the proposal may create approximately 11 jobs and result in the expansion of businesses cur - rently doing business in the state. As discussed above, the proposed regulations will benefit the health and welfare of domestic animals in California by ensur - ing that animals are not exposed to potentially harm - ful forms of cannabis.

The proposal is not expected to affect worker safety or the state’s environment. Small Business Determination The proposed regulations would affect approxi - mately 5,600 businesses, approximately 97 percent of which are estimated by the Department to be small businesses. These businesses include licensed manu - facturers, retailers, and distributors. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Department must de- termine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, as effective and less burdensome to affected private persons than the proposed action, or more cost–effective to affected private persons and equally effective in implementing the statutory policies or other provisions of law.

CONTACT PERSONS Inquiries concerning the proposed rulemaking ac - tion may be directed to: Nicole Niermeyer Department of Cannabis Control 2920 Kilgore Road Rancho Cordova, CA 95670 (916) 465–9025 Regulations@cannabis.ca.gov The backup contact person for these inquiries is: Kaila Fayne Department of Cannabis Control 2920 Kilgore Road Rancho Cordova, CA 95670 (916) 251–4544 Kaila.Fayne@cannabis.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will make the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above ad - dress.

As of the date this notice is published in the Notice Register, the rulemaking file consists of the Notice of Proposed Action, the proposed text of the regulations, the Initial Statement of Reasons, and the STD. 399. Please direct requests to inspect or copy the rulemaking file to the contact person(

s) listed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as described in this notice. If the Department makes modifications that are suffi - ciently related to the originally proposed text, it will make the modified text (with the changes clearly in - dicated) available to the public for at least 15 days be- fore adopting the regulations as revised. Please direct requests for copies of any modified regulations to the contact person(

s) listed above. The Department will accept written comments on the modified regulations for the duration of the period of public availability. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Department will make cop- ies of the Final Statement of Reasons available. Please

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 593 direct requests for copies to the contact person(

s) list - ed above. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement or Reasons, and the text of the regu - lations with modifications highlighted, as well as the Final Statement of Reasons, when complet - ed, and modified text and notices thereof, if any, may be accessed via the Department’s website at https://www.cannabis.ca.gov/cannabis–laws/ rulemaking/.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE BAY DELTA REGION HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2025–156–001–R3 Project: MOCR Pond Desedimentation and Restoration Project Location: Santa Clara County Applicant: Matthew Fogarty, Santa Clara Valley Habitat Agency Background Project Location: The Máyyan ‘Ooyákama – Coy - ote Ridge Open Space Preserve (MOCR) Pond Desed- imentation and Restoration Project (Project) is locat - ed within the Máyyan ‘Ooyákama — Coyote Ridge Open Space Preserve, in the Diablo Foothills between the cities of San Jose and Morgan Hill, in unincor - porated Santa Clara County, latitude 37.215228, and longitude –121.706817.

The property is owned by San- ta Clara Valley Open Space Authority, Assessor Par - cel Numbers (APN) 627–11–009, 729–53–003, and 729–53–002, and affects unnamed tributaries to Coy - ote Creek and Anderson Reservoir. The unnamed trib- utaries to Coyote Creek and Anderson Reservoir sup - port populations of California tiger salamander ( Am- bystoma californiense) and California red–legged frog (Rana draytonii).

Project Description: Matthew Fogarty, representing Santa Clara Valley Habitat Agency (Applicant) pro - poses to enhance or restore habitat within five stock ponds within the Máyyan ‘Ooyákama — Coyote Ridge Open Space Preserve to provide a net conser - vation benefit for California red–legged frog, Califor- nia tiger salamander, Bay checkerspot butterfly ( Eu- phydras editha bayensis), Santa Clara Valley dudleya (Dudleya abramsii ssp. setchelii), Metcalf Canyon jewelflower (Streptanthus albidus ssp. albidus), most beautiful jewelflower (Streptanthus albidus ssp. per- amoenus), and smooth lessingia ( Lessingia micrade - nia var. glabrata).

Historically, the stock ponds have provided high quality breeding habitat for California tiger salamander and California red–legged frog and have also provided a source of water for cattle graz - ing, which is used as a management tool to maintain high quality habitat for serpentine endemic plants and wildlife. In the last 10–20 years, the stock ponds have accumulated sediment and no longer provide suit - able breeding habitat for California red–legged frog or California tiger salamander.

The Project will result in an increase in depth of ponds CRW–02, CRW–03, CRW–05, CRW–06 and CRW–07 through the remov- al of up to 1,210 cubic yards (cy) of sediment. Addi - tionally, approximately 450 feet of pig/cattle exclusion fences will be installed around two ponds (CRW–02 and CRW–06), and logs or branches may be placed on pond margins to enhance habitat for native species. Specific details for each pond include: ● For Pond CRW–02, up to 60 cy of soil is proposed to be excavated from the pond bottom.

Spoils will be placed in an upland grassland area, and the spoils site will be prepared by stripping and salvaging approximately 6 inches of topsoil. The Applicant will cover the site with topsoil mixed with a small volume of the pond spoils to pre - serve topsoil biota and seedbank and expedite re- vegetation of the site. The Applicant may install a 220–foot welded wire panel fence around a por - tion of the pond for exclusion of pigs and cattle.

The site will be accessed through a constructed 300–foot temporary access route. ● For Pond CRW–03, up to 550 cy of soil is pro - posed to be excavated from the pond bottom. Spoils will be placed in an upland grassland area, and the spoils site will be prepared by stripping and salvaging approximately 6 inches of topsoil. The Applicant will cover the site with topsoil mixed with a small volume of the pond spoils to preserve topsoil biota and seedbank and expedite revegetation of the site.

The site will be accessed through an existing vehicle access route. ● For Pond CRW–05, up to 200 cy of soil is pro - posed to be excavated from the pond bottom. Spoils will be placed in an upland grassland area, and the spoils site will be prepared by stripping and salvaging approximately 6 inches of topsoil. The Applicant will cover the site with topsoil mixed with a small volume of the pond spoils to

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 594 preserve topsoil biota and seedbank and expedite revegetation of the site. The site will be accessed through a constructed 650–foot temporary access route. ● For Pond CRW–06, up to 200 cy of soil is pro - posed to be excavated from the pond bottom. Spoils will be placed in an upland grassland area, and the spoils site will be prepared by stripping and salvaging approximately 6 inches of topsoil.

