Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 51–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW DECEMBER 20, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest — Notice File Number Z2024–1210–01 ............................................. 1647 AMENDMENT MULTI–COUNTY: Winters Joint Unified School District TITLE 5. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION Classroom Assessment Scoring System .............................................................. 1648 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Commission Regulation 1203 — Peace Officer Disqualification — Notice File Number Z2024–1210–06 .......... 1651 TITLE 11. DEPARTMENT OF JUSTICE Dissolution of Charitable Entities — Notice File Number Z2024–1210–03 .................................. 1653 TITLE 16. BOARD OF PHARMACY Digital Signatures — Notice File Number Z2024–1210–05 .............................................. 1656 TITLE 22.

DEPARTMENT OF HEALTH CARE SERVICES Pharmacist Services — Notice File Number Z2024–1210–02 ............................................ 1659 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080R–2024–019–01, Ten Mile River Habitat Enhancement Phase 2 Mainstem and Mill Creek Restoration Project, Mendocino County ................................. 1664 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Update to Draft Reference Exposure Levels for 1,4 Dichlorobenzene ...................................... 1666 (Continued on next page)

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1667 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 $372.00 (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 51–Z 1647 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Po - litical Practices Commission, pursuant to the au - thority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of–interest codes, will review the proposed/ amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Winters Joint Unified School District A written comment period has been established commencing on December 20, 2024, and closing on February 3, 2025.

Written comments should be direct- ed to the Fair Political Practices Commission, Atten - tion Belen Cisneros, 1102 Q Street, Suite 3050, Sacra- mento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code will be submitted to the Commission’s Executive Director for their review, unless any interested person or their duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hear- ing before the full Commission.

If a public hearing is requested, the proposed code will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest code, proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Govern - ment Code

Section 87302, employees who must dis - close certain investments, interests in real property and income. The Executive Director of the Commission, upon their own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed code to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar - guments, or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code.

Any written com - ments must be received no later than February 3, 2024. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses, or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Com - mission as the code–reviewing body for the above conflict–of–interest codes shall approve codes as sub- mitted, revise the proposed code, and approve it as re- vised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 provide that agencies shall adopt and promulgate conflict–of–interest codes pursuant to the Political Re- form Act and amend their codes when change is ne - cessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest code should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email bcisneros@fppc.ca.gov.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1648 the respective agency. Requests for copies from the Commission should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email bcisneros@fppc.ca.gov. TITLE 5.

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION STRENGTHENING TEACHER–CHILD INTERACTIONS AND SUPPORTING QUALITY IMPROVEMENT IN THE CALIFORNIA STATE PRESCHOOL PROGRAM NOTICE IS HEREBY GIVEN that the State Su - perintendent of Public Instruction (SSPI) proposes to adopt the regulations described below after consider - ing all comments, objections, or recommendations re- garding the proposed action. The SSPI invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period.

PUBLIC HEARING California Department of Education (CDE) staff, on behalf of the SSPI, will hold a virtual public hearing at 9:00 a.m. on February 4, 2025.

Any interested person may participate in the public hearing via a meeting in Zoom by logging in per the following instructions: ● Click the following link or paste the link to the browser to join the meeting and enter the passcode: https://us02web.zoom.us/j/86240376838 Passcode: 177498 ● To connect with audio only and no video, call one of the following telephone numbers and enter the meeting ID and passcode: +1 669 900 6833 US (San Jose) +1 213 338 8477 US (Los Angeles) Meeting ID: 862 4037 6838 Passcode: 177498 Persons intending to attend the Zoom meeting may check their computers by: ● Clicking on the test link: https://zoom.us/test. ● For any issues regarding connecting with Zoom, go to https://support.zoom.us/hc/en–us for assistance.

At the hearing, any person may present statements or arguments, orally or in writing, relevant to the pro - posed action described in the Informative Digest. The SSPI requests, but does not require, that persons who make oral comments at the public hearing also sub - mit a written

summary of their statements. No oral statements will be accepted subsequent to this public hearing. Reasonable Accommodation for any Individual with a Disability Pursuant to the Rehabilitation Act of 1973, any in - dividual with a disability who requires reasonable ac - commodation to attend or participate in a public hear- ing on proposed regulations, may request assistance by contacting Danielle Davis, Early Education Divi - sion, 1430 N Street, Sacramento, CA, 95814 or by tele- phone at 916–323–4883. It is recommended that as - sistance be requested at least two weeks prior to the hearing.

WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to: Lorie Adame, Regulations Coordinator Legal, Audits and Charters Branch California Department of Education 1430 N Street, Room 5319 Sacramento, CA 95814 Comments may also be submitted by fac - simile (FAX) at 916–322–2549 or by email to regcomments@cde.ca.gov. Comments must be received by the Regulations Co- ordinator prior to or on February 4, 2025.

