Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 18–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 3, 2024 PROPOSED ACTION ON REGULATIONS TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD General Safety Orders, Occupational Exposures to Respirable Crystalline Silica — Notice File Number Z2024–0423–03 ................................................................. 503 TITLE 14.

DEPARTMENT OF FISH AND WILDLIFE Suspension or Revocation of Lake and Streambed Alteration Agreements — Notice File Number Z2024–0423–04 .......................................................................... 511 TITLE 22. EMERGENCY MEDICAL SERVICES AUTHORITY Reorganization of Division 9 of Title 22 — Notice File Number Z2024–0423–01 .............................. 515 TITLE 22/MPP .

DEPARTMENT OF SOCIAL SERVICES Reproductive Health of Foster Youth and Social Worker Activities — Notice File Number Z2024–0422–01 ................................................................................. 517 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE California State Safe Harbor Agreement Program Act Consistency Determination Number 2089–2024–001–06, Bishop Paiute Tribute for Owens Pupfish, Inyo County ................................. 521 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Lagunitas Creek Watershed Enhancement Project, 2080–2024–007–03(R), Marin County ............................................................... 523

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 524 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 $338.00 (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 2024, VOLUME NUMBER 18–Z 503 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD GENERAL INDUSTRY SAFETY ORDERS,

SECTION 5204 OCCUPATIONAL EXPOSURES TO RESPIRABLE CRYSTALLINE SILICA NOTICE IS HEREBY GIVEN that the Occupation- al Safety and Health Standards Board (Board) propos- es to adopt, amend or repeal the foregoing provisions of Title 8 of the California Code of Regulations in the manner described in the Informative Digest, below.

PUBLIC HEARING The Board will hold a public hearing starting at 10:00 a.m. on June 20, 2024 in the Claude Fellows Conference Room of the SCIF Vacaville Learning Center, 1010 Vaquero Circle, Vacaville, California, as well as via the following: ● Video-conference at www.webex.com (meeting ID 146 963 6425) ● Teleconference at (844) 992–4726 (Access code Access code 146 963 6425) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At this public hearing, any person may present state- ments or arguments orally or in writing relevant to the proposed action described in the Informative Digest.

WRITTEN COMMENT PERIOD In addition to written or oral comments submitted at the public hearing, written comments may also be submitted to the Board’s office. The written comment period commences on May 3, 2024 and closes at 5:00 p.m. on June 20, 2024. Comments received after that deadline will not be considered by the Board unless the Board announces an extension of time in which to submit written comments.

Written comments are to be submitted as follows: By mail to Sarah Money, Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; or By email sent to oshsb@dir.ca.gov. AUTHORITY AND REFERENCE Labor Code (LC)

section 142.3 establishes the Board as the only agency in the State authorized to adopt oc- cupational safety and health standards. In addition, LC

section 142.3 requires the adoption of occupation- al and health standards that are at least as effective as federal occupational safety and health standards. The proposed regulations implement, interpret, and make specific Labor Code sections 142.3 which permits the Board to prescribe suitable protective equipment and control or technological procedures to be used in con- nection with occupational hazards and to provide for monitoring or measuring employee exposure for the protection of employees and LC

section 144.6 which requires the Board to adopt regulations dealing with toxic materials or harmful physical agents that most adequately assure, to the extent feasible, that no em - ployee will suffer material impairment of health or functional capacity even if the employee has regular exposure to the hazard for the period of their working life.

Section 144.6 also requires that the Board base stan- dards on research, demonstrations, experiments and other appropriate information, taking into consider - ation the latest scientific literature, the reasonableness of the standards, and the experience gained under the health and safety laws. LC

section 9020 requires that the Board “adopt stan- dards for carcinogens at least as restrictive as the fed - eral requirements for use of carcinogens promulgated under

Section 6 of the Occupational Safety and Health Act of 1970 (P.L. 91–596),” and that “it is the intent of the Legislature that the state shall exercise strong leadership in preventing employees, employers, and other persons from being exposed to carcinogens.” LC

section 9030 requires that the Board “adopt one or more standards requiring each employer which uses any carcinogen, including asbestos and vinyl chloride, to submit a written report regarding the use or any incident which results in the release of a potentially hazardous amount of a carcinogen into any area where employees may be exposed.” LC

section 9040 requires that “every employer using carcinogens shall provide for medical examinations of affected employees where required by standards ad - opted pursuant to subdivision (

b) of

Section 142.3.”

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 504 INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW This rulemaking adds additional protections to the title 8 silica general industry regulations (section 5204) in response to an outbreak of silicosis in the Cal- ifornia artificial stone countertop fabrication industry. There are currently at least 127 known cases of silico- sis among workers in this industry, 13 of whom have died of the disease at a young age. Silicosis is a per - manent, disabling, incurable, and progressive disease that is often fatal.

Nearly all the affected workers are low–income immigrant workers whose primary lan - guage is not English. The rulemaking will improve requirements in sec - tion 5204 pertaining to engineering controls, work practices, medical surveillance, medical removal, communications, training, reporting, and respirato - ry protection, and it will improve the effectiveness of Cal/OSHA ’s enforcement operations. Most of the proposed changes to

section 5204 orig - inated in response to an April 2023 petition for an emergency temporary standard (ETS), which was sub- mitted by the Western Occupational and Environmen- tal Medicine Association (WOEMA) in response to the growing number of silicosis cases in the artificial stone fabrication industry. In that petition, WOEMA the pointed to four problems that called for immedi - ate action: (1) at the time the petition was filed, about 50 workers in the industry had been diagnosed with advanced silicosis, some of whom had died; (2) these workers were exposed to respirable crystalline silica (RCS) while working with artificial stone; (3) artificial stone contains up to 95% silica; and

(4) section 5204 is not well–suited to protecting workers in this industry. The Petitioner recommended that the ETS require (1) greater control over regulated areas where fabri - cation work is conducted; (2) prohibition of dry fab - rication processes; (3) use of supplied air or powered air purifying respirators (PAPRs); (4) annual reporting to Cal/OSHA; and (5) classification of all citations as serious. In response to the WOEMA petition, Cal/OSHA drafted an ETS that recommended changes to strength- en

section 5204 when employees cut, grind, polish or otherwise handle artificial stone, as well as natural stone that contains more than 10% silica. The Board approved those changes unanimously in December 2023, and the ETS went into effect on December 29, 2023. When the Board approved the ETS in December 2023, Occupational Health Branch (OHB) reported that the total number of known silicosis cases in the artificial stone industry had increased 92% in a period of five months, from 52 workers in July to 100 cases by December, including ten fatalities.

OHB reported that one worker with severe silicosis was 27 years of age, was on continual oxygen, and had worked for a period of only 10 years in the industry. In April 2024, OHB reported to Cal/OSHA that the number of known silicosis cases among workers in this industry had increased to 127, a 27% increase over a period of four months. OHB also reported that three additional deaths had occurred from silicosis, for a total of 13, and that 16 workers had received lung transplants. The ETS has provided Cal/OSHA with new tools to protect workers in the artificial stone fabrication industry.

Since December 29, 2023, Cal/OSHA has conducted 29 inspections of artificial stone fabrication shops and issued 13 Orders Prohibiting Use (OPUs) under subsection 5204 (g), closing shops until employ- ers are able to demonstrate that they have effectively mitigated RCS exposures. Where it previously took Cal/OSHA several months to open an inspection and issue citations before an employer would be required to reduce RCS exposures, under the ETS Cal/OSHA has been able to move quickly and efficiently to re - quire worker protections.

These measures are more comprehensive and more effective than those previ - ously required under

section 5204. In this rulemaking, the Board proposes to contin - ue the changes to

section 5204 that were introduced in the ETS, while also updating the medical surveil - lance subsection, adding a new medical removal sub - section, and amending other subsections to improve their effectiveness in protecting workers from expo - sure to RCS. The Board expects that, over time, these improvements will steadily reduce the number of sili - cosis cases and deaths among workers in the artificial stone fabrication industry.

BACKGROUND Artificial stone is a relatively new product in coun - tertop manufacturing that has largely taken over the countertop marketplace from natural stone, such as granite and marble. In 2021, it surpassed all other ma- terials to become the predominant countertop product in the U.S. for residential and commercial applica - tions, with a market size of $17.7 billion. U.S. demand for artificial stone countertops is expected to continu - ing growing at 9.6% annually through 2026, solidify - ing the material’s position as the most popular type of countertop material used in the U.S.

Artificial stone technology consists of liquefying, pressurizing, and binding together crushed or pulver - ized stone with resins, epoxies, or other adhesives. The result is an agglomerate and uniform stone ma - terial that can be easily mass–produced in any size, desired color, and pattern. Artificial stone typically contains 90% or more crystalline silica, a highly hazardous substance when inhaled as a dust. Artificial stone therefore represents

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 505 a much greater hazard than natural granite, which normally contains less than 45% crystalline silica, and marble, which contains less than 10% silica. When cut or polished, artificial stone generates a high concen - tration of RCS particles, as well as hazardous chemi - cal emissions from the adhesive materials. Artificial stone presents a danger to workers during manufacturing, fabrication (polishing, cutting to rough size, beveling, drilling holes, etc.), and instal - lation (final cutting and drilling to fit on–site condi - tions).

These processes result in large quantities of RCS particles being produced and inhaled by workers. When RCS particles are inhaled, they become trapped in the lung tissue, leading to inflammation and scarring, which reduces the lungs’ ability to transfer oxygen into the bloodstream. The resulting silicosis is a progressive, debilitating, incurable, and often fatal disease. The damage continues even after exposure to RCS ends. Inhalation of respirable crystalline silica also can cause lung cancer, chronic obstructive pulmonary dis- ease (COPD), kidney disease and a variety of autoim- mune diseases.