The Applicant will cover the site with topsoil mixed with a small volume of the pond spoils to preserve topsoil biota and seedbank and expedite revegetation of the site. The Applicant may install a 250–foot welded wire panel fence around a por- tion of the pond for exclusion of pigs and cattle. The site will be accessed through an existing ser- vice road. ● For Pond CRW–07, up to 200 cy of soil is pro - posed to be excavated from the pond bottom. Spoils will be placed in an upland grassland area, and the spoils site will be prepared by stripping and salvaging approximately 6 inches of topsoil.

The Applicant will cover the site with topsoil mixed with a small volume of the pond spoils to preserve topsoil biota and seedbank and expedite revegetation of the site. The site will be accessed through a constructed 400–foot temporary ac - cess route. Project Size: The total area of ground disturbance associated with the Project is approximately 4.20 acres (3.91 to non–jurisdictional areas, and 0.29 to jurisdic - tional areas).

The proposed Project complies with the General 401 Certification for Small Habitat Resto - ration Projects and associated categorical exemption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge: Discharge of materi- als into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Proj- ect include those associated with the following: (1) 1,210 cubic yards (cy) of soil fill.

Project Timeframes: Start date: August 2025 Completion date: October 2025 Work window: August 15 — October 15 Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration intended to improve the quality of waters in Califor - nia, improve habitat for California red–legged frog, and improve water sources for cattle grazing (which is used for upland habitat management), the San Fran- cisco Bay Regional Water Quality Control Board (Re- gional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resourc - es Control Board General 401 Water Quality Certi - fication Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) Number 2 CW 459700, RM Number 459700, Place ID 898637) for the Project.

The NOA describes the Project and requires the Applicant to comply with terms of the Order. Additionally, the Applicant has provided a supplemental document that sets forth mea- sures to avoid and minimize impacts to aquatic spe - cies, native plants, and wetland and stream habitats. Receiving Water : Unnamed tributaries to Coyote Creek and Anderson Reservoir. Filled or Excavated Area : Permanent area impact - ed: none. Temporary area impacted: 0.29 acres. Dredge Volume: None. Discharge Volume: 1,210 cy of soil.

Project Location : Latitude 37.215228. and Lon - gitude –121.706817, (NAD 83); APN: 627–11–009, 729–53–003, and 729–53–002. Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Proj - ect, as described in the Notice of Intent (NOI) com - plies with the California Environmental Quality Act (Public Resources Code, § 21000 et seq.). On April 8, 2025, the Director of the California De- partment of Fish and Wildlife (CDFW) received a no- tice from the Applicant requesting a determination pursuant to Fish and Game Code

Section 1653 that the NOA, NOI, and related species protection measures are consistent with the Habitat Restoration and En - hancement Act (HREA) with respect to the Project. Pursuant to Fish and Game Code

section 1653 sub - division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on April 9, 2025, for pub - lishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. No - tice File Number Z–2025–0409–01) on April 25, 2025. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (f). Determination CDFW has determined that the NOA, NOI, and re - lated species protection measures are consistent with HREA as to the Project and meets the conditions set forth in Fish and Game Code

section 1653 for autho - rizing the Project. Specifically, CDFW finds that:

(1) The Project pur- pose is voluntary habitat restoration and the Project is not required as mitigation; (2) the Project is not part of a regulatory permit for a non–habitat restoration or enhancement construction activity, a regulatory set - tlement, a regulatory enforcement action, or a court order; and (3) the Project meets the eligibility require- ments of the State Water Resources Control Board’s Order for Clean Water Act

Section 401 General Wa -

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 595 ter Quality Certification for Small Habitat Restoration Projects. Avoidance and Minimization Measures The avoidance and minimization measures for Proj- ect, as required by Fish and Game Code

section 1653, subdivision (b) (4), were included in an attachment to the NOI, which contains the following categories:

(1) Condition 1: Avoid Direct Impacts on Legally Protect- ed Plan and Wildlife Species;

(2) Condition 3: Main - tain Hydrologic Conditions and Protect Water Qual - ity;

(3) Condition 4: In–Stream Projects;

(4) Condi - tion 7: Rural Development Design and Construction Requirements;

(5) Condition 12: Wetland and Pond Avoidance and Minimization;

(6) Condition 13: Ser - pentine and Associated Covered Species Avoidance and Minimization; and

(7) Condition 20: Avoid and Minimize Impacts to Covered Plant Species. The spe- cific avoidance and minimization requirements are found in an attachment to the NOI, Máyyan ‘Ooyáka- ma — Coyote Ridge Open Space Preserve (MOCR) Pond Desedimentation and Restoration Project, At - tachment A, prepared by Santa Clara Valley Habitat Agency. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Moni- toring and Reporting Plan provides a timeline for res - toration, performance standards, and monitoring pa - rameters and protocols. Specific requirements of the plan are found in an attachment to the NOI, Máyyan ‘Ooyákama — Coyote Ridge Open Space Preserve (MOCR) Pond Desedimentation and Restoration Project Monitoring and Reporting Plan, prepared by Santa Clara Valley Habitat Agency.

Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Or - der for Small Habitat Restoration Projects requires the Applicant to submit a Notice of Completion (NOC) no later than 30 days after the project has been complet - ed. A complete NOC includes, at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● WDID number, RM Number, and Place ID num- ber indicated above; ● success criteria for the Project.

The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Proj - ect description as provided in the Applicant’s NOI. Applicant shall include the project name, WDID number, RM Number, and Place ID number with all future inquiries and document submittals. Pur - suant to Fish and Game Code

section 1653, subdi - vision (g), the Applicant shall submit the monitor - ing plan, monitoring report, and notice of comple - tion to CDFW as required by the General Order. Applicant shall submit documents electronically to: Michael.Stuhldreher@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

section 1654, CDFW’s approval of a habitat restoration or enhance- ment project pursuant to

section 1652 or 1653 shall be in lieu of any other permit, agreement, license, or other approval issued by the department, including, but not limited to, those issued pursuant to

Chapter 6 (commencing with

section 1600) and

Chapter 10 (com- mencing with

section 1900) of this Division and Chap- ter 1.5 (commencing with

section 2050) of Division 3. Additionally, Applicant must adhere to all measures contained in the approved NOA and comply with oth- er conditions described in the NOI.

