California Regulatory Notice Register — Register 2024, No. 39-Z (SEPTEMBER 27, 2024)

Cal. Reg. Notice Reg. 2024, No. 39

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 39–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW SEPTEMBER 27, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. STATE AUDITOR’S OFFICE Conflict–of–Interest Code — Notice File Number Z2024–0916–03 ........................................ 1279 TITLE 4. HORSE RACING BOARD Prohibit Manipulation of Ear to Control Horse — Notice File Number Z2024–0916–01 ....................... 1279 TITLE 5.

STUDENT AID COMMISSION Conflict–of–Interest Code — Notice File Number Z2024–0913–01 ........................................ 1282 TITLE 14.

DEPARTMENT OF FISH AND WILDLIFE Expand Retrieval of Lost or Abandoned Commercial Dungeness Crab Taps — Notice File Number Z2024–0917–02 ................................................................................ 1285 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA Consistency Determination Request for Well Wagenet 5 Restoration Project 2080–2024–016–03, Solano County .................................................................................. 1288 DEPARTMENT OF FISH AND WILDLIFE CESA Consistency Determination Request For 9451 Batchelder Road Cannabis Consistency Determination 2080–2024–015–05, Santa Barbara County .......................................................... 1289 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2024–147–001–R3, Richmond Ranch Reserve Pond 1 Desedimentation and Restoration Project, Santa Clara County ........................................... 1290 (Continued on next page)

PETITION DECISIONS FISH AND GAME COMMISSION Regarding Petition to Remove Hope Valley Wildlife Area from the California Department of Fish and Wildlife Lands Pass Program ............................................................................. 1292 FISH AND GAME COMMISSION Regarding Petition to Amend Fishing Regulations for Commercial Take of Red Sea Urchin on the Central Coast of California .............................................................................. 1292 FISH AND GAME COMMISSION Regarding Petition to Allow Recreational Angers to Denote Fish to Non–Profits Under a Sport–Caught Fish Exchange ................................................................................. 1293 FISH AND GAME COMMISSION Regarding Petition to Authorize Recreational Take of Groundfish Inside 50 Fathoms Using Non–Motorized Vessels or Watercraft with Mandatory Descending Devices .............................................. 1293 FISH AND GAME COMMISSION Regarding Petition to Amend Recreational Groundfish Regulations to Require the Use of Descending devices To Protect Groundfish Stocks ...................................................................... 1294 FISH AND GAME COMMISSION Regarding Petition to Authorize a Recreational Fishery for White Sturgeon as a Candidate Species Under the California Endangered Species Act ................................................................. 1294 DEPARTMENT OF PUBLIC HEALTH Regarding Petition for Congregate Health Facilities to Offer Home Hemodialysis to Dialysis Patients ........... 1295 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH AND HAZARD ASSESSMENT Announcement of the Developmental and Reproductive Toxicant Identification Committee Meeting Scheduled for December 12, 2024; Notice of Availability of Hazard Identification Materials for Bisphenol S (BPS) ............. 1296

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1297 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 39–Z 1279 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 AUDITOR’S OFFICE NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California State Auditor’s Office, pursuant to the authority vest - ed 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 September 28, 2024 and closing on November 12, 2024. All inquiries should be directed to the contact listed below. The California State Auditor’s Office proposes to amend its conflict–of–interest code to include employ- ee positions that involve the making or participation in the making of decisions that may foreseeably 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: ● The addition of two new classifications to the list of designated positions. ● Updating two designated position titles to cor - rectly reflect the classification titles. ● Nonsubstantive, clarifying changes to the disclo - sure categories. ● Other technical changes. Information on the code amendment is available on the agency’s intranet site and/or attached to this email.

Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than November 12, 2024, or at the conclusion of the public hearing, if requested, which - ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than October 28, 2024. The California State Auditor’s Office 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 and any communication required by this notice should be directed to: Brianna Behnoud, Staff Services Manager I, (916) 445–0255, regulations@auditor. ca.gov TITLE 4.

HORSE RACING BOARD PROPOSED AMENDMENT OF RULE 1693, CONTROL OF HORSES AND JOCKEYS ON ENTERING THE TRACK The California Horse Racing Board (Board) pro - poses to amend the regulation described below after considering all comments, objections, and recommen- dations regarding the proposed action. PROPOSED REGULATORY ACTION The Board proposes to amend Board Rule 1693, Control of Horses and Jockeys on Entering the Track, to define manipulation of the ear, prohibit manipula - tion of the ear for purposes of controlling a horse, and subject the practice to a fine and/or suspension.

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. WRITTEN COMMENT PERIOD Any interested persons, or their authorized repre - sentative, may submit written comments about the proposed regulatory action to the Board. The written comment period closes on November 11, 2024. The

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1280 Board must receive all comments by that time. Submit comments to: Mikayla Triffo, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263–6008 Email: mntriffo@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19420, 19440, and 19562, Business and Professions Code (BPC). Reference: Sections 19440 and 19562, BPC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 19420 provides that jurisdiction and su- pervision over meetings in California where horse rac- es with wagering on their results are held or conduct - ed, and over all persons or things having to do with the operation of such meetings, is vested in the Board. BPC

section 19440 provides that the Board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of Horse Racing Law, whereby responsibilities of the Board shall in - clude, but not be limited to, adopting rules and regula- tions that protect and advance the health, safety, wel - fare, and aftercare of racehorses. BPC

section 19562 provides that the Board may prescribe rules, regula - tions, and conditions, consistent with Horse Racing Law, under which all horse races with wagering on their results shall be conducted. Assistant starters at times employ the practice of manipulating a horse’s ears in order to gain control over the horse. While it may be effective, the Board deems this practice as potentially harmful to the horse’s health and welfare. Therefore, the Board seeks to amend Board Rule 1693 to address the issue.

Currently, Board Rule 1693, in part, provides that horses are under the control of the starter from the time they enter the track until dispatched at the start of the race and that, with the sanction of the starter, may be led to its position in the gate by an assistant starter, and the assistant may enter the gate to handle a fractious horse.

The proposed amendment will prohib- it the assistant starter from manipulating the horse’s ears when handling the horse in the gate and impose a fine and/or suspension on the individual for violation of the rule, which will discourage the behavior, and, thereby, protect the health and welfare of the horse. ANTICIPATED BENEFIT OF THE PROPOSED REGULATION By prohibiting the practice of assistant starters ma - nipulating a horse’s ears to gain control over the horse in the gate, the proposed regulation will help prevent unnecessary harm to the horse and, thereby, protect its health and welfare.

CONSISTENCY EVALUATION Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of de - veloping the regulatory action, the Board conducted a search of any similar regulations on the topic and concluded that Board Rule 1693 is the only regula - tion that concerns the control of a horse upon entering the track until dispatched at the start of a race and, namely, the handling of a fractious horse in the gate.

Additionally, the proposed amendment is the only reg- ulation that defines manipulation of the ear, prohibits manipulation of the ear for purposes of controlling a horse, and subjects the practice to a fine and/or sus - pension. Accordingly, the proposed regulatory action is neither inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none. Cost or savings to any state agency: none.

Cost to local agencies and school districts that must be reimbursed in accordance with Government Code (GC) sections 17500 through 17630: none. Other non–discretionary cost or savings imposed upon local agencies: none. Cost or savings in federal funding to the state: none.

The Board has made an initial determination that the proposed regulatory action will not have a sig - nificant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, as the proposed regulatory action will merely define manipulation of the ear, prohibit manipulation of the ear for purposes of controlling a horse, and subject the practice to a fine and/or suspension. The following studies/relevant data were relied upon in making the above determination: none.

Cost impact on representative private persons or businesses: none. The Board is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action. Significant effect on housing costs: none.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1281 RESULTS OF THE ECONOMIC I M PACT A NA LYSIS The adoption of the proposed regulatory action will not create or eliminate jobs within the state, will not create new businesses or eliminate existing business - es within the state, will not result in the expansion of businesses currently doing business with the state, and will not benefit the health and welfare of California residents, worker safety, or the state’s environment. Effect on small business: none.

