GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2025, NUMBER 50–Z PU BLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW DE CEMBER 12, 2025 PROPOSED ACTION ON REGULATIONS TITLE 2. STA TE ALLOCATION BOARD Leroy F . Greene School Facilities Act of 1998; Match Shares — Notice File Number Z2025–1202–02 ............ 1505 TITLE 3. DEPAR TMENT OF FOOD AND AGRICULTURE Prohibited Noxious Weed Seed — Notice File Number Z2025–1202–02 .................................... 1511 TITLE 5.

BOARD OF EDUCATION Extended School Year — Notice File Number Z2025–1112–01 ............................................ 1514 DISAPPROV AL DECISION DEPARTMENT OF SOCIAL SERVICES CalWORKs Home Visiting Program (HVP) ........................................................... 1518

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1518 Time- Dated Material The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $409.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1505 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. STATE ALLOCATION BOARD AMEND VAROUS REGULATION SECTIONS, ALONG WITH AN ASSOCIATED FORM; ADOPT A NEW FORM Proposed Amendments to the Following Regulation Sections: ● 1859.2, 1859.32, 1859.51, 1859.77.1, 1859.79, 1859.79.2, AND 1859.82.1. Proposed Amendments to the Following Form: ● Form SAB 50–04, Application for Funding, (Rev. 05/20 08/25), which is incorporated by reference and referenced in Regulation

Section 1859.2. Proposed Adoption of the Following Regulation Sections: ● 1859.70.5, 1859.78.7.1, 1859.78.9.1, AND 1859.78.9.2. Proposed Adoption of the Following Form: ● Form SAB 57–75, 75 Years or Older Building Cost Estimate and Cost/Benefit Analysis (CBA), (New 06/25), which is incorporated by reference and referenced in Regulation

Section 1859.2. NOTICE IS HEREBY GIVEN that the State Allocation Board (SAB) proposes to amend the above–referenced regulation sections, including an as- sociated form, as well as adopt new regulation sec - tions and a new form, contained in Title 2, California Code of Regulations (CCR). A public hearing is not scheduled. A public hearing will be held if any inter - ested person, or his or her duly authorized represen - tative, submits a written request for a public hearing to the Office of Public School Construction (OPSC) no later than 15 days prior to the close of the written comment period.

Following the public hearing, if one is requested, or following the written comment peri - od if no public hearing is requested, OPSC, at its own motion or at the instance of any interested person, may adopt the proposals substantially as set forth above without further notice. AUTHORITY AND REFERENCE CITATIONS The SAB is proposing to amend the above–referenced regulation sections under the au - thority provided by Sections 17070.35, 17070.59, 17073.16 and 17078.64 of the Education Code.

The proposal interprets and make specific reference Sec - tions 8974, 17009.5, 17017.6, 17017.7, 17021, 17047, 17050, 17051, 17052, 17070.15, 17070.51, 17070.51(a), 17070.59, 17070.71, 17070.77, 17071.10, 17071.25, 17071.30, 17071.33, 17071.35, 17071.40, 17071.75, 17071.76, 17072.10, 17072.12, 17072.18, 17072.20, 17072.30, 17072.33, 17073.16, 17073.25, 17074.10, 17074.15, 17074.16, 17074.25, 17074.265, 17074.30, 17074.32, 17075.10, 17075.15, 17077.10, 17077.40, 17077.42, 17077.45, 17078.52, 17078.56, 17078.72, 17078.72(k), 17079, 17079.10, 17079.20, 17280, 17375, 42268, 42270, 56026, 100420, 100420(c), 100620, 100820, 101012(a) (8) and 101122, Education Code;

Section 53311, Government Code; and Sections 1771.3 in effect on January 1, 2012 through June 19, 2014 and 1771.5, Labor Code;

Section 2052, Revenue and Tax- ation Code. INFORMATIVE DIGEST/POLICY OVERVIEW STATEMENT The Leroy F. Greene School Facilities Act of 1998 established, through Senate Bill 50,

Chapter 407, Stat- utes of 1998, the School Facility Program (SFP). The SFP provides a per–pupil grant amount to qualifying school districts for purposes of constructing school fa- cilities and modernizing existing school facilities. The SAB adopted regulations to implement the Leroy F. Greene School Facilities Act of 1998, which were ap- proved by the Office of Administrative Law and filed with the Secretary of State on October 8, 1999. At its meeting on June 25, 2025, the SAB adopted proposed regulatory amendments, on an emergency basis, that align and implement provisions of Assem - bly Bill (AB) 247 (Muratsuchi,

Chapter 81, Statutes of 2024) into the SFP regulations and include the follow- ing topics: 1) establishment of a points–based methodology and sliding scale to calculate the required state and local matching share for all SFP projects, regard- less of whether the projects qualify for financial hardship assistance. AB 247 specifies the num - ber of points awarded based on a school district’s gross bonding capacity per enrollment; a school district’s unduplicated pupil percentage as deter - mined for purposes of the Local Control Funding Formula; whether a school district has an enroll - ment of 200 pupils or fewer; and whether the proj- ect includes the use of a project labor agreement.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1506 Based on the total number of points for a project, the required local matching share will be adjusted with no change to the total approved project cost. (Education Code

Section 17070.59). 2) provides a modernization supplemental grant for projects with a scope of work that includes the demolition and replacement of building(

s) at least 75 years of age or older. (Education Code

Section 17074.265). 3) provides a modernization supplemental grant for projects that expand an existing gymnasium, multipurpose room, library, or school kitchen if the facility is 60 percent or less than the de - partment’s recommended size needed to serve the enrollment of the school, or constructing a new gymnasium, multipurpose room, library, or school kitchen if the site is lacking one or more of the specified facilities. (Education Code

Section 17073.16). 4) provides a modernization supplemental grant for projects that retrofit an existing school facility to adequately house Transitional Kindergarten (TK) pupils or construct new TK classrooms if the site is lacking sufficient school facilities to house TK pupils. (Education Code

Section 17073.16). OPSC submitted the emergency regulations to the Office of Administrative Law (OAL) and the OAL ap- proved the emergency regulations and filed them with the Secretary of State with an effective date of Sep - tember 8, 2025. Attached to this Notice are the pro - posed regulations, along with two associated forms. The proposed regulations can also be reviewed on OPSC’s website at: https://www.dgs.ca.gov/OPSC/ Resources/Page-Content/Office-of- Public-School-Construction-Resources-List- Folder/Laws-Regulations-for-School- Construction-Projects.

Copies of the proposed regu - lations, along with the two associated forms will be mailed to any person requesting this information by using OPSC’s contact information set forth below in this Notice. The proposed regulations amend the SFP Regulations under the California Code of Regulations, Title 2,

Chapter 3, Subchapter 4, Group 1, State Al - location Board, Subgroup 5.5, Regulations relating to the Leroy F. Greene School Facilities Act of 1998. Background and Problem Being Resolved At its meeting on December 3, 2024, the SAB ad - opted recommendations implementing provisions of Proposition 2, which are contained in AB 247. In part, Proposition 2 provides $8.5 billion in proceeds from the sale of bonds for the construction and moderniza - tion of Transitional Kindergarten (TK) through Grade 12 school facilities.