If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW. (See generally Fish & Game Code, § 1654, subdivision (c).) By: /s/ Date: 4/29/2025 Erin Chappell, Regional Manager Bay Delta Region California Department of Fish and Wildlife DEPARTMENT OF FISH AND WILDLIFE BAY DELTA REGION HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION N U M BER 1653–2025–157–001–R3 Project: Storm Damage Repair and Restoration of Ponds D2, D5, H6, K3 & M1 Location: Contra Costa County Applicant: Cody Ericksen, Contra Costa Water District Background Project Location : The Storm Damage Repair and Restoration of Ponds D2, D5, H6, K3 & M1 Project (Project) is located at five ponds within the Los Vaque- ros watershed in unincorporated Contra Costa Coun - ty, and within the Byron Hot Springs, Brentwood, and Tassajara U.S.

Geological Survey (USGS) 7.5–min - ute quadrangle maps. Pond D2 is located at latitude 37.84383, longitude –121.70351, APN 005–110–003– 0; Pond D5 is located at latitude 37.83059, longitude

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 596 –121.70821, APN 005–100–004–0; Pond M1 is locat- ed at latitude 37.85000, longitude –121.74619, APN 005–020–001–0; Pond K3 is located at lat - itude 37.83488, longitude –121.75638, APN 005–010–005–0; and Pond H6 is located at lat - itude 37.77661, longitude –121.75070, APN 005–060–201–0. The 5 ponds are managed by Contra Costa Water District, and the Project affects unnamed tributaries to Kellogg Creek and Los Vaqueros Reser- voir.

The unnamed tributaries to Kellogg Creek and Los Vaqueros Reservoir support populations of Cal - ifornia red–legged frog ( Rana draytonii) and Califor- nia tiger salamander (Ambystoma californiense). Project Description : Contra Costa Water Dis - trict (Applicant) proposes to enhance or restore hab - itat within five ponds in the Los Vaqueros watershed to provide a net conservation benefit for California red–legged frog and California tiger salamander. The ponds are managed by the Applicant and support na - tive wildlife species; however, the embankments of the five ponds were damaged in the 2023 winter storms.

This damage has affected the ability of the ponds to hold water, as well as put the ponds at risk of further deterioration in future winter seasons. The Project will restore the damaged pond embankments and sensitive species habitats, making them more resilient to future storm events, and to promote native vegetation sur - vival. In addition to restoring the pond embankments, the Project would also improve the existing spillways at each pond to meet the 25–year storm event, and in - stall additional habitat features at each pond.

Specific details for each pond include: ● For Pond M1: The Project will repair the erosion scar with approximately 70 cubic yards of im - ported fill and recompact the area.

The Project will also fill in the existing spillway with place - ment of approximately 600 cubic yards of import- ed fill, construct a new earthen spillway further away from the steep hillside, line the spillway with geotextile fabric and 140 cubic yards of rock rip–rap, plant native plant species around a por - tion of the pond shoreline, and install up to four turtle ramps. ● For Pond K3: The Project will repair the embank- ment breach with placement of approximately 55 cubic yards of imported fill, reconstruct the earthen spillway as a rock rip–rap lined weir, plant native plant species around a portion of the pond shoreline, install electric fencing around the pond surface area, line the pond with a thick layer of bentonite chips to encourage a longer hydrope- riod, and install a turtle ramp. ● For Pond D2: The Project will repair the embank- ment breach with placement of approximate - ly 200 cubic yards of imported fill, replace and upsize the culvert spillways with two 42–inch side–by–side culverts, construct rock rip–rap aprons around the culvert inlets and outlets, and plant native plant species around a portion of the pond. ● For Pond D5: The Project will repair the pond embankment with placement of approximately 410 cubic yards of imported fill, install a new cul- vert spillway in the pond embankment (upsized to 42 inches), install a rock rip–rap apron at the culvert inlet and outlet, line the pond with a thick layer of bentonite chips to encourage a longer hydroperiod, realign fencing within the pond to fully enclose the pond and intermittent stream connecting Pond D5 to a downstream pond, and install two turtle ramps. ● For Pond H6: The Project will repair the eroded pond embankment with placement of approxi - mately 275 cubic yards of imported fill, replace and upsize the culvert spillways with a 42–inch culvert, install a rock rip–rap apron at the culvert inlet and outlet, plant native plant species around a portion of the pond, and install a turtle ramp.

Project Size: The total area of ground disturbance associated with the Project is approximately 1.128 acres (0.485 acres to wetland habitat, 0.103 acres to ri- parian habitat, 0.54 acres to stream habitat, and 0.404 acres to non–jurisdictional areas). The proposed Proj - ect complies with the General 401 Certification for Small Habitat Restoration Projects and associated cat- egorical exemption from the California Environmen - tal Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge: Discharge of materi- als into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Proj- ect include those associated with the following: (1) 584.5 cubic yards (cy) of rock rip–rap; (2) 1,610 cy of soil; and (3) 96 cy of bentonite chips.

Project Timeframes: Start date: July 2025 Completion date: July 2027 Work window: Within Dry Ponds: July 1 — October 31; Within Wetted Ponds: September 1 — October 31 Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration intended to improve the quality of waters in Califor - nia and improve aquatic habitat for native species, the Central Valley Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applica - bility (NOA) for Coverage under the State Water Re - sources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Proj- ects SB12006GN (Order) (Waste Discharge Identifica- tion (WDID) Number 5B07CR00269), for the Project.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 597 The NOA describes the Project and requires the Ap - plicant to comply with terms of the Order. Addition - ally, the Applicant has provided a supplemental docu- ment that sets forth measures to avoid and minimize impacts to native wildlife and plant species. Receiving Water: 5 unnamed tributaries to Kellogg Creek and Los Vaqueros Reservoir. Filled or Excavated Area : Permanent area impact - ed: 0.134 acre of wetland habitat, 0.098 acre of riparian habitat, 0.089 acre of stream habitat.