The proposed reg - ulatory action does not affect small business because small businesses are not legally required to comply with or enforce the regulation and neither derive a benefit nor incur a detriment from the enforcement of the regulation. The proposed regulatory action will define manipulation of the ear, prohibit manipulation of the ear for purposes of controlling a horse, and sub- ject the practice to a fine and/or suspension. CONSIDERATION OF ALTERNATIVES In accordance with GC

section 11346.5, subdivision (a) (13), the Board must determine that no reasonable alternative considered by the Board or that has oth - erwise been identified and brought to the attention of the Board 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 Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other infor- mation upon which the rulemaking is based should be directed to: Mikayla Triffo, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263–6008 Email: mntriffo@chrb.ca.gov If the person named above is not available, inter - ested parties may contact: Sandra Shinn, Manager Regulations and Industry Applications Unit Telephone: (916) 869–3255 Email: skshinn@chrb.ca.gov AVAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its offices at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, and the initial state - ment of reasons. Copies of these documents, or any of the information upon which the proposed rulemak - ing is based, may be obtained by contacting Mikayla Triffo or the alternative contact person at the address, phone number, or email address listed above.

AVAILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice. If modifications are made that are suffi - ciently related to the originally proposed text, the modified text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulation. Requests for copies of any modified regulation should be sent to the attention of Mikayla Triffo at the address stated above.

The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available. AVAILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of reasons, which will be made available after the Board has ad - opted the proposed regulation in its current or modi - fied form, should be sent to the attention of Mikayla Triffo at the address stated above. BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its website.

The rulemaking file consists of this no - tice, the proposed text of the regulation, and the initial statement of reasons. The Board’s website address is www.chrb.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1282 TITLE 5. STUDENT AID COMMISSION AMEND

ARTICLE 6,

SECTION 30060 AND APPENDIX, CALIFORNIA CODE OF REGULATIONS NOTICE IS HEREBY GIVEN that the California Student Aid Commission (Commission) proposes to adopt the proposed amended regulations described below after considering all comments, objections, or recommendations regarding the proposed action. PUBLIC HEARING A public hearing regarding this proposal is current - ly not scheduled. However, any interested person or duly authorized representative may request, no later than 15 days before the close of the written comment period that a public hearing be scheduled.

WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS Notice is also given that any interested person, or their authorized representative, may submit written comments relevant to the proposed regulatory action to: California Student Aid Commission Attention: Synequeen Alasa–as, Legal Services P. O. Box 419026 Rancho Cordova, CA 95741 Comments may also be submitted by facsimile (FAX) at (916) 464–6411 or by Email to Rulemaking@ csac.ca.gov. The public comment period for this reg - ulatory action will begin on Friday, September 13, 2024. Comments must be submitted by Tuesday, November 19, 2024, to be considered.

AUTHORITY AND REFERENCE This document presents the Commission’s proposed amended regulations to the Commission’s Conflict– of–Interest Code, California Code of Regulations

section 30060, in accordance with the provisions of the Political Reform Act, Government Code Sections 87300–87314, specifically 87300 and 87306, which re- quire state agencies to develop and amend a Conflict– of–Interest Code. Conflict–of–Interest Code provisions were initial - ly adopted and established within Government Code

Section 87100 et seq. (Chapter 7 added June 4, 1974, by initiative Proposition 9). The Political Reform Act was a voter–approved initiative on the 1974 primary election ballot. The Political Reform Act required, in- ter alia, the truthful and accurate disclosure of cam - paign contributions and expenditures during elec - tions. The Fair Political Practices Commission is the independent, nonpartisan state agency authorized to implement, interpret, and enforce the provisions of the Political Reform Act.

The Political Reform Act is contained in Government Code Sections 81000–91014 and California Code of Regulations Title 2, Division 6, Sections 18110–18997. Pursuant to Government Code Sections 87300 and 87306, the Commission developed the proposed amended Conflict–of–Interest Code for California Code of Regulations

Section 30060. The Political Reform Act includes express regu - latory authority for the Commission to amend the proposed regulations, as Conflict–of–Interest Codes are subject to the Administrative Procedure Act. See Government Code

Section 87311. Government Code

section 87300 provides: Every agency shall adopt and promulgate a Conflict–of–Interest Code pursuant to the pro - visions of this article. A Conflict–of–Interest Code shall have the force of law and any viola- tion of a Conflict–of–Interest Code by a desig - nated employee shall be deemed a violation of this chapter. In addition, Government Code

section 87306 provides: (

a) Every agency shall amend its Conflict–of– Interest Code, subject to the provisions of Sec - tion 87303, when change is necessitated by changed circumstances, including the creation of new positions which must be designated pur- suant to subdivision (

a) of

Section 87302 and relevant changes in the duties assigned to ex - isting positions. Amendments or revisions shall be submitted to the code reviewing body within 90 days after the changed circumstances neces- sitating the amendments have become appar - ent. If after nine months following the occur - rence of those changes the Conflict–of–Interest Code has not been amended or revised, the su- perior court may issue any appropriate order in an action brought under the procedures set forth in

Section 87305. (

b) Notwithstanding subdivision (a), every state agency shall submit to the code reviewing body a biennial report identifying changes in its code, including, but not limited to, all new po - sitions designated pursuant to subdivision (

a) of

Section 87302, changes in the list of report - able sources of income, and relevant chang - es in the duties assigned to existing positions. These reports shall be submitted no later than March 1 of each odd–numbered year. The proposed amended regulations discussed in this document were developed by staff to imple -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1283 ment and comply with the statutory provisions of the Government Code. The Commission staff complied with the Fair Political Practices Commission’s process and procedure to amend its Conflict–of–Interest Code and received approval from the Fair Political Practices Commission. The proposed draft amended regula - tions developed by staff are shown in “Appendix A: Proposed Amended Regulations.” INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW As described above, the proposed amended reg - ulations is to comply with the Political Reform Act, Government Code

Section 87306, which requires a state agency to amend its Conflict–of–Interest Code when “necessitated by changed circumstances,” such as the creation of new positions that are subject to the Conflict–of–Interest Code, as provided for in Government Code

Section 87303. The proposed amended regulations include up - dates to the incorporations page including refining language establishing the Commission’s Conflict– of–Interest Code. It includes the Executive Director and Commissioners as part of the established filers, and that all Conflict–of–Interest Code statements are retained at the Commission for review upon request.

The Designated Positions and Disclosure Categories changes include structural alignment to the current organizational chart and assignments, updating posi - tion titles and new positions and added new categories such as auditors, IT staff and business services con - tract staff. All sections have been updated to remove references to EdFund.

Objectives and Benefits of the Proposed Regulation As previously noted, proposed amended regulations will support effective administration of the Conflict– of–Interest Code provisions of the Political Reform Act, which is enforced by the California Fair Political Practices Commission, whose “objectives are to ensure that public officials act in a fair and unbiased manner in the governmental decision–making process, to pro- mote transparency in government, and to foster public trust in the political system.” 1 This regulatory amend- ment will ensure that the Commission remains in eth - ical and legal alignment with the Political Reform Act and the Fair Political Practices Commission.

Evaluation of Inconsistency or Incompatibility with Existing State Regulations After conducting a review of any related regulations in this area, the Commission has determined that no other regulations exist concerning the Conflict–of– Interest Code. Therefore, the proposed amended regu- 1 https://www.fppc.ca.gov/. lations are neither inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Commission has made the following initial determinations: Mandate on Local Agencies and School Districts : None.

Fiscal Impact Estimates: This proposal does not impose costs on any local agency or school district for which reimbursement would be required pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. This proposal does not impose other nondiscre- tionary costs or savings on local agencies. This pro - posal does not result in any cost or savings in federal funding to the state. With respect to potential costs or savings to State agencies, the California Student Aid Commission may incur minor absorbable costs rela- tive to preparing the proposed amended regulations. Housing Cost: None.

Cost Impact on Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Other Business Impacts: The Commission has determined the proposed amended regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California business - es to compete with businesses in other states. The proposal would impose no costs upon business.

The proposal does not affect small businesses as defined by California Government Code

section 11342.610. This proposal would not affect private sector or small business as defined by California Government Code

section 11342.610. Cost or Savings in Federal Funding to the State: None. Results of the Economic Impact Analysis: The proposed amended regulations are to provide an updated Conflict–of–Interest Code. The purpose of the amended Conflict–of–Interest Code is for pub - lic officials and public employees to comply with the Political Reform Act and Fair Political Practices Commission. As such, the proposed amended regu- lations place no new or substantial requirements on businesses, individuals, or government agencies with- in California. The proposed amended regulations are not expected to create or eliminate any jobs within the state. The

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1284 proposed amended regulation is not expected to create new businesses or eliminate existing businesses with - in the state or cause an expansion to businesses cur - rently doing business within the state. Therefore, the proposed amended regulations have no potential for adverse economic or fiscal impact. Furthermore, there is no significant statewide adverse economic impact directly affecting businesses, including California businesses’ ability to compete with businesses in other states or on representative private persons.