Title 8 silica regulations in construction (1532.3) and general industry (5204) were established in 2016 and are identical in content to the corresponding fed - eral OSHA regulations. They were established prior to the current silicosis epidemic in the artificial stone countertop industry. The construction regulation con - tains proactive and prescriptive engineering and respi- ratory protection controls,

whereas the general indus - try regulation has no such protections. Therefore, the proposal is limited to updating the general industry regulations. Limitations of

Section 5204

Section 5204, as it existed prior to the silica ETS, is a performance standard that is not well–calibrated to the small shops and hazardous conditions that charac- terize the artificial stone fabrication industry. This is evidenced by

(1) Cal/OSHA ’s 2019 Special Emphasis Program, which found 72% of employers to be out of compliance with

section 5204; (2) the findings of Fazio et al (2023) 1, which reports that only 45% of artifi - cial stone fabrication workers with silicosis reported using wet methods to control RCS exposures; and (3) the April 2023 report from the California Depart - ment of Public Health (CDPH) Occupational Health Branch showing that the number of known silicosis cases among workers in this industry had increased from 100 in December 2023 to 127 in April 2024, a 27% increase over a period of four months, and that 1 Fazio JC, et al.

Silicosis Among Immigrant Engineered Stone (Quartz) Countertop Fabrication Workers in California. JAMA Internal Medicine. Published online July 24, 2023. https:// jamanetwork/com/journals/jamainternalmedicine/ article–abstract/2807615 . three additional silicosis deaths had occurred, for a to- tal of 13, along with 16 workers who had received lung transplants. Importantly, the pre–ETS

Section 5204 contains three “loopholes” that allow employers to avoid imple- menting measures to protect workers from exposure to RCS: 1) F easibility: 5204 allows employers to avoid imple - menting key protections in the standard by claim- ing that those protections are infeasible, shifting the burden of proof to Cal/OSHA [see subsection (f) (1), and renumbered subsections (h) (1) (A), (h) (1) (B), (h) (1) (C), (i) (1), and (i) (2) (B)]. 2) “O bjective data”: 5204 allows employers to ex - empt themselves from the standard in its entirety by claiming that RCS exposures are likely below the action level, without actually having to con - duct exposure monitoring [see (a) (2)]. 3) M onitoring: 5204 allows employers to conduct air monitoring on a single day and exempt them - selves from the standard for that task, from that point onward, if the results show exposures are below the action level [see (d) (3) (B)].

The pre–ETS

section 5204 makes enforcement dif - ficult by requiring Cal/OSHA to prove that employee exposures to RCS are over the action level or permis - sible exposure limit for RCS before issuing citations and enforcing protective measures, including respira - tory protection, engineering controls, improved work practices, training, and others. The proposed changes to

section 5204 will close these three loopholes for tasks performed on artificial stone (with >0.1% silica) or natural stone (with >10% silica), known as “high–exposure trigger tasks” in the proposal. The proposed changes will make RCS pro - tections mandatory, regardless of “objective data” ob- tained by the employer, or exposure levels measured by the employer. This will allow Cal/OSHA to en - force immediately upon observing hazardous condi - tions rather than waiting to conduct time–consuming and resource–intensive air monitoring and laboratory analyses. This is similar to the existing asbestos and lead regulations. The proposed changes to

section 5204 take this approach because exposure monitoring can produce widely varying results on any given day; it is therefore not considered to be a reliable indicator of employee exposure, particularly when the consequences of ex - posure are so high, potentially leading to death. In ad- dition, employers sometimes alter work processes or reduce production levels during exposure monitoring, such that the monitoring underestimates typical work- place exposures. This results in hazardous working conditions continuing and limits Cal/OSHA ’s ability to ensure that employers implement the protections

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 506 required under

section 5204. Exposure monitoring is also resource–intensive for Cal/OSHA; it adds dozens of hours of work per investigation and delays imple - mentation of necessary protective measures. The proposed changes to

section 5204 will retain a new subsection (g), Imminent Hazards, which was introduced in the silica ETS and allows Cal/OSHA to immediately issue an “Order Prohibiting Use” (OPU) when certain hazardous conditions are observed, with- out having to conduct air monitoring and lab analyses. An OPU requires the employer to shut down an oper - ation or the shop itself, depending on the extent of the hazard, pending abatement. This facilitates immediate protections for workers from exposures to RCS.

Covered Employers The proposed amendments to the silica regulations will primarily apply to countertop manufacturing and fabrication. Cal/OSHA estimates there are approxi - mately 841 countertop fabrication shops in California that employ 4,955 employees. About 816 (97%) of these shops are small businesses that employ fewer than 10 employees. About 25 shops are large employers. The revisions apply to high–exposure trigger tasks per - formed with artificial stone that contains >0.1% silica and to natural stone that contains >10% silica.

Natural stone is included to ensure that workers who handle it will benefit from the safety improvements required by the proposed revisions to

section 5204, which — under the existing standard — cannot otherwise be effectively enforced by Cal/OSHA. A synopsis of the proposed changes is as follows:

Section 5204. OCCUPATIONAL EXPOSURES TO RESPIRABLE CRYSTALLINE SILICA Requirements of the Pre–ETS Subsection 5204 For general industry, covered employers are re - quired to: ■ Ensure that no employee is exposed to RCS above the permissible exposure limit (PEL, 50 µg/m3 as an 8–hour time weighted average) (existing sub -

section c); ■ Characterize employee exposures to RCS to de - termine if they may be at or above the action lev- el (25 µg/m3 as an 8–hour time weighted average) by conducting air monitoring or by deferring to “objective data,” defined as “calculations based on the composition of a substance,” or “industry– wide surveys” (existing subsection d); ■ Limit workers’ access to areas where they could be exposed to RCS above the PEL (existing sub -

section e); ■ Use dust controls to protect workers from sili - ca exposures above the PEL, if feasible (existing subsection f); ■ Establish and implement a written exposure con - trol plan that identifies tasks that cause exposure and methods used to protect workers (existing subsection f); ■ Provide respirators to workers when dust controls are not sufficient to limit exposures to or below the PEL (existing subsection f); ■ Use housekeeping methods that do not create air- borne dust, if feasible (existing subsection h); ■ Offer medical exams including chest X–rays and lung function tests, within 30 days of initial hire and every three years for workers exposed at or above the action level for 30 or more days per year; require reporting of certain results to the employee and employer, followed by a specialist evaluation, as needed (existing subsection i); ■ Train workers on work operations that result in RCS exposure; on RCS control measures in the workplace; and on the health hazards of RCS.

Post signs warning of lung damage at entrances to “regulated areas,” as defined (existing subsec - tion j); and ■ Keep records of exposure measurements, objec - tive data, and medical exams (existing subsection k). Proposed Changes to the Existing Regulations Subsection (

a) Scope and application. ● “High–exposure trigger tasks” are covered by the protective measures required in the section, re - gardless of employee exposures, exposure assess- ments, or objective data. These tasks are those in which employees cut, grind or polish artificial stone (>0.1% silica) or natural stone (>10% silica). Subsection (

b) Definitions. ● New

definitions are proposed for artificial stone, confirmed silicosis, high–exposure trigger task, qualified person, suspected silicosis and wet methods. Subsection (

d) Exposure assessment. ● Employers must monitor high–exposure trig - gers tasks (HETTs) for silica dust at least every 12 months to assess the effectiveness of dust con- trols and notify employees of the results. Subsection (e): Regulated areas. ● Employees must perform all HETTs in a “regu - lated area,” as defined.

Subsection (f): Methods of compliance. ● Employers must provide employees with tools that flow enough water over the working edge to suppress dust. ● Employers must protect employees from dust during clean–up work. ● Compressed air must not be used to remove dust from clothing, tools, or surfaces; dust must not be disturbed during clean–up; rotation cannot be used to reduce employee exposures to RCS; em -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 507 ployee must not walk or otherwise move through dust. ● Employers must expand the written exposure con- trol plan to include air monitoring results; proce - dures for proper donning and doffing of person - al protective equipment, including work cloth - ing and respiratory protection; confirmation of reporting to Cal/OSHA under

section 5203; and training procedures. ● Cal/OSHA may require the employer to take ad - ditional actions to protect employees through the issuance of an Order to Take Special Action in accordance with

Section 332.3. Subsection (

g) Imminent hazards. ● Allows Cal/OSHA to quickly shut–down an op - eration or the shop itself if certain violations are observed by a Cal/OSHA compliance officer. Subsection (

h) Respiratory protection. ● Employers must provide a full–face, tight–fitting powered air–purifying respirator (PAPR) or res - pirator with equal or greater protection to each employee who performs a HETT, with an As - signed Protection Factor (APF) of 1000. ● Employees who use a PAPR must be fit–tested and trained to use it. ● The PAPR must be stored in a clean location. ● Under an exception, a less–protective respirator with APF of 25 or greater is allowed if the em - ployer demonstrates that RCS exposure levels are below the action level based on sampling con - ducted every six months by a qualified person, as defined. ● A supplied air respirator is required for employ - ees with confirmed or suspected silicosis, or as recommended by the physician or other licensed health care professional (PLHCP) or specialist.

Subsection (

i) Housekeeping. ● The feasibility exemptions in the existing regula- tion are removed for HETTs. ● Dry sweeping and brushing, and the use of com - pressed air to clean clothing and surfaces, are prohibited. Subsection (

j) Medical surveillance. ● The employer must provide initial and annu - al medical exams for employees who engage in HETTs, and they must be offered at no cost to the employee and at a reasonable time and place. ● Under an exception, annual exams can be moved to one exam every three years if the employer demonstrates that RCS exposure levels are below the action level based on sampling conducted ev- ery six months by a qualified person, as defined. ● The required initial and periodic medical ex - ams must include a more extensive medical and work history, as well as a computed tomography (CT) scan for employees with suspected silicosis or certain exposure conditions, or based on the PLHCP’s determination. ● The employer is required to provide certain in - formation to the PLHCP and must ensure that the PLHCP communicates the exam results to the employee.