All writ - ten comments received by CDE staff during the pub - lic comment period are subject to disclosure under the Public Records Act. AUTHORITY AND REFERENCE Authority: Sections 8207, 8231 and 8247. References: Sections 8202, 8203, 8205, 8207, 8208, 8213, 8231, 8244, 8245, 8249, 8252, 8298, 8314, 8332, 17002 and 48000, Education Code;

Section 106 of Senate Bill (SB) 114 (Chapter 48, Statutes of 2023);

Section 1596.7925, Health and Safety Code; and Sec- tion 101239.1, 22 California Code of Regulations. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Department of Education (CDE) has administered subsidized early education services since the Child Care and Development Services Act

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1649 (Act) was established in 1980,

chapter 2 of

part 6 of the Education Code (EC), starting at

section 8200 et seq. The intent of the Act is that qualified subsidized early education services be provided to children and fami - lies meeting the eligibility criteria established under the Act. This became known as the Early Education Act in 2021. The California State Preschool Program (CSPP) as established by EC

section 8207, provides three– and four–year–old children with a developmentally appro- priate program designed to facilitate their transition to kindergarten. 1 This program includes education, de - velopment, health services, social services, nutritional services, parent education and participation, evalua - tion, and staff development. Provision 102 of Item 6100–001–0001, Provision 6 of Item 6100–194–0001 and Provision 6 of Item 6100– 196–0001 of the Budget Act of 2023 (AB 102 [Chap - ter 38, Statutes of 2023]) appropriated funding for the CDE to support implementation of the Classroom As- sessment Scoring System (CLASS®). Additionally,

section 106 of SB 114 (Chapter 48, Statutes of 2023) re- quired that the CDE issue guidance through manage - ment bulletins or similar letters of instruction on how the tool for strengthening teacher–child interactions and supporting quality improvement (i.e., CLASS®), funded through the above–referenced sections of the Budget Act shall be implemented at the local level for the California State Preschool Program and included in monitoring processes. It further provided that the guidance also included changes to the Environment Rating Scale (ERS) as required by

Section 17711 of Title 5 of the California Code of Regulations. POLICY STATEMENT OVERVIEW The purpose of these regulations is to fulfill the re - quirements of the Budget Act of 2023 and implement CLASS®for the CSPP and address other changes nec- essary in the environment requirements to ensure CSPP contractors are adequately meeting all areas of health and safety as well as offering high quality en - vironments for children in the CSPP. These proposed regulations will provide clear instruction for the im - plementation of CLASS®, ensuring more efficient ad- ministration of the CSPP.

ANTICIPATED BENEFITS OF THE PROPOSED REGULATION The benefit of enacting the proposed regulations will ensure implementation of the CLASS® instru- ment is fully supported and provides many avenues 1 Pursuant to Senate Bill 163 (Chapter 73, Statutes of 2024), starting July 1, 2024, through June 30, 2027, eligible two–year old children will be allowed in CSPP. for professional development, training, and materials. The CLASS® scores provide contractors and the CDE with important data that will then be utilized to cre - ate professional development and coaching plans to improve overall program quality.

With this data and action plans for each program, the CDE will be able to provide additional support, resources, and training and technical assistance that may be needed to ensure each program meets high quality standards. The data from the CLASS® tool will provide a quantitative measurement of the level of quality within the CSPP programs. This will inform the Legislature, Adminis - tration, external partners, and public policy of the data necessary to ensure school readiness remains a top priority in California.

These regulations will achieve clarity, consistency, and an efficient administration of the CSPP for early education contractors. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS An evaluation of the proposed regulations has de - termined they are not inconsistent/incompatible with existing regulations, pursuant to Government Code

section 11346.5(a) (3) (D). After conducting a review of any regulations that would relate to or affect this area of law, the SSPI has concluded that these are the only regulations that concern the Strengthening Teacher– Child Interactions and Supporting Quality Improve - ment in the California State Preschool Program. INCORPORATION BY REFERENCE Pursuant to title 1 of the California Code of Regula- tions

section 20, the following documents are hereby incorporated by reference: ● Classroom Assessment Scoring System Observa- tion Field Guide, Second Edition, 2023 ● Classroom Assessment Scoring System Environ- ment Manual, 2022 The CDE determined that it would be impractical to publish these documents in 5 CCR due to their size. In addition, these documents are available to the public to view upon request to the CDE and are available to purchase through Teachstone, Inc.

DISCLOSURES REGARDING THE PROPOSED ACTION/FISCAL IMPACT The SSPI has made the following initial determinations: Other statutory requirements: There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations or class of regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1650 Mandate on local agencies and school districts: None. Costs to any local agencies or school districts for which reimbursement would be required pursuant to

Part 7 (commencing with

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

Cost impacts on a representative private person or business: The SSPI is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Report required: The proposed regulations do not require a report to be made. Effect on small businesses: The proposed regula - tions would not have an effect on any small business because they are only relevant to California State Pre- school Programs contracted through the CDE.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment — Gov. Code

Section 11346.5(a) (10): The SSPI concludes that it is unlikely that these proposed regulations will: 1) create or eliminate jobs within California; 2) create new businesses or elimi - nate existing businesses within California; or 3) affect the expansion of businesses currently doing business within California. Benefits of the Proposed Action: The proposed reg- ulations will benefit the children and families in Cal - ifornia as they take advantage of high–quality early education programs guided by these proposed regula - tions. The proposed regulations are not expected to af- fect worker safety or the state’s environment. Consideration of Alternatives In accordance with Government Code

section 11346.5(a) (13), the SSPI must determine that no rea - sonable alternative it considered or that has other - wise been identified and brought to the attention of the SSPI, 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 per - sons than the proposed action, or would be more cost– effective to affected private persons and equally effec- tive in implementing the statutory policy or other pro- vision of law.