Proposition 2 specifies that the $8.5 billion will be allocated to the SFP as follows: ● New Construction = $3.3 billion, of which up to ten percent ($330 million) shall be available to small school districts. ● Modernization = $4.0 billion, of which up to ten percent ($400 million) shall be available to small school districts and up to $115 million shall be available to address the remediation of lead in water. ● Charter School Facilities Program = $600 mil - lion, and, ● Career Technical Education Facilities Program = $600 million.

Proposition 2 also makes numerous changes to the SFP as follows: ● Requires the submittal of a five–year school fa - cilities master plan as a condition of participating in the SFP; ● Establishes a points–based methodology for cal - culating the local contribution a school district is required to make to be eligible to receive state funding; ● Requires school districts participating in the SFP New Construction or Modernization programs after November 5, 2024, to submit an updated re- port of the school district’s existing school build- ing capacity; ● Authorizes additional state funding for the re - placement of school buildings that are at least 75 years old; ● Establishes several new supplemental grants (minimum essential facilities, energy efficiency, career technical education, and TK) ● Authorizes the SAB to provide interim housing assistance funding or any other assistance follow- ing specified natural disasters; ● Provides specified assistance to school districts with a school facility on a military installation, small school districts, and for the testing and re - mediation of specified lead levels in water foun - tains and faucets used for drinking or preparing food on school sites; and, ● Increases the maximum level of total bond - ing capacity allowable for a school district to be automatically eligible for financial hardship assistance.

The problem being resolved is not necessarily a problem but an opportunity to replenish the SFP with $8.5 billion in bond authority and to implement Prop - osition 2 provisions in the SFP. As indicated above, the proposed regulations set forth the new points–based methodology and sliding scale calculation and also provide school districts with unique funding oppor - tunities to qualify for the 75–year old or older sup - plemental grant as well as the minimum essential fa -

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1507 cilities and TK supplemental grants. These additional funding opportunities provide enhancements to exist - ing facilities, as well as the construction of new facili- ties, thereby increasing the life expectancy of these fa- cilities. The additional funding also covers the expect- ed increased costs of construction for the inclusion of these types of facilities in school districts projects.

OPSC performed a search on whether the proposed regulatory amendments were consistent and com - patible with existing State laws and regulations and did not identify any inconsistent or incompatible ex - isting State laws or regulations. The proposed regu - latory amendments are consistent with and imple - ment several provisions of statutory changes enact - ed with the passage of Proposition 2. Proceeding with the implementation of the proposed regulations will provide a positive impact on the state’s economy, as well as the creation of an unknown number of jobs in the school construction industry.

Once school dis - tricts request the release of state funds, manufacturing and construction–related industries such as architec - ture, engineering, trades and municipalities may ex - pand based on the demand on these industries. School districts will also have the ability to take advantage of the new Proposition 2 provisions. The proposed regu - lations will maintain equity, consistency, and the in - tegrity of the SFP. Anticipated Benefits of the Proposed Regulations There are benefits associated with the proposed reg- ulations.

The SAB has the opportunity to administer the SFP with new Proposition 2 provisions that make program modifications beneficial to school districts and to replenish the SFP with $8.5 billion in bond au - thority.

The proposed regulations provide school dis - tricts with a points–based methodology and sliding scale to calculate the required state and local match - ing share contribution for all SFP projects, and there are additional modernization supplemental funding opportunities for projects such as the demolition and replacement of buildings at least 75 years of age or older; for projects that expand an existing gymnasi - um, multipurpose room, library, or school kitchen; and for projects that retrofit an existing school facil - ity to house TK pupils or construct new TK class - rooms if the site is lacking sufficient school facilities to house TK pupils.

In addition, there is a positive im- pact on the state’s economy, as well as the creation of an unknown number of jobs in the school construc - tion industry. Once school districts request the release of state funds, manufacturing and construction–relat - ed industries such as architecture, engineering, trades and municipalities may expand based on the demand on these industries. The proposed regulations are therefore determined to be consistent and compatible with existing State laws and regulations.

Proceeding with the implemen - tation of the proposed regulations maintains the in - tegrity of the SFP funding process, as well as equity amongst school district projects.

Summary of the Proposed Regulations A

summary of the proposed regulations is as follows: Existing Regulation

Section 1859.2 represents a set of defined words and terms used exclusively for these regulations. The proposed amendments define addi - tional specific words, terms, and forms, as well as fur- ther define existing words and terms essential to these regulations for purposes of implementing Proposition 2 provisions in the SFP Regulations. Existing Regulation

Section 1859.32 sets forth the definitive criteria and guidelines for excluding specific permanent and portable classrooms from the district’s gross classroom inventory. The proposed amend - ment provides an additional criterion that excludes the counting of classrooms funded through the California Preschool, Transitional Kindergarten and Full–Day Kindergarten Facilities Grant Program from the dis - trict’s gross classroom inventory. Existing Regulation 1859.51 outlines the criteria for adjusting a district’s new construction baseline eligi - bility.

The proposed amendment adds an additional adjustment to reduce the new construction baseline by the number of pupils housed in TK classrooms con - structed from funding provided under the SFP mod - ernization program. Proposed adoption of Regulation

Section 1859.70.5 establishes a points–based determination and sliding scale for the required state and local contributions for SFP projects. This will be known as the Local Fund - ing Adjustment Grant. There are four criteria for de - termining the number of points awarded for a proj - ect: 1) a school district’s gross bonding capacity per enrollment; 2) a school district’s unduplicated pupil percentage as determined for purposes of the Local Control Funding Formula; 3) a school district that has an enrollment of 200 pupils or fewer; and 4) wheth - er the project includes the use of project labor agree - ment. This is in alignment with Education Code Sec - tion 17070.59. This

section establishes the submittal timing and deadlines for providing the information necessary to make the funding adjustment. Existing Regulation

Section 1859.77.1 sets forth a school district’s matching share requirement for new construction grants. The proposed amendments dif - ferentiate a school district’s matching share require - ment based on two dates: applications received be - fore October 31, 2024 and applications received on or after October 31, 2024. Applications received before October 31, 2024 require set matching share contri - butions for both state and local; applications received after October 31, 2024 will require a matching share contribution based on the methodology and calcula - tion of the new regulation

section above (Regula -

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1508 tion

Section 1859.70.5) and will be known as the Lo - cal Funding Adjustment Grant. This is in alignment with Education Code

Section 17070.59. Additional - ly, there are several minor edits that are considered non–substantive changes. Proposed adoption of Regulation

Section 1859.78.7.1 provides a modernization supplemental grant for proj- ects with a scope of work that includes the demolition and replacement of buildings at least 75 years of age or older. This

section sets forth the eligibility crite - ria and grant calculations for this supplemental grant. The grant amount is aligned with the new construction per pupil grant amount and will be adjusted annually based on the change in the Class B Construction Cost Index as approved by the SAB each January. Recipi - ents of this grant will receive an alternate per–pupil grant amount than provided under the current mod - ernization program and must replace the building that generated the eligibility for this grant. The regulation also requires the replacement of portable buildings with permanent buildings.

