Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 29–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JULY 19, 2024 PROPOSED ACTION ON REGULATIONS TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Fruit Fly Interior Quarantine — Notice File Number Z2024–0708–01 ...................................... 897 TITLE 5. DEPARTMENT OF EDUCATION Conflict–of–Interest Code — Notice File Number Z2024–0709–01 ......................................... 899 TITLE 10.

CALIFORNIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) ACT BOARD Modifications to CalABLE Program Regulations — Notice File Number Z2024–0709–05 ....................... 900 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Definitions Related to Peace Officer Certificates — Notice File Number Z2024–0703–01 ....................... 905 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Reception Center Health Care — Notice File Number Z2024–0627–01 ..................................... 907 TITLE 16. BOARD OF OPTOMETRY Home Residence Permit — Notice File Number Z2024–0708–02 .......................................... 909 TITLE 21.

DEPARTMENT OF TRANSPORTATION — DIVISION OF AERONAUTICS Airport Grant Eligibility Regulation Update — Notice File Number Z2024–0709–04 .......................... 914 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Middle Creek Coho Enhancement Project (Phase 1), 1653–2024–140–001–R1, Siskiyou County ................................................... 916 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Scott River Watershed Process Based Restoration Repair & Maintenance Project, 1653–2024–141–001–R1, Siskiyou County .......................................... 916 (Continued on next page)

DEPARTMENT OF FISH AND WILDLIFE Proposed Research on Fully Protected Species Research on California Black Rail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 917 DEPARTMENT OF FISH AND WILDLIFE Proposed Research on Fully Protected Species Monitoring and Research at California Least Tern Nesting Colonies ............................................................................. 918 DEPARTMENT OF FISH AND WILDLIFE Proposed Research on Fully Protected Species Monitoring and Research at California Least Tern Nesting Colonies ............................................................................. 918

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 919 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 29–Z 897 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE FRUIT FLY INTERIOR QUARANTINE The Department of Food and Agriculture (Department) proposes to amend Title 3 of the California Code of Regulations (CCR) 3406 Mediterranean Fruit Fly Interior Quarantine, 3417 Mexican Fruit Fly Interior Quarantine, 3423 Oriental Fruit Fly Interior Quarantine, 3424 Bactrocera zo - nata Interior Quarantine, 3441 Bactrocera correcta Interior Quarantine, 3442 Malaysian Fruit Fly Interior Quarantine, 3444 Zeugodacus tau Fruit Fly Interior Quarantine, and 3445 Queensland Fruit Fly Interior Quarantine. PUBLIC HEARING A public hearing is not scheduled.

However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a writ - ten request for a public hearing to the Department no later than 15 days prior to the close of the written com- ment period. WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email. The writ - ten comment period closes on September, 3, 2024.

The Department will consider only comments received at the Department offices by that date or postmarked no later than September, 3, 2024. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street, Sacramento, CA 95814 (916) 403–6650 Permits@cdfa.ca.gov Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Rachel Avila at (916) 698– 2947 or rachel.avila@cdfa.ca.gov.

Unless there are substantial changes to the proposed regulations prior to amendment, the Department may adopt the proposal as set forth in this notice without further notice to the public. Following the public hear- ing, if one is requested, or following the written com - ment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth without further notice.

AUTHORITY The Department proposes to amend Sections 3406, 3417, 3423, 3424, 3441, 3442, 3444, and 3445 pursu - ant to the authority vested by Sections 407, 5301, 5302, and 5322 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 5301, 5302, and 5322 of the FAC.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of amending the CCR Sections 3406 Mediterranean Fruit Fly Interior Quarantine, 3417 Mexican Fruit Fly Interior Quarantine, 3423 Oriental Fruit Fly Interior Quarantine, 3424 Bactrocera zonata Interior Quarantine, 3441 Bactrocera cor - recta Interior Quarantine, 3442 Malaysian Fruit Fly Interior Quarantine, 3444 Zeugodacus tau Fruit Fly Interior Quarantine, and 3445 Queensland Fruit Fly Interior Quarantine is to correct quarantine language, which currently does not accurately describe how the Department will respond when a single fly is more than 3 miles from any of the other finds or within one life cycle.

In this situation, the find will only expand delimitation trapping and not extend the quarantine or be considered a satellite infestation. EXISTING LAWS AND REGULATIONS Existing law, FAC

Section 401.5, states that the de- partment shall seek to protect the general welfare and economy of the state and seek to maintain the eco - nomic well–being of agriculturally dependent rural communities in this state. Existing law, FAC

Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 898 that the Secretary is directed or authorized to admin - ister or enforce. Existing law, FAC

Section 5301, provides that the Secretary may establish, maintain, and enforce such quarantine regulations as they deem necessary to pro - tect the agricultural industry of this state from pests. The regulations may establish a quarantine at the boundaries of this state or elsewhere within the state. Existing law, FAC

Section 5302, provides that the Secretary may make and enforce such regulations as they deem necessary to prevent any plant or thing which is, or is liable to be, infested or infected by, or which might act as a carrier of, any pest, from passing over any quarantine line which is established and pro- claimed pursuant to this division. Existing law, FAC

Section 5322, provides that the Secretary may establish, maintain, and enforce quar - antine, eradication, and such other regulations as are in their opinion necessary to circumscribe and exter - minate or prevent the spread of any pest that is de - scribed in FAC

Section 5321. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT The implementation of these regulations will help prevent potential issues when future pest finds occur within a quarantine area.

The Department following USDA guidelines will help prevent the spread of pests within California, which will prevent: ● direct damage to the agricultural industry grow - ing host fruits ● indirect damage to the agricultural industry growing host fruits due to the implementation of quarantines by other countries and loss of export markets ● increased production costs to the affected agricul- tural industries ● increased pesticide use by the affected agricultur- al industries ● increased costs to the consumers of host fruits ● increased pesticide use by homeowners and others ● the need to implement a State interior quarantine ● the need to implement a federal domestic quarantine There are no existing, comparable federal regula - tions or statute.

There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code

Section 11346.5(a) (3) (D), the Department has conducted an evaluation of Sections 3406, 3417, 3423, 3424, 3441, 3442, 3444, and 3445 and has determined that they are not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the California Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: 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 agency is not aware of any cost impacts that a representative person or business would neces - sarily incur in reasonable compliance with the pro - posed action.

Significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential. The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None.

Small business determination: The proposed action will not affect small business because compliance ac - tivities are currently being performed by existing staff throughout quarantine areas within the state without any impact on small business. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no non- discretionary costs or savings to local agencies or school districts.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 899 RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the amendmetn of Sections 3406, 3417, 3423, 3424, 3441, 3442, 3444, and 3445 (1) will have no significant impact on the cre- ation or elimination of jobs in the state of California, (2) will have no impact on the creation or elimination of businesses within the state of California, (3) will have no impact on the expansion of businesses with - in the state of California, (4) is expected to benefit the health and welfare of California residents, (5) is ex - pected to benefit the state’s environment, and (6) is not expected to harm or benefit workers’ safety.

The health and welfare of California residents: The proposed action will benefit the health and welfare of California residents as taking the correct action when a pest is found lowers the risk that the pests could spread into the local environment via the surround - ing non–agricultural ecosystems. Infestations lead to increased costs to the consumers of host materials and increased pesticide usage.

The state’s environment: The proposed action will benefit the environment as taking the correct action when a pest is found lowers the risk that the pests could spread into the local environment via the sur - rounding non–agricultural ecosystems.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to pres - ent alternatives during the written comment period.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail - able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request.

The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the pub - lic for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 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 the agency officer named herein. TITLE 5. DEPARTMENT OF EDUCATION NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Department of Education, pursuant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on July 19, 2024, and closing on September 3, 2024, inclusive. All inquiries should be directed to the con - tact listed below. The California Department of Education proposes to amend its conflict–of–interest code to include em - ployee positions that involve the making or partici - pation in the making of decisions that may foresee - ably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include:

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 900 ● Reordering of classifications to maintain alpha - betical listing. ● Addition of new classifications previously not covered by the Conflict–of–Interest Code includ- ing, but not limited to, Labor Relations Manager II, Labor Relations Specialist, Nurse Consultant III (Specialist) and Senior Legal Analyst. ● Removal of classifications no longer used by the California Department of Education, including, but not limited to, Labor Relations Officer, Senior Architect, and Supervising Field Representative. ● Addition of disclosure categories to the State Special Schools Staff Service Manager (SSM) classification.