Temporary area impacted: 0.351 acre of wetland habitat, 0.005 acre of riparian habitat, 0.451 acre of stream habitat. Dredge Volume: None. Discharge Volume: 584.5 cy of rock rip–rap, 1,610 cy of soil, and 96 cy of bentonite chips. Project Location : Pond D2 — Latitude 37.84383, Longitude –121.70351; APN: 005–110–003–0. Pond D5 — Latitude 37.83059, Longitude –121.70821; APN: 005–100–004–0. Pond M1 — Latitude 37.85000, Longitude –121.74619; APN: 005–020–001–0. Pond K3 — Latitude 37.83488, Longitude –121.75638; APN: 005–010–005–0. Pond H6 — Latitude 37.77661, Longitude –121.75070; APN: 005–060–201–0.

Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Proj - ect, as described in the Notice of Intent (NOI) com - plies with the California Environmental Quality Act (Public Resources Code, § 21000 et seq.). On April 15, 2025, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

Section 1653 that the NOA, NOI, and related species protection measures are consistent with the Habitat Restoration and En - hancement Act (HREA) with respect to the Project. Pursuant to Fish and Game Code

section 1653 sub - division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on April 16, 2025, for pub- lishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. No - tice File Number Z–2025–0416–01) on May 2, 2025. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (f). Determination CDFW has determined that the NOA, NOI, and re - lated species protection measures are consistent with HREA as to the Project and meets the conditions set forth in Fish and Game Code

section 1653 for autho - rizing the Project. Specifically, CDFW finds that:

(1) The Project pur- pose is voluntary habitat restoration and the Project is not required as mitigation; (2) the Project is not part of a regulatory permit for a non–habitat restoration or enhancement construction activity, a regulatory set - tlement, a regulatory enforcement action, or a court order; and (3) the Project meets the eligibility require- ments of the State Water Resources Control Board’s Order for Clean Water Act

Section 401 General Wa - ter Quality Certification for Small Habitat Restoration Projects. Avoidance and Minimization Measures The avoidance and minimization measures for Proj- ect, as required by Fish and Game Code

section 1653, subdivision (b) (4), were included in an attachment to the NOI, which contains the following categories:

(1) Impact Avoidance and Minimization Measures; and

(2) Restoration Measures. The specific avoidance and minimization requirements are found in an attachment to the NOI, NOI Supplemental Materials, prepared by Contra Costa Water District, dated March 2025. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Moni- toring and Reporting Plan provides a timeline for res - toration, performance standards, and monitoring pa - rameters and protocols. Specific requirements of the plan are found in an attachment to the NOI, NOI Sup- plemental Materials, prepared by Contra Costa Water District, dated March 2025.

Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Or - der for Small Habitat Restoration Projects requires the Applicant to submit a Notice of Completion (NOC) no later than 30 days after the project has been complet - ed. A complete NOC includes at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● WDID number indicated above; ● success criteria for the Project.

The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Project description as provided in the Applicant’s NOI. Appli- cant shall include the project name, and WDID num - ber, with all future inquiries and document submit - tals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall submit the mon - itoring plan, monitoring report, and notice of com - pletion to CDFW as required by the General Order. Applicant shall submit documents electronically to: Michael.Stuhldreher@wildlife.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 598 Project Authorization Pursuant to Fish and Game Code

section 1654, CDFW’s approval of a habitat restoration or enhance- ment project pursuant to

section 1652 or 1653 shall be in lieu of any other permit, agreement, license, or other approval issued by the department, including, but not limited to, those issued pursuant to

Chapter 6 (commencing with

section 1600) and

Chapter 10 (com- mencing with

section 1900) of this Division and Chap- ter 1.5 (commencing with

section 2050) of Division 3. Additionally, Applicant must adhere to all measures contained in the approved NOA and comply with oth- er conditions described in the NOI.

If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW. (See generally Fish & Game Code, § 1654, subdivision (c).) By: /s/ Date: 4/29/2025 Erin Chappell, Regional Manager Bay Delta Region California Department of Fish and Wildlife DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 2080R–2025–003–03 Project: Sunol Valley Fish Passage Project Location: Al ameda County Applicant: C alifornia Trout Background California Trout (Applicant) proposes to restore Al- ameda Creek through the removal and relocation of a 36–inch diameter gas transmission pipeline, removal of a concrete erosion mat (Er–Con mat), regrading of Alameda Creek, and revegetation of the project site.

The existing pipeline is operating in an effective and safe manner with no required maintenance. It is be - ing replaced solely to provide fish passage. The Su- nol Valley Fish Passage Project (Restoration Project) is located along a 2,000 linear foot

section of Alameda Creek, in Sunol Valley, in an unincorporated area of the County of Alameda, State of California; Latitude 37.569014, Longitude –121.872864. The Restoration Project is within San Francisco Public Utilities Com - mission (SFPUC) property boundaries and is bordered by private quarries. The Restoration Project will restore fish passage and allow access to 20 miles of stream habitat upstream of the Restoration Project site.

Currently, the Er–Con mat creates a 7–foot drop in elevation along the thal - weg of Alameda Creek, preventing adult salmonids from passing upstream at low flows and restricting juvenile passage at all flows. The Restoration Project will result in improved sediment transport, riparian vegetation condition, and channel stability throughout the Restoration Project site. To remove the need for the Er–Con mat, the exist - ing Pacific Gas and Electric (PG&

E) pipeline will be removed and relocated approximately 114 feet down - stream of its current location. The new pipeline will be buried 18 feet below the current Alameda Creek grade, which will eliminate the need for an erosion control structure in the creek bed. The new pipeline will tie into the existing pipeline outside of the stream channel on both the right and left banks, at the loca - tion of where the line was cut.

To remove the Er–Con mat and pipeline, and install the new pipeline, Ala - meda Creek will be dewatered and stream flow will be rerouted around the Restoration Project site through the use of a cofferdam and pipeline. Once the Er–Con mat has been removed and the pipeline relocated, Alameda Creek will be regraded upstream and downstream of the pipeline crossing, for a total of 2,000 linear feet. Regrading the stream will provide space for a natural channel morphology and will include creation of new pools and meanders, as well as a low flow channel to allow for passage oppor- tunities during low flows.