This is in alignment with Education Code Sections 17074.25 and 17074.265. Proposed adoption of Regulation

Section 1859.78.9.1 provides a modernization supplemental grant for proj- ects that either expand an existing gymnasium, mul - tipurpose room, library, or school kitchen if the fa - cility is 60 percent or less than the department’s rec - ommended size needed to serve the enrollment of the school, or construct a new gymnasium, multipurpose room, library, or school kitchen if the site is lacking one or more of the specified facilities. This

section sets forth the minimum essential facilities eligibility crite - ria and grant calculation. The grant will be adjusted annually based on the change in the Class B Construc- tion Cost Index as approved by the SAB each January. This is in alignment with Education Code Sections 17073.16 and 17074.25. Proposed adoption of Regulation

Section 1859.78.9.2 provides a modernization supplemental grant for proj- ects that either retrofit an existing school facility to ad- equately house TK pupils or construct new TK class - rooms if the site is lacking sufficient school facilities to house TK pupils. This

section sets forth the eligi - bility criteria and calculation for this supplemental grant to construct new or retrofit existing space into TK classrooms. The grant will be adjusted annually based on the change in the Class B Construction Cost Index as approved by the SAB each January. This is in alignment with Education Code Sections 17073.16 and 17074.16. Existing Regulation

Section 1859.79 sets forth a dis- trict’s modernization matching share contribution for approved applications received on or before April 29, 2002 (20 percent district share/80 percent state share) and for approved applications received after April 29, 2002 and on or before October 30, 2024 (40 percent district share/60 percent state share). The proposed amendments stipulate that for approved applications received on or after October 31, 2024, a district’s mod- ernization matching share contribution will be deter - mined based on Education Code Sections 17070.59 and 17074.16 and adjusted for the Local Funding Ad- justment Grant using the methodology and calcu - lation in Regulation

Section 1859.70.5. Additional - ly, there are several minor edits that are considered non–substantive changes. Existing Regulation

Section 1859.79.2 sets forth guidelines for eligible and ineligible expenditures re - lated to the use of modernization grant funds.

The proposed amendments provide that modernization grant funds may now be used on additional square footage constructed with funding for 75 year old or older buildings, minimum essential facilities (gymna - sium, multipurpose room, library, or school kitchen), and the retrofit of existing school facilities or the con- struction of new TK classrooms to house TK pupils, as well as any additional square footage constructed to meet the minimum requirements of Title 5, California Code of Regulations. Prior to AB 247 and Proposition 2, the construction of new building area was not typ - ically allowable.

Additionally, there are several minor edits that are considered non–substantive changes. Existing Regulation

Section 1859.82.1 sets forth the criteria as to general factors generating facility hard - ship program eligibility as well as placing limits on program eligibility including, but not limited to per - formance of routine maintenance or repair, issues re - sulting from the deferment of routine maintenance or repair, lack of current code compliance, or the addi - tion of components that were not previously existing, and the required information that must be contained in the industry specialist’s report/findings.

The proposed amendments add the square footage per pupil as well as the minimum/maximum square footage for multi - purpose room (excluding food service) and for school kitchen for elementary school pupils, middle school pupils and high school pupils. The addition of these facilities was also necessary for purposes of determin- ing the funding formula for providing the supplemen - tal grants in Regulation

Section 1859.78.9.1. Existing Form SAB 50–04, Application for Fund - ing, (Rev. 05/20 08/25), (incorporated by reference) is submitted by school districts to apply for State fund - ing for new construction and modernization projects. The proposed amendments incorporate the provisions of Proposition 2 outlined in this Finding of Emer - gency, such as the new matching share requirements for new construction and modernization projects, in - cluding the Local Funding Adjustment Grant, and the modernization supplemental grants for 75 year old or older buildings, minimum essential facilities (gymna - sium, multipurpose room, library, and school kitch -

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1509 en), and the TK supplemental grant to retrofit existing school facilities or construct new TK classrooms to house TK pupils. These amendments are necessary to collect the information needed to calculate the Local Funding Adjustment Grant. Proposed adoption of the Form SAB 57–75, 75 Years or Older Building Cost Estimate and Cost/Benefit Analysis (CBA), (New 06/25), and its instructions, (in- corporated by reference) is submitted by school dis - tricts and sets forth the specificity of how to utilize the form for submittal.

This form will serve as the cost es- timate for preparing the cost–benefit analysis required in the statute. Statutory Authority and Implementation Education Code

Section 17070.35. (

a) In addition to all other powers and duties as are granted to the board by this chapter, other statutes, or the California Con - stitution, the board shall do all of the following:

(1) Adopt rules and regulations, pursuant to the rulemak - ing provisions of the Administrative Procedure Act,

Chapter 3.5 (commencing with

Section 11340) of

Part 1 of Division 3 of Title 2 of the Government Code, for the administration of this chapter. Government Code

Section 15503. Whenever the board is required to make allocations or apportion - ments under this part, it shall prescribe rules and reg - ulations for the administration of, and not inconsis - tent with, the act making the appropriation of funds to be allocated or apportioned. The board shall require the procedure, forms, and the submission of any infor- mation it may deem necessary or appropriate. Unless otherwise provided in the appropriation act, the board may require that applications for allocations or appor- tionments be submitted to it for approval.

Determination of Inconsistency or Incompatibility with Existing State Regulations The SFP is replenished with $8.5 billion in bond au- thority and Proposition 2 provisions are/will be im - plemented in the SFP. The proposed regulations set forth the new points–based methodology and slid - ing scale calculation and also provide school districts with unique funding opportunities to qualify for the 75–year old or older supplemental grant as well as the minimum essential facilities and TK supplemental grants.

These additional funding opportunities pro - vide enhancements to existing facilities, as well as the construction of new facilities, thereby increasing the life expectancy of these facilities. The additional funding also covers the expected increased costs of construction for the inclusion of these types of facili - ties in school districts projects. After conducting a review, the SAB has concluded that these are the only regulations on this subject area, and therefore, the proposed regulations are neither in - consistent nor incompatible with existing State laws and regulations.