The PLHCP communicates their opin- ion to the employer, along with any recommend - ed changes to the employee’s working conditions, and the employer must convey this information immediately to the employee. ● PLHCPs are required to report silicosis and lung cancer cases to Cal/OSHA and CDPH, in addi - tion to meeting reporting obligations under CCR title 17. Subsection (

k) Medical removal (A new subsection not in the silica ETS) ● If recommended by the PLHCP in order to reduce an employee’s exposure to RCS, the employer is required to modify an employee’s job or transfer the employee to comparable work. ● Up to six months, the employer is required to maintain the employee’s earnings, seniority and other benefits, minus any payments the employee receives from workers’ compensation or income received from another employer. ● The employer is required to pay for an indepen - dent medical review if requested by the employ - ee.

The results of the review are binding on all the parties. Subsection (l).

Communication of respirable crys - talline silica hazards to employees. ● All training and communications must be in a language and at a literacy level appropriate for the employees. ● The signage for “regulated areas” must include the phrase, “Causes permanent lung damage that may lead to death” in English and Spanish. ● Employers must train employees in the symptoms of silicosis; how to employ dust controls, work practices and respiratory protection to prevent dust exposures; and how silica dust can worsen the effects of smoking and tuberculosis infection. ● Employers must encourage employees to report any symptoms related to exposure to RCS with - out fear of reprisal, and employers are prohibited from taking or threatening to take any adverse action against employees who report symptoms or who suffer from a silica–related illness.

Subsection (m). Reporting of silicosis. ● Employers must report confirmed silicosis and lung cancer cases within 24 hours to the Califor -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 508 nia Department of Public Health (CDPH) and to Cal/OSHA. ● Within 24 hours of identifying a confirmed sil - icosis or lung cancer case, healthcare providers must report the case to Cal/OSHA, while also meeting their silicosis reporting obligations un - der CCR title 17 Subsection (n). Recordkeeping. ● The proposed revision was renumbered but no other changes were made to this subsection. Deletion of former subsection (

l) Dates. ● Former subsection (

l) has been deleted as all the implementation dates listed have passed and the subsection has no effect. The Board evaluated the proposed regulations pur - suant to Government Code

section 11346.5(a) (3) (

D) and has determined that the regulations are not incon - sistent or incompatible with existing state regulations. This proposal is part of a comprehensive system of occupational safety and health regulations.

The con - sistency and compatibility of that system’s compo - nent regulations is provided by such things as: (1) the requirement of the Federal Occupational Safety and Health Administration (OSHA) and the Labor Code that state regulations be at least as effective as their federal counterparts, and (2) the requirement that all state occupational safety and health rulemaking be channeled through a single entity (the Standards Board). This proposal is at least as effective as the equiva - lent federal standards in Title 29 Code of Federal Reg- ulations,

section 1910.1053 published by OSHA. Anticipated Benefits In general, the proposed changes to

section 5204 will continue the protections introduced by the silica ETS, which will steadily reduce worker exposures to RCS; make compliance clearer and more straightfor - ward for employers; and improve the efficiency of Cal/ OSHA ’s compliance program. By protecting employ- ees from exposure to RCS, these changes will reduce case numbers and deaths due to RCS–attributable dis- eases, including lung cancer, kidney disease, COPD, and other nonmalignant respiratory illnesses, includ - ing silicosis, which is a permanently disabling and of- ten fatal pulmonary disease.

The proposed regulation will thereby prevent the direct and indirect impacts associated with these fatal and non–fatal conditions, including the cost of medical care and rehabilitation, as well as lost wages, benefits, and lifetime produc - tivity. These costs are currently borne by employers, insurers, public programs, workers, and their families. Over 10 years, the expected costs of the proposed regulation to businesses are $106.5 million. Annual benefits are expected to increase slowly from $0.7 mil- lion in year one to $95.7 million by year ten, reaching a total of $492 million over the 10–year period.

These anticipated benefits are attributable to the effect the proposed revisions to

section 5204 will have in pre - venting diseases and fatalities that would otherwise occur. This estimated benefit figure does not include indirect costs of pain and suffering, lost wages and benefits, and lost lifetime productivity that fall to em - ployees and their families. Finally, protecting workers from disabling and deadly diseases will also place the industry itself on a more secure footing. The industry will be subject to increasingly stringent regulatory oversight and other actions if it continues to cause disabling diseases and death among employees.

DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on Local Agencies and School Districts: None. Cost or Savings to State Agencies: The revisions to

section 5204 will relieve Cal/ OSHA of costs associated with air sampling for RCS and laboratory analysis of those samples for workers who perform HETTs. Cost to Any Local Government or School District Which Must be Reimbursed in Accordance with Government Code Sections 17500 through 17630: None. Other Nondiscretionary Cost or Savings Imposed on Local Agencies: None. Cost or Savings in Federal Funding to the State: None.

Cost Impacts on a Representative Private Person or Business: The Board is not aware of any cost impacts that a representative private person would incur in reason - able compliance with the proposed action. The Board is aware that there are cost impacts that a representative business may incur in complying with the proposed action. For the 841 total fabrica - tion shops, the Board estimated the total costs of the proposed regulation by deriving and aggregating total upfront costs, recurring costs, labor costs, and medical costs, which include requirements pertaining to medi- cal surveillance and medical removal.

In the first year of the proposed revisions to

section 5204, the total cost for all small and large shops combined is estimated at $23.4 million, of which $19.2 million is distributed among 816 small shops and $4.2 is distributed among 25 large shops. The cumulative 10–year cost for all small and large shops combined is $106.5 million, of which $91.7 million is distributed among the 816 small shops and $14.8 million is distributed among the 25

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 509 large shops. The total average annual cost over this 10–year period is $9.2 million for the 816 small shops and $1.5 million for the 25 large shops. 97 percent of businesses affected are small businesses. Compliance costs include costs for engineering controls, house - keeping, respiratory protection, medical surveillance, medical removal, and training.

Statewide Adverse Economic Impact Directly Affecting Businesses and Individuals, Including the Ability of California Businesses to Compete: The Board has made an initial determination that this proposal will not result in a significant, state - wide adverse economic impact directly affecting businesses/individuals, including the ability of Cali - fornia businesses to compete with businesses in other states. This proposal is expected to reduce serious illness - es, permanent disability, and deaths, by reducing em - ployee exposures to respirable crystalline silica. Because the proposed changes to

section 5204 affect only 841 businesses, it will have a negligible impact on California businesses and their ability to compete. Some employees will be affected if their employer is unable or unwilling to comply with the new require - ments, because those employers would be expected to exit the market. Other employers who are able and willing to comply with the new requirements, thereby creating safer working conditions, will likely expand their business over time as unsafe operators exit the market. Because the stone fabrication industry is pri - marily localized to specific regions, fabrication shops that successfully implement the revisions to

section 5204 are unlikely to experience competition from out–of–state operators that are not subject to the re - quirements — and associated costs — of the increased protections that will be required under the proposed changes to

section 5204. Significant Effect on Housing Costs: None. SMALL BUSINESS DETERMINATION The Board has determined that the proposed amend- ments may affect small businesses. California Government Code

section 11346.3 de - fines small businesses as businesses that are inde - pendently owned and operated, not dominant in their field of operation and have fewer than 100 employees. The total cost per small shop of the proposed revi - sions depends on whether the shop already uses wet methods. Based on the analysis conducted for the sil - ica ETS, 367 (45%) of 816 small shops currently use wet methods, so the cost of implementing the pro - posed revisions in the first year for each of these shops is estimated at $13,300.

The remaining 449 (55%) small shops that do not already use wet methods will need to invest in these technologies in the first year of the regulation. The cost of implementing the proposed revisions in the first year for each of these shops is therefore 2.4 times greater, estimated at $31,900. Over ten years, the average annual cost for each small shop that already uses wet methods is $4,400,

whereas the average annual cost for each shop that currently does not use wet methods is $16,800. For the 841 total fabrication shops affected by the proposed revision to

section 5204, the total costs were estimated by deriving upfront costs, recurring costs, labor costs, and medical costs. In the first year of the proposed revisions to

section 5204, the total cost for all small and large shops combined is estimated at $23.4 million, of which $19.2 million is distributed among 816 small shops and $4.2 is distributed among 25 large shops. The cumulative 10–year cost for all small and large shops combined is $106.5 million, of which $91.7 million is distributed among the 816 small shops and $14.8 million is distributed among the 25 large shops. The total average annual cost over this 10–year period is $9.2 million for the 816 small shops and $1.5 million for the 25 large shops.

Savings in diseases and deaths among employees are expected to accrue over this 10–year period, as noted above. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS Given the small size of the stone fabrication indus - try relative to the California economy, the proposed changes to

section 5204 will have a negligible effect on the creation or elimination of jobs. They will likely eliminate some businesses, but may also expand exist- ing businesses in this sector; they are unlikely to cause the creation of new businesses. The new regulations will provide immediate safety benefits to workers in this industry by requiring effective and enforceable protections from exposures to RCS. Over subsequent years, these protections will result in fewer disability cases and deaths from silicosis and other diseases at - tributable to RCS exposure among workers in this in - dustry.

This will benefit these workers and their fami- lies, as well as others who bear the direct and indirect costs of early disease, disability and death, including insurers, employers, hospital systems, and public safe- ty net programs. Aside from the families of stone fab- rication workers, the new regulations will not have an effect on the broader health and welfare of California residents. The new regulation will not affect the state’s environment.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 510 CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a) (13), the Board must determine that no rea- sonable alternative it considered to the regulations or that has otherwise been identified and brought to its attention would either be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons or would be more cost–effective to af- fected private persons and equally effective in imple - menting the statutory policy or other provision of law than the proposal described in this Notice.

Based on in–person and remote meetings with rep - resentatives of the stone fabrication industry and ar - tificial stone manufacturing industry, the Board con - sidered two alternatives to the current proposal: (1) limiting the proposal strictly to requiring wet methods when fabricating artificial stone, and authorizing the Division to shut down fabrication shops that do not use wet methods; or (2) prohibit the cutting, grinding and polishing of artificial stone. The Board rejected alternative (1) because it would not provide sufficient protections for workers from exposure to RCS.