The SSPI invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations during the written comment period. CONTACT PERSONS Inquiries concerning the content of these proposed regulations should be directed to: Danielle Davis, Education Administrator Early Education Division California Department of Education 1430 N Street Sacramento, CA 95814 Telephone: 916–323–4883 Email: ddavis@cde.ca.gov Inquiries concerning the regulatory process may be directed to Lorie Adame, Regulations Coordinator, or the backup contact person, Gerri White, Analyst.

The Regulations Coordinator and the Analyst may be reached by email at regulations@cde.ca.gov or by telephone at 916–319–0860. AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND INFORMATION As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulations, the Initial State - ment of Reasons (ISOR) and Fiscal and Economic Im- pact Statement (STD. 399). These documents upon which the proposed action is based may be obtained upon request from the Regulations Coordinator.

In ad- dition, this Notice, the text of the proposed regulations and the ISOR may also be viewed on CDE’s website at http://www.cde.ca.gov/re/lr/rr/. AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SSPI may adopt the proposed regulations substantially as de - scribed in this Notice or may modify the proposed regulations if the modifications are sufficiently relat - ed to the original text.

With the exception of techni - cal or grammatical changes, the full text of any mod - ified regulation will be available to the public for at least 15 days prior to its adoption from the Regula - tions Coordinator and will be mailed to those persons

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1651 who submit written comments related to this regula - tion, or who provide oral testimony at the public hear- ing, or who have requested notification of any chang - es to the proposed regulations. The CDE will accept written comments on the modified regulations for 15 days after the date on which they are made available. AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE You may obtain a copy of the Final Statement of Reasons, once it has been finalized, by making a writ- ten request to the Regulations Coordinator.

All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the Regulations Coordinator. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regula - tions with modifications highlighted, as well as the Fi- nal Statement of Reasons, when completed, and mod- ified text, if any, can be accessed via CDE’s website at http://www.cde.ca.gov/re/lr/rr/. TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATION 1203 — PEACE OFFICER DISQUALIFICATION Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described be - low in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC) sec - tion 11346.8, any interested person, or their duly au - thorized representative, may request a public hearing.

POST must receive the written request no later than 15 days prior to the close of the public comment period. Public Comments Due by February 3, 2025. Notice is also given that any interested person, or authorized representative, may submit written com - ment(

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

section 13503 (authority of POST), PC § 13506 (POST authority to adopt regu- lations). This proposal is intended to interpret, imple - ment, and make specific PC § 13503(f), which autho- rizes POST to investigate and determine the fitness of any person to serve as a peace officer within the pro - gram, and PC § 13510.8(a) (1) which authorizes POST to revoke certification for officers who are ineligible pursuant to GC § 1029. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 30, 2021, Governor Newsom signed Senate Bill (SB) 2 (2021).

SB 2 (2021) made significant changes to existing Government and Penal Codes, re - spectively. These changes provide for additional peace officer eligibility requirements. SB 2 (2021) also grants POST the authority to certify all peace officers in Cal- ifornia, and subsequently take action against those certifications, should POST determine serious mis - conduct occurred. While the peace officer eligibility requirements went into effect on January 1, 2022, the remaining changes to Government and Penal Codes went into effect on January 1, 2023.

POST continues to review and update processes and regulatory actions in response to the implementation of SB 2 (2021). At the September 12, 2024 meeting of the Commis- sion on Peace Officer Standards and Training (POST), members of the Commission voted to delegate au - thority to the Executive Director to process the revo - cations of certifications of peace officers convicted of felonies and misdemeanors identified in Government Code (GC)

section 1029 as disqualifying individuals from serving as peace officers. Further, Penal Code (PC)

section 13510.8(a) (1) requires the commission to revoke the certification of a peace officer if the person is or has become ineligible to hold office as a peace officer pursuant to GC § 1029. POST had initially set forth in Commission Regulation 1203 that the Com - mission would review the revocations as a matter of protocol at its regularly scheduled Commission meet - ings and would vote on a standing consent report. This change in process requires an amendment to Commis- sion Regulation 1203 to remove the requirement that

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1652 these revocations be approved by a consent vote of the Commission.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will be to ensure that the revo- cation of peace officer certifications related to felony and misdemeanor convictions identified in GC § 1029 go into effect with more expedience rather than be - ing delayed several months while pending Commis - sion approval, which will increase the efficiency of the state of California in delivering services to stakehold - ers.

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

After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state. FORMS/DOCUMENTS INCORPORATED BY REFERENCE There are no forms or documents incorporated by reference in this proposed action. DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None.

Costs to any local agency or school district which must be reimbursed in accordance with GC §§ 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None. Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro - posed action.