The proposed regulations are within the SAB’s authority to enact regulations for the SFP under Education Code

Section 17070.35 and Govern - ment Code

Section 15503. Documents Incorporated by Reference ● Form SAB 50–04, (Rev. 05/20 08/25), referenced in Regulation

Section 1859.2 and is incorporated by reference. ● 75 Years or Older Building Cost Estimate and Cost Benefit Analysis (CBA), (New 06/25), refer- enced in Regulation

Section 1859.2 and is incor - porated by reference. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Executive Officer of the SAB has determined that the proposed regulations do not impose a man - date or a mandate requiring reimbursement by the State pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. It will not require local agencies or school districts to incur additional costs in order to comply with the proposed regulations.

DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Executive Officer of the SAB has made the fol- lowing initial determinations relative to the required statutory categories: ● The SAB has made an initial determination that there will be no significant, statewide adverse economic impact directly affecting business, in - cluding the ability of California businesses to compete with businesses in other states. ● The SAB is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. ● There will be no non–discretionary costs or sav - ings to local agencies. ● The proposed regulations create no costs to any local agency or school district requiring reim - bursement pursuant to

Section 17500 et seq., or beyond those required by law, except for the re - quired district contribution toward each project as stipulated in statute. ● There will be no costs or savings in federal fund- ing to the State. ● The proposed regulations create no costs or sav - ings to any State agency beyond those required by law. ● The SAB has made an initial determination that there will be no impact on housing costs.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1510 RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Impact to Businesses and Jobs in California The proposed regulations promote transparency be- cause school districts and the school district commu - nity have been collaborating on the proposed regula - tions through a series of stakeholder meetings. The SAB has the opportunity to administer the SFP with new Proposition 2 provisions that make program mod- ifications beneficial to school districts and replenish - es the SFP with $8.5 billion in bond authority.

The proposed regulations set forth the new points–based methodology and sliding scale calculation and also provide school districts with unique funding oppor - tunities to qualify for the 75–year old or older sup - plemental grant as well as the minimum essential fa - cilities and TK supplemental grants. These additional funding opportunities provide enhancements to exist - ing facilities, as well as the construction of new facili- ties, thereby increasing the life expectancy of these fa- cilities.

The additional funding also covers the expect- ed increased costs of construction for the inclusion of these types of facilities in school districts projects. In addition, the proposed regulations will not negatively impact the creation of jobs, the creation of new busi - nesses, and the expansion of businesses in California. It is not anticipated that the proposed regulations will result in the elimination of existing businesses or jobs within California.

Additionally, the proposed regu - lations expand the SFP while aligning with the stat - ute, as well as maintain program integrity and equity amongst school district projects. Benefits to Public Health and Welfare, Worker’s Safety, and the State’s Environment ● The proposed regulations promote transparency because school districts and the school district community have been collaborating on the pro - posed regulations through a series of stakeholder meetings.

The SAB has the opportunity to ad - minister the SFP with new Proposition 2 provi - sions that make program modifications beneficial to school districts and replenishes the SFP with $8.5 billion in bond authority. ● There are continued benefits to the health and welfare of California residents and worker safety.

School districts, charter schools, and local edu - cational agencies utilize construction and trades employees to work on school construction proj - ects and although this proposed regulation does not directly impact worker’s safety, existing law provides for the availability of a skilled labor force and encourages improved health and safe - ty of construction and trades employees through proper apprenticeship and training.

Further, pub - lic health and safety is enhanced because a prop - erly paid and trained workforce will build school construction projects that are higher quality, structurally code–compliant and safer for use by pupils, staff, and other occupants on the site. ● There is no impact to the State’s environment from the proposed regulations. The SAB finds the proposed regulations fully con - sistent with the stated purposes and benefits.

EFFECT ON SMALL BUSINESSES It has been determined that the proposed regulations will not have a negative impact on small businesses in the ways identified in subsections (a) (1)–(4) of

Section 4, Title 1, CCR. The proposed regulations only ap - ply to school districts and local education agencies for purposes of funding school facility projects. Manufac- turing and construction–related industries such as ar - chitecture, engineering, trades and municipalities may expand based on the demand on these industries. This may include new [small] businesses, or the expansion of [small] businesses, which has a positive impact on the state’s economy and may also create an unknown number of jobs.

SUBMISSION OF COMMENTS, DOCUMENTS AND ADDITIONAL INFORMATION Any interested person may present statements, ar - guments or contentions, in writing, submitted via U.S. mail, email or fax, relevant to the proposed regulato - ry action. Written comments submitted via U.S. mail, email or fax must be received at OPSC no later than January 26, 2026 end of day. The express terms of the proposed regulations as well as the Initial Statement of Reasons are available to the public.

Written comments, submitted via U.S. mail, email or fax, regarding the proposed regulatory action, re - quests for a copy of the proposed regulatory action or the Initial Statement of Reasons, and questions con - cerning the substance of the proposed regulatory ac - tion should be addressed to: Lisa Jones, Regulations Coordinator Mailing Address: Office of Public School Construction 707 Third Street, 3rd Floor West Sacramento, CA 95605 Email Address: lisa.jones@dgs.ca.gov Fax Number: (916) 375–6721 AGENCY CONTACT PERSONS General or substantive questions regarding this No - tice of Proposed Regulatory Action may be directed to

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1511 Ms. Lisa Jones at (279) 946–8459. If Ms. Jones is un- available, these questions may be directed to the back- up contact person, Mr. Michael Watanabe, Deputy Ex- ecutive Officer, at (279) 946–8463. ADOPTION OF REGULATIONS Please note that, following the public comment pe - riod, the SAB may adopt the regulation substantially as proposed in this notice or with modifications, which are sufficiently related to the originally proposed text and notice of proposed regulatory activity.

If modifi - cations are made, the modified text with the changes clearly indicated will be made available to the public for at least 15 days prior to the date on which the SAB adopts the regulations. The modified regulation(

s) will be made available and provided to: all persons who testified at and who submitted written comments at the public hearing, all persons who submitted written comments during the public comment period, and all persons who requested notification from the agency of the availability of such changes. Requests for copies of any modified regula - tions should be addressed to the agency’s regulation coordinator identified above. The SAB will accept written comments on the modified regulations during the 15–day period.

SUBSTANTIAL CHANGES WILL REQUIRE A NEW NOTICE If, after receiving comments, the SAB intends to adopt the regulation with modifications not sufficient- ly related to the original text, the modified text will not be adopted without complying anew with the notice requirements of the Administrative Procedure Act. RULEMAKING FILE Pursuant to Government Code

Section 11347.3, the SAB is maintaining a rulemaking file for the proposed regulatory action. The file currently contains: 1. A copy of the text of the regulations for which the adoption is proposed in strikeout/underline. 2. A copy of this Notice. 3. A copy of the Initial Statement of Reasons for the proposed adoption. 4. The factual information upon which the SAB is relying in proposing the adoption. As data and other factual information, studies, re - ports or written comments are received they will be added to the rulemaking file.