The benefits of this amended regulation, as discussed above, will ensure that the Commission remains in ethical and legal alignment with the Political Reform Act and the Fair Political Practices Commission. The amended regulation is not expected to directly impact California residents’ health and welfare, worker safe - ty, or the state’s environment. FEDERAL MANDATE The proposed amended regulation would only apply within California and specifically to public officials of the Commission.

The provisions of the proposed amended regulations would neither affect nor conflict with any federal regulations, or federal education and programs.

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reason - able 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 Commission invites interested parties to submit statements or arguments with respect to alternatives to the proposed regulatory action during the written comment period or at the public hearing.

CONTACT PERSONS Inquiries concerning the proposed adoption of the amended regulations and written comments may be directed to: Synequeen Alasa–as California Student Aid Commission 11120 International Drive, Suite. 100 Rancho Cordova, CA 95670 Telephone: (916) 464–6411 Fax: (916) 464–6411 Email: salasa–as@csac.ca.gov The back–up contact person for these inquiries is: Anna Manuel California Student Aid Commission 11120 International Drive, Suite. 100 Rancho Cordova, CA 95670 Telephone: (916) 464–8135 Fax: (916) 464–8135 Email: amanuel@csac.ca.gov AVAILABILITY OF THE STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Commission will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office listed at the ad - dress above.

As of the date this notice is published, the rulemaking file consists of this notice, the pro - posed text of amended regulations, the initial state - ment of reasons, an economic and fiscal analysis, and other reference information upon which the proposed rulemaking is based. Copies may be obtained by mak- ing a written request to Synequeen Alasa–as. These documents may also be viewed and downloaded from the Commission’s Web site at https://www.csac.ca.gov/proposed–regulations– rulemaking–documents .

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Commission may adopt the proposed amended regulations substantially as described in this notice. If the Commission makes modifications which are sufficiently related to the originally proposed text, it will make the modified text, with changes clearly in- dicated, available to the public for at least 15 days be- fore the Commission adopts the amended regulations as revised. Please send requests for copies of any mod- ified regulations to the attention of Synequeen Alasa– as at the above address.

The Commission 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 making a written request to Synequeen Alasa–as at the above address. WEBSITE ACCESS Materials regarding this proposal can be found at https://www.csac.ca.gov/proposed–regulations– rulemaking–documents .

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1285 TITLE 14. DEPARTMENT OF FISH AND WILDLIFE AMEND

SECTION 132.2 RE: EXPAND RETRIEVAL OF LOST OR ABANDONED COMMERCIAL DUNGENESS CRAB TRAPS NOTICE IS HEREBY GIVEN that the Department of Fish and Wildlife (Department) proposes to amend

Section (§) 132.2, Title 14, California Code of Regulations (CCR) to improve and expand opportu - nities for retrieval of lost, damaged, abandoned, or otherwise derelict commercial Dungeness crab traps (hereafter “lost or abandoned traps”). The purpose of this proposed regulatory change is to continue exist - ing regulations put in place by emergency action (OAL #2024–0301–01E and 2024–0826–02EE) by way of a certificate of compliance regular rulemaking.

The Department’s proposed action would add a new requirement that retrieving vessel operators document why they believe traps are derelict and subject to re - trieval, establish an enhanced reporting requirement to track locations and amount of derelict gear for man- agement and law enforcement purposes, specify that vessel operators retrieving traps may not possess more than six retrieved traps on board when transiting open Fishing Zones, and specify that the Director can au - thorize the retrieval of an unlimited number of derelict traps during a fishery closure or season delay.

After consideration of all public comments, objec - tions, and recommendations regarding the proposed action, the Department may adopt the proposed regulations.

PUBLIC HEARING A virtual public hearing is scheduled by as follows: Date: Tuesday, November 12, 2024 Time: 10 a.m. to 12 p.m. (meeting details will be made available on the Whale Safe Fisheries Page at least seven days in advance of the meeting: wildlife.ca.gov/Conservation/Marine/ Whale–Safe–Fisheries) Location: Teleconference and Webinar At the public hearing, any person may present state- ments or arguments orally or in writing relevant to the proposed action described in the Informative Digest.

The Department requests, but does not require, that the 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 his or her authorized representative, may submit written comments on the proposed action to the Department. All written com - ments must be received by the Department via mail, or Email, no later than Tuesday, November 12, 2024, to the contact as follows: California Department of Fish and Wildlife Regulations Unit Attention: Chelle Temple–King, Sr. Environmental Scientist P.O.

Box 944209 Sacramento, CA 94244–2090 Email: Regulations@wildlife.ca.gov INFORMATIVE DIGEST/ POLICY STATEMENT OVERVIEW Up to 4,000 commercial Dungeness crab traps are lost during each fishing season and pose a risk of en - tangling marine life, including endangered species such as humpback whales, blue whales, and leather - back sea turtles. In their current form, the two reg - ulatory provisions allowing for retrieval of lost or abandoned commercial Dungeness crab traps (§ 132.2 and § 132.7, Title 14, CCR) do not provide sufficient opportunity for trap retrieval.

The Department and the California Dungeness Crab Fishing Gear Working Group have identified a need to improve and expand retrieval of lost or abandoned traps to avoid entangle - ments of endangered species. Between 2020 and 2024, at least 12 humpback whales and one leatherback sea turtle have been en - tangled with California commercial Dungeness crab traps, with an additional 18 humpback whales report - ed as entangled in unidentified gear which could have originated from the California commercial Dungeness crab fishery.

This is despite the Department’s man - agement under the Risk Assessment and Mitigation Program (RAMP; § 132.8, Title 14, CCR), through which the Department has imposed season delays, early closures, depth constraints, and reductions in allowable traps to limit entanglements of endangered species.

The high number of recent entanglements also hinders progress towards California’s goal of zero entanglement mortality and could jeopardize fu - ture issuance of an Incidental Take Permit under the federal Endangered Species Act for the commercial Dungeness crab fishery, which would further reduce fishing opportunities for coastal communities. On February 22, 2024, the Department proposed an emergency action amending § 132.2 which allowed permitted Dungeness crab vessels to retrieve an un - limited number of lost, damaged, abandoned, or oth -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1286 erwise derelict traps as authorized by the Department Director. The Department adopted the emergency reg- ulations on March 8, 2024, submitted for re–adoption of the emergency regulations (OAL file # 2024–0826– 02EE), and plans to undertake a second readoption in early December 2024. In parallel, the Department is undertaking this certificate of compliance action to adopt the emergency regulations as a standard regula- tion.

In addition, the Department proposes the follow- ing changes to § 132.2: ● Add a new requirement that retrieving vessel op - erators document why they believe the traps are derelict and subject to retrieval. ● Establish an enhanced reporting requirement to track the locations and amount of derelict gear for management and law enforcement purposes. ● Specify that vessel operators retrieving traps may not possess more than six retrieved traps on board when transiting open Fishing Zones. ● Specify that the Director can authorize the re - trieval of an unlimited number of derelict traps during a fishery closure or season delay.

Goals and Benefits of the Proposed Regulations This proposed certificate of compliance action will continue expanded opportunities for commer - cial Dungeness crab vessels to retrieve derelict traps which could otherwise entangle marine life, includ - ing endangered species such as humpback whales, blue whales, and leatherback sea turtles. Prompt and widespread removal of derelict traps, particularly in areas which have closed under § 32.8 due to elevated entanglement risk, will prevent harm to endangered species.

Entanglements also impact the commer - cial Dungeness crab fishery, which will be subject to lost fishing opportunity from additional restrictions during future fishing seasons. By expanding oppor - tunities for commercial Dungeness crab vessels to retrieve derelict traps, the proposed regulations will benefit both endangered species and California’s highly valuable commercial Dungeness crab fishery (Dungeness Crab Enhanced Status Report, 2023) and support the Department’s application for an Incidental Take Permit (ITP) under § 10(a) (1) (

B) of the federal Endangered Species Act for the take of marine mam - mals by the commercial Dungeness crab fishery. The proposed certificate of compliance action will complement other methods for retrieving derelict traps, including the Trap Gear Retrieval Program established pursuant to Fish and Game Code (FGC)

Section 9002.5. Implementing regulations in § 132.7 were effective as of September 2019, with retrieval op- erations beginning in 2020. Under the program, up to 14% of lost or abandoned traps have been recovered annually; however, waning interest and low participa- tion during the 2023 and 2024 retrieval season has re- duced effectiveness of this program. The Department is in the early stages of scoping potential changes to § 132.7 which are expected to enhance participation. In the interim, the proposed regulations will ensure a viable pathway for derelict gear retrieval.