Significant, statewide adverse economic impact di - rectly affecting California businesses: POST has de - termined that the proposed regulations will not have a significant, statewide adverse economic impact direct- ly affecting businesses, including the ability of Cali - fornia businesses to compete with businesses in other states. Significant effect on housing costs: None. Small Business Determination: POST has deter - mined that the proposed regulations will not affect small businesses because the regulation addresses processes and procedures related specifically to peace officer certification.

Additionally, the Commission’s main function to establish and maintain training stan - dards for law enforcement has no financial effect on small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser - vices to stakeholders by ensuring that the revocation of peace officer certifications related to felony and misdemeanor convictions identified in GC § 1029 go into effect with more expedience rather than being de- layed several months while pending Commission ap - proval.

Thus, the law enforcement standards are main- tained and effective in preserving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the state’s environment.

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

CONTACT PERSONS Questions regarding this proposed regulatory ac - tion may be directed to Katelynn Poulos, Commission on POST, 860 Stillwater Road, Suite 100, West Sacra- mento, CA 95605–1630, at (916) 227– 4894. General

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1653 questions regarding the regulatory process may be di - rected to Ashley Anderson at (916) 970–4635. TEXT OF PROPOSAL Individuals may request copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramen - to, CA 95605–1630. These documents are also lo - cated on the POST Website at https://post.ca.gov/ Regulatory–Actions.

ADOPTION OF PROPOSED REGULATIONS/ AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod - ify the proposal if such modifications remain suffi - ciently related to the text as described in the Informa - tive Digest.

If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is avail - able for public inspection by contacting the person(

s) named above. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 11. DEPARTMENT OF JUSTICE SUPERVISION OF TRUSTEES AND FUNDRAISERS FOR CHARITABLE PURPOSES ACT The Department of Justice (Department) proposes to adopt sections 332 and 333 of title 11, division 1,

chapter 4 of the California Code of Regulations con - cerning the dissolution, termination, or withdrawal of entities holding charitable assets. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed regulatory action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested per - son, or their authorized representative, no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action. The written comment period closes on February 4, 2025 at 5:00 p.m. Only written comments received by that time will be con - sidered. Please submit written comments to: Department of Justice Office of the Attorney General Charitable Trusts

Section Attention: Scott Chan, Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102–7004 (415) 510–3430 Scott.Chan@doj.ca.gov NOTE: Written and oral comments, attachments, and associated contact information (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority:

Section 12587, Government Code. Reference: Sections 6716, 8716, and 9680, Corpo - rations Code. 15404 and 16061.5, 16061.7 and 16110, Probate Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: The Supervision of Trustees and Fundraisers for Charitable Purposes Act (Act) provides the Attorney

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1654 General with enforcement and supervisory powers over all charitable corporations, unincorporated asso - ciations, trustees and other legal entities holding prop- erty for charitable purposes, commercial fundraisers for charitable purposes, fundraising counsel for char - itable purposes, commercial coventurers, and chari - table fundraising platforms. (Gov. Code, § 12580 et seq.) The Act establishes the Registry of Charities and Fundraisers, which is administered by the Department of Justice. (Gov.

Code, § 12587.1.) Organizations and persons subject to the Act are required to register and file periodic reports with the Attorney General, among other requirements. (Gov. Code, §§ 12585, subdivision (a), 12586, 12599, 12599.1, 12599.2.) The Attorney General is authorized to make rules and regulations regarding the Act. (Gov. Code, §§ 12586, subdivision (b), 12587.) A California nonprofit corporation that decides to stop operating and wind up operations must take cer - tain steps. The procedures to voluntarily wind up op - erations are called “dissolution” of the nonprofit cor - poration.

Dissolution can be accomplished by either filing an action with the superior court or by comply - ing with voluntary dissolution procedures. The first step in the voluntary dissolution process is the approval by the majority of the board of directors or members, or both, to elect to wind up and dissolve the nonprofit corporation. (Corp.

Code, §§ 5033, 5034, 6610, 6610.5, 8610, 8610.5, 9680.) After the board of directors and/or membership vote to dissolve, a certif- icate evidencing the election to wind up and dissolve must be filed with the Secretary of State and also for - warded to the Attorney General’s Registry of Charities and Fundraisers. (Corp. Code, §§ 6611, 8611, 9680.) The submission to the Registry of Charities and Fund- raisers of the Certificate of Election to Wind Up and Dissolve initiates the Attorney General’s review of the proposed disposition of the nonprofit corporation’s charitable assets. (Corp.

Code, §§ 6716, 8716, 9680.) To finalize dissolution with the Secretary of State, a nonprofit corporation is required to obtain from the Attorney General either a written waiver of objections to the dissolution concerning the distribution of the corporation’s assets or a written confirmation that the corporation has no assets. (Corp. Code, §§ 6716, 8716, 9680; Cal.

Code Regs., title 11, §§ 328–331.) The Corporations Code requires that nonprofit pub- lic benefit corporations, nonprofit mutual benefit cor - porations holding assets in charitable trust, and non - profit religious corporations obtain from the Attor - ney General a waiver of objections to distribution of assets. (Corp. Code, §§ 6615, 6716, 8716, 9680.) This waiver must be obtained from the Attorney General whether or not the corporation ever operated or ob - tained a tax–exempt status.