The file is available for public inspection at OPSC during normal working hours. Items 1 through 3 are also available on OPSC’s Internet Web site at: https://www.dgs.ca.gov/OPSC/ Resources/Page-Content/Office-of- Public-School-Construction-Resources-List- Folder/Laws-Regulations-for-School- Construction-Projects then scroll down to School Fa - cility Program, Pending Regulatory Changes, and click on the links entitled 45–day Public Notice, Initial Statement of Reasons and Proposed Regulation Text. ALTERNATIVES In accordance with Government Code

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

The alternative to these proposed regulations would be the SAB take no action and be in violation of the statute (AB 247). The SAB is charged with ensuring that the provisions of Proposition 2 are implemented timely in the SFP. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available, and copies may be requested from the agency’s regulation coordinator named in this no - tice or may be accessed on the website listed above. TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE PROHIBITED NOXIOUS WEED SEED The Department of Food and Agriculture (Depart - ment) proposes to make permanent the emergency amendment to Title 3 of the California Code of Regu- lations (CCR)

Section 3854 Prohibited Noxious Weed Seed. 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1512 WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulations to the Department. Com - ments may be submitted by USPS, FAX or email. The written comment period closes January 26, 2026. The Department will consider only comments received at the Department offices by that date or postmarked no later than January 26, 2026.

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 pro - posed 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 adoption, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the public. Fol- lowing the public hearing, if one is requested, or fol - lowing the written comment period if none is request- ed, the Department, at its own motion, or at the in - stance of any interested person, may adopt the pro - posal substantially as set forth without further notice. AUTHORITY The Department proposes to amend

Section 3854 pursuant to the authority vested by Sections 407 and 52332 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to imple - ment, interpret and make specific Sections 5004, 52256–52258, 52287 and 52332 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This amendment will add Egyptian broomrape to the list of Prohibited Noxious Weed Seed. In addition, we are adding to the list the alternate generic name Phelipanche in addition to Orobanche for this pest and for its close relative branched broomrape, Oro- banche (Phelipanche) ramose.

Egyptian broomrape is a harmful agricultural weed because of its ability to reduce yields, produce large numbers of long–lived seeds, and its ease of spread. To prevent spread of this species to non–infested ar - eas, to protect California’s agricultural industry, and to prevent trading partners from quarantining Cali - fornia commodities for this parasitic pest, it is neces - sary to eradicate it when found within California, as well as to prevent its spread from limited incursions within the state.

That is why the Department proposes to make permanent the emergency amendment to add Egyptian broomrape to the list of Prohibited Noxious Weed Seed. EXISTING LAWS AND REGULATIONS 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 which the Secretary is directed or authorized to ad - minister or enforce. Existing law, FAC

section 5004, provides that the Secretary may adopt a list of the plants that is, or is li- able to be, detrimental, to agriculture or important na- tive species, and difficult to control or eradicate, which the Secretary, by regulation, designates to be a nox - ious weed. Existing law, FAC

section 52256, provides that “Noxious weed seed” means the seed or propagule of any species of noxious weed, as defined in Sec - tion 5004. As used in the FAC

chapter California Seed Law, noxious weed seed are of two classes, prohib - ited noxious weed seed and restricted noxious weed seed, which are defined in Sections 52257 and 52258, respectively. Existing law, FAC

section 52256.5, provides that “Person” also means any individual, partnership, cor - poration, trust association, cooperative association, or any other business unit or organization. Existing law, FAC

section 52257, provides that “Pro- hibited noxious weed seed” means the seed or propa - gule of any species of noxious weed which the direc - tor, as provided in

Section 52332, finds and declares to be a prohibited noxious weed seed and which either: (1) is not known to occur, or is of limited distribution, in this state; (2) is not widely distributed throughout the state and which not only reproduce by seed, but also by underground roots or stems; or (3) is under eradication measures in this state. Existing law, FAC

section 52257.5, provides that “Conditioner” means any person who cleans, scari - fies, or blends to obtain uniform quality, or who con - ducts other operations which would change the purity, germination, or identity of any lot of seed, including, but not limited to, packaging, labeling, blending to - gether of uniform lots of the same kind or variety, or the preparation of a mixture. Existing law, FAC

section 52257.6, provides that “Process” means any modification of the form or na -

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1513 ture of agricultural or vegetable seed, or any treatment of the seed, which renders it inviable. Existing law, FAC

section 52257.8, provides that “Research” means any research related to the variety, purity, quality, type, strain, or other genetic and phys- iological characteristics of agricultural or vegetable seed or the production thereof. Existing law, FAC

section 52258, provides that “Re- stricted noxious weed seed” means the seed or propa - gule of any species of noxious weed, the seed of which is not otherwise designated as prohibited noxious weed seed, and which the director, as provided in Sec- tion 52332, finds and declares to be a restricted nox - ious weed seed. Existing law, FAC

section 52287, provides that All prohibited and restricted noxious weed seed which are enumerated in this

chapter or in any regulation which is adopted by the director pursuant to this chap- ter, California Seed Law, are hereby recognized as noxious within the meaning of the Federal Seed Act (7 U.S.C.,

Sec. 1551, et seq.). Existing law, FAC

section 52332, provides that the secretary, by regulation, may adopt a list of noxious weed seed that the secretary finds are prohibited nox - ious weed seed, as defined in this chapter, California Seed Law ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT The amendment of this regulation provides the necessary regulatory authority for the prevention of movement of a serious plant pest which is a mandated statutory goal. This amendment is necessary to prevent the future spread of Egyptian broomrape to un–infested areas of the State.

The regulation benefits agriculture, the en - vironment, and the overall California economy by pre- venting the spread of Egyptian broomrape. There are economic benefits to the State’s general fund from these regulations. Egyptian broomrape at - tacks a broad array of field crops and some ornamen - tals. Tomato, potato, tobacco, eggplant, peppers, peas, carrot, celery, mustard, spinach, and chrysanthemum are among the susceptible plants. Out of these hosts the largest potential agricultural impact in California is to tomatoes. In 2023 tomatoes had a total value pro- duction of 1.5 billion in the state.

Egyptian broomrape may attack different hosts, such as sunflower in the current case. Established Egyptian broomrape infesta- tions can reduce crop yields by up to 90%, threaten ex- port markets, and are extremely difficult to eradicate. By adding Egyptian broomrape to the Prohibited Noxious Weed Seed list we will reduce the chances of future incursions and help maintain the economic baseline. There is no existing, comparable federal regulations 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

Section 3854 and has determined that they are not inconsistent or incompatible with exist - ing state regulations.. After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern prohibited noxious weed seed in California. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost to any local agency or school district requiring reimbursement pursuant to 17500 et seq.: 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. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The amendment is designed to prevent or mini - mize the spread of Egyptian broomrape by amending

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1514

Section 3854. The Department has made an assess - ment that the amendment to this regulation would: (1) not create or eliminate jobs within California, (2) not create new business or eliminate existing businesses within California,(3) not affect the expansion of busi - nesses currently doing business within California, (4) is expected to benefit the health and welfare of Cali - fornia residents, (5) is expected to benefit the state’s environment, and is (6) not expected to benefit work - ers’ safety.