Consistency and Compatibility with Existing Regulations The Legislature has delegated to the Department the power to adopt regulations governing aspects of the Dungeness crab fishery (FGC § 8276.5 and § 9002.5). No other state agency has the authority to adopt regulations governing Dungeness crab fishing gear. The Department has reviewed its own regula - tions and finds that the proposed regulations are nei - ther inconsistent nor incompatible with existing state regulations. The proposed regulations are neither in - consistent nor incompatible with existing state regu - lations.

The Department has examined the CCR for other Dungeness crab regulations and has concluded that the proposed regulations are neither inconsistent nor incompatible with existing state regulations. AUTHORITY AND REFERENCE Authority: Sections 8276.5 and 9002.5, Fish and Game Code. Reference: Sections 8276.5 and 9002.5, Fish and Game Code. DOCUMENTS INCORPORATED BY REFERENCE NONE.

DOCUMENTS RELIED UPON ● California Ocean Protection Council Strategic Plan, February 26, 2020: https:// www.opc.ca.gov/webmaster/ftp/pdf/agenda_ items/20200226/OPC–2020–2025–Strategic– Plan–FINAL–20200228.pdf. ● Dungeness Crab Task Force Meeting

Summary, October 2022: https://opc.ca.gov/ wp–content/uploads/2009/04/DCTF_ MeetingSummary_20221025.pdf. ● Dungeness Crab, Metacarcinus magister , Enhanced Status Report, August 2023: https:// marinespecies.wildlife.ca.gov/dungeness–crab/ the–species/. ● Dungeness Crab Task Force Meeting

Summary, October 2023: https://opc.ca.gov/wp–content/ uploads/2023/12/DCTF_–DRAFT_Meeting–

Summary_Nov2–3_2023_508.pdf. ● Working Group Management Recommendation, January 10, 2024: https://nrm.dfg.ca.gov/ FileHandler.ashx?DocumentID=218636&inline.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1287 ● Draft Conservation plan for California’s Commercial Dungeness Crab Fishery, January 31, 2024: https://nrm.dfg.ca.gov/FileHandler. ashx?DocumentID=219843&inline. DISCLOSURES REGARDING THE PROPOSED ACTION: IMPACT OF THE REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (

a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California business - es to compete with businesses in other states. Lost or abandoned fishing gear may negatively impact the ecology, aesthetics, and navigability of the state’s wa- ter. Effective removal of these objects is expected to benefit the economy of the state. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The proposed action is not anticipated to result in the elimination of jobs or existing businesses as it will expand the current gear retrieval program and increase the opportunities for voluntary gear retrieval. The health and welfare of California residents and worker safety will not be directly impacted.

The State’s envi - ronment should be positively impacted by the removal of gear that could be hazardous to marine life. (

c) Cost Impacts on a Representative Private Person or Business: The agency 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. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: None. If the proposed action is effective at reduc - ing the number of non–target species entanglements, the Department may free time from entanglement re - sponse efforts. There should be no impact of federal funding to the State. (

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

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

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

Part 7 (commencing with

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

h) Effect on Housing Costs: None. Effect on Small Business The proposed regulation may affect small business. (See Addendum to STD. 399.). RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Department concludes that the proposed regu - lation will not create additional job opportunities; re - sult in the elimination of jobs or existing businesses, create new businesses, eliminate existing businesses, or expand businesses in the state. (

a) Effects of the Regulation on the Creation or Elimination of Jobs Within the State: The proposed action is not anticipated to induce the creation or elimination of jobs within the state as it is an expansion of voluntary retrieval opportunities, and no new personnel is required. (

b) Effects of the Regulation on the Creation of New Businesses or the Elimination of Existing Businesses Within the State: The proposed action is not anticipated to result in the creation or elimination of existing businesses. (

c) Effects of the Regulation on the Expansion of Businesses Currently Doing Business Within the State: The proposed action is not anticipated to result in the expansion of existing businesses. (

d) Benefits of the Regulation to the Health and Welfare of California Residents: The proposed action is not anticipated to directly benefit the health and welfare of California residents. (

e) Benefits of the Regulation to Worker Safety: The proposed action is not anticipated to directly benefit worker safety. (

f) Benefits of the Regulation to the State’s Environment: The program is anticipated to benefit the commer - cial Dungeness crab fishery by returning lost or aban - doned trap gear to fishermen at a cost lower than re - placing the gear.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1288 CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

AVAILABILITY OF RULEMAKING DOCUMENTS AND CONTACT PERSONS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Department website at https://wildlife. ca.gov/notices/regulations/. The proposed text (the “express terms”) of the reg - ulations, as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review at 715 P Street, Sacramento, CA 95814 (17th floor).

The rulemaking file will be available electronically upon request by contacting the Department at Regulations@wildlife.ca.gov. Inquiries concerning the regulatory process or requests for doc- uments should be directed to: California Department of Fish and Wildlife, Regulations Attention: Chelle Tempe–King, Sr. Environmental Scientist P.O. Box 944209 Sacramento, CA 94244–2090 916–902–9223 Email: Regulations@wildlife.ca.gov Inquiries concerning the subject matter or substance of the proposed action should be directed to: California Department of Fish and Wildlife, Marine Region Attention: Ryan Bartling, Sr.

Environmental Scientist Supervisor 3637 Westwind Boulevard Santa Rosa, CA 95403 Phone: (415) 761–1843 Email: Whalesafefisheries@wildlife.ca.gov As of the date this notice is published, the rulemak - ing file consists of: ● Notice of Proposed Action. ● Initial Statement of Reasons. ● Proposed Text of the Regulation: Amendment of

Section 132.2, Title 14, CCR. ● Economic and Fiscal Impact Assessment (Form STD 399) and addendum. ● Documents or Reports supporting the proposed regulation change. AVAILABILITY OF DOCUMENTS ON THE INTERNET https://wildlife.ca.gov/Notices/Regulations/ Gear–Retrieval–Expansion. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received by the Department, 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 public for at least 15 days before the Department adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Chelle Temple–King (see above for further contact infor - mation). The Department would accept written com - ments 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 checking the website at the link provided above or contacting Chelle Temple– King (see above for further contact information). GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR WELL WAGENET 5 RESTORATION PROJECT 2080–2024–016–03 SOLANO COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on September 11, 2024, that

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1289 Lodi Gas Storage, LLC proposes to rely on a consul - tation between federal agencies to carry out a project that may adversely affect a species protected by the California Endangered Species Act (CESA). The pro- posed project involves removing an estimated 2,328 cubic yards of fill material, riprap, and aggregate base rock that were used to construct/rehabilitate a well pad and access road in 2009. The purpose of the project is to restore the area to pre–project conditions.

Proposed activities will include, but are not limited to, installing a turbidity curtain around the entire work site during a low–tide cycle, layering of materials to match ad - jacent elevations of undisturbed areas, removing ex - cavated and existing fill, and recontouring the area which would involve scraping/blading to match the surrounding area. The proposed 10.11–acre project sites located immediately north of Kirby Hill near Nurse Slough, approximately 1.5 miles west of Shiloh Road and 0.75 miles south of Little Honker Bay in an unincorporated area of Solano County. The U.S.

Fish and Wildlife Service (Service) is - sued a federal programmatic biological opinion and Conference Opinion (PBO) (Service Ref. Number 2022–0005149) in a memorandum to the National Oceanic and Atmospheric Administration Restoration Center (NOAA RC) and the U.S. Army Corps of Engineers on August 31, 2022, which considered the effects of the proposed project on multiple federally listed species.

On August 27, 2024, Lodi Gas Storage, LLC applied to NOAA RC for inclusion of the pro - posed project under the PBO for state and federally threatened California tiger salamander ( Ambystoma californiense pop.1), state endangered, and federally threatened Delta smelt ( Hypomesus transpacificus ), and state threatened and federally proposed endan - gered longfin smelt ( Spirinchus thaleichthys ). On September 3, 2024, the Service and the United State Army Corps of Engineers determined that the project fits within the scope of the PBO.

The National Marine Fisheries Service issued a fed- eral programmatic biological opinion (PBO) (Service Ref. Number WCR–2017–8532) in a memorandum to NOAA RC and the U.S. Army Corps of Engineers on November 5, 2018, which considered the effects of the proposed project on multiple federally listed spe - cies.