After obtaining the waiver of objections letter from the Attorney General, the nonprofit corporation must submit a copy of the letter with a Certificate of Disso- lution to the Secretary of State in order to finalize the dissolution process. Charitable trusts do not dissolve in the same way as nonprofit corporations. Instead, charitable trusts are subject to the procedures set forth in the Probate Code. (Prob.

Code, § 15400 et seq.) On termination of the trust, the trustee will want to terminate its registration with the Registry of Charities and Fundraisers so that it is no longer subject to the Registry’s registration and reporting requirements. Foreign charitable organizations may withdraw their registration with the Registry of Charities and Fundraisers provided that they no longer have charita- ble assets remaining in California, and that they will no longer solicit charitable donations from California residents, conduct business in California, or provide any services directed at California.

Effect of the Proposed Rulemaking: The regulations establish the process for entities holding charitable assets to obtain a waiver of objec - tions letter from the Attorney General. The regulations also establish the process for for - eign nonprofit corporations to withdraw their registra- tion with the Registry of Charities and Fundraisers, and for charitable trusts to terminate their registration.

Anticipated Benefits of the Proposed Regulations: Under California law, the Attorney General over - sees charities, charitable trustees, professional fund - raisers and other persons or legal entities that hold or solicit charitable donations to safeguard charitable as- sets for the charitable beneficiaries, to ensure dona - tions are used for their intended purposes, and to pro - tect the public and charities from fraud and deceptive or unfair solicitations.

These regulations provide the Attorney General with the opportunity to review and audit entities hold- ing charitable assets before they are dissolved or re - moved from the supervision of the Registry of Chari - ties and Fundraisers, and thereby reduce the potential for litigation as well as prevent the improper distribu - tion of charitable assets. Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to these proposed regulations.

Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department has determined that these pro - posed regulations are not inconsistent or incompatible with existing State regulations. After conducting a re - view for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern the dissolution, ter -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1655 mination, and withdrawal of entities holding charita - ble assets. Forms Incorporated by Reference: None. Other Statutory Requirements: None. DISCLOSURES REGARDING THE PROPOSED ACTION The Department’s Initial Determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None.

Cost or savings in federal funding to the state: None. Cost impacts on representative person or business: The Department has determined that any cost in - curred to submit the information required by the pro - posed regulations would be negligible. The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant effect on housing costs: None.

Significant, statewide adverse economic impact di - rectly affecting businesses, including ability to com - pete: The Department has made an initial determina - tion that the proposed action will not have a signifi - cant, statewide adverse economic impact directly af - fecting businesses, including the ability of California businesses to compete with businesses in other states.

Results of the Economic Impact Assessment (EIA): The Department concludes that it is (1) unlikely that the proposal will create or eliminate jobs with - in the state, (2) unlikely that the proposal will create new businesses or eliminate existing businesses with - in the state, (3) unlikely that the proposal will result in the expansion of businesses currently doing business within the state. The Department also concludes that:

(1) The proposal would benefit the health and welfare of California residents by enhancing Attorney General oversight of trusts and charitable corpo - rations and by providing clarity in communica - tions with members of the public.

(2) The proposal would not benefit worker safety be- cause it does not regulate worker safety standards.

(3) The proposal would not benefit the state’s envi - ronment because it does not change any applica - ble environmental standards. Business report requirement: Corporations Code sections 6716, 8716, and 9680 require that nonprof - it public benefit corporations, nonprofit mutual bene - fit corporations holding assets in charitable trust, and nonprofit religious corporations obtain from the Attor- ney General a waiver of objections to distribution of assets. Proposed

section 332 explains what informa - tion must be provided to obtain a waiver of objections. Proposed

section 333 explains what information must be provided for foreign nonprofit corporations to withdraw their registration with the Registry of Char - ities and Fundraisers, and for charitable trusts to ter - minate their registration with the Registry. The Department finds it is necessary for the health, safety or welfare of the people of this state that pro - posed sections 332 and 333, which require a report, apply to businesses.

Small business determination: The Department has determined that this proposed action does not affect small businesses because charitable entities are ex - empt from the definition of “small business.” (Gov. Code, § 11342.610, subdivision (b) (6).) CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Department has determined that the proposed regulations are the most effective way to provide en - tities with the necessary information to dissolve, ter - minate, or withdraw their registration status with the Registry of Charities and Fundraisers, and provide the necessary documentation to finalize dissolution with the California Secretary of State. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Department of Justice Office of the Attorney General Charitable Trusts

Section Attention: Scott Chan, Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102–7004 (415) 510–3430 Scott.Chan@doj.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1656 Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person.

In the event the contact person is unavailable, inquiries regarding the pro - posed action may be directed to the following backup contact person: Marlon Martinez Department of Justice 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 (213) 269–6437 regulations@doj.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying through - out the rulemaking process upon request to the con - tact person above.