Health and welfare: The proposed action will benefit the health and welfare of California residents by mak- ing it more likely that Egyptian broomrape would be prevented from spreading within California, thus pro - tecting the agricultural sector. Maintaining the eco - nomic baseline is important to the health and welfare of California residents. The state’s environment: The proposed action will benefit the state’s environment by increasing the chance that Egyptian broomrape would be prevented from spreading within California.

If the pest was to enter California it could adversely impact private and commercial landscape plantings, local, regional, state and national parks, other recreational sites, open habi- tats, and wild lands. Affected plants could become less vigorous and may produce fewer seeds. Plants/trees with low propagule output can result in major changes to plant community structure. Therefore, this amend - ed regulation may contribute to the preservation of the natural environment.

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. BOARD OF EDUCATION EXTENDED SCHOOL YEAR Notice is Hereby Given that the State Board of Ed- ucation (SBE) proposes to adopt the regulations de - scribed below after considering all comments, objec - tions, or recommendations regarding the proposed action.

The SBE invites interested persons to present state - ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. PUBLIC HEARING The California Department of Education (CDE) staff, on behalf of the SBE, will hold a virtual public hearing at 9:00 a.m. on January 27, 2026. Attendees may participate in the public hearing via the Zoom online meeting platform by logging in per the following instructions:

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1515 ● Click the following link or paste the link into your browser to join the meeting and enter the pass - code: https://us02web.zoom.us/j/84587001075. Passcode: 672070 ● To connect with audio only and no video, call one of the following telephone numbers and enter the meeting ID and password: ● +1 669 900 6833 US (San Jose). ● +1 213 338 8477 US (Los Angeles). ● +1 669 219 2599 US (San Jose).

Meeting ID: 845 8700 1075 Passcode: 672070 Attendees may test their Zoom connection by: ● Clicking on the test link: https://zoom.us/test. ● For any issues regarding connecting with Zoom, go to https://support.zoom.us/hc/en–us for assistance.

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, any individ- ual with a disability who requires reasonable accom - modation to attend or participate in a public hearing on proposed regulations, may request assistance by contacting Denise Lambert, Special Education, 1430 N Street, Room 2401, Sacramento, CA, 95814 or by telephone at 916–319–0417. It is recommended that as- sistance be requested at least two weeks prior to the hearing. Pursuant to Government Code

Section 11346.6(a) (3) and (b), because some of these regulations pertain to special education, the following provisions also apply: Upon request from a person with a visual disabil - ity or other disability for which effective communi - cation is required under state or federal law, the CDE shall provide that person a narrative description of the additions to and deletions from the regulations.

The description shall identify each addition to or deletion from the regulations by reference to the subdivision, paragraph, subparagraph, clause, or subclause within the proposed regulation containing the addition or de- letion. The description shall provide the express lan - guage proposed to be added to or deleted from the reg- ulations and any portion of the surrounding language necessary to understand the change in a manner that allows for accurate translation by reading software used by the visually impaired.

The CDE shall provide the information described above within 10 business days, unless the CDE deter - mines that compliance with this requirement will be impractical and notifies the requester of the date on which the information will be provided. Notwithstanding any other law, if information is provided to a requester as described above, the CDE shall provide that requester at least 45 days from the date upon which the information was provided to the requester to submit a public comment regarding the proposed regulation.

The CDE shall not take final ac - tion to adopt the regulation until the requester has sub- mitted a public comment or the extended 45–day com- ment period expires, whichever occurs first.

WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to: Lorie Adame, Regulations Coordinator Administrative Support and Regulations Adoption Unit California Department of Education 1430 N Street, Room 5319 Sacramento, CA 95814 Comments may also be submitted by fac - simile (FAX) at 916–322–2549 or by email to regcomments@cde.ca.gov. Comments must be received by the Regulations Co- ordinator prior to or on January 27, 2026.

All writ - ten comments received by CDE staff during the pub - lic comment period are subject to disclosure under the Public Records Act. AUTHORITY AND REFERENCE Authority:

Section 56100, Education Code. References: Sections 46146, 46201 and 56345, Edu- cation Code and Title 34 Code of Federal Regulations (C.F.R.)

Section 300.106. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The CDE proposes amendments to California Code of Regulations (CCR)

Section 3043(

d) to align Extend- ed School Year (ESY) programs with current instruc - tional time requirements as established in California Education Code sections 46201 and 46146. These sec- tions define the minimum instructional time for vari - ous grade levels throughout the school year, ensuring consistency across educational programs. Currently, CCR

Section 3043(

d) mandates a min - imum of 20 instructional days for ESY programs. However, California Education Code sections 46201 and 46146 set forth instructional time requirements that govern general education and special education

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1516 programs but do not explicitly require a 20–day min - imum for ESY. The proposed amendment reduces the minimum instructional days for ESY from 20 to 15 while es - tablishing grade–specific instructional time require - ments.

This change is designed to: ● Align ESY programs with the broader instruc - tional standards set by the Education Code. ● Provide clarity and consistency in ESY program implementation statewide. ● Allow greater flexibility for local educational agencies (LEAs) in structuring ESY programs while ensuring compliance with instructional mandates. ● Support schools in efficiently planning and deliv- ering extended learning opportunities. Policy Statement Overview ● The proposed amendment to CCR

Section 3043(

d) seeks to enhance the efficiency and effectiveness of ESY program implementation by reducing the minimum instructional days from 20 to 15 and establishing grade–specific instructional time requirements. This change aligns ESY programs with California Education Code sections 46201 and 46146, ensuring consistency with state in - structional time standards while addressing ad - ministrative challenges faced by LEAs. Anticipated Benefits of the Proposed Regulation ● The proposed amendment to CCR

Section 3043(

d) is expected to provide several key ben - efits, particularly in enhancing the efficiency, ac- cessibility, and equity of ESY programs.

While the regulation change does not primarily focus on financial impact, it offers significant non–mone - tary benefits that contribute to the fair and effec - tive delivery of special education services across California. ○ By reducing the minimum instruction - al days from 20 to 15, the regulation helps remove barriers that may prevent students from accessing ESY services. ○ LEAs will be better equipped to offer con - sistent and reliable extended learning oppor- tunities, ensuring students with disabilities receive the support they need. ○ The elimination of frequent waiver requests will streamline the process for LEAs, allow- ing them to focus on service delivery rather than excessive administrative tasks. ○ The change allows for more efficient use of resources, helping educators maintain high–quality instruction within a manage - able and effective timeframe.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations An evaluation of the proposed regulations has deter- mined they are not inconsistent/incompatible with ex- isting regulations, pursuant to Government Code Sec- tion 11346.5(a) (3) (D). After conducting a review for any regulations that would relate to or affect this area of law, the SBE has concluded that these are the only regulations that concern the ESY regulation.