On August 6, 2024, Lodi Gas and Storage, LLC applied to NOAA RC for inclusion of the proposed project under the PBO for state and federally endan - gered Sacramento River winter–run Chinook salmon (Oncorhynchus tshawytscha pop. 7), and state and fed- erally threatened Central Valley spring–run Chinook salmon (O. tshawytscha). On August 31, 2024, NOAA RC determined that the project fits within the scope of the PBO. Pursuant to California Fish and Game Code

section 2080.1, Lodi Gas and Storage, LLC is requesting a de- termination that the Incidental Take Statement (ITS) and its associated PBO are consistent with CESA for purposes of the proposed project. If CDFW determines the ITS and associated PBO are consistent with CESA for the proposed project, Lodi Gas Storage, LLC will not be required to obtain an incidental take permit un- der Fish and Game Code

section 2081 subdivision (

b) for the proposed project. DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR 9451 BATCHELDER ROAD CANNABIS 2080–2024–015–05 SANTA BARBARA COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on September 12, 2024 that Farming First, LLC proposes to rely on a federal permit to carry out a project that may adversely af - fect a species protected by the California Endangered Species Act (CESA).

The proposed project involves the creation of an approximately 41.3 acre outdoor cannabis cultivation farm under 16–foot–tall hoop structures and a 17,600 square foot irrigation res - ervoir. Proposed activities will include, but are not limited to, demolishing 13 existing structures, grad - ing the reservoir with 1400 cubic yards of cut (to be spread over the cultivation areas on site), installation of fencing and security lighting, and ongoing cannabis cultivation activities. The proposed project will occur at 9457 Batchelder Road, Los Alamos, Santa Barbara County.

Farming First, LLC received authorization for the project under the General Conservation Plan for Cultivation Activities in Santa Barbara County, which considered the effects of the proposed project on state threatened and federally endangered California ti - ger salamander ( Ambystoma californiense). The U.S. Fish and Wildlife Service (Service) issued a fed - eral incidental take permit (ITP) (Permit Number ESPER2809265) to Farming First, LLC on May 16, 2023.

Pursuant to California Fish and Game Code sec - tion 2080.1, Farming First, LLC is requesting a de - termination that the ITP and its associated Habitat Conservation Plan (HCP) are consistent with CESA for purposes of the proposed project. If CDFW deter - mines the ITP and its associated HCP are consistent with CESA for the proposed project, Farming First, LLC will not be required to obtain an incidental take

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1290 permit under Fish and Game Code

section 2081 subdi- vision (

b) for the proposed project.

DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2024–147–001–R3 Project: Richmond Ranch Reserve Pond 1 Desedimentation and Restoration Project Location: Santa Clara County Applicant: Matthew Fogarty, Santa Clara Valley Habitat Agency Background Project Location : The Richmond Ranch Reserve Pond 1 Desedimentation and Restoration Project (Project) is located at Pond 1 within the Richmond Ranch Reserve, at a property owned by Santa Clara Valley Habitat Agency, Latitude 37.252005, Longitude –121.732812, Assessor Parcel Number (APN) 678– 01–001.

Richmond Ranch Pond 1 is a tributary to Silver Creek and historically supported populations of California red–legged frog (Rana draytonii). Project Description: Matthew Fogarty, representing Santa Clara Valley Habitat Agency (Applicant) pro - poses to enhance or restore habitat within Richmond Ranch Pond 1 to provide a net conservation benefit for California red–legged frog, Bay checkerspot but - terfly (Euphydrya editha bayensis ), and Santa Clara Valley dudleya (Dudleya abramsii ssp. Setchellii).

The Project will excavate approximately 200 cubic yards of sediment from Richmond Ranch Pond 1, which will increase the pond depth. Increasing the pond depth will restore suitable breeding habitat for California red–legged frog and other native amphibians, as well as improve the water source for cattle grazing, which is used as a management tool to maintain habitat for serpentine endemic plants and wildlife. Sediment will be excavated from the pond through the use of an excavator and will be placed in a spoils placement area immediately north of the pond within upland grassland habitat.

The spoils placement area will strip and salvage the top six inches of topsoil. After pond spoils are placed in the placement area, the Applicant will place the salvaged topsoil mixed with a small volume of pond spoils to preserve the topsoil biota and seedbank. If water is present in the pond, it will pumped through a sediment or dewatering bag before being discharged. To access the site, a 75–foot– long temporary access route will be created, extend - ing for an existing ranch road.

Project Size: The total area of ground disturbance associated with the Project is approximately 0.26 acres (0.23 to non–jurisdictional areas, and 0.03 to jurisdictional areas). The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical ex - emption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge : Discharge of ma - terials into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Project include those associated with the following: (1) 200 cubic yards (cy) of soil. Project Timeframes: Start date: September 2024. Completion date: October 2024. Work window: September 1 (or upon approval)– October 15.

Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration in- tended to improve the quality of waters in California, improve habitat for California red–legged frog, and im- prove a water source for cattle grazing (which is used for upland habitat management), the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) Number 2CW457508, RM Number 457508, Place ID 895475) for the Project.

The NOA describes the Project and requires the Applicant to comply with terms of the Order. Additionally, the Applicant has provided a supplemental document that sets forth measures to avoid and minimize impacts to aquatic species, native plants, and wetland and stream habitats. Receiving Water: Richmond Ranch Pond 1, tribu - tary to Silver Creek. Filled or Excavated Area : Permanent area impact - ed: none. Temporary area impacted: 0.03 acres. Dredge Volume: None. Discharge Volume: 200 cy of soil. Project Location : Latitude 37.252005, Longitude –121.732812, (NAD 83); APN: 678–01–001.

Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Project, as described in the Notice of Intent (NOI) complies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.). On August 20, 2024, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1291 pursuant to Fish and Game Code

section 1653 that the NOA, NOI, and related species protection mea - sures are consistent with the Habitat Restoration and Enhancement Act (HREA) with respect to the Project. Pursuant to Fish and Game Code

section 1653 sub - division (c), CDFW filed an initial notice with the Office of Administrative Law on August 22, 2024, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. Notice File Number Z–2024–0822–01) on September 6, 2024. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

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

section 1653 for autho - rizing the Project. Specifically, CDFW finds that: (1) the Project pur - pose is voluntary habitat restoration and the Project is not required as mitigation; (2) the Project is not part of a regulatory permit for a non–habitat restoration or enhancement construction activity, a regulatory set - tlement, a regulatory enforcement action, or a court order; and (3) the Project meets the eligibility require- ments of the State Water Resources Control Board’s Order for Clean Water Act

Section 401 General Water Quality Certification for Small Habitat Restoration Projects. Avoidance and Minimization Measures The avoidance and minimization measures for Project, as required by Fish and Game Code

section 1653, subdivision (b) (4), were included in an attach - ment to the NOI, which contains the following cat - egories:

(1) C1: Avoid direct impacts on legally pro - tected plant and wildlife species;

(2) C3: Maintain hydrologic conditions and protect water quality;

(3) C4: Avoidance and minimization for in–stream proj - ects;

(4) C11: Stream and riparian setbacks;

(5) C12: Wetland and pond avoidance and minimization. The specific avoidance and minimization requirements are found in an attachment to the NOI, Biological Resources Memorandum, Richmond Ranch Pond 1 Desedimentation and Restoration Project , prepared by Santa Clara Valley Habitat Agency, July 2024. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Monitoring and Reporting Plan provides a timeline for restoration, performance standards, and monitor - ing parameters and protocols. Specific requirements of the plan are found in an attachment to the NOI, Richmond Ranch Reserve Pond 1 Desedimentation and Restoration Project Monitoring and Reporting Plan.

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

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

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

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

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

Chapter 6 (commencing with

section 1600) and

Chapter 10 (commencing with

section 1900) of this Division and

Chapter 1.5 (commencing with

section 2050) of Division 3. Additionally, Applicant must adhere to all measures contained in the approved NOA and comply with other conditions described in the NOI. If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW. (See generally Fish & Game Code, § 1654, subdivision (c).)

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1292 PETITION DECISIONS FISH AND GAME COMMISSION June 12, 2024 The Honorable Irvin Jim Chair, Alpine County Board of Supervisors P.O.

Box 158 Markleeville, CA 96120 Sent via email to clerk@alpinecountyca.gov Re: Petition for regulation change (Tracking Number 2018–016(a)) Dear Chair Jim: The California Fish and Game Commission (Commission) took action related to the petition for regulation change you submitted to the Commission (Tracking Number 2018–016(a)) concerning remov - ing Hope Valley Wildlife Area from the California Department of Fish and Wildlife (Department) Lands Pass Program. Your petition requested that subsection (w) (15) of

Section 551, Title 14, California Code of Regulations, be amended. You cited the Commission’s authority to take the requested action as sections 200, 203, 205, 265, 355, 710, 710.5, 710.7, 1050, 1530, 1583, 1745, 1764, 1765, 3003.1, 3039, 4001, 4004, 4150 and 10504, California Fish and Game Code. At its February 13–14, 2024 meeting, the Commission granted your petition. The Department indicated that it will include the change in its proposal for the next Department lands rulemaking, tentatively scheduled to begin vetting in 2025.