Since this classification super - vises the Staff Services Analyst and Associate Governmental Program Analyst (which were both added in this amendment), the SSM should also have the same disclosure categories. Information on the code amendment is available on the agency’s internet site and/or attached to this email. Any interested person may submit written com - ments relating to the proposed amendment by sub - mitting them no later than September 3, 2024, or at the conclusion of the public hearing, if requested, whichever comes later. At this time, no public hear - ing is scheduled.

A person may request a hearing no later than August 19, 2024, by sending an email to regcomments@cde.ca.gov. Written comments may be submitted via U.S. mail, fax, or email to: Lorie Adame California Department of Education 1430 N Street, Suite 5319 Sacramento, CA 95814 Fax: 916–322–2549 Email: regcomments@cde.ca.gov The California Department of Education has deter - mined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses, or small businesses. All inquiries concerning this proposed amendment, including a request for a public hearing, and any com- munication required by this notice should be direct - ed to: Lorie Adame, Regulations Coordinator, by tele- phone at 916–319–0860, or email at regcomments@ cde.ca.gov. TITLE 10.

CALIFORNIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) ACT BOARD ABLE PROGRAM TRUST NOTICE IS HEREBY GIVEN that the California ABLE Act Board (“Board” or “CalABLE”) proposes to adopt the regulations described below after consid - ering all comments, objections, or recommendations regarding the proposed action. Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulato - ry action to the attention of the Contact Person as list- ed in this Notice no later than Tuesday, September 3, 2024.

CalABLE, upon its own motion or at the request of any interested party, may thereafter adopt the pro - posed substantially as described below or may modi - fy such proposals if such modifications are sufficiently related to the original text. PROPOSED REGULATORY ACTION The Board proposes to amendments to Sections 9000, 9001, 9003, 9004, 9005 and 9006 of the California Code of Regulations (“regulations”) as permanent regulations. The regulations implement the Board’s responsibilities related to the California ABLE Program Trust (“Program” or “Trust”). AUTHORITY AND REFERENCE Authority:

Section 4882, Welfare and Institutions Code.

Section 4882 (

a) allows the Board to adopt reg- ulations in order to administer the Program. Reference:

Section 4875, Welfare and Institutions Code;

Section 529A, Internal Revenue Code ; Pub. L. 113–295, division B, title I, § 103; Sections 1.529A–0 through 1.529A–8 also issued under 26 United States Code 529A(g), 26 Code of Federal Regulations

Section

Part 1, Appendix 1 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Legislature enacted and the Governor signed Senate Bill (SB) 324 (Chapter 796, Statutes of 2015) and Assembly Bill (AB) 449 (Chapter 774, Statutes of 2015), which authorized the Board to develop and implement the Program, which is a financial savings

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 901 tool for qualified people with disabilities as defined in

Section 529A of the Internal Revenue Code. The Board is authorized under Welfare and Institutions Code

section 4882 to adopt regulations as it deems necessary to implement the Program consis - tent with

Section 529A of the Internal Revenue Code and federal regulations issued pursuant to that code to ensure that the Program meets all criteria for federal tax–exempt benefits. These regulations, in part, provide the framework to allow eligible individuals to save and maintain their funds in the Trust while continuing to receive public means–tested benefits. Prior to the California ABLE Act, eligible individuals were subject to asset limits in order to continue receiving public means–tested ben - efits. Eligible individuals could only have $2,000 in assets before their Supplemental Security Income was impacted.

With the ABLE Act, they can now contrib - ute up to $18,000 per year and have up to $100,000 in their ABLE accounts and still maintain eligibility for public means–tested benefits such as Supplemental Security Income and Medi–Cal. The following rulemaking proposal includes add - ing or removing text from the regulations as it per - tains to the following sections:

definitions; limitations on contributions; change of designated beneficiary, program–to–program transfers, and rollovers; quali - fied distributions; and rollover distributions which are related to the administration of the Program. The Board anticipates the proposed regulations will benefit qualified people with disabilities through the implementation and administration of the Program. The proposed regulations are compatible and con - sistent with the intent of the Legislature in adopting Welfare and Institutions Code

section 4875 et seq.

SUMMARY OF PROPOSED REGULATIONS

Section 9000 — The purpose of modifying this

section is to add the

definitions in Title 26 of Federal Regulations sections 1.529A–0 through 1.529A–8 to the existing

definitions for Title 10,

Chapter 14,

Article 1. 2. NOTE: Authority and Reference Citations — This is a non–substantive change to update the Reference citations to include Pub. L. 113–295, division B, title I, § 103 and Sections 1.529A–0 through 1.529A–8 also issued under 26 United States Code 529A(g), 26 Code of Federal Regula- tions

Section

Part 1, Appendix 1. 3. Deletion of Existing

Section 9000 — The pur - pose of repealing the current language is to add the

definitions in Title 26 of Federal Regulations sections 1.529A–0 through 1.529A–8 to the ex - isting

definitions for Title 10,

Chapter 14, Arti - cle 1, and correct the sentence structure with the addition.

Section 9001(c) — The purpose of this

section is to conform the definition of “Authorized Legal Representative” with the description of this role found in Title 26 of Federal Regulations

section 1.529A–2(1) (i) (B)–(C). 5. Deletion of Existing

Section 9001(c) — The purpose of repealing the current language in this

section is to remove a definition for “Authorized Legal Representative” that conflicts with Federal Regulations. 6. Deletion of Existing

Section 9001(d) — The purpose of repealing the definition “Cash” is that this term is not used within the regulations. 7. Deletion of Existing

Section 9001(e) — The pur- pose of repealing the definition “Contribution” is that it is defined in Title 26 of Federal Regulations

section 1.529A–1(b) (2).

Section 9001(d) — The purpose of this

section is to define “CFR.” 9. Deletion of Existing

Section 9001(f) — The purpose of repealing the definition “Distribution” is that it is defined in Title 26 of Federal Regula - tions

section 1.529A–1(b) (5). 10. Deletion of Existing

Section 9001(g) — The purpose of repealing the definition “Earnings” is that it is defined in Title 26 of Federal Regulations

section 1.529A–1(b) (6).

Section 9001(e) — The purpose of amending this

section is to clarify the definition of “IRC” refers to the Internal Revenue Code of 1986 and that amendments to the Internal Revenue Code also apply.

Section 9001(f) — The purpose of amending this

section is to use terms that are defined within the definition of a “Nonqualified Distribution.” Terms such as “disbursement” and “rollover” do not have a corresponding definition within the reg - ulations. The amended definition for “Nonquali - fied Distribution” uses the terms “Distribution” and “Rollover” which are included in

Section 9000 with the addition of Title 26 of Federal Reg- ulations sections 1.529A–0 through 1.529A–8. 13. Deletion of Existing

Section 9001(i) — The pur- pose of repealing the current language in this sec- tion is to remove a definition for “Nonqualified Distribution” that contains terms that are not de - fined such as “disbursement” and “rollover.”

Section 9001(g) — The purpose of amending this

section is to update the definition for “Pro - gram Administrator” to the entity that provides program administrative services for the Board.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 902 15. Deletion of Existing

Section 9001(j) — The pur- pose of repealing the current language in this sec- tion is to remove a definition for “Program Ad - ministrator” that is no longer accurate with the Program launch in December 2018. 16. Deletion of Existing

Section 9001(k) — The purpose of repealing the definition “Secretary” is that this term is not used within the regulations.

Section 9001(h) — The purpose of this

section is to define “Sibling.”

Section 9001(i) — This is a non–substantive change to correct the

Section number due to the deletion of the prior existing sections.

Section 9001(j) — The purpose of this

section is to define “Tax Regulations.”