Studies from National Institute for Occupational Safety (NIOSH) and the Georgia Insti - tute of Technology have shown that even with fully operational wet methods, exposures are often over the PEL. Additional protections are therefore needed. The proposed revision therefore requires improved protec- tions in housekeeping, respiratory protection, medical surveillance, medical removal, training, signage and reporting, all of which play a role in reducing RCS exposures. The Board rejected alternative (2) because it could incentivize the growth of illegal fabrication shops that are hidden from regulators.

These shops would con - tinue to use unsafe methods and endanger their em - ployees. This approach could also incentivize fabrica- tion shops to open in adjacent states where protective methods are not in place. CONTACT PERSONS Inquiries regarding this proposed regulatory action may be directed to Autumn Gonzalez (Acting Execu - tive Officer) or the designated back–up person, Ama - lia Neidhardt (Principal Safety Engineer) at the Oc - cupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; (916) 274–5721.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF THE PROPOSED REGULATIONS AND RULEMAKING FILE The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, the Initial State - ment of Reasons, supporting documents, or other in - formation upon which the rulemaking is based.

Cop - ies may be obtained by contacting Autumn Gonzalez or Amalia Neidhardt at the address or telephone num- ber listed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the Board makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clear - ly indicated) available to the public at least 15 days before the Board adopts the regulations as modified.

Please request copies of any modified regulations by contacting Autumn Gonzalez or Amalia Neidhardt at the address or telephone number listed above. The Board will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Autumn Gonzalez or Amalia Neidhardt at the address or tele - phone number listed above or via the internet.

AVAILABILITY OF DOCUMENTS ON THE INTERNET The Board will have rulemaking documents avail - able for inspection throughout the rulemaking process on its website. Copies of the text of the regulations in an underline/strikeout format, the Notice of Proposed Action and the Initial Statement of Reasons can be ac- cessed through the Standards Board’s website at http:// www.dir.ca.gov/oshsb.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 511 TITLE 14. DEPARTMENT OF FISH AND WILDLIFE ADD

SECTION 723, SUSPENSION OR REVOCATION OF LAKE AND STREAMBED ALTERATION AGREEMENTS TO TITLE 14 OF THE CALIFORNIA CODE REGULATIONS In accordance with Fish and Game Code

section 1612, the Department of Fish and Wildlife (“Depart - ment”) proposes to add

Section 723, Suspension or Revocation of Lake and Streambed Alteration Agree - ments to Title 14 of the California Code of Regula - tions. Proposed

Section 723 establishes a process by which the Department may suspend or revoke a Lake or Streambed Alteration Agreement if the Department determines the permittee is not in compliance with the terms of their agreement or fails to submit a timely status report when a report is required. The proposed regulation described below may be adopted after considering all comments, objections, and recommendations regarding the proposed action.

PUBLIC HEARING NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held virtually via webinar/ teleconference from 11:00 a.m. to 12:00 p.m. on Tues- day, June 18, 2024. Instructions for participation in the webinar/teleconference hearing will be posted at www.wildlife.ca.gov/Notices/ Regulations/LSA–Revocation–Suspension at least seven days in advance of the meeting.

WRITTEN COMMENT PERIOD Written comments may be submitted at any time before or on June 18, 2024, by mail or email to the contact as follows: California Department of Fish and Wildlife Regulations Unit Attention: Mike Randall, Analyst P.O. Box 944209 Sacramento, CA 94244–2090 Email: Regulations@wildlife.ca.gov AUTHORITY AND REFERENCE Authority: Sections 702, 1605, and 1612, Fish and Game Code. Reference: Sections 1601, 1602, 1605, and 1612, Fish and Game Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department proposes to add

section 723, Sus - pension or Revocation of Lake or Streambed Alter - ation Agreements, to title 14 of the California Code of Regulations.

Section 723 implements Fish and Game Code

Section 1612, which requires the Department to adopt regulations establishing a procedure for sus - pending or revoking a Lake and Streambed Alteration agreement (“agreement”) when the Department de - termines the permittee is not in compliance with the agreement or fails to provide timely status reports where the permittee has a long–term agreement. The procedure must require the Department to provide written notice to the permittee explaining the basis for suspension or revocation and an opportunity to cor - rect any deficiencies. BACKGROUND Fish and Game Code

Section 1602 requires an en - tity, as defined in

Section 1601, to notify the Depart - ment before the entity substantially alters the flow, bed, channel, or bank of any river, stream, or lake. If the Department determines the project described in the notification could substantially adversely affect an existing fish or wildlife resource, the project will require agreement from the Department that includes resource protection measures, among other terms.

The term of an agreement may not exceed five years unless the entity requests a longer term, and the De - partment agrees. (Fish & Game Code, § 1605, subdi- visions (a) (1), (g).) To obtain a long–term agreement, the entity must agree to provide a status report to the Department every four years. (Fish & Game Code, § 1605, subdivision (g) (2).) REGULATORY PROPOSAL To meet the requirements under Fish and Game Code

Section 1612, the Department proposes adding

Section 723 to title 14 of the California Code of Regu- lations, which will do the following: 1. Define the following terms used in

Section 1612 and the proposed regulation: 1) “deficiency”; 2) “Lake or Streambed Alteration agreement” or “agreement”; 3) “permittee”; and 4) “status report.” 2. Allow the Department to suspend or revoke an agreement when the Department determines the entity is not in compliance with the terms of the agreement or fails to provide timely status reports where the entity has a long–term agreement.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 512 3. Establish the following procedure the Depart - ment must follow before suspending or revoking an agreement in accordance with

Section 1612: Step 1: The Department determines the en - tity has failed to comply with the terms of their agreement or to file a timely status re - port. The Department sends the entity a no - tice of non–compliance that describes the deficiency, as that term is defined in the pro- posed regulation, directs the entity to cor - rect each deficiency by the date in the no - tice, and explains that the Department will suspend the agreement unless the entity corrects each deficiency by the date in the notice.

Step 2: If the entity demonstrates each de - ficiency has been corrected by the date in the notice of non–compliance, the Depart - ment must notify the entity the agreement remains in effect. If the entity does not dem- onstrate each deficiency has been correct - ed by the date in the notice, the Department must send the entity a notice of suspension that explains: 1) the agreement is suspended; and 2) if each deficiency has not been cor - rected by the date in the suspension notice, the agreement will be revoked.

Step 3: If the entity demonstrates each defi - ciency has been corrected by the date in the notice of suspension, the Department must notify the entity the suspension has been re - leased and the agreement is again in effect. If the entity does not demonstrate each defi- ciency has been corrected by the date in the notice, the Department must send the en - tity a notice of revocation that explains the agreement has been revoked. 4. Provide that the effective date of any suspension or revocation shall be 10 days from the date of the notice of suspension or notice of revocation under steps 3 and 4, above. 5.

Allow the Department to set the date by which an entity must correct any deficiency identified in a notice of non–compliance and notice of suspen - sion (“end date”) on a case–by–case basis based on certain factors identified in the proposed regulation. 6. Allow the Department to extend any end date upon written request by the entity based on cer - tain factors identified in the proposed regulation. 7. Specify that the method by which any notices or other writings the Department delivers to an en - tity must be by regular mail and email. 8.

Clarify that an entity that is not in compliance with the terms of an agreement or fails to provide timely status reports is subject to all fines and penalties imposed by the Fish and Game Code or any other law. BENEFITS OF THE PROPOSED REGULATIONS The purpose of an agreement is to protect fish and wildlife resources that may be substantially adversely affected by the project or activities the agreement au - thorizes. The purpose of a status report for a long–term agreement is for the Department to evaluate the effi - cacy of these measures.

By allowing the Department to suspend or revoke an agreement administratively when an entity is not in compliance with the terms of an agreement, which includes resource protection measures, or fails to provide timely status reports, the proposed regulation benefits the state’s fish and wildlife resources. Without the proposed regulation, the Department will need to continue relying on the Attorney General or a district or city attorney to bring the entity into compliance. This can take much longer than an administrative action by the Department un - der Fish and Game Code

Section 1612 and because of the delay, result in greater harm to resources. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS The Legislature, through Fish and Game Code Sec - tion 1612, has directed the Department to adopt reg - ulations establishing a procedure for suspending or revoking an agreement. The Department has reviewed its existing regulations in title 14 of the California Code of Regulations and finds that the proposed regu- lation is neither inconsistent nor incompatible with the existing regulations in title 14.

The Department has searched the regulations in all other titles of the Cal - ifornia Code of Regulations and has found no other regulations that set forth the requirements in the De - partment’s proposed regulation. DOCUMENTS INCORPORATED BY REFERENCE None. DOCUMENTS RELIED UPON None.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 513 DISCLOSURES REGARDING THE PROPOSED ACTION Impact of the Regulatory Action/Results of the Economic Impact Assessment The potential for significant statewide adverse eco - nomic impacts that might result from the proposed regulation has been assessed, and the following initial determinations relative to the required statutory cate - gories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States: None. The Department concludes that the proposed regulation will not have any adverse economic impact on any business. The proposed regulation imposes no fees or costs, does not require any action by any busi - ness, and would only apply to a business if it has an agreement and the business, as a permittee, is not in compliance with it. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: None. The Department concludes that the proposed regulation will not create or eliminate jobs, create new businesses, eliminate existing businesses, or expand businesses in the state.