As of the date this Notice of Pro - posed Rulemaking (Notice) is published in the No - tice Register, the rulemaking file consists of this No - tice, the Text of Proposed Regulations (the “express terms” of the regulations), the Initial Statement of Reasons, and any information upon which the pro - posed rulemaking is based. The text of this Notice, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based are available on the Department’s website at https://oag.ca.gov/charities/laws.

Please refer to the contact information listed above to obtain copies of these documents. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the Department analyzes all timely and rel - evant comments received during the 45–day public comment period, the Department will either adopt these regulations substantially as described in this no- tice or make modifications based on the comments.

If the Department makes modifications, which are suffi- ciently related to the originally–proposed text, it will make the modified text (with the changes clearly indi- cated) available to the public for at least 15 days be - fore the Department adopts the regulations as revised. Please send requests for copies of any modified reg - ulations to the attention of the name and address in - dicated above. The Department will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Department’s web- site at https://oag.ca.gov/charities/laws. Please refer to the contact information included above to obtain a written copy of the Final Statement of Reasons. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based are available on the Department’s website at https://oag.ca.gov/charities/laws. TITLE 16.

BOARD OF PHARMACY DIGITAL SIGNATURES NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (Board) proposes taking the rulemaking action described under the heading Infor - mative Digest/Policy Statement Overview below, after considering all comments, objections, and recommen- dations regarding the proposed action. 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 that person’s authorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- sons” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No - tice, must be received by the Board at its office no later than Monday, February 3, 2025, or must be received by the Board at the hearing, should one be scheduled. Authority and Reference : Pursuant to the authority vested by Business and Professions Code (BPC) sec - tion 4005 and Government Code (GC)

section 16.5, the Board proposes adding

section 1700 to Division 17 of Title 16 of the California Code of Regulations (CCR).

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1657 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is a state agency vested with the author - ity to license and regulate the pharmacy industry, in - cluding pharmacies, pharmacists, and pharmacy tech - nicians (BPC

section 4000, et seq.). The Board’s man- date and mission are to protect the public (BPC

section 4001.1). Government Code

section 16.5 establishes the au - thority for government agencies to accept digital sig - natures that meet specified conditions, including that each digital signature is unique to the person, capa - ble of verification, under the sole control of the person using it, and linked to data in such a manner that if the data are changed, the digital signature is invalidated, and that it conforms to regulations adopted by the Sec- retary of State. Existing regulation at Title 2, CCR

section 22003 specifies acceptable technologies for use and accep - tance of digital signatures — among the acceptable technologies is Public Key Cryptography. Public key cryptography is a method of encrypting or signing data. Some programs using public key cryptography in - clude DocuSign and Adobe Sign. In April 2023, the Board issued a policy statement regarding the acceptance of digital signatures. To ful - ly implement that policy statement, the Board must promulgate regulations. This proposal will add sec - tion 1700 to

Article 1 of Division 17 of Title 16 of the CCR to establish the requirements for the use of dig - ital signatures on documents submitted to the Board by the public. Anticipated Benefits of Proposal Protection of the public is the Board’s highest pri - ority in exercising its licensing, regulatory, and disci - plinary functions. The Board has determined that this regulatory proposal will have the following benefits to the health and welfare of California residents.

This proposal specifies the requirements for the use of digital signatures on documents, written communi - cation, and applications submitted to the Board. Ac - cepting digital signatures is a benefit to the consum - ers of California, as it eases some of the current chal - lenges licensees and applicants experience regarding signature requirements.

Easing the signature require - ments through the use of digital signatures will help reduce a barrier to licensure, in that wet signatures can take time to obtain, so use of digital signatures will re- duce the time it takes for a complete application to be received by the Board. This will increase the number of licensed pharmacists, pharmacy technicians, phar - macies, and other Board licensees available to serve California consumers, thereby benefiting the health and welfare of California consumers. This regulatory proposal does not affect employee safety or the state’s environment.

Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the Board conducted a search of any similar regulations on this topic and concluded that these reg- ulations are neither inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs/ Savings to State Agencies or Costs/Savings in Fed - eral Funding to the State: The proposed regulation does not result in a fiscal impact to the state.

The proposed regulation does not result in a fiscal impact to the state in the form of federal funding or any cost or savings to any state agency. Additionally, the Board does not anticipate addi - tional workload or costs resulting from the proposed regulation. Nondiscretionary Costs/Savings to Local Agen - cies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re - quire Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None.

Business Impact Estimates: The Board has made an initial determination that the proposed regulatory action would have no signif - icant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states. The proposed regulation specifies the requirements for the use of digital signatures on applications, doc - uments, and written communication submitted to the Board by the public. This regulation will benefit licensees and consumers, and will not have any ad - verse effects.

Cost Impact on Representative Private Person or Business: The Board is not aware of any negative cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1658 RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS: Impact on Jobs/New Businesses: The Board concludes that this proposal will not: (1) create jobs within California; (2) eliminate jobs within California; (3) create new businesses within California; (4) eliminate existing businesses within California; and (5) expand businesses currently doing business in the State of California. Benefits of Regulation: The Board determined that this proposal will not create or eliminate jobs or businesses.