Approximately 5 acres of the Restoration Project site will be revegetated with native trees and shrubs. Native tree and shrub species proposed for revegetation include, but are not limited to, arroyo willow (Salix lasiolepis), cottonwood (Pop- ulus fremontii ), valley oak ( Quercus lobata ), buck- eye (Aesculus californica), blue wildrye (Elymus glau- cus ssp. glaucus ), and small fescue ( Festuca micro - stachys). Native vegetation will be sourced from cut - tings, acorns, nuts, and seeds, reducing the risk of soil pathogen contamination.

Post construction, the Res - toration Project will be monitored for 10 years to en - sure revegetation and fish passage success, as well as to determine whether adaptive management via grad - ing or revegetation is needed to achieve the intended Restoration Project outcomes. To determine efficacy of fish passage, steelhead migration will be monitored through the installation of antennas placed upstream of the Restoration Project site.

The Restoration Project activities described above are expected to take 1 foothill yellow–legged frog (FYLF; Rana boylii) — Central Coast Distinct Pop - ulation Segment (DPS) where those activities take 1 Pursuant to Fish and Game Code

section 86, “ ‘Take’ means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.”

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 599 place within aquatic and riparian habitat. In particu - lar, FYLF could be taken as a result of restoration ac - tivities, dewatering activities, relocation/movement out of harm’s way, or lethal take. FYLF is designat - ed as a threatened species pursuant to the federal En - dangered Species Act (ESA) (16 U.S.C. § 1531 et seq.) and an endangered species pursuant to the California Endangered Species Act (CESA) (Fish & Game Code, § 2050 et seq.). (See Cal.

Code Regs., title 14, § 670.5, subdivision (a) (3) (E).) FYLF individuals are currently documented ap - proximately 2.2 miles from the Restoration Project site and there is suitable habitat for FYLF within the Restoration Project site. Because of the proximity of the nearest documented FYLF, dispersal patterns of FYLF, and the presence of suitable habitat for FYLF within the Restoration Project site, the United States Fish and Wildlife Service (USFWS) determined that FYLF could occur within the Restoration Project site and that Restoration Project activities could result in take of FYLF.

USFWS anticipates that one adult or juvenile, and five percent of larvae captured of FYLF will be killed as a result of implementing the proposed Restoration Project, and expects higher numbers of FYLF to occur within the Restoration Project site af - ter the Restoration Project is complete. The Restoration Project activities described above are expected to take California tiger salamander — Central California DPS (CTS; Ambystoma californ - iense) where those activities take place within low - land grasslands, and upland habitat (including the Er– Con mat).

In particular, CTS could be taken as a re - sult of restoration activities, relocation/movement out of harm’s way, or lethal take. CTS is designated as a threatened species pursuant to both the federal ESA and CESA (See Cal. Code Regs., title 14, § 670.5, sub- division (b) (3) (G).) CTS individuals are currently documented with - in 500 feet of the Restoration Project site and there is suitable habitat for CTS within the Restoration Proj - ect site.

Because of the proximity of the nearest docu- mented CTS, dispersal patterns of CTS, and the pres - ence of suitable habitat for CTS within the Restoration Project site, USFWS determined that CTS could occur within the Restoration Project site and that Restoration Project activities could result in take of CTS. USFWS anticipates that one adult or juvenile CTS will be pur- sued, captured, or killed as a result of implementing the proposed Restoration Project, and expects higher numbers of CTS to occur within the Restoration Proj - ect site after the Restoration Project is complete.

The Restoration Project activities described above are expected to take Alameda whipsnake ( Masti- cophis lateralis euryxanthus ) where those activities take place within upland, riparian, or stream edge hab- itat. In particular, Alameda whipsnake could be tak - en as a result of restoration activities and relocation/ movement out of harm’s way. Alameda whipsnake is designated as a threatened species pursuant to both the federal ESA and CESA (See Cal.

Code Regs., title 14, § 670.5, subdivision (b) (4) (D).) Alameda whipsnake individuals are currently doc - umented approximately 3.27 miles from the Resto - ration Project site and there is suitable habitat for Al - ameda whipsnake within the Restoration Project site.

Because of the proximity of the nearest documented Alameda whipsnake, dispersal patterns of Alameda whipsnake, and the presence of suitable habitat for the Alameda whipsnake within the Restoration Project site, USFWS determined that the Alameda whipsnake could occur within the Restoration Project site and that Restoration Project activities could result in take of Alameda whipsnake.

USFWS anticipates that Ala - meda whipsnake will be pursued or captured as a re - sult of implementing the proposed Restoration Project, and expects higher numbers of Alameda whipsnake to occur within the Restoration Project site after the Res- toration Project is complete. The intent of the Restoration Project is to restore Alameda Creek through the removal and relocation of a gas transmission pipeline, removal of a Er–Con mat, regrading of Alameda Creek, and revegetation of the Restoration Project site.

USFWS has determined that the long–term effects of Restoration Project ac - tions will be beneficial to FYLF, CTS, and Alameda whipsnake (collectively known as the Covered Spe - cies), and are expected to result in increased usage of the area by the Covered Species. According to the USFWS, construction of the Restoration Project will result in the restoration of 2,000 linear feet of Ala - meda Creek, and revegetation of 5 acres. As described below, the USFWS has determined the Restoration Project meets the eligibility require - ments of the California Statewide Programmatic Res - toration Effort (Program).

Because the Program is expected to result in take of a species designated as threatened or endangered under the federal ESA, the USFWS, the U.S. Army Corps of Engineers Los Ange- les, Sacramento, and San Francisco Districts (Corps), and National Oceanic and Atmospheric Administra - tion Restoration Center, California (NOAA RC) con - sulted with the USFWS pursuant to

section 7 of the ESA (16 U.S.C. 1531 et seq.). On August 31, 2022, the USFWS issued a programmatic biological opinion for eligible restoration projects, titled Programmatic Bio - logical and Conference Opinion California Statewide Programmatic Restoration Effort (Service file Num - ber 2022–0005149–S7) (PBO), on the Statewide Pro - grammatic Biological Assessment for Restoration: Multi–Agency Implementation of Aquatic, Riparian, Floodplain and Wetland Restoration Projects to Ben - efit Fish and Wildlife in California (PBA) for the Pro-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 600 gram. The PBA was developed by the USFWS, the Corps, and the NOAA RC. The PBO describes eligi - ble restoration projects, requires all project applicants operating under the PBO to comply with terms of the PBO and its incidental take statement (ITS), and in - corporates additional measures.