As explained above, the pur - pose of the proposed regulation is to allow the Depart- ment to suspend or revoke an agreement if after being given an opportunity to come into compliance with their agreement, the permittee fails to do so. The pro - posed regulation will not benefit the health and wel - fare of California residents or worker safety. However, the proposed regulation could benefit the state’s en - vironment by ensuring a permittee is following their agreement, the purpose of which is to protect fish and wildlife resources the project covered in the agree - ment could adversely affect. (

c) Cost Impacts on Representative 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 regulation. The proposed regulation does not impose any fees or costs. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: None. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on Any Local Agency or School District that are Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS None. The Department concludes that the proposed regulation will not have any effect on small business. As explained above, the purpose of the proposed regu- lation is to allow the Department to suspend or revoke an agreement if after being given an opportunity to come into compliance with their agreement, the per - mittee fails to do so. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Department concludes that the proposed regu - lation will not create additional job opportunities; re - sult in the elimination of jobs or existing businesses, create new businesses, eliminate existing businesses, or expand businesses in the state. (

a) Effects of the Regulation on the Creation or Elimination of Jobs Within the State: None. The cumulative effects of the changes state - wide are expected to be neutral regarding the creation or elimination of jobs within the state. (

b) Effects of the Regulation on the Creation of New Businesses or the Elimination of Existing Businesses Within the State: None. The cumulative effects of the changes state - wide are expected to be neutral regarding the creation or elimination of businesses within the state. (

c) Effects of the Regulation on the Expansion of Businesses Currently Doing Business Within the State: None. The cumulative effects of the changes state - wide are expected to be neutral regarding the expan - sion of businesses within the state. (

d) Benefits of the Regulation to the Health and Welfare of California Residents: None. The cumulative effects of the changes state - wide are expected to be neutral regarding the health and welfare of California residents. (

e) Benefits of the Regulation to Worker Safety: The cumulative effects of the changes statewide are expected to be neutral regarding worker safety. (

f) Benefits of the Regulation to the State’s Environment: The purpose of the agreement is to protect fish and wildlife resources that may be substantially adversely

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 514 affected by the project or activities the agreement au - thorizes. The purpose of a status report for a long–term agreement is for the Department to evaluate the effi - cacy of these measures. By allowing the Department to suspend or revoke an agreement when a permittee is not in compliance with the terms of an agreement, which includes resource protection measures, or fails to provide timely status reports, the proposed regu - lation benefits the state’s fish and wildlife resources.

If the Department were unable to suspend or revoke an agreement in these circumstances, it would need to rely on the Attorney General or a district or city attorney to bring the permittee into compliance. This would take much longer and could result in greater harm to resources because of the delay, assuming the Attorney General or a district or city attorney even takes the case. The cumulative effects of the changes statewide are expected to be minimal regarding the state’s environ - ment.

This largely depends on the number of permit - tees out of compliance with their agreements and how many of these permittees the Department brings into compliance with the proposed regulation. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Department must de- termine that no reasonable alternatives to the proposed regulation it considered or that have otherwise been identified and brought to its attention would either be more effective in carrying out the purpose for which the regulation is proposed or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost–effective to af- fected private persons and equally effective in imple - menting the statutory policy or other provision of law.

The Department invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the regulations during the written comment period. AVAILABILITY OF RULEMAKING DOCUMENTS AND CONTACT PERSONS Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regula - tion in underline and strikeout format can be accessed through the Department website at https://wildlife. ca.gov/notices/regulations/.

The proposed text (the “express terms”) of the reg - ulations, as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review at 715 P Street, Sacramen- to, CA 95814 (17th floor). The rulemaking file will be available electronically upon request by contacting the Department at Regulations@wildlife.ca.gov. Inquiries concerning the regulatory process or requests for doc- uments should be directed to: California Department of Fish and Wildlife Mike Randall, Regulations Unit P.O.

Box 944209 Sacramento, CA 94244–2090 Telephone: (916) 902–9109 Email: regulations@wildlife.ca.gov Inquiries concerning the subject matter or substance of the proposed action should be directed to: Nicole Gephart, Senior Environmental Scientist California Department of Fish and Wildlife P.O. Box 944209 Sacramento CA 94244–2090 Telephone: (916) 594–6143 Email: regulations@wildlife.ca.gov As of the date this notice is published, the rulemak - ing file consists of: 1. STD Form 400: Notice of Proposed Action 2. Initial Statement of Reasons 3. Proposed Text of the Regulation: Addition of Sec- tion 723, Title 14, CCR 4.

Economic and Fiscal Impact Assessment (Form STD 399) and addendum AVAILABILITY OF THE INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The rulemaking file is available online at: https:// www.wildlife.ca.gov/Notices/Regulations/ AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all the timely and relevant com - ments received, the Department may adopt the pro - posed regulation substantially as described in this no - tice.

If the Department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clear - ly indicated) available to the public for at least 15 days before the Department adopts the regulation as revised. Please send requests for copies of any modi - fied regulation to the Regulations Unit at the address above. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 515 AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by checking the website at the link provided above, or the Regulations Unit at the address above. TITLE 22. EMERGENCY MEDICAL SERVICES AUTHORITY NOTICE IS HEREBY GIVEN that the Emergency Medical Services Authority (EMSA) is proposing to take the action described in the Informative Digest.

Written comments, including those sent by mail, fac - simile, or email to addresses listed under Ryan McEl - hinney in this Notice, must be received by EMSA at its office by midnight on June 18, 2024. The Board has not scheduled a public hearing on this proposed action. However, the EMSA will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized repre - sentative, no later than 15 days before the close of the written comment period.

EMSA may thereafter adopt the proposal substantially as described below or may modify the proposal if such modifications are suffi - ciently related to the original text. With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notifi - cation of any changes to the proposal. Authority and Reference: The Health and Safety Code

Section 1797.107 authorizes EMSA to adopt the proposed regulations, which would implement, inter - pret, clarify, or make specific

Section 1797.112 of the Health and Safety Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (Health and Safety Code Division 2.5) created EMSA and outlined its authorities, duties, and responsibili - ties. Included in the act are the authority and proce - dures for promulgating regulation (Health and Safety Code

section 1797.107), Health and Safety Code sec - tion 1797.112 creates the EMS personnel fund (Fund) along with requirement of the fund, which is main - tained by EMSA. EMSA is part of a two–tier system overseeing Emer- gency Medical Services. EMSA serves as the agency that sets statewide EMS system operation, data col - lection, communications, manpower, and training standards and a Local Emergency Medical Service Agency (LEMSA) provides EMS system oversight at the local level. Today, there are 34 LEMSAs in Cali - fornia. Most LEMSAs serve a single county, but other LEMSAs serve multiple counties.

Over the course of 30 years, Title 22 of the Cali - fornia has been continuously amended to reflect new technologies, policy priorities and budgetary items. The Emergency Medical Services Authority has been diligent in updating regulations that impact how pa - tients, professionals and other participants in the emergency medical system interact with each other. The EMS Commission and EMSA team members have recognized that there is a need to reorganize the regulations to be more usable by all parties within the EMS system.

Various sections, articles, or chapters within the current text of Title 22 are out of place, not connected with each other or may be duplicative. This has resulted in a regulatory framework that is both confusing for stakeholders and problematic for patient care. Specifically, the regulatory proposal is as follows: Re–organization of Chapters 1–14 of Division 9 of Title 22. Anticipated Benefits of the Proposed Regulations: These regulations will result in a more coherent and logical order of operations for Division 9 code govern- ing prehospital emergency hospital care.

Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, EMSA has conducted a search of any similar regulations on this topic and has conclud - ed that these regulations are neither inconsistent nor incompatible with existing state regulations. DOCUMENTS INCORPORATED BY REFERENCE None. DISCLOSURES REGARDING THE PROPOSED ACTION Cost or savings to any state agency: EMSA is not aware of any significant cost impacts that a state agen- cy would incur in reasonable compliance with the pro- posed action.

Cost or savings in federal funding to the state: None. Local mandate: None. Nondiscretionary costs or savings to local agen - cies: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code

Section 17500–17630: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 516 Business Report Requirement: None. Cost impact on a representative private person or business: EMSA is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro - posed action. Significant, statewide adverse economic impact di - rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Significant effect on housing costs: None.

Effect on small businesses: The proposed regula - tions will not affect small businesses. Re–ordering of the operations of Division 9 will not change the cur - rent regulations that impact small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT Economic Impact Assessment: As stated earlier, the reorganization of EMSA ’s reg- ulations in Division 9 of Title 22 will benefit the health and welfare of California residents, making the regu - lations more usable by all parties with the EMS sys - tem. The regulations are not expected to affect worker safety or the state’s environment.

EMSA concludes that it is: (

l) unlikely that the pro- posal will eliminate any jobs or LEMSAs; (2) unlikely the proposal will create any new jobs; (3) unlikely the proposal will create new businesses or any new LEM- SAs; (4) unlikely the proposal will eliminate any exist- ing businesses in California or existing LEMSAs; and (5) unlikely the regulations will result in the expansion businesses currently doing business within the state or expansion of LEMSAs currently operating in the state.

CONSIDERATION OF ALTERNATIVES The EMSA must determine that no reasonable alter- native to the regulation or has otherwise been identi - fied and brought to its attention would either be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the pro - posal described in this Notice, or would be more cost– effective to affected private persons and equally effec- tive in implementing statutory policy or other provi - sion of law.

Any interested person may present statements or ar- guments with respect to alternatives to the proposed regulations during the written comment period or at the scheduled hearing. INITIAL STATEMENT OF REASONS, TEXT OF THE PROPOSAL, FINAL STATEMENT OF REASONS, AND RULEMAKING FILE Copies of the proposed text, any document incorpo- rated by reference, and the initial statement of reasons are available by contacting the person named below. All information upon which the proposed regu - lations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below.

A copy of the final statement of reasons can be ob - tained once it has been completed, by making a re - quest to the contact person named below or by access- ing the website listed below.

AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the proposed text are available on the EMSA website at https://emsa.ca.gov/ public_comment/ CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Ryan McElhinney EMS Authority Address: 11120 International Drive, Suite 200 Rancho Cordova, CA 95670 Cellphone: (916) 969–8826 Email: ryan.mcelhinney@emsa.ca.gov The backup contact person is: Name: Ashley Williams EMS Authority Address: 11120 International Drive, Suite 200 Rancho Cordova, CA 95670 Cell: (916) 591–3266 Email: ashley.williams@emsa.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 517 TITLE 22/MPP. DEPARTMENT OF SOCIAL SERVICES ORD #0423–04 REPRODUCTIVE HEALTH OF FOSTER YOUTH AND SOCIAL WORKER ACTIVITIES California Department of Social Services (CDSS) hereby gives notice of the proposed regulatory action described below. Any person interested may pres - ent statements or arguments relating to the proposed regulations in writing, email, or by facsimile to the address, email address, or numbers listed below. All comments must be received by June 17, 2024.