Your original petition, as well as written materi - als in support of the Commission’s decision, may be found in the meeting materials for February 13–14, 2024 at https://nrm.dfg.ca.gov/FileHandler.ashx? DocumentID=219987&inline. You may also find a link to a video recording of the February meeting at https://fgc.ca.gov/Meetings/2024. Any interested per - son has a right to obtain a copy of the petition, which can be found in the regulations petition index at https:// fgc.ca.gov/Regulations/Petition –for–Regulation– Change&inline.

If you are unable to find a copy of the petition via the website, you may request a copy by contacting Commission staff. If you have any questions about your petition, please feel free to contact Wildlife Advisor Ari Cornman or me at (916) 653–4899 or fgc@fgc.ca.gov. Sincerely, /s/ Melissa Miller–Henson Executive Director FISH AND GAME COMMISSION September 4, 2024 David Goldenberg, Executive Director California Sea Urchin Commission P.O. Box 2077 Folsom, CA 95763 Sent via email to [address on file] Re: Petition for regulation change (Tracking Number 2023–04) Dear Mr.

Goldenberg: The California Fish and Game Commission (Commission) recently took action related to the pe - tition for regulation change you submitted to the Commission (Tracking Number 2023–04) to amend fishing regulations for commercial take of red sea ur - chin on the central coast of California. Your petition requested that

Section 120.7, Subsection (n) (1) of Title 14 be amended. You cited the Commission’s authority to take the requested action as sections 713, 1050, 9054 and 9055 of the California Fish and Game Code. At its August 14–15, 2024 meeting, the Commission granted your petition in concept for consideration in a future rulemaking, consistent with the Commission Marine Resources Committee and California Depart - ment of Fish and Wildlife recommendations under Agenda Item 7(B), the Marine Resources Committee report.

Your original petition, as well as written materi - als in support of the Commission’s decision, may be found in the meeting materials for August 14–15, 2024 at https://nrm.dfg.ca.gov/FileHandler.ashx? DocumentID=223904&inline. You may also find a link to a video recording of the August 14–15, 2024 meeting on our webpage at https://fgc.ca.gov/ Meetings/2024. Any interested person has a right to obtain a copy of the petition, which can be found in the regulations petition index at https://fgc.ca.gov/ Regulations/Petition–for–Regulation–Change .

If you are unable to find a copy of the petition via the Commission website, you may request a copy by con- tacting Commission staff via the letterhead phone number or email address. If you have any questions about your petition, please feel free to contact me at (916) 653–4899 or fgc@fgc. ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1293 Sincerely, /s/ Melissa Miller–Henson Executive Director FISH AND GAME COMMISSION July 19, 2024 Todd Bluechel [address on file] Sent via email to [address on file] Re: Petition for regulation change (Tracking Number 2023–10) Dear Mr. Bluechel: The California Fish and Game Commission (Commission) recently took action related to the pe - tition for regulation change you submitted to the Commission (Tracking Number 2023–10) to allow recreational anglers to donate fish to non–profits un - der a sport–caught fish exchange.

Your petition re - quested that these sections of Title 14 be affected: California Code of Regulations 231(b). You cited the Commission’s authority to take the requested action as: not identified. At its June 19–20, 2024 meeting, the Commission granted your petition for consideration in a future rulemaking under specific conditions recommended by the California Department of Fish and Wildlife. The timing of a future rulemaking is yet to be determined.

Your original petition, as well as written materi - als in support of the Commission’s decision, may be found in the meeting materials for June 19–20, 2024 at https://nrm.dfg.ca.gov/FileHandler.ashx? DocumentID=223787&inline. You may also find a link to a video recording of the June 19–20, 2024 meeting on our webpage at https://fgc.ca.gov/Meetings/2024. Any interested person has a right to obtain a copy of the petition, which can be found in the regulations pe- tition index found at https://fgc.ca.gov/Regulations/ Petition–for–Regulation–Change.

If you are unable to find a copy of the petition via the website, you may request a copy by contacting Commission staff via this number or email. If you have any questions about your petition, please feel free to contact Melissa Miller–Henson at (916) 653–4899 or fgc@fgc.ca.gov. Sincerely, /s/ Melissa Miller–Henson Executive Director FISH AND GAME COMMISSION September 4, 2024 Paul Chang Northern California Kayak Anglers [address on file] Sent via email to [address on file] Re: Petition for regulation change (Tracking Number 2023–11) Dear Mr.

Chang: The California Fish and Game Commission (Commission) recently took action related to the pe - tition for regulation change you submitted to the Commission (Tracking Number 2023–11) to authorize recreational take of groundfish inside 50 fathoms us - ing non–motorized vessels or watercraft with manda - tory descending devices. Your petition requested that these sections of Title 14 be affected: none identified. You cited the Commission’s authority to take the re - quested action as sections 200, 205, 265, 270, 275, 702, 7071, 7110 and 8587.1 of the California Fish and Game Code.

At its August 14–15, 2024 meeting, the Commission denied your petition based on rationale in a California Department of Fish and Wildlife memo related to: (1) new nearshore access opportunities in the 2024 rec - reational groundfish regulations (adopted March 26, 2024), and (2) the challenges of dividing the boat– based sector into motorized and non–motorized sec - tors, including enforcement and new catch monitoring responsibilities.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1294 Sincerely, /s/ Melissa Miller–Henson Executive Director FISH AND GAME COMMISSION June 12, 2024 Wayne Kotow 4065 Oceanside Boulevard, Suite Q Oceanside, CA 92056 Sent via email to wkotow@ccacalifornia.org Re: Petition for regulation change (Tracking Number 2023–12) Dear Mr. Kotow: As you are aware, the California Fish and Game Commission (Commission) took action related to the petition for regulation change you submitted to the Commission (Tracking Number 2023–12) to amend recreational groundfish regulations to require the use of descending devices to protect groundfish stocks. Your petition requested that

Section 27.20 of Title 14 be amended. You cited the Commission’s authority to take the requested action as sections 200, 205, 265, 702, 7071 and 8587.1 of the California Fish and Game Code. At its April 17–18, 2024 meeting, the Commission granted your petition in concept, as the petitioned ac - tion was integrated into the 2024 recreational ground- fish rulemaking adopted on March 6, 2024. Your original petition and written materials in support of the Commission’s decision may be found in the meeting materials for April 17–18, 2024 at https://nrm.dfg.ca.gov/FileHandler.ashx? DocumentID=222123&inline.

You may also find a link to a video recording of the April 17–18, 2024 meeting on our website at https://fgc.ca.gov/Meetings/2024. Any interested person has a right to obtain a copy of the petition, which can be found in the regulations pe- tition index at https://fgc.ca.gov/Regulations/Petition– for–Regulation–Change. If you are unable to find a copy of the petition via the website, you may request a copy by contacting Commission staff. If you have any questions about your petition, please feel free to contact me or Marine Advisor Susan Ashcraft at (916) 653–4899 or fgc@fgc.ca.gov.

Sincerely, /s/ Melissa Miller–Henson Executive Director FISH AND GAME COMMISSION September 4, 2024 James Stone, President Northern California Guides and Sportsmen’s Association P.O. Box 111 Sutter, CA 95982 Sent via email to [address on file] Re: Petition for regulation change (Tracking Number 2024–06) Dear Mr.

Stone: The California Fish and Game Commission (Commission) recently took action related to the pe - tition for regulation change you submitted to the Commission (Tracking Number 2024–06) concern - ing your request to authorize a recreational fishery for white sturgeon as a candidate species under the California Endangered Species Act. Your petition requested that these sections of Title 14 to be affected: none identified. You cited the Commission’s authority to take the requested action as

Section 2084 of the California Fish and Game Code. At its August 14–15, 2024 meeting, the Commission denied your petition; the Commission elected to take an emergency action under the authority of Fish and Game Code

Section 2084 for catch and release fishing for white sturgeon; it did not authorize white sturgeon harvest. Your original petition, as well as written materi - als in support of the Commission’s decision, may be found in the meeting materials for August 14–15, 2024 at https://nrm.dfg.ca.gov/FileHandler.ashx? DocumentID=223904&inline. You may also find a link to a video recording of the August 14–15, 2024 meeting on our webpage at https://fgc.ca.gov/ Meetings/2024.