The proposal specifies the requirements for use of digital signatures on documents, written communication, and applica - tions that are submitted to the Board. Accepting digi - tal signatures is a benefit to the consumers of Califor - nia, as it eases some of the current challenges licens - ees and applicants experience specifically regarding signature requirements. This will increase the number of licensed pharmacists, pharmacy technicians, phar - macies, and other Board licensees available to serve California consumers, thereby benefitting the health and welfare of California consumers.

This regulatory proposal does not affect employee safety or the state’s environment. Business Reporting Requirements This regulatory proposal does not require business - es to file a report with the Board. Effect on Small Business: While the Board does not have, nor does it main - tain, data to determine if any of its licensees (phar - macies and clinics) are a “small business,” as defined in Government Code

section 11342.610, the Board has determined that the proposed regulatory action con - cerning the use of digital signatures on applications, documents, and written communication submitted to the Board is a benefit to businesses, including small businesses, and will not have an adverse effect. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

Any interested person may submit comments — rel- evant to the above determinations — in writing, at the address listed below for the Contact Persons, during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF INITIAL STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulato - ry action, which includes the Initial Statement of Rea- sons (ISOR), proposed regulatory text, and all the in - formation upon which the proposal is based.

This ma- terial is contained in the rulemaking file and is avail - able for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions, the Initial Statement of Reasons, and all of the in- formation upon which the proposal is based, may be ob- tained upon request from the Board of Pharmacy at 2720 Gateway Oaks Drive, Suite 100, Sacramento, Califor- nia 95833, or from the Board of Pharmacy’s website at http://www.pharmacy.ca.gov/laws_regs/pending_ regs.shtml.

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1659 AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regu - lations are based is contained in the rulemaking file, which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons, once it has been prepared, by making a writ- ten request to the Contact Person named below or by accessing the website listed below.

Contact Persons Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Lori Martinez Address: Board of Pharmacy 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3100 Fax Number: (916) 574–8618 Email Address: PharmacyRulemaking@dca.ca.gov The backup contact person is: Name: Julie Ansel Address: Board of Pharmacy 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3100 Fax Number: (916) 574–8618 Email Address: PharmacyRulemaking@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the reg - ulations with modifications noted, as well as the Final Statement of Reasons when complet - ed, and modified text, if any, can be accessed through the Board of Pharmacy’s website at: https://www.pharmacy.ca.gov/laws_regs/pending_ regs.shtml.

TITLE 22. DEPARTMENT OF HEALTH CARE SERVICES SUBJECT: PHARMACIST SERVICES, DHCS–19–002 NOTICE IS HEREBY GIVEN t h a t t h e D e p a r t- ment of Health Care Services (Department) propos - es to adopt sections 51105.1, 51105.2, 51105.3, 51313.7, 51313.8, 51476.3, 51476.4, and 51505.4, and amend sections 51226 and 51227 under title 22, division 3,

chapter 3, of the California Code of Regulations, af - ter considering all public comments, objections, and recommendations. WRITTEN COMMENT PERIOD Any interested person or their duly authorized rep - resentative may submit written comments to the De - partment relevant to the regulatory action described in this notice. Please label any comments as pertaining to Phar- macist Services, DHCS–19–002 and submit using any of the following methods: Mail: Department of Health Care Services Office of Legal Services, Regulations, MS 0015 P.O.

Box 997413 Sacramento, CA 95899–7413 FAX: (916) 440–5748 Email: regulations@dhcs.ca.gov The written comment period closes on February 5, 2025. Any written comments, regardless of the meth - od of delivery, must be received by February 5, 2025, to be considered for review. Written comments should include the author’s con - tact information so the Department can provide no - tification of any further changes to the regulation proposal. A public hearing has not been scheduled for this rulemaking.

However, the Department will conduct a hearing if a written request for a public hearing is re - ceived from any interested person or their duly autho- rized representative, no later than 15 days before the close of the written comment period, pursuant to Gov- ernment Code

section 11346.8. The Department shall consider all comments re - ceived regarding the proposal equally, whether sub - mitted in writing or through oral testimony at a pub - lic hearing. AUTHORITY AND REFERENCE These regulations are being proposed under the fol- lowing authorities: Sections 10725, 14105, 14105.05, 14105.45, 14124.5 and 14132.968, Welfare and Institutions Code. These proposed regulations implement, interpret, or make specific the following: Sections 14059, 14105, 14105.05, 14105.45, 14124.1, 14124.2, 14132, 14132.968 and 14132.969, Welfare and Institutions Code; and

section 162.406, title 45, Code of Federal Regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1660 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The purpose of the Department is to provide equi - table access to quality health care leading to a healthy California for all. In support of this purpose, the De - partment administers many health care programs in - cluding California’s State Medicaid program known as the Medi–Cal program.