The PBO was reiniti - ated on February 07, 2025 to include the NOAA– Of - fice for Coastal Management and the US Bureau of Reclamation, which were not part of the original PBO, and to add six species proposed for federal listing and one newly–listed species as covered species under the PBO. The PBO requires the project proponent to re - quest and receive project–specific approval through execution of an ESA

Section 7(a)

(2) Review Form. The USFWS executed the ESA

Section 7(a)

(2) Review Form, a copy of which is attached hereto and incorpo- rated herein as Exhibit 1, as the project–specific ap - proval for the Restoration Project on March 24, 2025. On April 1, 2025, the Director of the Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

section 2080.1 that the ITS, along with the accompanying PBO, project specific applica- tion, and project–specific approval for the Restoration Project, is consistent with CESA for purposes of the Restoration Project and the Covered Species. (Cal. Reg.

Notice Register 2025, Number 16–Z, p. 502.) Determination CDFW has determined that the ITS, along with the accompanying PBO, project–specific applica - tion, and project–specific approval, is consistent with CESA as to the Restoration Project and the Covered Species because the measures contained in the ITS, along with the accompanying PBO, project–specific application, and project–specific approval, meet the conditions set forth in Fish and Game Code

section 2081, subdivisions (

a) and (c), for authorizing take of CESA–listed species. Specifically, CDFW finds that: (1) take of the Covered Species will be for manage - ment purposes; (2) the measures required are roughly proportional in extent to any impact on the Covered Species that is caused by the Restoration Project; (3) the measures required maintain the Applicant’s proj - ect purpose to the greatest extent possible; and (4) the Restoration Project will not jeopardize the continued existence of the Covered Species. Avoidance, Minimization, and Mitigation Measures.

The avoidance, minimization, and mitigation mea - sures in the ITS and PBO include, but are not limited to, the following: 1) If a FYLF or CTS does not or cannot leave the work area and handling FYLF or CTS is re - quired, capture and relocation will only be al - lowed in accordance with a plan developed in accordance with the guidance below and submit - ted to the USFWS. Capture and relocation will be conducted by a USFWS–approved Biologist.

The USFWS–approved biologist will take precautions to prevent the introduction of amphibian disease, in accordance with the Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the Califor - nia Tiger Salamander (USFWS 2003) (Exhibit 2). The Applicant will follow the guidelines in CDFW’s California Aquatic Invasive Species Management Plan (CDFW 2008) (Exhibit 3) to prevent the spread of invasive species. FYLF and CTS will be handled and assessed according to the Restraint and Handling of Live Amphibians (USGS 2001).

FYLF and CTS will be captured by hand, dip net, seine net, or other USFWS–approved methodology, transported and relocated to nearby suitable habitat outside of the work area, and released as soon as prac- ticable the same day of capture. Soaps, oils, creams, lotions, repellents, or solvents of any sort cannot be used on hands within two hours before and during pe- riods when the USFWS–approved biologist is captur - ing and relocating individuals. Individuals will be re - located to areas containing suitable habitat, as identi - fied in the relocation plan.

If the animal will be held in captivity for any length of time, they shall be kept in a cool, dark, moist environment with proper air - flow, such as a clean and disinfected bucket or plastic container with a damp sponge. USFWS will be noti - fied (e.g., via phone, email, or text message) as soon as practicable and no longer than 1 week after all cap- ture, handling, and relocation efforts. If an injured FYLF or CTS is encountered, and the USFWS–approved biologist determines that the in - jury is minor or healing and the individual is like - ly to survive, the individual will be released imme - diately.

The individual will be monitored until it is not imperiled by predators or other dangers. If the USFWS–approved biologist determines that a FYLF or CTS has major or serious injuries as a re - sult of Restoration Project–related activities, the USFWS–approved biologist will take it to a USFWS–approved facility as soon as practicable, if such a facility is within a reasonable distance from the Restoration Project site. If taken into captivity, the in- dividual will remain in captivity and not be released into the wild unless it has been kept in quarantine and the release is authorized by USFWS.

The circumstanc- es of the injury, the procedure followed, and the final disposition of the injured animal will be documented in a written incident report to USFWS. 2) Only a USFWS–approved biologist for the Res - toration Project can capture Alameda whipsnake. Alameda whipsnake will only be captured and relocated when that is the only option to prevent its death or injury, and after all attempts to avoid

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 601 interaction of the species have been exhausted. Restoration Project–specific rescue and reloca - tion plans will be submitted by the Applicant to the local USFWS Field. If appropriate habitat is immediately adjacent to the capture location, then the preferred option is short–distance relocation to that habitat. Alameda whipsnake will not be moved outside of the area where it could have traveled on its own. Captured Alameda whipsnake will be released in appropriate cover as close to their capture location as possible for their con- tinued safety.

Under no circumstances will an animal be relocated to another property without the property owner’s written permission. It is the Applicant’s re - sponsibility to arrange for that permission. The release locations must be pre–identified in the Restoration Project–specific rescue and relocation plan approved by USFWS; they will depend on where the individual was found and the opportunities for nearby release.

In most situations, the release location is likely to be into the mouth of a small burrow, other suitable refugia, or suitable habitat. 3) Ground disturbance and vegetation clearing in scrub/chaparral habitat will be avoided to the maximum extent possible. Restoration Project activities, except revegetation in suitable habi - tat in the currently occupied range of Alameda whipsnake is known to be or may be present, will be confined to April 1 through October 31 2.

To the extent practicable, all rock outcrops will be avoided. 4) To avoid or minimize effects on Alameda whipsnake and its habitat, construction and ground disturbance will occur only during day - time hours, will cease no less than 30 minutes be- fore sunset, and may not begin again earlier than 30 minutes after sunrise.

A Qualified Biologist will inspect the site prior to vehicle operation and will monitor construction activities. 5) For CTS, Restoration Project activities in uplands except for revegetation will be confined to May 1 through October 31, unless there is a rain event forecast likely to generate measurable fall, rain of 1 inch or greater, at which time work will cease for the fall season.