Section 9003 — The purpose of this

section is to conform the regulations with IRC

section 529A and federal Tax Regulations, and to ensure that the Program will still be a qualified ABLE Pro - gram in the event of any changes in how limita - tions on contributions are defined. 21. Deletion of Existing

Section 9003(a) — The purpose of repealing this

section is to ensure that if the annual contribution limit were to ever be changed from the federal gift tax exclusion lim - it, the Program will comply with the IRC

section 529A and federal Tax Regulations. 22. Deletion of Existing

Section 9003(b) — The purpose of repealing this

section is to ensure that if changes were made regarding maximum ac - count balances at the federal level, the Program will comply with the IRC

section 529A and fed - eral Tax Regulations. 23. Deletion of Existing

Section 9003(c) — The purpose of repealing this

section is that there are exceptions to the annual contribution limit, mak - ing this

section inaccurate. 24. Deletion of Existing

Section 9003(d) — The purpose of repealing this

section is that there are exceptions to the annual contribution limit, mak - ing this

section inaccurate.

Section 9004 — This is a non–substantive change to correct the

Section title.

Section 9004(a) — The purpose of this

section is to conform the regulations to IRC

section 529A and federal Tax Regulations by specifying that both Program–to–Program Transfers and Roll - overs are possible, and that Program–to–Program Transfers and Rollovers to non–siblings are not permitted. It also adds that roll over funds from an existing IRC

section 529 account are possible as long as it is allowed by IRC

section 529 and federal Tax Regulations, a provision that is cur - rently scheduled to sunset at the end of 2025.

Section 9004(b) — The purpose of this

section is to describe a change of Designated Beneficiary that is effective upon death. 28. Deletion of Existing

Section 9004(a) — The purpose of repealing this

section is that

section 9004(

a) will cover a change of Designated Ben - eficiary, along with Program–to–Program Trans - fers and Rollovers. 29. Deletion of Existing

Section 9004(b) — The purpose of repealing this

section is that

section 9004(

a) will cover Rollovers, along with a change of Designated Beneficiary and Program–to– Program Transfers.

Section 9005(a) — The purpose of this

section is to describe that a qualified distribution in - cludes both a distribution that is used to pay for the Qualified Disability Expenses of an Account Owner and a Rollover.

Section 9005(b) — The purpose of this

section is to describe that a nonqualified distribution is any distribution that is not used to pay for a Quali - fied Disability Expense or a Rollover. This sec - tion also describes the potential consequences of a nonqualified distribution. 32. Deletion of Existing

Section 9005(a) — The purpose of repealing the existing language in

Section 9005(

a) is that it only included Qualified Disability Expenses as a qualified distribution when a Rollover also qualifies. Additionally, Ac- count Owners may use the Account for nonquali- fied distributions; however, there may be poten - tial consequences which are described in

Section 9005(b). 33. Deletion of Existing

Section 9005(b) — The purpose of repealing the existing language in

Section 9005(

b) is to simplify the description of a Rollover which is now defined in

Section 9000 with the addition of Title 26 of Federal Regula - tions

section 1.529A–0 through 1.529A–8. 34. Deletion of Existing

Section 9006. — The pur - pose of repealing this entire

section is that there are multiple types of rollovers allowed with dif - ferences depending on whether the rollover is done for the same Account Owner, a Sibling, or from an existing IRC

section 529 account.

Section 9006. — Non–substantive change to cor- rect

Section number due to the deletion of exist - ing

section 9006.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 903 CITATIONS FOR PROPOSED REGULATIONS MANDATED BY FEDERAL LAWS OR FEDERAL REGULATIONS Proposed regulation Sections 9000, 9001, 9003, 9004, 9005 and 9006 references sections,

Section 529A, Internal Revenue Code ; Pub. L. 113–295, di - vision B, title I, § 103; Sections 1.529A–0 through 1.529A–8 also issued under 26 United States Code 529A(g), 26 Code of Federal Regulations

Section

Part 1, Appendix 1 The full text of the federal regulations referenced above are found in

Section 529A, Internal Revenue Code; Pub. L. 113–295, division B, title I, § 103; Sections 1.529A–0 through 1.529A–8 also issued under 26 United States Code 529A(g), which is available online at https://uscode.house.gov/view.xhtml?reg=granuleid: USC–prelim–title26–section529A&num=0&edition= prelim. The full text of the federal regulations referenced above are found in 26 Code of Federal Regulations

Section

Part 1, Appendix 1, which is available online at https://www.treasurer.ca.gov/able/2020–22144.pdf. EVALUATION OF INCONSISTENCY AND INCOMPATIBILITY CalABLE performed a search in the California Code of Regulations and the proposed regulations are neither inconsistent nor incompatible with existing regulation. OTHER MATTERS PRESCRIBED BY STATUTES APPLICABLE TO THE SPECIFIC STATE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS No other matters prescribed by statute are applica - ble to the Board or to any specific regulation or class of regulations pursuant to

Section 11346.5(a)(4) of the California Government Code pertaining to the pro - posed regulations or the Board. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Board has determined the proposed regulations do not impose a mandate on local agencies or school districts. FISCAL IMPACT The Board has determined that the adoption of the proposed regulations do not impose any additional cost or savings to any state agency, any costs to any lo- cal agency or school district requiring reimbursement pursuant to Gov. Code

section 17500 et seq., any other non–discretionary cost or savings to any local agency, or any cost or savings in federal funding to the State. INITIAL DETERMINATION REGARDING ANY SIGNIFICANT, STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS The Board has made an initial determination that the proposed regulations will not have any significant, statewide adverse economic impact directly affecting businesses, including the ability of California busi - nesses to compete with businesses in other states.

EFFECT ON SMALL BUSINESSES The Board has determined that the adoption of the proposed regulations will not affect small businesses. Small businesses will not be enrolled in the program. As such, they will not be impacted by the proposed regulations. RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Assessment of Effect on Jobs and Business Expansion, Elimination or Creation Adoption of these proposed regulations will not cre- ate or eliminate jobs within California, nor create new businesses or eliminate existing businesses within California.

The proposed regulations could likely im - pact the expansion of businesses currently doing busi- ness within the State of California. Assessment of Effect to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment As stated above, the proposed regulations will ben - efit the health and welfare of California residents, spe- cifically, qualified individuals with disabilities who will use this program for their financial betterment. The Board does not expect that the regulations will af- fect worker safety or the state’s environment.

COST IMPACTS ON A REPRESENTATIVE PRIVATE PERSON OR BUSINESS. The Board 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 904 COST IMPACT ON HOUSING The proposed regulations will not have any effect on housing costs. CONSIDERATION OF REASONABLE ALTERNATIVES In accordance with Government Code

section 11346.5(a) (13), the Board must determine that no rea- sonable alternative to the regulations considered by the Board or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the reg- ulations are proposed or would be as effective and less burdensome to affected private persons than the reg - ulations, or would be more cost–effective to affected private persons and equally effective in implement - ing the statutory policy or other provision of law.

The Board invites interested persons to present statements with respect to alternatives to the proposed regula - tions during the written comment period. The Board does not believe that a reasonable alternative exists outside the amendments made here to the regulations to aid in streamlining changes so that the Program is consistent with federal authority and where the pro - posed changes seek to promote clarity of the Program for the benefit of the public at–large.

AGENCY CONTACT PERSONS Written comments, inquiries, and any questions regarding the substance of the proposed regulations shall be submitted or directed to: Thomas Martin, Executive Director California ABLE Act Board 901 P Street, Suite 413 Sacramento, CA 95814 Telephone: (916) 653–1728 Email: thomas.martin@treasurer.ca.gov The following person is designated as a backup con- tact person for inquiries only regarding the proposed regulations: Madeline Handy California ABLE Act Board 901 P Street, Suite 413 Sacramento, CA 95814 Telephone: (916–653–1728) Email: madeline.handy@treasurer.ca.gov WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulations to CalABLE.

The written com - ment period on the proposed regulations will end on Tuesday, September 3, 2024. All comments to be con- sidered by CalABLE must be submitted in writing to the Agency Contact Person identified in this Notice by that time. AVAILABILITY OF INITIAL STATEMENT OF REASONS, FINAL STATEMENT OF REASONS, RULEMAKING FILE AND EXPRESS TERMS OF PROPOSED REGULATIONS The Board has established a rulemaking file for this regulatory action, which contains those items re - quired by law.