Any interested person has a right to obtain a copy of the petition, which can be found in the regulations petition index at https://fgc.ca.gov/ Regulations/Petition–for–Regulation–Change . If you are unable to find a copy of the petition via the Commission website, you may request a copy by con- tacting Commission staff via the letterhead phone number or email address. If you have any questions about your petition, please feel free to contact me at (916) 653–4899 or fgc@fgc. ca.gov. Sincerely, /s/ Melissa Miller–Henson Executive Director

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1295 DEPARTMENT OF PUBLIC HEALTH September 12, 2024 VIA ELECTRONIC MAIL Attention: Joy Yegoyan, CEO Synergy Dialysis LLC 16030 Ventura Boulevard, Suite 110 Encino, CA 91436 RE: Response to Petition (P–24–03) Requesting Rulemaking for Congregate Health Facilities to offer Home Hemodialysis to Dialysis Patients Dear Joy Yegoyan, Thank you for contacting the California Department of Public Health (CDPH) on behalf of Synergy Dialysis LLC. Under Government Code

section 11340.6, any interested person may petition CDPH requesting the adoption, amendment, or repeal of a regulation. On August 15, 2024, CDPH received Synergy Dialysis’s (Petitioner) petition requesting rulemaking regard - ing home hemodialysis services for patients in con - gregate living health facilities. CDPH recognizes the importance and complexity of the issues Petitioner raises. As set forth below, CDPH is, however, denying Petitioner’s request.

Summary of Petitioner’s Request: Petitioner requests that CDPH take rulemaking or other regulatory or quasi–regulatory action to allow home dialysis in congregate living health facilities (CLHFs). CDPH understands the petition to specifical- ly request that CDPH perform at least one of the four following actions: 1. A mend the California Code of Regulations, title 22, to authorize congregate living health facili - ties (CLHFs) to offer home dialysis as an optional service; 2. A mend the California Code of Regulations title 22,

section 70351, to authorize CLHFs to obtain a “special permit” to offer home dialysis services; 3. E xtend AFL–20–66.1 to include CLHFs as pro - viders of home dialysis; and/or 4. C reate a pilot program or issue a special permit or special permission authorizing Synergy Dialysis to offer home hemodialysis services in CLHFs. To support its request, Petitioner notes that trans - portation of high acuity CLHF residents for off–site hemodialysis three times per week results in poorer quality of care due to transportation hazards and dis - ruptions, inferior clinical outcomes, and high costs.

Reasons CDPH is Denying the Petition: 1. CDPH denies Petitioner’s request to amend the California Code of Regulations (CCR), title 22, to authorize Congregate Living Facilities to offer home dialysis. CDPH does not have the authority to amend California Code of Regulations, title 22,

section 72401, to authorize CLHFs to provide home dialysis as an optional service. Sections 72401 through 72457 broadly regulate optional services that skilled nurs - ing facilities (SNFs) may provide. Under Health and Safety Code

section 1267.13, subdivision (n), CLHFs generally must “conform to regulations contained in

Chapter 3 [skilled nursing regulations]. But this stat - ute also expressly excludes CLHFs from these regula- tions allowing skilled nursing facilities to offer option- al services, including 72401 et seq. Although CDPH has the authority to amend the California Code of Regulations, the Health and Safety Code can only be amended through the legislative process. And CDPH may not make regulatory amend- ments that conflict with statutes. Therefore, CDPH lacks the authority to make this regulatory amendment. 2. CDPH denies Petitioner’s request to amend California Code of Regulations, title 22, division 5,

chapter 1,

article 5, sections 70351 or 70042 to authorize CLHFs to receive a “special permit” to offer home dialysis services. CDPH does not have the authority to amend California Code of Regulations, title 22, sections 70351 or 70042, to authorize CLHFs to receive a “spe- cial permit” to offer home dialysis.

Section 70042 lists those license categories subject to

chapter 1 and does not include CLHFs. CLHFs are not subject to the regu- lations in title 22, division 5,

chapter 1, “General Acute Care Hospitals.” Rather, as noted above, CLHFs are subject to the regulations in title 22, division 5, chap - ter 3, “Skilled Nursing Facilities.” (Health & Safety. Code, §§ 1 267.13, subdivision (n).) Amending

chapter 1, specifically California Code of Regulations, title 22,

section 70351 or 70042, to include CLHFs would conflict with Health and Safety Code

section 1267.13, subdivision (n). As previous noted, CDPH may not amend a regulation if doing so would conflict with a statute. Therefore, CDPH lacks the authority to make this amendment. 3. CDPH denies Petitioner’s request to extend AFL–20–66.1 to include CLHFs as providers of home dialysis. CDPH does not have the authority to extend AFL 20–66.1 to allow home hemodialysis services in CLHFs. AFL 20–66.1 summarizes updated federal guidance allowing dialysis facilities meeting certain standards to provide dialysis services to skilled nurs - ing residents in the skilled nursing facility “home”

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1296 setting. AFL 20–66.1 explains, “SOM

Chapter 2, sec- tion 2271 … and Appendix PP,

section 483.25(l) … issue specific requirements for dialysis facilities and SNFs for the administration of dialysis care to SNF residents.” This federal guidance does not include CLHFs. Therefore, CDPH lacks the authority to in - clude CLHFs in this AFL. 4. CDPH denies Petitioner’s request for a regulatory pilot program, special permit, or special permission authorizing Synergy Dialysis to offer home dialysis services in CLHFs. CDPH cannot lawfully address Synergy Dialysis’s request for special permission to provide home dial - ysis in CLHFs through the petition process.

The pe - tition process is for adopting, amending, or repealing regulations under the authority of law. There is no law permitting Synergy Dialysis to be afforded special permissions. Absent such a law, it would be imprac - tical and inequitable for CDPH to specify Synergy Dialysis in regulations. Department Contact Under Government Code

section 11340.7, subdivi - sion (d), any interested person has the right to obtain a copy of the petition submitted to the agency. A copy of the petition and this letter will be posted on the CDPH Office of Regulations website at the following: https://www.cdph.ca.gov/Programs/OLS/Pages/ Petitions_for_Regulatory_Action.aspx In addition, interested persons may request a copy by contacting the Office of Regulations by email: regulations@cdph.ca.gov, by phone: (916) 558–1710, or by mail: California Department of Public Health, 1415 L Street, Suite 500, Sacramento, CA 95814.

If you have any questions, please contact me at drew. brereton@cdph.ca.gov. Thank you. Sincerely, \s\ Drew Brereton Deputy Director and Chief Counsel Office of Legal Services cc: Dr. Tomás J.

Aragón, Director, CDPH Maral Farsi, CDPH Susan Fanelli, CDPH Christine Siador, CDPH Chelsea Driscoll, CDPH PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65) ANNOUNCEMENT OF THE DEVELOPMENTAL AND REPRODUCTIVE TOXICANT IDENTIFICATION COMMITTEE MEETING SCHEDULED FOR DECEMBER 12, 2024; NOTICE OF AVAILABILITY OF HAZARD IDENTIFICATION MATERIALS FOR BISPHENOL S (BPS) The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) will convene a meeting of the Developmental and Reproductive Toxicant Identification Committee (DARTIC).

At this meeting the DARTIC will consider the possible listing of bisphenol S (BPS) based on male reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health and Safety Code

section 25249.5 et seq. (Proposition 65). BPS is on the Proposition 65 list for reproductive toxicity, based on the female reproductive endpoint. OEHHA is also opening a 45–day public comment period on the hazard identification document enti - tled “Evidence on the Male Reproductive Toxicity of Bisphenol S.” The public comment period will end on Tuesday, November 12, 2024. A copy of the docu- ment is available on OEHHA ’s website at https://oehha. ca.gov/proposition–65. Background OEHHA is the lead agency for implementation of Proposition 65.

The DARTIC advises and assists OEHHA in compiling the list of chemicals known to the state to cause reproductive toxicity within the meaning of the Act, as required by Proposition 65 (Health and Safety Code

section 25249.8.). The DARTIC serves as the state’s qualified experts for de- termining whether a chemical has been clearly shown through scientifically valid testing according to gen - erally accepted principles to cause reproductive toxic- ity within the meaning of the Act (Health and Safety Code

section 25249.8.). A request for relevant information on the poten - tial reproductive toxicity of this chemical opened on March 4, 2022, and closed on April 18, 2022. One sub-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1297 mission was received and is posted on the OEHHA website at: https://oehha.ca.gov/proposition–65/com- ments/comment–submissions–request–relevant–in - formation–reproductive–toxicity. OEHHA considered this submission in preparing the hazard identification document.