Following the close of the public notice, CDSS may thereafter adopt the proposals substantially as described below or may modify the proposals if the modifications are sufficiently related to the original text. Except for nonsubstantive, technical, or gram - matical changes, the full text of any modified proposal will be available for 15 days prior to its adoption to all persons who submit written comments during the public comment period and all persons who request notification on this proposal. Please address requests for regulations as modified to the agency contact iden- tified below.

Copies of the express terms of the proposed regu - lations and the Initial Statement of Reasons are avail - able from the office listed below. This notice, the Ini - tial Statement of Reasons and the text of the proposed regulations are available on CDSS’ public hearing page ( http://www.cdss.ca.gov/inforesources/Letters– Regulations/Legislation–and–Regulations/CDSS– Regulation–Changes–ln–Process–and–Completed– Regulations/Public–Hearing–Information ).

Addition - ally, all the information which CDSS considered as the basis for these proposed regulations (i.e., rulemaking file) is available for public reading at the address listed below.

Following the public notice period, copies of the Final Statement of Reasons will also be available at the following address: CONTACT California Department of Social Services Office of Regulations Development 744 P Street, MS 8–4–192 Sacramento, CA 95814 Telephone: (916) 657–2586, Fax: (916) 654–3286 Email: ord@dss.ca.gov Contact Person: Tyler Penn (916) 204–0337 Backup: Oliver Chu (916) 657–3588 CDSS has not scheduled a public hearing on this proposed action.

However, CDSS will hold a public hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days before the close of the written comment period. Any request should be made to the contact information provided above.

CHAPTERS California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP), Division 31, Child Welfare Services Program INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW These regulations implement state law contained in Assembly Bill (AB) 175, (Chapter 416, Statutes of 2019), Senate Bill (SB) 89 (Chapter 24, Statutes of 2017), SB 528 (Chapter 338, Statutes of 2013), and AB 1127 (Chapter 216, Statutes of 1996), which add or amend Welfare and Institution Code sections 369, 16001.9, 16501.1, and 16521.5.

Existing law modifies case plan documentation requirements for a child age 10 or older and a nonminor dependent in foster care; social worker/probation officer contacts with the child; the rights of children in foster care, and the social worker/probation officer responsibilities for service delivery.

Existing law found in Assembly Bill (AB) 175, (Chapter 416, Statutes of 2019) provides that it is the policy of the state that all minors and nonminors in fos- ter care have specified rights, including, among others, the right to receive medical, dental, vision, and mental health services, the right to be placed in out–of–home care according to their gender identity, regardless of the gender or sex listed in their court or child wel - fare records, the right to review their own case plan and plan for permanent placement if the child is 12 years of age or older and in a permanent placement, and the right to attend Independent Living Program classes and activities if the child meets applicable age requirements.

Existing law in Senate Bill (SB) 89 (Chapter 24, Statutes of 2017) requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the fos - ter care system. Existing law requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older and nonminor dependents, a document that describes the youth’s rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 518 reports at no cost, and the right to stay safe and avoid exploitation. It also requires social workers/probation officers to verify the foster child/nonminor depen - dent’s receipt of comprehensive sexual health educa - tion, which is required for all California students pur - suant to the California Healthy Youth Act (Assembly Bill 329,

Chapter 398, Statutes of 2015). Adding

Section 31.206.223(a), (b), and (

c) and 31.206.224(

a) and (

b) will require the social worker/ probation officer to document the following in the case plan for a foster child age 10 or older and nonminor dependent who is in middle school or high school: ● The child/nonminor dependent’s receipt of com - prehensive sexual health education once be - fore completing middle school and/or once be - fore completing high school (as applicable) as re- quired by the California Healthy Youth Act (As - sembly Bill 329,

Chapter 398, Statutes of 2015). ● The social worker/probation officer informed the child/nonminor dependent of their right, includ - ing but not limited to, access to sexual and repro- ductive health care information and services. ● The social worker/probation officer informed the child/nonminor dependent how to access sexual and reproductive health care services and assis - tance to receive such services, if necessary. These additions are necessary for consistency with Welfare and Institutions Code

section 16501.1, subdi- visions (g) (20) and (21), which describe the informa - tion the social worker/probation officer must document in the case plan for a foster child age 10 or older en - rolled in middle school or high school and a nonminor dependent enrolled in high school. Under existing law in SB 528 (Chapter 338, Statutes of 2013), minors are authorized to consent to medical and other treatment under certain circumstances, in - cluding the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, treatment of infectious, contagious, and communicable diseases, mental health treatment, and treatment for alcohol and drug abuse.

Section 31.320.54(

a) will amend and add require - ments that specify that the social worker/probation of- ficer shall inform a foster child at age 10 or older the following in an age and developmentally appropriate manner: ● The child may consent to or decline the following types of medical care without written or verbal consent from a parent, guardian, caregiver, so - cial worker, probation officer, or other authorized representative: ○ Care related to the prevention or treatment of pregnancy, contraception, abortion, and the diagnosis and treatment of a sexual as - sault including rape (at any age). ○ Care related to the prevention, diagnosis, and treatment of a sexually transmitted in - fection (at age 12 or older). ● The child may access age–appropriate and med - ically accurate information about the prevention of unplanned pregnancy, abstinence, contracep - tion, abortion, pregnancy services, and sexually transmitted infections. ● The social worker/probation officer is to inform the child/nonminor dependent how to access sex- ual and reproductive health care services and will facilitate access to such care, if necessary.

These additions are necessary for consistency with Welfare and Institutions Code sections 369, subdi - vision (h), 16501.1, subdivision (g) (20) and (21), and 16521.5.

Senate Bill 528 (Chapter 338, Statutes of 2013) requires the social worker/probation officer to inform a child in foster care of their right to access age–appropriate and medically accurate information about sexual development, reproductive health, and the prevention of unplanned pregnancy and sexually transmitted infections, and to inform the foster child of their right to consent to medical care relating to the diagnosis and treatment of sexual assault, pregnancy prevention, abstinence, abortion, pregnancy services (at any age), and their right to consent to medical care related to the diagnosis, prevention or treatment of a sexually transmitted infection at age 12 or older.

AB 1127 (Chapter 216, Statutes of 1996) imposed various obligations upon foster care providers and added

Section 16521.5 to the Welfare and Institutions Code. The Handbook

Section 31–401.411(

d) and (e) (Handbook) will be amended to specify that a foster parent does not have to give consent for a child, of any age, to receive medical care related to the prevention, testing or treatment of pregnancy, abortion, birth con- trol, and/or sexual assault including rape. Additional - ly, the foster parent does not have to give consent for a child age 12 or older to receive medical care related to the prevention, testing, and treatment of a sexually transmitted infection including HIV. This Handbook addition is necessary for consisten - cy with Welfare and Institutions Code

section 369(h),

section 16501.1, subdivision (g) (20) and (21), and sec- tion 16001.9, subdivision (a) (24) (A), which specifies the rights of all minors and nonminors in foster care, and Family Code sections 6925, 6926, and 6928 which specifies the medical rights of all minors residing in California. In accordance with Assembly Bill 1127 (Chapter 216, Statutes of 1996), the Department pro - vides the role and responsibilities of foster caregivers in “California’s Plan for the Prevention of Unintended Pregnancy for Youth and Nonminor Dependents in Foster Care.”

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 519 The benefits of the regulatory action to the health and welfare of California residents, worker safety, and the state’s environment are as follows: The regulations will carry out state policy regarding the child welfare services that shall be met by county social workers to ensure the sexual and reproductive health needs of each child in placement at age 10 or older are met to promote overall safety and well–being.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department determined that this proposed reg - ulation is not inconsistent or incompatible with exist - ing regulations. After reviewing any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations concern- ing the Reproductive Health of Foster Youth and So - cial Worker Activities. COST ESTIMATE (

a) Costs or Savings to State Agencies: These regu - lations added or amended in Welfare and Insti - tution Code sections 369, 16001.9, 16501.1, and 16521.5 do not result in any additional local as - sistance fiscal impact that is not already cap - tured in the State Budget. Funding for AB 175, (Chapter 416, Statutes of 2019), SB 89 (Chapter 24, Statutes of 2017), SB 528 (Chapter 338, Stat- utes of 2013), and AB 1127 (Chapter 216, Statutes of 1996), was provided at the year of the legisla - tions’ enactment as necessary and do not require any additional funding. (

b) Costs to Local Agencies or School Districts Which Must Be Reimbursed in Accordance with Government Code Sections 17500–17630: These regulations added or amended in Welfare and Institution Code sections 369, 16001.9, 16501.1, and 16521.5 do not result in any additional local assistance fiscal impact that is not already cap - tured in the State Budget. Funding for AB 175, (Chapter 416, Statutes of 2019), SB 89 (Chapter 24, Statutes of 2017), SB 528 (Chapter 338, Stat- utes of 2013), and AB 1127 (Chapter 216, Statutes of 1996), was provided at the year of the legisla - tions’ enactment as necessary and do not require any additional funding. (

c) Nondiscretionary Costs or Savings to Local Agencies: These regulations added or amend - ed in Welfare and Institution Code sections 369, 16001.9, 16501.1, and 16521.5 do not result in any additional local assistance fiscal impact that is not already captured in the State Budget. Funding for AB 175 (Chapter 416, Statutes of 2019), SB 89 (Chapter 24, Statutes of 2017), SB 528 (Chapter 338, Statutes of 2013), and AB 1127 (Chapter 216, Statutes of 1996), was provided at the year of the legislations’ enactment as necessary and do not require any additional funding. (

d) Federal Funding to State Agencies: These regu - lations added or amended in Welfare and Insti - tution Code sections 369, 16001.9, 16501.1, and 16521.5 do not result in any additional local as - sistance fiscal impact that is not already cap - tured in the State Budget. Funding for AB 175, (Chapter 416, Statutes of 2019), SB 89 (Chapter 24, Statutes of 2017), SB 528 (Chapter 338, Stat- utes of 2013), and AB 1127 (Chapter 216, Statutes of 1996), was provided at the year of the legisla - tions’ enactment as necessary and do not require any additional funding.