The file is available for inspection at the Board’s office at 901 P Street, Suite 413, Sacramento, California, during normal business hours. As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the Initial Statement of Reasons, and the proposed text of the reg- ulations. Copies of these items are available upon re - quest, from the Agency Contact Person designated in this Notice.

The Sacramento address will also be the location for inspection of the rulemaking file and any other public records, including reports, documentation and other materials related to this proposed regulatory action. In addition, the rulemaking file, including the Initial Statement of Reasons, and Final Statement of Reasons and the proposed text, may be viewed on the website at https://www.treasurer.ca.gov/able/. PUBLIC HEARING No public hearing regarding the proposed regula - tions has been scheduled. Anyone wishing a pub - lic hearing must submit a request in writing, pursu - ant to

Section 11346.8 of the Government Code, to CalABLE at least 15 days before the end of the written comment period.

Such request should be addressed to the Agency Contact Person identified in this Notice and should specify the proposed regulations for which the hearing is being requested. 15–DAY AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing, if one is held, and considering all timely and relevant comments re - ceived, the Board may adopt the proposed regulations substantially as described in this Notice or may mod - ify the proposed regulations if the modifications are sufficiently related to the original text.

With the ex - ception of technical or grammatical changes, the full text of any modified regulation will be available for 15 days prior to its adoption from the Executive Director and will be mailed to those persons who submit writ -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 905 ten comments related to this regulation, or who pro - vide oral testimony at the public hearing, or who have requested notification of any changes to the proposed regulations.

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Unruh Civil Rights Act, any individual with a disability who requires reasonable accommodation to attend or par - ticipate in a public hearing on proposed regulations, may request assistance by contacting Thomas Martin, Executive Director, California ABLE Act Board, 901 P Street, Suite 413, Sacramento, CA, 95814; telephone, (916) 653–1728. It is recommended that assistance be requested at least two weeks prior to the hearing. TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING COMMISSION REGULATION 1201 —

DEFINITIONS RELATED TO PEACE OFFICER CERTIFICATION Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described be - low in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC) sec - tion 11346.8, any interested person, or their duly au - thorized representative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period.

Public Comments Due by September 3, 2024. Notice is also given that any interested person, or authorized representative, may submit written com - ment(

s) relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Katelynn Poulos, katelynn.poulos@post.ca.gov, or by letter to: Commission on POST Attention: Katelynn Poulos 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

section 13503 (authority of POST), PC § 13506 (POST authority to adopt regu- lations). This proposal is intended to interpret, imple - ment, and make specific PC § 13503(e), which autho- rizes POST to develop and implement programs to in- crease the effectiveness of law enforcement, including programs involving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 30, 2021, Governor Newsom signed Senate Bill (SB) 2 (2021). SB 2 (2021) made significant changes to existing Government and Penal Codes, re - spectively.

These changes provide for additional peace officer eligibility requirements. SB 2 (2021) also grants POST the authority to certify all peace officers in California, and subsequently take action against those certifications, should POST determine serious mis - conduct occurred. While the peace officer eligibility requirements went into effect on January 1, 2022, the remaining changes to Government and Penal Codes went into effect on January 1, 2023. POST continues to review and update processes and regulatory actions in response to the implementation of SB 2 (2021).

This rulemaking action clarifies and makes specif - ic the definition of terms related to peace officer cer - tification. The regulatory amendment proposed in this rulemaking action will provide additional clarity by providing

definitions for additional terms related to peace officer certification: “Accusation,” “Cancelled Appointment,” “Cancelled Certificate,” “Condition - al Certification,” “Default revocation,” “Denied Ap - pointment,” “Denied Certificate Application,” “Re - voked,” and “Stipulated Settlement.” Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will provide clarity by de - fining additional terms related to peace officer certi - fication. This will increase the efficiency of the state of California in delivering services to stakeholders.

Thus, law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare in the state. The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex - isting regulations.

After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state. FORMS INCORPORATED BY REFERENCE There are no forms incorporated by reference.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 906 DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with GC §§ 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None.

Cost impacts on a representative private persons or business: POST 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 California businesses: POST has de - termined that the proposed regulations will not have a significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None.

Small Business Determination: POST has deter - mined that the proposed regulations will not affect small businesses because the regulation addresses re - quirements that are currently in place as they relate to understanding the status or validity of a peace officer’s certification and/or appointment and only affect law enforcement agencies. Additionally, the Commission’s main function to establish and maintain training stan - dards for law enforcement has no financial effect on small businesses.

RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create or eliminate jobs in the state of California, (2) unlikely that the proposal will create or eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Overview, the benefits of the regulation will increase the efficiency of the state of California in delivering services to stakeholders by providing clarity to terms that reflect the status of peace officer certification. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with GC § 11346.5, subdivision (a) (13), POST must determine that no reasonable al - ternative it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro - posed, 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 per - sons and equally effective in implementing the statu - tory policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory ac - tion may be directed to Katelynn Poulos, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630 at (916) 227–4894. General questions regarding the regulatory pro - cess may be directed to Ashley Anderson at (916) 970–4635.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630. These documents are also lo - cated on the POST Website at https://post.ca.gov/ Regulatory–Actions.

ADOPTION OF PROPOSED REGULATIONS/ AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commission may adopt the proposal substantially as set forth without further notice, or the Commission may modify the proposal if such modifications re - main sufficiently related to the text as described in the Informative Digest.

If the Commission makes chang - es to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availabil - ity of such changes. A request for the modified text should be addressed to the agency official designat -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 907 ed in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available. AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is avail - able for public inspection by contacting the person(

s) named above. 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 and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION RECEPTION CENTER HEALTH CARE NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabilitation (CDCR), pursuant to the authority granted by Government Code (GC)

section 12838.5 and Penal Code (PC)

section 5055, and the rulemak - ing authority granted by PC

section 5058, propos - es to amend sections 3999.98, and 3999.305 of the California Code of Regulations (CCR), Title 15, Division 3,

Chapter 2, concerning Reception Center health care. PUBLIC HEARING A virtual public hearing will be held on September 4, 2024. Go to https://cchcs.ca.gov/health–care–regs/ for the link to join the virtual hearing, or you may call (916) 701–9994 and enter phone conference ID 230 594 355 009# to join by phone (audio only) between the hours of 1:30 p.m. and 2:00 p.m. on September 4, 2024. PUBLIC COMMENT PERIOD The public comment period will close on September 4, 2024, at 5:00 p.m. Any person may submit pub - lic comments in writing (by mail or email) regarding the proposed changes.

To be considered, comments must be submitted to California Correctional Health Care Services (CCHCS), Health Care Regulations and Policy Section, P.O. Box 588500, Elk Grove, CA, 95758, or by email to HealthCareRegulations@cdcr. ca.gov before the close of the comment period. CONTACT PERSON Please direct any inquiries regarding this action to: R. Hart Associate Director Risk Management Branch California Correctional Health Care Services P.O. Box 588500 Elk Grove, CA 95758 (916) 691–2922 A. Burrell Staff Services Manager II Health Care Regulations and Policy

Section California Correctional Health Care Services (916) 691–2921 AUTHORITY AND REFERENCE GC

section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obliga - tions, liabilities, and jurisdiction of abolished prede - cessor entities, such as: Department of Corrections, Department of the Youth Authority, and Board of Corrections. PC

section 5000 provides that commencing July 1, 2005, any reference to the Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC

section 5050 provides that commencing July 1, 2005, any reference to the Director of Corrections, in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, cus - tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

section 5058 authorizes the Director to pre - scribe and amend regulations for the administration of prisons. References cited pursuant to this regulatory action are as follows: Sections 4040(a) (2), 4076, 4170 and 4171(b), Business and Professions Code;

Section 1157, Evidence Code;

Section 11150 Health and Safety Code; Sections 3424 and 5054, Penal Code; Perez, et al. v. Cate, et al. (Number C05–05241 JSW), U.S. District Court, Northern District of California; and Plata v.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 908 Newsom (Number C01–1351 JST), U.S. District Court, Northern District of California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The CDCR proposes to amend sections 3999.98, and 3999.305 of the CCR, Title 15, Division 3,

Chapter 2, governing Reception Center health care. Current Title 15 regulations no longer align with numerous recent revisions to the Reception Center health care assess - ment process, which is part of the Reception Center initial intake process for each person newly commit - ted to the CDCR custody.