Public Meeting and Public Comment Period BPS, which is on the Proposition 65 for reproductive toxicity based on the female reproductive endpoint, will be considered for possible listing based on the male reproductive endpoint at a public meeting sched- uled for Thursday, December 12, 2024 . This meet - ing will be held in Sacramento and online, with the option of participating in person or via the internet. Participate in person at Sierra Hearing Room 1001 I Street, Sacramento, CA or register online to partic - ipate via Zoom webinar .

The meeting will begin at 10:00 a.m. and last until all business is conducted or until 5:00 p.m.. The meeting agenda and detailed instructions for providing oral comment will be provided in a future public notice published in advance of the meeting. All written comments must be submitted to OEHHA by electronic submission, mail, or hand–delivery, by Tuesday, November 12, 2024. OEHHA strongly rec - ommends that comments be submitted electronically through our website at https://oehha.ca.gov/comments rather than in paper form.

Alternatively, comments can be submitted in paper form, either by mail or de - livered in person. Mailed submission via United States Postal Service: Attention: Kiana Vaghefi Office of Environmental Health Hazard Assessment P.O. Box 4010 Sacramento, California 95812–4010 In–person delivery submission: Attention: Kiana Vaghefi Office of Environmental Health Hazard Assessment 1001 I Street, 12th Floor Sacramento, California 95814 OEHHA encourages all commenters to submit their comments in a format compliant with

Section 508 of the federal Rehabilitation Act, Web Content Accessibility Guidelines 2.1 ( https://www.w3.org/ WAI/standards–guidelines/wcag) and California Government Code sections 7405 and 11135, so that they can be read using screen reader technology. All timely filed public comments will be provided to DARTIC members in advance of the meeting and will be posted on the OEHHA website at the close of the comment period. OEHHA is subject to the California Public Records Act and other laws that require the release of certain information upon request.

If you provide comments, please be aware that your name, address, and Email may be available to third parties. If you would like to request a copy of the hazard identification document, or have any other ques - tions regarding this announcement, please contact Kiana Vaghefi at Kiana. Vaghefi@oehha.ca.gov or 916–322–1268.

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.

Department of Food and Agriculture File # 2024–0909–01 Mediterranean Fruit Fly Eradication Area and Interior Quarantine In this emergency rulemaking action, the California Department of Food and Agriculture expands its Mediterranean Fruit Fly Eradication Area to include Alameda County.

Title 03 Amend: 3591.5 Filed 09/12/2024 Effective 09/12/2024 Agency Contact: Rachel Avila (916) 698–2947 Department of Food and Agriculture File # 2024–0912–03 Caribbean Fruit Fly Eradication Area and Interior Quarantine In this emergency rulemaking action, the California Department of Food and Agriculture expands its Caribbean Fruit Fly Eradication Area to include Orange County, creates an interior quarantine against the spread of the Caribbean Fruit Fly, and amends the fly’s host list.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1298 Title 03 Adopt: 3422 Amend: 3591.11 Filed 09/18/2024 Effective 09/18/2024 Agency Contact: Rachel Avila (916) 698–2947 Fair Political Practices Commission File # 2024–0819–01 Audits In this request for filing and printing pursuant to Government Code

section 11343.8, the Fair Political Practices Commission (FPPC) is amending regu - lations pertaining to audits of campaign reports. Specifically amending the determination of local ju - risdictions to be audited, the defined term “Contain in Detail,” and adding the Commission to the guidelines for Auditing and Investigations. This action is to be re- viewed for compliance with Administrative Procedure Act (APA) standards based on Fair Political Practices Commission v. Office of Administrative Law, Linda Stockdale Brewer, Sacramento Superior Court, Case Number 512795.

Title 02 Amend: 18991, 18993, 18994 Filed 09/11/2024 Effective 10/11/2024 Agency Contact: Amanda Apostol (916) 322–5660 Division of Workers’ Compensation File # 2024–0903–01 Document Cover Sheet This action without regulatory effect amends the California Code of Regulations

section 10205.13 to reflect that the Division of Workers’ Compensation of- fice in Stockton, California has been relocated to Lodi, California. Title 08 Amend: 10205.13 Filed 09/17/2024 Agency Contact: Maureen Gray (510) 286–0676 Air Resources Board File # 2024–0802–01 Zero–Emission Forklift Regulation This action requires California fleets to phase out most Large–Spark Ignition (LSI) forklifts over time.

The regulation includes two primary components: a restriction on the sale and acquisition of LSI forklifts starting on January 1, 2026, and other phase–out re - quirements starting on January 1, 2028, for existing LSI forklifts. The regulation would also establish re - quirements for forklift manufacturers, forklift dealers, and forklift rental agencies.

Title 13 Adopt: 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011 Amend: 2775.1 Filed 09/16/2024 Effective 01/01/2025 Agency Contact: Bradley Bechtold (279) 208–7266 Board of Pharmacy File # 2024–0805–04 Opioid Antagonist Protocol This regular rulemaking action by the California State Board of Pharmacy amends the standard pro - cedures for pharmacists furnishing opioid antag - onist medication as an opioid overdose treatment.

As amended, the procedures accommodate the fur - nishing of any opioid antagonist approved for opioid overdose treatment by the federal Food and Drug Administration rather than only the opioid antagonist naloxone hydrochloride.

Title 16 Amend: 1746.3 Filed 09/17/2024 Effective 09/17/2024 Agency Contact: Lori Martinez (916) 244–6648 Court Reporters Board of California File # 2024–0806–02 Examination Results and Transcript Format This regular rulemaking action by the Court Reporters Board of California (CRB) amends its ex - isting regulations regarding examination required, minimum transcript format standards, and inspec - tion of examination papers. First, this action adds the requirement that the board notify each examinee, in writing, of their test result.

Second, this action adds that transcript text must be offered in full text–search capable electronic format, if requested. Finally, this action repeals the examinee’s ability to request and appeal examinations earning a failing score. Title 16 Amend: 2420, 2473 Repeal: 2422 Filed 09/11/2024 Effective 01/01/2025 Agency Contact: Betsy Figueira (916) 263–3660 Department of Corrections and Rehabilitation File # 2024–0802–05 Field Executive Review Committee This action by the Department of Corrections and Rehabilitation amends regulations regarding report - ing and investigating use of force incidents to extend

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 39–Z 1299 the Field Executive Review Committee’s timeframe to review use of force incidents from 30 days to 60 calendar days. Title 15 Amend: 3268.3 Filed 09/12/2024 Effective 01/01/2025 Agency Contact: Dmitriy Kostyuk (916) 445–2276 Department of Motor Vehicles File # 2024–0802–03 Clean Air Vehicle Decals This action defines procedures for vehicle owners choosing between the clean air vehicle decal program and the clean vehicle rebate project, and increases fees for the Clean Air Vehicle Decals.

Title 13 Adopt: 156.02 Amend: 156.00, 156.01 Filed 09/16/2024 Effective 09/16/2024 Agency Contact: Randi Calkins (916) 282–7294 Department of Motor Vehicles File # 2024–0805–02 Traffic Violator Schools This rulemaking action by the California Department of Motor Vehicles amends regulations relating to the licensing and record keeping requirements for traffic violator schools and instructors.

Title 13 Amend: 345.02, 345.06, 345.07, 345.13, 345.18, 345.30, 345.56 Repeal: 345.42 Filed 09/17/2024 Effective 11/01/2024 Agency Contact: Randi Calkins (916) 282–7294 Employment Training Panel File # 2024–0730–01 Update to Out–of–State Competition Eligible NAICS Codes In this rulemaking action, the Employment Training Panel updates the “2002” date of reference for the North American Industrial Classification System (NAICS) to 2022, amends the reference number of the publishing industry to comport with the most recent version of the NAICS, and also removes the limitation for internet publishing businesses.

Title 22 Amend: 4416 Filed 09/11/2024 Effective 01/01/2025 Agency Contact: Elisabeth Testa (916) 327–5640 Public Employees’ Retirement System File # 2024–0823–02 Definition and Reporting of Full–Time Employment This rulemaking action amends California Code of Regulations (CCR)

section 574 to include instruc - tions for how a classified member’s full–time payrate shall be reported to CalPERS in accordance with Government Code (GC)

section 20636.1. Title 02 Amend: 574 Filed 09/11/2024 Effective 01/01/2025 Agency Contact: Andrea Peters (916) 795–3038 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.

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2024, No. 39
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	2f5c3f868dcbeb858877e0dfd934aa3ce1febd15

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