For Restoration Project activ - ities in occupied aquatic breeding habitat, grad - ing and other disturbance will avoid the breed - ing season and will be limited to between July 1 and October 31, unless preconstruction surveys and monitoring demonstrate that young–of–year 2 E x t e n d e d o r a l t e r n a t i v e w o r k w i n d o w s m a y b e c o n s i d- ered on an individual project basis with prior approval from USFWS ES, provided the Applicant can demonstrate that mea - sures implemented to avoid or minimize exposure would do so at a level commensurate with the standard work windows. (recently metamorphosed) CTS have dispersed from the breeding habitat.

In that case, based on the recommendation of the USFWS–approved biologist, and with written approval from the USFWS (e.g., email), the Applicant may proceed with work in aquatic breeding habitat prior to July 1. Work in a pool or wetland may also begin before July 1 if the pool or wetland has been dry for a minimum of 30 days before initiating work. 6) Where FYLF are known or assumed to occur, Restoration Project activities except for revegeta- tion in uplands areas will be confined to August 1 through October 31.

For Restoration Project activities in occupied aquat- ic breeding habitat that typically dries before the end of autumn, grading and other disturbance will be con- fined to May 1 through November 15, and to when the breeding habitat feature (or portion of the feature where work would occur) has been dry for a minimum of 30 days before initiating work 3. FYLF have a multi–year larval development stage and are present in aquatic breeding habitat year–round.

Therefore, Restoration Project activi - ties in occupied aquatic breeding habitat that does not dry before the end of autumn will be confined to May 1 through November 15 and will require a USFWS–approved capture and relocation plan prior to initiating grading and other disturbance in the aquat - ic breeding habitat. Dewatering sites will be located and timed to avoid and minimize adverse effects to in- stream flows and depletion of pool habitat. 7) Restoration Project activities will not result in long–term deleterious changes to water tempera - tures in occupied or potential habitat.

Monitoring and Reporting Measures . The monitor- ing and reporting measures in the ITS and PBO in- clude, but are not limited to, the following: 1) Where appropriate and based on Restoration Proj- ect–specific requirements, a USFWS–approved biologist will perform site clearance at the begin- ning of each day and will monitor construction activities throughout the day in, or immediately adjacent to, sensitive resources and/or Covered Species habitat (including critical habitat as appli- cable), as necessary.

The USFWS–approved biol- ogist will confirm that all applicable protection measures are implemented during Restoration Project construction. The USFWS–approved bi - ologist will have the authority to stop any work if they determine that any permit requirement 3 E x t e n d e d o r a l t e r n a t i v e w o r k w i n d o w s m a y b e c o n s i d- ered on an individual project basis with prior approval from USFWS ES, provided the Applicant can demonstrate that mea - sures implemented to avoid or minimize exposure would do so at a level commensurate with the standard work windows.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 602 is not fully implemented or if it is necessary to protect Covered Species. The USFWS–approved biologist will prepare and maintain a biological monitoring log of construction site conditions and observations, which will be kept on file. 2) The USFWS–approved biologist will provide a written

summary of work performed (including biological survey and monitoring results), best management practices implemented (e.g., use of biological monitoring, flagging of work areas, or erosion and sedimentation controls), and support- ing photographs of each stage to the appropriate USFWS Office.

Furthermore, the documentation describing Covered Species surveys and reloca - tion efforts (if appropriate) will be completed in accordance with the requirements of FISH–3, Fish Capture and Relocation of the PBO. 3) All revegetated areas will be maintained and monitored for a minimum of two years after re - planting is complete, or until success criteria are met, to ensure that the revegetation effort is successful. The standard for success is 60 per - cent cover compared to pre–Project conditions at the Restoration Project site or at least 60 percent cover compared to an intact, local reference site.

If an appropriate reference site or pre–Project conditions cannot be identified, success criteria will be developed for review and approval on a project–by–project basis, based on the specific habitat impacted and known recovery times for that habitat and geography. The Applicant will prepare a

summary report of the monitoring re - sults and recommendations on December 1 each year. The report will be provided to the respective USFWS Field Office. Although not a condition of the PBO, CDFW re - quests the following: 1) A copy of the monitoring reports be emailed to Michael Stuhldreher at michael.stuhldreher@wildlife.ca.gov.

The re - ports should include dates construction occurred and the success of revegetation and restoration. 2) That all submittals related to USFWS approval for a USFWS–approved biologist for the Covered Species also be submitted to CDFW. 3) That all submittals related to capture and reloca - tion plans for the Covered Species also be submit- ted to CDFW. Pursuant to Fish and Game Code

section 2080.1, take authorization under CESA is not required for the Restoration Project for take of the Covered Spe - cies, provided the Applicant implements the Resto - ration Project as described in the ITS, along with the accompanying PBO, project–specific application, and project–specific approval, including adherence to all measures contained therein, and complies with the measures and other conditions described in the ITS, along with the accompanying PBO, project–specif - ic application, and project–specific approval.

If there are any substantive changes to the Restoration Proj - ect, including changes to the measures, or if USFWS amends or replaces the ITS, accompanying PBO, or project–specific approval, the Applicant shall be re - quired to obtain a new consistency determination or a CESA take permit for the Restoration Project from CDFW. (See generally Fish & Game Code, §§ 2080.1, 2081, subdivisions (

a) and (c)). CDFW’s determination that the ITS, along with the accompanying PBO, project–specific application, and project–specific approval, is consistent with CESA is limited to the Covered Species and the Restoration Project. By: /s/ Joshua Grover, Deputy Director Ecosystem Conservation Division California Department of Fish and Wildlife Date: 4/29/2025 Exhibits: Exhibit 1 — Project–Specific Application and Ap - proval from the United States Fish and Wildlife Service.

Exhibit 2 — Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Neg- ative Finding of the California Tiger Salamander, pre- pared by the United States Fish and Wildlife Service, dated October 2003. Exhibit 3 — California Department of Fish and Wildlife Aquatic Invasive Species Decontamination Protocol, prepared by the California Department of Fish and Wildlife, dated 2008. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD NOTICE OF PUBLIC MEETING AND BUSINESS MEETING Pursuant to Government Code

section 11346.4 and the provisions of Labor Code Sections 142.1, 142.2, 142.3, 142.4, and 144.6, the Occupational Safety and Health Standards Board (“Board”) of the State of Cal- ifornia has set the time and place for a Public Meeting and Business Meeting:

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 603 QR Code for Access: On June 26, 2025, at 10:00 a.m. in the Cabrillo Pavilion Event Center 1118 E.