This action provides the following: ● That Reception Center initial health screenings are conducted or reviewed by a registered nurse when appropriate. ● That patients are provided with the option for more comprehensive screening tests as well as education about the screening tests. ● That staff are aware of procedures to follow when patients decline a screening test. ● Proper initial health screening of patients on Medication Assisted Treatment. ● Timely mental health screenings to newly com - mitted patients. ● Reception Center dental screenings for newly committed patients.

BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The Department anticipates the proposed regula - tions will benefit CDCR staff and the regulated public by helping to properly identify the health care needs of each person newly committed to the CDCR cus - tody; provide continuity of pharmaceutical care for Medication Assisted Treatment patients; help patients make informed decisions about screening tests; and standardize the documentation of declined screening tests. FORMS INCORPORATED BY REFERENCE Not applicable. EVALUATION OF CONSISTENCY/ COMPATIBILITY WITH EXISTING REGULATIONS Pursuant to GC

section 11346.5(a) (3) (D), the Department must evaluate whether the proposed reg - ulations are inconsistent or incompatible with exist - ing State regulations. Pursuant to this evaluation, the Department has determined these proposed regula - tions are not inconsistent or incompatible with any ex- isting regulations within CCR, Title 15, Division 3. LOCAL MANDATES The proposed regulatory action imposes no man - dates on local agencies or school districts, or a man - date which requires reimbursement pursuant to GC

section 17500 –17630. FISCAL IMPACT STATEMENT ● Cost or savings to any State agency: None. ● Cost to any local agency or school district that is required to be reimbursed: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None.

EFFECT ON HOUSING COSTS The Department has made an initial determination that the proposed action will have no significant effect on housing costs because the proposed regulations re- late strictly to the initial health screening of each per - son newly committed to the CDCR custody, which only affects staff and patients within CDCR.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has determined that the proposed action will not have a significant statewide adverse economic impact directly affecting businesses, in - cluding the ability of California businesses to compete with businesses in other states because the proposed action relates strictly to the initial health screening of each person newly committed to the CDCR custody, which only affects staff and patients within CDCR.

RESULTS OF ECONOMIC IMPACT ASSESSMENT The proposed regulations will benefit the health and welfare of California residents and worker safety by providing a comprehensive initial health screening (which includes a timely mental health screening) to persons newly committed to the CDCR custody. The initial health screening will facilitate access to care and continuity of care to patients within CDCR. The Department has determined that the proposed action will have no impact on the creation of new or the elimination of existing jobs or businesses within California or affect the expansion of businesses cur -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 909 rently doing business in California because the pro - posed action relates strictly to the initial health screen- ing of each person newly committed to the CDCR custody, which only affects staff and patients within CDCR. BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The proposed regulations will benefit the health and welfare of California residents and worker safety by providing a comprehensive initial health screening (which includes a timely mental health screening) to persons newly committed to the CDCR custody.

The initial health screening will facilitate access to care and continuity of care to patients within CDCR. COST IMPACTS ON REPRESENTATIVE 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.

The proposed action will align Title 15 regulations with recent revisions to the Reception Center health care assessment process, which is part of the Reception Center initial intake process for each person newly committed to the CDCR custody; which only affects incarcerated persons and staff within CDCR.

EFFECT ON SMALL BUSINESSES The Department has determined that the proposed regulations will have no significant adverse econom - ic impact on small businesses because the proposed action will align Title 15 regulations with recent revi - sions to the Reception Center health care assessment process, which is part of the Reception Center initial intake process for each person newly committed to the CDCR custody; which only affects incarcerated per - sons and staff within CDCR.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provisions of law.

The Department has made an initial determina - tion that the action will not have a significant adverse economic impact on business. Additionally, there has been no testimony, reasonable alternative, or other ev- idence provided that would alter the CDCR’s initial determination to proceed with this action. AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared, and will make avail - able, the proposed text and the Initial Statement of Reasons (ISOR) of the proposed regulatory action.

The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the contact per - son listed in this Notice. The proposed text, ISOR, and Notice of Proposed Action will also be made available on CCHCS’s website https://cchcs.ca.gov and CDCR institution law libraries. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final Statement of Reasons may be obtained from the con - tact person listed in this Notice.

AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed reg- ulations substantially as described in this Notice. If the Department makes modifications which are suf - ficiently related to the originally proposed text, it will make the modified text (with the changes clearly indi- cated) available to the public for at least 15 calendar days before the Department adopts the regulations as revised. Requests for copies of any modified regula - tion text should be directed to the contact person list - ed in this Notice.

The Department will accept written comments on the modified regulations for 15 calendar days after the date on which they are made available. TITLE 16. BOARD OF OPTOMETRY HOME RESIDENCE PERMITS ADOPT

SECTION 1507.5 AND AMEND

SECTION 1524 NOTICE IS HEREBY GIVEN that the California State Board of Optometry (Board) is proposing to take the action described in the Informative Digest below, after considering all comments, objections, and rec - ommendations regarding the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 910 PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a 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 prior to the close of the written comment period. A hear - ing may be requested by making such request in writ - ing addressed to the individuals listed under “Contact Person” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no later than by Tuesday, September 3, 2024, or must be received by the Board at the hearing, should one be scheduled.

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 137, 138, 3025, 3041, 3044, 3070.1, 3075, 3092, 3110, 3152, and 3152.5, of the Business and Professions Code (BPC), and to implement, interpret, or make specif - ic BPC sections 27, 30, 31, 136, 137, 138, 142, 144, 163.5, 480, 494.5, 495, 2544, 3041, 3041.3, 3055, 3070, 3070.1, 3075, 3077, 3078, 3092, 3110, 3151, 3151.1, 3152, and 3152.5, the Board is considering adopting

section 1507.5 and amending

section 1524 of title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Home Residence Permit program was established by Assembly Bill (AB) 458 (Nazarian,

Chapter 425, Statutes of 2019), which became effective January 1, 2020, and amended Business and Professions Code (BPC) sections 3070.1 and 3152. Among other things,

Section 3070.1 would allow an optometrist who is cer- tified to use therapeutic pharmaceutical agents to ob - tain a home residence permit by submitting an ap - plication to the board and paying applicable fees and would establish a process for the issuance and renewal of home residence permits, including prescribing ap - plication, renewal, and delinquency fees. BPC

section 3070.1 authorizes the Board to pre - scribe how an optometrist can apply for a home resi - dence permit. BPC

section 3070.1 also authorizes the Board to prescribe the consumer notice that an optom- etrist must provide to a consumer prior to engaging in the practice of optometry at a home residence. Existing regulations do not provide the process for issuing permits for optometrists to acquire a home res- idence permit nor do existing regulations provide for the consumer notice. This proposal would set such standards in regula - tion by adopting the Home Resident Permit applica - tion at CCR

section 1507.5 and proposed amendments at CCR

section 1524. Existing law at BPC

section 3152(u), (

v) and (

w) set the home resident permit application fee, renewal fee, and delinquency fee at $50, $50, and $25, respectively. This proposal would also place these fee amounts in regulation, at CCR 1524. Specifically, the Board’s proposal includes the following: ● Adopt

section 1507.5 of

Article 2 of Division 15 of Title 16 of the CCR to establish all the following: (

A) Initial application requirements, as specified. (

B) Renewal requirements, including that the home residence permit is valid for two years or until the optometrist’s license renewal date, as specified. (

C) The consumer notice required to be provided to each patient, either in–person or electron- ically. The notice requirements specifically include a minimum 14–point font require - ment, and require the following information: a. The name, license number, email ad - dress, telephone number, primary busi- ness address and normal business hours of the optometrist. b. At a minimum the additional following information: i. CONSUMER NOTICE The practice of optometry in California is reg - ulated by the California State Board of Optom- etry.