LOCAL MANDATE STATEMENT These regulations do not impose a mandate on lo - cal agencies or school districts. There are no state– mandated local costs in these regulations which re - quire reimbursement under the laws of California. STATEMENT OF SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has made an initial determination that the proposed action will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California busi - nesses to compete with businesses in other states.

This determination was made based on [the provisions of SB 89 (Chapter 24, Statutes of 2017) which require county social workers/probation officers to document the case plan for a foster child age 10 or older and a nonminor dependent of their receipt of state–mandated comprehensive sexual health education, including that the foster child age 10 or older or nonminor dependent was informed of their sexual and reproductive health care rights.

The existing statewide database, Child Welfare Services/Case Management System (CWS/ CMS), maintains the delivery of services provided to children involved in California’s foster care system. As such, the Department has modified the CWS/CMS application by creating new data fields to comply with the requirements specified in Welfare and Institutions Code

section 16501.1, subdivision (g) (20) and (21) in accordance with SB 89.]

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 520 STATEMENT OF POTENTIAL COST IMPACT ON PRIVATE PERSONS OR BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. SMALL BUSINESS IMPACT STATEMENT The Department has determined that there is no im- pact on small businesses because these regulations are only applicable to state and county agencies.

STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT The adoption of the proposed amendments will nei- ther create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or create or expand businesses in the State of California. The Department does not anticipate benefits to worker safety and the state’s environment.

The benefits of the regulatory action to the health and welfare of Califor - nia residents, worker safety, and the state’s environ - ment are as follows: The Department has made an initial determination that the proposed action will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California busi - nesses to compete with businesses in other states.

This determination is based on the provisions of SB 89 (Chapter 24, Statutes of 2017) which require county social workers/probation officers to document the case plan for a foster child age 10 or older and a nonminor dependent of their receipt of state–mandated compre - hensive sexual health education, including that the foster child of age 10 or older or nonminor dependent whom was informed of their sexual and reproductive health care rights.

The existing statewide database, Child Welfare Services/Case Management System (CWS/CMS), maintains the delivery of services pro - vided to children involved in California’s foster care system. As such, the Department has modified the CWS/CMS application by creating new data fields to comply with the requirements specified in Welfare and Institutions Code

section 16501.1, subdivision (g) (20) and (21) in accordance with SB 89. STATEMENT OF EFFECT ON HOUSING COSTS The proposed regulatory action will have no effect on housing costs. STATEMENT OF ALTERNATIVES CONSIDERED Alternatives proposed as less burdensome and equally effective in achieving the purposes of the reg- ulation in a manner that achieves the purposes of the statute or other law being implemented and explain a reason for rejecting each such alternative has not been proposed.

In developing the regulatory action, the Department considered the following alternatives with the follow - ing results: No other alternatives are permissible for carrying out the purpose for which the regulations are proposed, as these regulations are necessary due to the implementation of existing law found in SB 89 (Chap- ter 24, Statutes of 2017), SB 528 (Chapter 338, Statutes of 2013), and AB 1127 (Chapter 216, Statutes of 1996).

The Department must determine that no reasonable alternative considered or that has otherwise been iden- tified and brought to the attention of the Department would be more effective in carrying out the purpose for which the regulations are proposed or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

AVAILABILITY OF DOCUMENTS ON THE INTERNET You can access copies of this notice, the proposed regulation text, and the Initial Statement of Reasons on the Department’s Regulations in Process page. AUTHORITY AND REFERENCE CITATIONS CDSS adopts these regulations under the authority granted in Sections 16001.9 and 16501.1, Welfare and Institutions Code;

Section 51930, Education Code; and Sections 6925, 6926 and 6928, Family Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 521 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE STATE SAFE HARBOR AGREEMENT PROGRAM ACT CONSISTENCY DETERMINATION NUMBER 2089–2024–001–06 Project: S afe Harbor Agreement with the Bishop Paiute Tribe for Owens Pupfish (Cyprinodon radiosus) Permittee: B ishop Paiute Tribe Location: I nyo County, California Background On March 8, 2024, the U.S.

Fish and Wildlife Service (USFWS) approved a federal Safe Harbor Agreement (federal SHA) for a 10–year period with the Bishop Paiute Tribe (Permittee) for Owens pupfish (Cyprino- don radiosus) which includes the establishment of a population of Owens pupfish; maintenance and en - hancement of habitat in the Community Open Space Area (COSA); operation, management, and mainte - nance of the water supply and drainage system; mon - itoring; cultural and ceremonial activities; conducting education and outreach and associated activities; and hosting visitors and school field trips (Project).

Ow - ens pupfish is designated as an endangered species pursuant to the federal Endangered Species Act (16 U.S.C. § 1 531 et seq.) and the California Endangered Species Act (CESA) (Fish & Game Code, § 2 050 et seq.). (See Code Regs., title 14, § 6 70.5, subdivision (a) (2) (K).); and a fully protected species Fish & Game Code, § 5 515, subdivision (b) (7).; and a fully protected species Fish & Game Code, § 5 515, subdivision (b) (7). Enrolled Property The Enrolled Property consists of the COSA and the Owens Valley Paiute–Shoshone Cultural Center and Museum (Tribal Cultural Center) (Enrolled Property).

The Enrolled Property occurs within the historic range of the Owens pupfish. However, at this time there are no individual Owens pupfish present, therefore base - line conditions are zero individuals. The purpose of the federal SHA is to establish the species within the Enrolled Property. Beneficial Management Activities The federal SHA describes beneficial management activities that will take place as part of the Project. These include, but are not limited to: ● T he Permittee will provide suitable habitat for the establishment of an Owens pupfish population(

s) at the Enrolled Property; ● B iologists from USFWS and/or the California Department of Fish and Wildlife (CDFW), and those assisting under their direct supervision, may capture and translocate Owens pupfish from within the Enrolled Property for purposes of es - tablishment elsewhere within the Enrolled Prop - erty (including aquariums covered under the fed- eral SHA); ● T he Permittee will maintain Owens pupfish suit - able habitat at the Enrolled Property for the 10– year period of the federal SHA; and ● T he Permittee will establish a small population of Owens pupfish in aquariums for public display at the Tribal Cultural Center, providing the public with information and education to increase their understanding of the status of the Owens pupfish population.

Net Conservation Benefit Currently, there are no Owens pupfish individuals present within the Enrolled Property. After suitable habitat is established as part of the Project, introduction of Owens pupfish and maintenance activities could re- sult in incidental take 1 of Owens pupfish where those activities take place within the Enrolled Property. In particular, Owens pupfish could be incidentally tak - en through mortality or injury to eggs, larvae, juve - niles, and/or adults through suffocation, desiccation, exposure, stranding, entrainment, digging, planting, cutting, or trampling.

However, Project activities are expected to provide an increase in the Owens pupfish population and will provide a net conservation benefit by: ● E stablishing a population of Owens pupfish at the Enrolled Property; ● P roviding areas where existing suitable habitat for Owens pupfish will be maintained in quantity and quality; ● P roviding areas where suitable habitat for Owens pupfish will remain relatively undisturbed; and ● E stablishing a diverse population that could be used to establish future populations of Owens pupfish.

Consistency Determination Request On March 18, 2024, the Director of the CDFW re - ceived a notice from the Permittee, requesting a de - 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.” See also Environmental Protection In - formation Center v. California Department of Forestry and Fire Protection (2008) 44 Cal.4th 459, 507 (for purposes of incidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “ ‘take’…means to catch, capture or kill”).

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 522 termination pursuant to Fish and Game Code

section 2089.22(

a) that the federal SHA is consistent with Cal- ifornia State Safe Harbor Agreement Program Act for purposes of the Project and Owens pupfish. (Cal.

Reg- ulatory Notice Register 2024, Number 13–Z, p. 372.) Determination CDFW has determined that the federal SHA with proposed incidental take of the Owens pupfish is con- sistent with the California State Safe Harbor Agree - ment Program Act because the conservation, avoid - ance, and minimization measures contained in the federal SHA meet the conditions set forth in Califor - nia Fish and Game Code sections 2089.22 and 2089.6 for authorizing incidental take of Owens pupfish.

Spe- cifically, CDFW finds that: (1) take of the Owens pup- fish will be incidental to an otherwise lawful activity; (2) implementation of the federal SHA is reasonably expected to provide a net conservation benefit to the Owens pupfish; (3) the Project will not jeopardize the continued existence of the Owens pupfish; (4) the Per- mittee has agreed, to the maximum extent practicable, to avoid or minimize any incidental take authorized by the federal SHA, including returning to baseline conditions; (5) the federal SHA has established an approved monitoring program;

(6) CDFW has deter - mined that sufficient funding is ensured to complete surveys on the property and there is sufficient fund - ing to carry out management actions and monitoring for the duration of the federal SHA; and (7) imple - mentation of the federal SHA is not in conflict with a CDFW–approved conservation or recovery program for the Owens pupfish.

Avoidance and Minimization Measures The avoidance and minimizations in the federal SHA include, but are not limited to, the following: 1) The Permittee will not intentionally introduce non–native fish species into the ponds in the COSA. 2) The Permittee will ensure that all education and outreach event activities will not disturb the Ow - ens pupfish or their habitats, or any other listed species or their habitats. 3) The Permittee will ensure that its members and visitors (including schoolchildren) will be in - formed of the presence of any federally listed species that occur on the COSA and will be in - formed of areas that provide habitat for listed spe- cies.