DISCLOSURES REGARDING THE PROPOSED ACTION/FISCAL IMPACT The SBE has made the following initial determinations: Other statutory requirements: There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations or class of regulations. Mandate on local agencies and school districts: None. Costs to any local agencies or school districts for which reimbursement would be required pursuant to

Part 7 (commencing with

section 17500) of division 4 of the Government Code: None. Cost or savings to any state agency: None. Other non–discretionary costs or savings imposed on local agencies, including local educational agen - cies: None. Costs or savings in federal funding to the state: None. Effect on housing costs: None. Significant, statewide adverse economic impact di - rectly affecting business including the ability of Cali - fornia businesses to compete with businesses in other states: None.

Cost impacts on a representative private person or businesses: The SBE is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Report required: The proposed regulations do not require a report to be made. Effect on small businesses: The proposed regula - tions would not have an effect on any small business - es because they apply only to local educational agen - cies (LEAs) by giving them additional flexibility in scheduling extended year programs for students with disabilities.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1517 RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment — Government Code

Section 11346.5(a) (10): The SBE concludes that it is unlikely that these proposed regulations will: 1) create or eliminate jobs within California; 2) create new businesses or elimi - nate existing businesses within California; or 3) affect the expansion of businesses currently doing business within California.

Benefits of the Proposed Action: The proposed regulations will benefit the health and welfare of California residents, by improving access to ESY services for students with disabilities, ensur - ing that instructional time aligns with state standards while providing greater flexibility for LEAs to effec - tively administer ESY programs. This amendment supports student learning continuity, reduces admin - istrative burdens, and enhances the overall efficiency of special education service delivery. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a) (13), the SBE must determine that no rea - sonable alternative it considered or that has other - wise been identified and brought to the attention of the SBE, would be more effective in carrying out the purpose for which the action is proposed, 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 other provision of law.

The SBE invites interested persons to present state - ments or arguments with respect to alternatives to the proposed regulations during the written comment period. CONTACT PERSONS Inquiries concerning the content of these proposed regulations should be directed to: Denise Lambert, Special Education California Department of Education 1430 N Street, Room 2401 Sacramento, CA 95814 Telephone: 916–319–0417 Email: DLambert@cde.ca.gov Inquiries concerning the regulatory process may be directed to Lorie Adame, Regulations Coordinator, or the backup contact person, Gerri White, Analyst.

The Regulations Coordinator and the Analyst may be reached by email at regulations@cde.ca.gov or by telephone at 916–319–0860. AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND INFORMATION As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulations, the Initial State - ment of Reasons (ISOR), the agenda and a recording of the SBE meeting where the SBE approved com - mencement of this rulemaking activity, and Fiscal and Economic Impact Statement (STD. 399).

These docu- ments upon which the proposed action is based may be obtained upon request from the Regulations Coordi - nator. In addition, this Notice, the text of the proposed regulations and the ISOR may also be viewed on the CDE website at http://www.cde.ca.gov/re/lr/rr/. AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SBE may adopt the proposed regulations substantially as de - scribed in this Notice or may modify the proposed regulations if the modifications are sufficiently relat - ed to the original text.

With the exception of techni - cal or grammatical changes, the full text of any mod - ified regulation will be available to the public for at least 15 days prior to its adoption from the Regulations Coordinator and will be mailed to those persons who submit written comments related to this regulation, or who provide oral testimony at the public hearing, or who have requested notification of any changes to the proposed regulations.

If individuals want to be noti - fied of additional changes for only these proposed reg- ulations, a written request should be sent to the Regu - lations Coordinator at the contact information above. The SBE will accept written comments on the mod - ified regulations for 15 days after the date on which they are made available. AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE You may obtain a copy of the Final Statement of Reasons, once it has been finalized, by making a writ- ten request to the Regulations Coordinator.

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 Regulations Coordinator.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1518 AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regula - tions with modifications highlighted, as well as the Fi- nal Statement of Reasons, when completed, and mod- ified text, if any, can be accessed via the CDE website at http://www.cde.ca.gov/re/lr/rr/. DISAPPROV AL DECISION DEPARTMENT OF SOCIAL SERVICES DECISION OF DISAPPROVAL OF REGULATORY ACTIONS Printed below is the

summary of an Office of Administrative Law disapproval decision. The full text of disapproval decisions are available on OAL ’s website at https://oal.ca.gov/publications/ disapproval_decisions/ or by contacting our Reference Attorney at staff@oal.ca.gov or (916) 323-6815 or by mail to Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814. Please re - quest by OAL file number. State of California Office of Administrative Law In re: Department of Social Services Regulatory Action: Manual of Policies and Procedures Adopt sections: 51–001, 51–010, 51–101, 51–110, 51–120, 51–130, 51–140 Amend sections: 40–107 Government Code

Section 11349.3 OAL Matter Number: 2025–1001–01 OAL Matter Type: Regular (

S) SUMMARY OF REGULATORY ACTION In this regulatory action, the Department of Social Services (Department) proposes to add sections to its Manual of Policies and Procedures (MPP) to establish the Home Visiting Program (HVP). The regulations set forth

definitions, county responsibilities, program eligibility and service requirements, and rules related to program participation. The regulations also address data collection. On October 1, 2025, the Department submitted the above–referenced regulatory action to the Office of Administrative Law (OAL) for review. On November 13, 2025, OAL notified the Department that OAL dis- approved the proposed regulatory action pursuant to the Administrative Procedure Act (APA). This Deci - sion of Disapproval of Regulatory Action explains the reasons for OAL ’s action. DECISION OAL disapproved the action because the proposed regulatory changes failed to comply with the clarity standard of Government Code

section 11349.1, subdi- vision (a) (3). CONCLUSION For the foregoing reasons, OAL disapproved the above–referenced regulatory action. Pursuant to Gov - ernment Code

section 11349.4, subdivision (a), the Department may resubmit revised regulations within 120 days of its receipt of this Decision of Disapprov - al of Regulatory Action. A copy of this Decision will be emailed to the Department on the date indicated below. The Department must make any substantive regu - latory text changes, which are sufficiently related to the originally noticed text, available for public com - ment for at least 15 days pursuant to subdivision (

c) of Government Code

section 11346.8 and

section 44 of title 1 of the CCR. Any objections or recommen - dations raised by the public during the 15–day public comment period must be summarized and responded to in the Final Statement of Reasons. The Department must resolve all issues raised in this Decision of Dis - approval of Regulatory Action prior to the resubmittal of this regulatory action. If you have any questions, please do not hesitate to contact me at (916) 323–6824. Date: November 20, 2025 /s/ Thanh Huynh Senior Attorney For: Kenneth J. Pogue Director Original: Kim Johnson, Director Copy: Kenneth Jennings

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

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1519 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.