The Board of Optometry receives and in - vestigates all consumer complaints involving the practice of optometry. Complaints or griev- ances involving a California–licensed optom - etrist or optician should be directed in writing to: California Department of Consumer Affairs Board of Optometry 2540 Del Paso Road, Suite 105 Sacramento, CA 95834 Phone: 1–866–585–2666 or 916–575–7170 Email: optometry@dca.ca.gov Website: optometry.ca.gov PRESCRIPTIONS Optometrists are required to provide patients with a copy of their ophthalmic lens prescrip - tions as follows:

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 911 ● Spectacle prescriptions: Release upon com - pletion of exam. ● Contact lens prescriptions: Release upon completion of exam or upon completion of the fitting process. VOLUNTARY RELEASE OF PATIENT’S MEDICAL INFORMATION The patient may choose to release their medical information related to the optome - trist’s provision of optometry services to the Board of Optometry. This authorization is vol - untary, and the medical information will only be used to investigate complaints and to con - duct the Board of Optometry’s enforcement du- ties under Optometry Practice Act. (

D) A requirement for each patient, or patient’s caregiver, to sign and acknowledge that they have received the consumer notice. This must be retained in the patient’s file. (

E) A requirement that the authorization provid- ed by the optometrist to the patient or pa - tient’s caregiver to release the patient’s med- ical information to the Board shall be signed separately from the consumer notice signa - ture requirement. ● Amend

section 1524 of

Article 5 of Division 15 of Title 16 of the CCR to include fees for all of the following: (

A) application fee for a home residence permit, (

B) the renewal fee for a home residence permit, and (

C) the delinquency fee for a home residence permit. Anticipated Benefits of Proposal The anticipated benefits of the home residence per - mit program are substantial and wide–reaching, posi - tively impacting both regulatory alignment and public welfare. Here are the key advantages: The proposal aims to implement the home resident permit program by adopting Title 16 CCR

section 1507.5, aligning it with BPC

section 3070.1. Amending Title 16 CCR

section 1524 aligns it with BPC

section 3152. This ensures that the Board’s home residence permit program is in full regulatory compliance. This alignment sets a solid foundation for seamless integra- tion and operation. Introducing new

section 1507.5 establishes a com - prehensive application and renewal process for the home residence permit program. These guidelines serve as a roadmap, providing specific direction and requirements for optometrists seeking a home resi - dence permit. Application and registration requirements for the home residence permit set minimum standards for ap- plicants. This ensures that only qualified and capable individuals or are entrusted with providing optometric care at these home residences.

The institution of application, renewal, and delin - quency fees for the home residence permit enables the Board to efficiently administer the program. This fi - nancial structure ensures that the program remains sustainable and well–supported. The home residence program directly benefits all Californians but especially those residing in under - served, low–income, and rural areas of the state. By authorizing through regulation services to be provid - ed to patients in their homes, optometrists will be able to increase access to optometric care.

As a result, the proposed home residence program addresses a criti - cal healthcare gap, ensuring that vulnerable popula - tions have access to essential vision services within the comfort of their personal residences. Increased access to optometric care has the potential to significantly improve the health outcomes of indi - viduals in underserved communities. Early detection and intervention for vision issues can prevent more se- vere complications and enhance overall well–being.

This proposal complies with the legislative mandate to establish such standards and prioritizes public safe- ty, efficient administration, and, most importantly, the health and well–being of Californians in need. This proposal represents a significant step towards ensur - ing equitable access to high–quality optometric care for all.

Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulato - ry proposal, the Board has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither inconsistent nor in - compatible with existing state regulations.

DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Board anticipates up to 20 licensees will opt to apply for the initial home residence permit per year and will renew biennially. Expenditures: The regulations are projected to re - sult in workload and costs ranging from $2,200 to $14,600 per year and up to $80,100 over a ten–year period.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 912 The Board does not anticipate additional enforce - ment–related workload or costs resulting from the proposed regulations. Revenues: The regulations are anticipated to result in annual initial and renewal permit revenues ranging from approximately $1,000 to $5,000 per year and up to $30,000 over a ten–year period. The regulations do not result in any costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None.

Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None. BUSINESS IMPACT ESTIMATES The Board has made the initial determination that the proposed regulatory action would have no signif - icant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states.

This initial determination is based on the following facts: The home residence permit program is exclusive to licensed optometrists in the State of California. The purpose of the home residence permit program is to expand access to eye care, especially to underserved communities in California.

Individuals opting to apply for a home residence permit will be required to apply for licensure and pay applicable fees, including: ● Home Residence Permit (Initial Application): $50 ● Biennial Renewal: $50 ● Delinquency Fee: $25 The Board anticipates up to 20 licensees will opt to apply for the initial home residence permit per year and will renew biennially with costs ranging from approximately $1,000 to $5,000 per year and up to $30,000 over a ten–year period.

Cost Impact on Representative Private Person or Business: The Board 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. The regulations would allow California licensed op- tometrists to provide their services in home residenc - es, positively benefiting California consumers by in - creasing access to eye care.

The Board anticipates up to 20 licensees will opt to apply for the initial home residence permit per year and will renew biennially with costs ranging from approximately $1,000 to $5,000 per year and up to $30,000 over a ten–year period.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The California State Board of Optometry has deter- mined that this regulatory proposal will not have sig - nificant impact on the following: 1) the creation or elimination of jobs within the state, 2) the creation of new businesses or the elimination of existing businesses within the state, or, 3) the expansion of businesses currently doing busi- ness within the state. This proposal would not have any of the above– referenced impacts as explained in the “Business Impact Estimates”

section of this notice. This new business model was created by legislation enacting BPC

section 3070.1 and the proposed regu - lations only aim to improve access to care for con - sumers and better define existing laws and processes. Additionally, since home residence permits would be an optional service, it does not require startup costs that all licensees would be forced to implement. Benefits of Regulation: The California State Board of Optometry has deter- mined that this regulatory proposal will have the fol - lowing benefits to the health and welfare of California residents.

The proposed regulations will implement a home residence permit program that directly benefits Californians residing in underserved, low–income, and rural areas of the state. By authorizing through regulation services to be provided through home res - idence permits, optometrists will be able to increase access to eye care. This proposal will set minimum standards for home residence permits to meet and therefore ensure that only qualified and capable individuals are entrusted with providing optometric care at personal residences.

This helps in effective enforcement, safeguarding the well–being of patients and the community. This regulatory proposal does not affect or relate to either worker safety or the state’s environment as this proposal is not related to any of those issues. Business Reporting Requirements: The regulatory action does not require businesses to file a report with the Board. Effect on Small Business: The Board estimates minimal cost impacts a small business would necessarily incur in reasonable com - pliance with the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 913 The Board anticipates up to 20 licensees will opt to apply for the initial home residence permit per year and will renew biennially with costs ranging from approximately $1,000 to $5,000 per year and up to $30,000 over a ten–year period. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Board must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is pro - posed; would be as effective and less burdensome to affected private persons than the proposal described in this Notice; 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.

Any interested person may submit comments to the Board in writing relevant to the above determina - tions at 2450 Del Paso Road, Suite 105, Sacramento, California 95834 during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regula - tory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based.

This ma- terial is contained in the rulemaking file and is avail - able for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board, at 2450 Del Paso Road, Suite 105, Sacramento, California 95834.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently relat - ed to the original text.

With the exception of techni - cal or grammatical changes, the full text of any modi - fied proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the person desig - nated in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared by making a writ - ten request to the Contact Person named below or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Gregory Pruden Address: California State Board of Optometry 2450 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: 916–574–7808 Email Address: Gregory.Pruden@dca.ca.gov The backup contact person is: Name: Randy Love Address: California State Board of Optometry 2450 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: 279–895–1471 Email Address: Randy.Love@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regula - tions with modifications noted, as well as the Final Statement of Reasons when completed, and modi - fied text, if any, can be accessed through the Board’s website at https://optometry.ca.gov/lawsregs/propregs. shtml.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 914 TITLE 21. DEPARTMENT OF TRANSPORTATION — DIVISION OF AERONAUTICS AIRPORT GRANT ELIGIBILITY REGULATION UPDATE The California Department of Transportation (Caltrans) proposes to adopt the regulations described below after considering all comments, objections, and recommendations regarding this action. PUBLIC HEARING Caltrans will hold a public hearing on September 3, 2024, from 9:00 a.m. to 4:00 p.m. at the Basement Conference Room located at 1120 N Street, Sacra - mento, California. The Basement Conference Room is ADA–accessible.