Cabrillo Boulevard, Santa Barbara, California As well as via the following: ● Videoconference at https://tkoworks.zoom. us/j/87501250331 ● Teleconference at (669) 444–9171 (Webinar ID 875 0125 0331) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At the Public Meeting, the Board will make time available to receive comments or proposals from in - terested persons on any item concerning occupational safety and health. At the Business Meeting, the Board will conduct its monthly business.

DISABILITY ACCOMMODATION NOTICE: Disability accommodation is available upon request. Any person with a disability requiring an accommo - dation, auxiliary aid or service, or a modification of policies or procedures to ensure effective communi - cation and access to the public hearings/meetings of the Board should contact the Disability Accommo - dation Coordinator at (916) 274–5721 or the state– wide Disability Accommodation Coordinator at 1 (866) 326–1616 (toll free).

The state–wide Coordina- tor can also be reached through the California Relay Service, by dialing 711 or 1 (800) 735–2929 (TTY) or 1 (800) 855–3000 (TTY–Spanish). Accommodations can include modifications of pol - icies or procedures or provision of auxiliary aids or services. Accommodations include, but are not lim - ited to, an Assistive Listening System (ALS), a Computer–Aided Transcription System or Com - munication Access Realtime Translation (CART), a sign–language interpreter, documents in Braille, large print or on computer disk, and audio cassette record - ing.

Accommodation requests should be made as soon as possible. Requests for an ALS or CART should be made no later than five (5) days before the hearing. DECISION NOT TO PROCEED DEPARTMENT OF HUMAN RESOURCES (CALHR) CORRECTION TO NOTICE OF DECISION NOT TO PROCEED PURSUANT TO GOVERNMENT CODE

SECTION 11347 RE: NOTICE OF PROPOSED RULEMAKING CONCERNING BIWEEKLY PAYROLL CYCLE In the April 25, 2025, Notice Register (Notice Reg - ister 2025, Number 17–Z), CalHR published a Notice of Decision Not to Proceed terminating a previous - ly published 45–Day Notice of Proposed Rulemaking Action. In the Notice of Decision Not to Proceed, Cal HR incorrectly stated the original 45–Day’s Notice publication of August 1, 2024. The original 45–Day Notice was actually published in the August 16, 2025 Notice Register (Notice Register 2024, Number 33–Z). CalHR is republishing here the Notice of Decision Not to Proceed with the correct information. Pursuant to Government Code

Section 11347, CalHR hereby gives notice that it has decided not to proceed with the rulemaking action published in the California Regulatory Register on August 16, 2024, Register 2024, Number 33–Z. The proposed rulemak- ing concerned the implementation of a Biweekly Pay- roll Cycle with the California State Payroll System Project (OAL Notice Z2024–0801–02). The decision is based on the identification of additional Califor - nia Code of Regulations sections subsequently being identified to be included, as well as the need to ad - dress procedural errors with the original action.

As such, CalHR intends to submit a new Notice with up - dated actions promptly. Any interested person with questions concerning this rulemaking should contact Nicholas Wehr, Assis- tant Project Director, at (916) 216–9002 or by email at: Nicholas.Wehr@calhr.ca.gov. CalHR will also post this Notice of Decision Not to Proceed on its website at (www.calhr.ca.gov/pages/ regulatory–announcements.aspx). Please note that CalHR published a new 45–Day Notice of Proposed Rulemaking on this same topic in the April 25, 2025 Notice Register (2025, Num - ber 17–Z).

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 19–Z 604

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. California Pollution Control Financing Authority File # 2025–0325–01 California Capital Access Program for Small Businesses This Certificate of Compliance rulemaking action by the California Pollution Control Financing Author- ity seeks to formally adopt

section 8078.36 within ti - tle 4 of the California Code of Regulations which was first adopted in the original emergency action OAL Matter Number 2024–0920–01E. This

section pro - vides the methods and means in which to receive and deploy alternative funding sources through various fi- nancing mechanisms specifically designated for small business growth and expansion.

Title 04 Adopt: 8078.36 Filed 04/30/2025 Effective 04/30/2025 Agency Contact: Kamika McGill (916) 653–0289 Department of Human Resources File # 2025–0321–04 Transit and Vanpool Incentives — Excluded Employees This action submitted as a file and print amends a regulation to change the discount or reimbursement rate for excluded employees commute programs, from 75 percent to a rate determined by the Department, up to the applicable exclusion amount for qualified trans- portation fringe benefits provided by the Internal Rev- enue Code.

This amendment is not subject to the re - view and approval of the Office of administrative Law, pursuant to Government Code

section 3539.5. Title 02 Amend: 599.936 Filed 04/29/2025 Effective 04/29/2025 Agency Contact: Theresa Reid (916) 324–0526 California Victim Compensation Board File # 2025–0403–01 Claims of Persons Erroneously Convicted of Felonies Through this proposed regulatory action, the Cal - ifornia Victim Compensation Board seeks to amend sections 640, 642, 644 and 645, and to adopt proposed sections 640.1 and 640.2, of title 2, California Code of Regulations, regarding claims of persons erroneously convicted of felonies.

Title 02 Adopt: 640.1, 642.1 Amend: 640, 642, 644, 645 Filed 04/29/2025 Effective 07/01/2025 Agency Contact: Neil Ennes (916) 491–3728 Department of Resources Recycling and Recovery File # 2025–0313–03 Dealer Registration and Dealer Cooperatives In this action, the Department of Resources Recy - cling and Recovery (“CalRecycle”) proposes to amend regulations pertaining to dealer registration and devel- ops a program for dealer cooperatives to provide re - demption plans in unserved convenience zones.

Title 14 Adopt: 2370, 2371, 2372, 2373, 2375, 2375.2, 2375.4, 2375.6, 2375.8, 2376, 2377, 2378, 2380, 2381, 2382, 2385, 2386 Amend: 2000, 2030, 2400, 2401, 2420, 2425, 2430, 2501, 2516, 2518, 2519, 2530 Filed 04/24/2025 Effective 04/24/2025 Agency Contact: Kris Chisholm (916) 322–2404 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quar - ter.

For additional information on actions taken by OAL, please visit oal.ca.gov.

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2025, No. 19
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	0d54a95d98a4925340958d35ed87f099da493654

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