Department of State Hospitals File # 2025–1030–04 Contraband Disposition Regulation This Certificate of Compliance action by the De - partment of State Hospitals further amends and makes permanent the regulations adopted in OAL Mat - ter Nos. 2024–1202–03ER, 2025–0527–02EE, and 2025–0818–02EE which address the disposing of con- traband by defining terms and prescribing the methods to dispose of contraband seized on hospital grounds based on the characteristics of the item seized.

Title 09 Adopt: 4354, 4354.1 Filed 12/02/2025 Effective 12/02/2025 Agency Contact: Anna Libonati (916) 654–2478 Department of Resources Recycling and Recovery File # 2025–1120–02 Covered Battery — Embedded Products Recycling Fee In this emergency action, the Department of Re - sources Recycling and Recovery sets a covered battery–embedded waste recycling fee at 1.5 percent of the retail sales price with a cap of $15 for the fee.

Title 14 Amend: 18660.40 Filed 12/01/2025 Effective 01/01/2026 Agency Contact: Emma Cervantes (916) 341–6274 Board of Chiropractic Examiners File # 2025–1015–02 Align Fee Amounts with Fixed Fee

Schedule in Statute This action by the Board of Chiropractic Examin - ers makes changes without regulatory effect to align fee amounts with those set by Senate Bill 1434 (Stats. 2022,

chapter 623).

Title 16 Amend: 310.1, 317.1, 323, 360, 367.5, 367.10, 370 Filed 12/01/2025 Agency Contact: Kristin Walker (916) 574–7784 Commission on Peace Officer Standards and Training File # 2025–1017–01 Peace Officer Background Investigation This change without regulatory effect by the Com - mission on Peace Officer Standards and Training au - thorizes specified credential evaluation services to evaluate the equivalency of a foreign college or uni - versity degree for purposes of satisfying the minimum education requirements in accordance with a statutory change made by Assembly Bill 992 (Stats. 2025, chap- ter 175).

Title 11 Amend: 1953 Filed 12/03/2025 Agency Contact: Kelli Surawski (916) 894–9523 Contractors State License Board File # 2025–1020–01 Review of Application In this action without regulatory effect, the Con - tractors State License Board amends regulations to use gender neutral language and to amend regulations related to minimum, median, and maximum applica - tion processing times that were adopted to meet the requirements of the Permit Reform Act of 1981. The Permit Reform Act was repealed in 2003 (A.B. 1757 (Stats. 2003,

Chapter 229,

section 1.8)). Title 16 Amend: 827, 828 Filed 12/02/2025 Agency Contact: Tracy Brazil (916) 255–4633 Board of Forestry and Fire Protection File # 2025–1015–04 Watercourse Crossings and Emergency Notice Water- course Crossing Requirements, 2025 This action, with respect to watercourse crossings and related emergency notices, removes the condi - tion of Fish and Game Code approval for planning and constructing logging roads or landings.

With respect to emergency timber operations, this action (1) adds mapping requirements for tractor road crossings and logging road watercourse crossings that will be con - structed or reconstructed; and (2) requires the regis - tered professional forester (RPF) to (

a) certify that the forestry plan complies with related conservation stat - utes; and (

b) issue certain notices and to furnish and update certain data regarding construction or recon - struction of watercourse crossings.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1520 Title 14 Amend: 916.9, 923.1, 923.4, 936.9, 943.1, 943.4, 956.9, 963.1, 963.4, 1052 Filed 12/01/2025 Effective 01/01/2026 Agency Contact: Jane Van Susteren (916) 619–9795 California Department of Tax and Fee Administration File # 2025–1021–02 Calculation of Estimated Use Tax — Use Tax Table This regular rulemaking action by the Cali - fornia Department of Fee and Tax Administra - tion (“Department”) amends

section 1685.5 of title 18 of the California Code of Regulations (“CCR”).

Specifically, this action amends the percentage of Cali- fornia consumers’ total purchases of tangible personal property for use in California that are made from out– of–state retailers that are not registered with the De - partment to collect use tax that the Department uses to annually calculate the use tax liability factor, replaces the federal data the Department uses to annually cal - culate total spending on taxable purchases with other federal data and a taxable percentage, and updates the way the Department annually calculates the average state, local, and district sales and use tax rate that the Department uses to calculate the use tax liability factor.

This action also removes outdated provisions and makes grammatical changes to make provisions read more clearly. Title 18 Amend: 1685.5 Filed 11/26/2025 Effective 01/01/2026 Agency Contact: Kim DeArte (916) 309–5227 Commission on Teacher Credentialing File # 2025–1016–01 PK–3 ECE Specialist Instruction Credential U.S. Constitution Requirements This regular rulemaking adds the verification of knowledge of the United States Constitution require - ment as the sixth minimum requirement for appli - cants seeking to obtain the preliminary PK–3 Ear - ly Childhood Education (ECE) Specialist Instruction credential.

Title 05 Amend: 80067 Filed 11/26/2025 Effective 01/01/2026 Agency Contact: Mika Laidler–Rubio (916) 327–8697 Medical Board of California File # 2025–1015–01 Fees for Petitions for Penalty Relief In this rulemaking action, the Board adopts a regula- tion to establish an initial nonrefundable fee to process a petition for modification or termination of probation, an initial nonrefundable fee to process a petition for reinstatement of a revoked or surrendered certificate, and a remaining fee required to cover reasonable costs to process and adjudicate a petition for penalty relief.

The Board also amends a regulation to describe the process for filing a petition for penalty relief.

Title 16 Filed 12/01/2025 Effective 04/01/2026 Agency Contact: Kerrie Webb (916) 263–2389 Medical Board of California File # 2025–1015–01 Fees for Petitions for Penalty Relief In this rulemaking action, the Board adopts a regula- tion to establish an initial nonrefundable fee to process a petition for modification or termination of probation, an initial nonrefundable fee to process a petition for reinstatement of a revoked or surrendered certificate, and a remaining fee required to cover reasonable costs to process and adjudicate a petition for penalty relief.

The Board also amends a regulation to describe the process for filing a petition for penalty relief. Title 16 Adopt: 1352.3 Amend: 1359 Filed 12/01/2025 Effective 04/01/2026 Agency Contact: Kerrie Webb (916) 263–2389 San Francisco Bay Conservation and Development Commission File # 2025–1014–05 Amendment of SF Waterfront Special Area Plan, a Part of SF Bay Plan This rulemaking action pursuant to Government Code

section 11354.1 by the San Francisco Bay Con - servation and Development Commission amends the San Francisco Waterfront Special Area Plan to re - vise geographic–specific findings and policies that pertain to Fisherman’s Wharf and the Northeastern Waterfront. Title 14 Amend: 11960 Filed 11/26/2025 Effective 11/26/2025 Agency Contact: Amanda Boyd (415) 352–3643

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 50–Z 1521 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quar - ter. For additional information on actions taken by OAL, please visit oal.ca.gov.