At the hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Infor - mative Digest. Caltrans requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing. WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action to Caltrans. Comments may be submitted by email to aeronautics@dot.ca.gov.

Comments may also be mailed to: Tarek Tabshouri Office of Technical Services Division of Aeronautics — Caltrans 1120 N Street Sacramento CA 95814 Comments may also be Faxed to: (916) 653–9531. The written comment period closes on October 18, 2024. Caltrans will consider only comments received by that date at the office location above, by email, or by FAX. AUTHORITY AND REFERENCE Public Utilities Code (PUC) Sections 2102, 21204, and 21243 authorize Caltrans to adopt these proposed regulations. The proposed regulations implement, interpret, and make specific Public Utilities Code Sections 21001, 21681, and 21683.

INFORMATIVE DIGEST/ POLICY STATEMENT OVERVIEW This rulemaking action adds new categories of air - port projects that would be eligible for grant funding through the Caltrans Acquisition and Development (A&

D) Program. Public Utilities Code (PUC) Sections 21002, 21204, and 21243 authorize Caltrans to adopt regulations to further protect the public interest in aeronautics and aeronautical progress. Airport project categories that are currently eligible for A&D Program grants are set forth in PUC Sections 21207 and 21681(

f) and in the California Code of Regulations (CCR) Title 21,

Section 4061. This regulatory action will amend CCR Title 21,

Section 4061, to add new project categories. These project categories promote solar and other alternative energy sources for airports, reduce harmful emissions, promote electric aircraft operations, and enhance an airport’s ability to support emergency services, com - munity outreach events, and educational programs.

ANTICIPATED BENEFITS OF THE PROPOSED REGULATION Anticipated benefits from this rulemaking include reducing reliance on fossil fuels, improving air qual - ity, improving public safety, providing economic op - portunities, promoting healthier communities, and creating a more equitable, sustainable, and resilient aviation transportation system. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS Caltrans has determined that this proposed regula - tion is not inconsistent or incompatible with existing regulations.

After conducting a review for any regula- tions that would relate to or affect this area, Caltrans has concluded that these are the only regulations that apply to this proposal. DISCLOSURES REGARDING THE PROPOSED ACTION Caltrans has made the following initial determinations: ● Mandate on local agencies and school districts: None. ● Cost or savings to any state agency: None. ● Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 915 ● 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 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. ● Significant, statewide adverse economic impact directly affecting businesses, including the abili - ty of California businesses to compete with busi - nesses in other states: None. ● Significant effect on housing costs: None.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT As this proposal does not adjust grant program funding level, there would be no economic impact from this proposal.

Should additional grant funding be made available, Caltrans concludes that it is: (1) unlikely that the proposal will eliminate any jobs, (2) likely that the proposal will create an unknown num - ber of jobs for businesses, (3) likely that the proposal will create an unknown number of new businesses, (4) unlikely that the proposal will eliminate any existing businesses, and (5) likely that the proposal will result in the expansion of businesses currently doing busi - ness within the state. The extent of the impacts would depend on the future funding levels.

BENEFITS OF THE PROPOSED ACTION This proposed action creates a regulatory pathway for airports to request grants for the operation of zero– emission vehicles and aircraft, facilitate the lowering of harmful emissions, improve access to emergency service operations, increase community aviation edu - cational access, and create local clean energy sources. As such, this proposed action benefits the health and welfare of California residents, worker safety, and the state’s environment by promoting safety, equity, sus - tainability, community health, and climate resilience.

This proposed action puts California one step ahead in pursuing a low–carbon aviation transportation sector. Caltrans has determined that the proposed action does not negatively affect small businesses and may have a positive effect on them by providing them new economic opportunities in the construction or airport services sectors, should funding levels be commensu - rate with project needs. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), Caltrans must determine that no reasonable alternative it considered, or that has otherwise been identified and brought to the attention of the agency, would 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 proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or oth - er provision of law.

Caltrans invites interested persons to present statements or arguments with respect to al - ternatives to the proposed regulations at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Tarek Tabshouri Division of Aeronautics — Caltrans 1120 N Street Sacramento CA 95814 Telephone: (916) 879–2965 The backup contact person for these inquiries is: Carol Glatfelter Division of Aeronautics — Caltrans 1120 N Street Sacramento CA 95814 Telephone: (916) 879–7185 Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the Initial Statement of Reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based to Mr.

Tabshouri at the above address. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE Caltrans will have the entire rulemaking file public- ly available throughout the rulemaking process. As of the date this notice is published in the Notice Register, the rulemaking file consists of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the proposed regulations. Copies may be obtained by contacting Mr. Tabshouri at the address or phone number listed above.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 916 AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, Caltrans may adopt the proposed regulations substantially as described in this notice. If Caltrans makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the regulations are adopted as revised.

Please send requests for copies of any modified regulations to the attention of Tarek Tabshouri at the address in - dicated above. Caltrans will accept written comments on the modified regulations for 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 Mr. Tabshouri at the above address.

AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed through the Caltrans Aeronautics Program website at: https://dot. ca.gov/programs/aeronautics. GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR MIDDLE CREEK COHO ENHANCEMENT PROJECT (PHASE 1) (TRACKING NUMBER: 1653–2024–140 – 001–R1) SISKIYOU COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on June 28, 2024, that the Mid Klamath Watershed Council proposes to car - ry out a habitat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed project involves the creation of fourteen large woody debris structures and an off–channel hab- itat pond. The proposed project will be carried out on Middle Creek, a tributary to Horse Creek along the Klamath River at Klamath River Mile 149, Siskiyou County, northern California.

On May 13, 2024, the North Coast Regional Water Quality Control Board (Regional Water Board) re - ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Middle Creek Coho Enhancement Project (Phase 1). On May 29, 2024, supplemental information was provided, and the NOI was deemed complete.

The Regional Water Board determined that the Project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility requirements for coverage under the General 401 Order. The Regional Water Board issued a Notice of Applicability (WDID No 1A24060WNSI; ECM PIN Number CW–894859) for coverage under the General 401 Order on June 21, 2024. The Mid Klamath Watershed Council is requesting a determination that the project and associated docu - ments are complete pursuant to Fish and Game Code

section 1653 subdivision (d). If CDFW determines the project is complete, the Mid Klamath Watershed Council will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) or a Lake or Streambed Alteration Agreement under Fish and Game Code

section 1605 for the proposed project. In accordance with Fish and Game Code

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, the Mid Klamath Watershed Council will have the opportunity to submit under Fish and Game Code

section 1652. DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR SCOTT RIVER WATERSHED PROCESS BASED RESTORATION REPAIR AND MAINTENANCE PROJECT (TRACKING NUMBER: 1653–2024–141–001–R1) SISKIYOU COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on July 1, 2024, that the Scott River Watershed Council proposes to carry

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 917 out a habitat restoration or enhancement project pur - suant to Fish and Game Code

section 1653. The pro - posed project involves continuing stewardship activi - ties for previously authorized restoration projects such as maintaining beaver dam analogues and augment - ing small woody debris and spawning gravels. The proposed project will be carried out on Sugar Creek, French Creek, and Patterson Creek, all tributary to the Scott River, within the Scott River Hydrologic Unit 105.42. The coordinates of the Project are 41.398064° N, 122.870192° W; 41.341006° N, 122.825019° W; and 41.506944° N, 122.929722° W.

On May 13, 2024, the North Coast Regional Water Quality Control Board (Regional Water Board) re - ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Scott River Watershed Process Based Restoration Repair & Maintenance Project. On May 24, 2024, supplemental information was provided, and the NOI was deemed complete.