Members of the Bishop Paiute Tribe and vis- itors will be instructed to avoid disturbing listed species and their habitat. Monitoring and Reporting Measures Monitoring and reporting measures included in the federal SHA include, but are not limited to, the following: 1) The Permittee will conduct surveys for Owens pupfish in suitable habitat. 2) The Permittee will monitor the implementation and progress of the Management Activities in

Part 6.0 of the federal SHA and provide CDFW and the USFWS with the status of these activities in an annual report. 3) The Permittee will allow reasonable access by CDFW and the USFWS onto the COSA, upon advance notice to the Permittee and accompa - nied by a Bishop Paiute Tribal representative, for purposes related to this Agreement, including the following: translocation and establishment of the Owens pupfish; maintenance of Owens pupfish habitat; eradication of non–native predatory spe - cies; surveys and monitoring; implementation of the Management Activities in

Part 6.0 of the fed- eral SHA; and capture and relocation of Owens pupfish. 4) The Permittee will verbally notify CDFW and the USFWS within five business days if any Bishop Paiute Tribal member or employee observes the following: a substantial and unplanned change in any water depth in a pond(

s) occupied by Owens pupfish, a failure in the water supply or drainage system that would affect a pond(

s) occupied by Owens pupfish, signs of water pollution, or an un- usual mortality event of Owens pupfish.

The noti- fication will include the date, time, location, cause if known, and any other pertinent information. 5) If an unusual mortality event of Owens pupfish is observed, the Permittee will provide an email message or written report to the USFWS and CDFW, containing the detail from the verbal no - tification and, if possible, a photograph(s), within 3 weeks of its finding. 6) The Permittee will provide CDFW and the US - FWS with an annual report, due June 1 of each year, covering activities during the previous year.

The report will describe any translocation and es- tablishment activities, any habitat restoration ac - tivities, any substantial change in condition of the population and/or its habitat, any observations of by the Permittee, and any incidental take of that has occurred. Funding Funding was provided by the federal Bureau of Reclamation to evaluate the potential of the area for

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 523 the creation of a native fish refuge and to repair the subsurface drainage system on the property. Funding was provided for repairing and installing water lines, designing and constructing ponds for native fish, in - stalling interpretative signs and kiosks, and construct- ing up to 3,000 feet (914.4 meters) of walking trails to connect the site with the Tribal Cultural Center and off–reservation public schools.

The Permittee has committed to the responsibility of securing and en - suring sufficient funding to carry out the management and monitoring actions described in the federal SHA. Incidental Take Authorization Pursuant to Fish and Game Code

section 2089.22(a), if a federal SHA is approved pursuant to applicable provisions of federal law and the federal SHA includes species that are both federally and state listed, no fur - ther approval under the California State Safe Harbor Agreement Program Act (Fish & Game Code, § 2089.2 et seq.) is required for incidental take of those species provided the permittee implements the Project and fu- ture land and water use and management practices as described in the approved federal SHA and CDFW de- termines the federal SHA is consistent with applicable criteria.

Additionally, the Permittee must adhere to all measures contained in the approved federal SHA. If there are any substantive changes or amendments to the federal SHA the permittee shall be required to obtain a new consistency determination from CDFW (see generally Fish & Game Code, §§ 2081.1, 2081, subdivisions (

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

section 2089.22(

a) to take species identified in the federal SHA shall termi - nate immediately upon the expiration or termination of the federal SHA. DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR LAGUNITAS CREEK WATERSHED ENHANCEMENT PROJECT 2080–2024–007–03 (

R) MARIN COUNTY, CA The California Department of Fish and Wildlife (CDFW) received a notice on April 18, 2024, that Marin Municipal Water District proposes to rely on a consultation between federal agencies to carry out a project that may adversely affect a species protect - ed by the California Endangered Species Act (CESA). The proposed project involves restoration activities at eight sites within the Lagunitas Creek watershed to improve adult spawning and juvenile rearing habitat for coho salmon.

Proposed activities will include, but are not limited to, creating Riffle–pool–wood struc - tures by adding large wood, boulders, and gravel in - stream, arranging wood to increase trapping, sorting, and storage of gravel, and adding gravel of suitable sizes for spawning. The Project is located in the mid - dle of the Lagunitas Creek watershed in west Marin County. The National Marine Fisheries Service issued a fed- eral programmatic biological opinion (PBO) (NMFS Ref. Number WCR–2015–3755) in a memorandum to the National Oceanic and Atmospheric Adminis - tration Restoration Center (NOAA RC) and the U.S.

Army Corps of Engineers on June 4, 2016, which con- sidered the effects of the eligible restoration projects on multiple federally listed species. On October 13, 2023, Marin Municipal Water District applied to NOAA RC for inclusion of the proposed project under the PBO for state and federally endangered Central Califor - nia Coast coho salmon ( Oncorhynchus kisutch ). On March 7, 2024, NOAA RC determined that the project fits within the scope of the PBO. Additionally, the U.S. Fish and Wildlife Service (Service) issued a federal programmatic and confer - ence biological opinion (PCBO) (Service Ref.

Num - ber 2022–0005149–S7) in a memorandum to the U.S. Army Corps of Engineers on August 31, 2022, which considered the effects of the eligible restoration proj - ects on multiple federally listed species. On December 8, 2023, Marin Municipal Water District applied to USFWS for inclusion of the project under the PCBO for state and federally endangered California freshwa- ter shrimp (Syncaris pacifica) and the state and feder- ally threatened Northern spotted owl ( Strix occiden - talis caurina). On April 4, 2024, USFWS determined that the project fits within the scope of the PCBO.

On April 18, 2024, Marin Municipal Water District up - dated and resubmitted their application to USFWS for inclusion of the project under the PCBO for state and federally endangered California freshwater shrimp (Syncaris pacifica). On April 18, 2024, USFWS de - termined that the project fits within the scope of the PCBO. This new application and PCBO supersedes the previous application. Pursuant to California Fish and Game Code

section 2080.1, Marin Municipal Water District is requesting a determination that the Incidental Take Statements (ITSs) along with the associated PBO and PCBO, project–specific applications and project–specific ap - provals are consistent with CESA for purposes of the proposed project. If CDFW determines the ITSs along with the associated PBO and PCBO, project–specific applications and project–specific approvals are consis- tent with CESA for the proposed project, Marin Mu - nicipal Water District will not be required to obtain

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 524 an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project.

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.

State Water Resources Control Board File # 2024–0409–01 Fiscal Year 2023–24 Sustainable Groundwater Man- agement Act (SGMA) Fees This emergency rulemaking action amends the vol - umetric portion of the annual filing fee associated with certain groundwater extraction reporting required un - der the Sustainable Groundwater Management Act of 2014. Pursuant to Water Code

section 1530, these emergency regulations shall remain in effect until re - vised by the State Water Resources Control Board. Title 23 Amend: 1040 Filed 04/17/2024 Effective 04/17/2024 Agency Contact: Sarah Fong (916) 341–5129 Fish and Game Commission File # 2024–0326–01 Inyo Rock Daisy This action adds Perityle inyoensis synonym Laphamia inyoensis (Inyo rock daisy) to the list of California native plants declared to be threat - ened. This action is exempt from the Administrative Procedure Act pursuant to Fish and Game Code sec - tion 2075.5(e).

Title 14 Amend: 670.2 Filed 04/24/2024 Effective 04/24/2024 Agency Contact: Jennifer Bacon (916) 902–9285 California Victim Compensation Board File # 2024–0306–03 Indemnification of Victims of Crime This regular rulemaking action by the California Victim Compensation Board amends sections 649.7, 649.15, 649.16, 649.18, 649.19, 649.24, 649.28 and 649.50 of Title 2 of the California Code of Regulations regarding indemnification of victims of crime.

Title 02 Amend: 649.7, 649.15, 649.16, 649.18, 649.19, 649.24, 649.28, 649.50 Filed 04/17/2024 Effective 07/01/2024 Agency Contact: Neil Ennes (916) 491–3728 Commission on Peace Officer Standards and Training File # 2024–0318–01 Definition of Serious Misconduct In this rulemaking action, the Commission on Peace Officer Standards and Training clarifies what it means to demonstrate bias.

Title 11 Amend: 1205 Filed 04/18/2024 Effective 04/18/2024 Agency Contact: Michelle Weiler (916) 227–4870 Department of Corrections and Rehabilitation File # 2024–0319–01 Visiting In this regular rulemaking, the Department of Corrections and Rehabilitation is amending regu - lations regarding searching and inspecting visitors, standards of dress for visitors, and denying a visitor access to an institution or facility.

Title 15 Amend: 3173.2, 3174, 3176 Filed 04/22/2024 Effective 04/22/2024 Agency Contact: Sarah Pollock (916) 445–2308 Department of Motor Vehicles File # 2024–0311–04 Governmental Entity Requester Codes This action by the Department of Motor Vehicles (“Department”) repeals incorporated Form INF 1130 (12/90), titled “Information Services Program Governmental Requester Account Application”; adopts and incorporates by reference Form INF 1130 (Rev. 4/2023), titled “Government Requester Account Application,” and Form INF 1130 A (Rev. 12/2023), titled “Government Requester Account Application for California Courts, Tax Collectors, and Parking/

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 18–Z 525 Toll Agencies”; and requires that Form INF 1130 (Rev. 4/2023) and Form INF 1130 A (Rev. 12/2023) be sub- mitted to the Department electronically through the Department’s online portal.

Title 13 Amend: 350.06 Filed 04/23/2024 Effective 07/01/2024 Agency Contact: Randi Calkins (916) 282–7294 Fish and Game Commission File # 2024–0402–01 Recreational Fishing for Federal Groundfish in 2024 This action amends state recreational fishing regula- tions including seasons, depth limits, and the Rockfish Conservation Area boundaries, as well as bag limits for all Groundfish Management Areas.

Title 14 Amend: 27.20, 27.25, 27.30, 27.35, 27.40, 27.45, 27.50, 28.27, 28.28, 28.29, 28.47, 28.48, 28.49, 28.54, 28.55, 28.56 Filed 04/19/2024 Effective 04/19/2024 Agency Contact: Sherrie Fonbuena (916) 902–9284 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter.

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