The Regional Water Board determined that the Project, as described in the NOI, was categori - cally exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility require - ments for coverage under the General 401 Order. The Regional Water Board issued a Notice of Applicability (WDID Number1A24058WNSI; ECM PIN Number CW–894808) for coverage under the General 401 Order on June 27, 2024. The Scott River Watershed Council is requesting a determination that the project and associated docu - ments are complete pursuant to Fish and Game Code

section 1653 subdivision (d). If CDFW determines the project is complete, the Scott River Watershed Council will not be required to obtain an incidental take per - mit under Fish and Game Code

section 2081 subdivi - sion (

b) or a Lake or Streambed Alteration Agreement under Fish and Game Code

section 1605 for the pro - posed project. In accordance with Fish and Game Code

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, the Scott River Watershed Council will have the opportunity to submit under Fish and Game Code

section 1652. DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH ON FULLY PROTECTED SPECIES RESEARCH ON CALIFORNIA BLACK RAIL The Department of Fish and Wildlife (Department) received a proposal from Jonathan Feenstra, re - questing authorization to take California black rail (Laterallus jamaicensis coturniculus ; rail), a Fully Protected bird, for scientific research purposes con - sistent with conservation and recovery of the species. The rail is listed as Threatened under the California Endangered Species Act.

Jonathan Feenstra is planning to conduct surveys throughout the range of the rail in California, in ac - cordance with a standard protocol approved by the Department. The proposed research activities con - sist of searching for vocalizing individuals of the rail and employing broadcasts of recorded, species– specific vocalizations to determine distribution and status of local populations. Jonathan Feenstra and oth- er qualified researchers would collect data by inter - preting calls received from marsh birds that respond to broadcast vocalizations and by observing individual rails.

There would be no attempt to capture individual rails or to approach nests of the rails, unless specifical- ly approved by the Department. If any rails are found dead, they will be salvaged and donated to a scientif - ic institution open to the public, as designated by the Department. No adverse effects on individual rails or rail populations are expected. The Department intends to issue a Memorandum of Understanding to Jonathan Feenstra that would autho- rize qualified professional wildlife researchers, under specified conditions, to carry out the proposed activ - ities.

The applicants are also required to have a valid federal recovery permit for the rail. Pursuant to California Fish and Game Code (FGC)

Section 3511(a) (1), the Department may authorize take of Fully Protected bird species after a 30–day no - tice period has been provided to affected and inter - ested parties through publication of this notice. If the Department determines that the proposed research is consistent with the requirements of FGC

Section 3511 for take of Fully Protected birds, it will issue the au - thorization on or after August 19, 2024, for an initial and renewable term of up to, but not to exceed five years. Contact: Justin Garcia, Justin.Garcia@wildlife. ca.gov (916) 207– 4957.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 918 DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH ON FULLY PROTECTED SPECIES MONITORING AND RESEARCH AT CALIFORNIA LEAST TERN NESTING COLONIES The Department of Fish and Wildlife (Department) received a proposal from Kevin Clark of the San Diego Natural History Museum, requesting authorization to take California least tern (Sternula antillarum browni; tern), a Fully Protected bird, for scientific research pur- poses consistent with the protection and recovery of the species.

The tern is listed as Endangered under the California Endangered Species Act and Endangered under the federal Endangered Species Act. Kevin Clark is planning to conduct research and monitoring on the tern in San Diego County, in accor- dance with the methods approved by the Department and the U.S. Fish and Wildlife Service (Service). The following research activities are proposed: harass by survey; locate, mark, and monitor nests using binocu - lars, spotting scopes, and walking transects; capture, band, and release chicks; collect or bury non–viable eggs; and salvage carcasses of chicks or adults.

If any terns are found dead, they will be salvaged and do - nated to a scientific institution open to the public, as designated by the Department and the Service. No ad- verse effects on individual terns or tern populations are expected. The Department intends to issue a Memorandum of Understanding to Kevin Clark that would autho - rize qualified professional wildlife researchers, under specified conditions, to carry out the proposed activ - ities. The applicants are also required to have a valid federal recovery permit and federal bird banding lab permit for the tern.

Pursuant to California Fish and Game Code (FGC)

Section 3511(a) (1), the Department may authorize take of Fully Protected birds after a 30–day notice has been provided to affected and interested parties through publication of this notice. If the Department deter - mines that the proposed research is consistent with the requirements of FGC

Section 3511 for take of Fully Protected birds, it will issue the authorization on or after July 19, 2024, for an initial and renewable term of up to five years. Contact: Hans Sin, Hans.Sin@ wildlife.ca.gov, Phone (858) 539–9022.

DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH ON FULLY PROTECTED SPECIES MONITORING AND RESEARCH AT CALIFORNIA LEAST TERN NESTING COLONIES The Department of Fish and Wildlife (Department) received a proposal from Robert Patton requesting au- thorization to take California least terns ( Sternula an- tillarum browni; tern), a Fully Protected bird, for re - search purposes consistent with protection and recov - ery of the species. The tern is listed as Endangered under the California Endangered Species Act and Endangered under the federal Endangered Species Act.

Robert Patton is planning to conduct research on the tern throughout San Diego County, in accordance with methods approved by the Department and the U.S. Fish and Wildlife Service (Service). The follow - ing research activities are proposed: locate, monitor, and mark nests using binoculars, spotting scopes, and walking transects; handle and mark eggs; capture, band, measure, and release terns; remotely monitor nests and terns using cameras; and salvage abandoned eggs and carcasses.

If any terns are found dead, they will be salvaged and donated to a scientific institution open to the public, as designated by the Department and the Service. No adverse effects on individual terns or tern populations are expected. The Department intends to issue a Memorandum of Understanding to Robert Patton that would autho - rize qualified professional wildlife researchers, un - der specified conditions, to carry out the proposed ac- tivities.

The applicant is also required to have a valid federal recovery permit and federal bird banding lab permit for the tern, and a scientific collecting permit (SCP) to take other terrestrial species in California. Pursuant to California Fish and Game Code (FGC)

Section 3511(a) (1), the Department may authorize take of Fully Protected birds after a 30–day notice period has been provided to affected and interested parties through publication of this notice. If the Department determines that the proposed research is consistent with the requirements of FGC

Section 3511 for take of Fully Protected birds, it will issue the authorization on or after July 19, 2024 for an initial and renewable

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 29–Z 919 term of up five years. Contact: Hans Sin, Hans.Sin@ wildlife.ca.gov, Phone (858) 539–9022.

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. Cradle to Career Data System File # 2024–0605–02 Conflict–of–Interest Code This is a Conflict–of–Interest Code that has been approved by the Fair Political Practices Commission and is being submitted for filing with the Secretary of State and printing only.

Title 05 Adopt: 101000 Filed 07/09/2024 Effective 07/09/2024 Agency Contact: Arti Wasu (916) 323–2324 Department of Conservation File # 2024–0628–01 SB 1137 First Emergency Implementation Regulations This action without regulatory effect repeals

section 1765.11, and makes corresponding amendments to the headings of all other sections, of

Article 2.5 [concern- ing Health Protection Zones around new oil and gas wells] of Subchapter 2 of

Chapter 4 of Division 2 of Title 2 of the California Code of Regulations as a result of the withdrawal, on June 27, 2024, of Referendum 1940 (22–0006). Title 14 Amend: 1765, 1765.1, 1765.2, 1765.3, 1765.4, 1765.4.1, 1765.5, 1765.5.1, 1765.6, 1765.7, 1765.8, 1765.9, 1765.10 Repeal: 1765.11 Filed 07/08/2024 Agency Contact: Christine Hansen (916) 694–7577 California Apprenticeship Council File # 2024–0523–01 Apprentice Dispatch Request 230.1 In this rulemaking action, the Council amends its regulation to set forth the information required to be included in a contractor’s request to dispatch apprentices.

Title 08 Amend: 230.1 Filed 07/03/2024 Effective 10/01/2024 Agency Contact: Glen Forman (415) 407–7637 Fish and Game Commission File # 2024–0521–01 Waterfowl hunting This rulemaking action by the Fish and Game Commission adjusts the dates for the 2024–2025 sea - son for various California waterfowl hunting zones.

Title 14 Amend: 502 Filed 07/03/2024 Effective 07/03/2024 Agency Contact: Jennifer Bacon (916) 902–9285 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.