The Pharmacy Benefits Di- vision is responsible for setting policy and coverage for outpatient pharmacy services for the Medi–Cal program that includes the development and promulga- tion of regulations for these services, such as pharma- cist services. Related and Existing Laws and Regulations The Pharmacy Law, under

chapter 9 (commenc - ing with

section 4000) of division 2 of the Business and Professions (B&

P) Code provides for the licen - sure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy. The Phar- macy Law specifies procedures and functions that a pharmacist is authorized to perform. Since 2013, those procedures and functions expanded to include the fol- lowing pharmacist services: furnishing travel medi - cations (B&P Code

section 4052(a) (10) (A) (iii)), nal - oxone hydrochloride (B&P Code

section 4052.01), self–administered hormonal contraception (B&P Code

section 4052.3(a)), and nicotine replacement therapy (B&P Code

section 4052.9); initiating and administer- ing immunizations (B&P Code

section 4052.8); pro - viding tobacco cessation counseling (B&P Code sec - tion 4052.9); initiating and furnishing Human Immu- nodeficiency Virus (HIV) preexposure and HIV post - exposure prophylaxis (B&P Code sections 4052.02 and 4052.03); and providing Medication Therapy Management (MTM) in conjunction with dispensing specialty drugs (Welfare and Institutions (W&

I) Code

section 14132.968 — as described further below). The California State Board of Pharmacy has regu- lations in title 16, division 17 of the California Code of Regulations that specify the requirements a phar - macist must follow when engaging in these additional procedures and functions, except for MTM, that does not currently have implementing regulations. In 2016, the Legislature added

section 14132.968 to the W&I Code. This

section added these pharmacist services, except for MTM, to the Medi–Cal

schedule of benefits together with authorization for reimburse - ment for these services. These services are subject to Department protocols and utilization controls, as well as Centers for Medicare & Medicaid Services (CMS) approval. CMS initially authorized these services through approval of State Plan Amendment (SPA) TN Number 21–0028 (effective July 1, 2021), that was su- perseded, in part, by SPA 22–0013 (effective January 1, 2022). In 2021, the Legislature amended W&I Code

section 14132.968 to add MTM as a pharmacist service pro - vided in conjunction with specialty drugs; and

section 14132.969 was also added to authorize reimbursement to pharmacies for MTM provided by pharmacists. W&I Code

section 14105.05 authorizes the Depart- ment to update procedure–coding systems required for compliance with federal Medicaid requirements or the federal Health Insurance Portability and Accountabil - ity Act (HIP AA). This statute also authorizes the De- partment to establish corresponding reimbursement rates for these updated procedure codes. The Depart - ment may adopt these procedure codes and reimburse- ment rates without taking regulatory action. Further, the Department may publish these updated procedure codes and corresponding reimbursement rates in the Medi–Cal Provider Manual or a similar publication.

Statement of Purpose/Problem to be Addressed These proposed regulations are essential to imple - ment, interpret, and make specific W&I Code sections 14132.968 and 14132.969 that authorize these phar - macist services as Medi–Cal benefits that are eligible for reimbursement. This proposed regulatory action is required to meet the mandate of W&I Code

section 14132.968 that the Department promulgate regulations to implement this section. This regulatory proposal is necessary to establish a clear framework for the delivery of pharmacist ser - vices under the Medi–Cal program. These provisions specify how, where, and under what circumstances a pharmacist may render these services and be eligible for reimbursement. The provisions also include ref - erences to the relevant professional licensing statutes and regulations that apply to pharmacists and pharma- cies to further support clarity.

This regulatory proposal is necessary to ensure that beneficiaries have continued access to these critical pharmacist services (including MTM and specialty drugs), which prevent medication–related problems that are a significant public health issue within the healthcare system.

Estimates suggest that more than 1.5 million preventable medication–related adverse events occur each year in the United States, account - ing for an excess of $177 billion in medication–related morbidity and mortality costs. 1 Anticipated Benefits or Goals of the Regulations This regulatory proposal supports the purpose and intent of the Medi–Cal program as specified under W&I Code

section 14000 et seq.,

chapter 7, to afford qualifying individuals such as the aged and other per - sons (including those persons who lack sufficient an - nual income to meet the costs of health care) with cov- ered health care and related social services, in a man - ner equitable to the general public and without dupli - 1 core_elements_of_an_mtm_practice.pdf ( pharmacist.com).

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1661 cation of benefits available under other federal or state laws. Within

chapter 7,

section 14124.5 specifies that the Director may, in accordance with

section 10725, pro - mulgate regulations as are necessary or proper to car - ry out the purpose and intent of

chapter 7, including implementation of the uniform

schedule of health care benefits under the Medi–Cal program, as described under

section 14131 et seq., that includes sections 14132.968 and 14132.969 that provide for pharma - cist services. Additionally, within

chapter 7,

section 14105 specifies that the Director shall prescribe poli - cies and regulations for the administration of the chap- ter, which include the establishment of reimbursement rates for payment of health care services, such as phar- macist services. The inclusion of these new regulations and amend - ments to existing regulations will directly support pharmacists who render these pharmacist services as well as pharmacies where these services are rendered through the adoption of current benefit information and provisions related to claims and payment.

This in turn facilitates the convenient delivery of these phar - macist services to beneficiaries who can access these services and medications from pharmacists without having to make an appointment to be seen by a doc - tor. Similar to Medi–Cal covered services provided by nurses, physician assistants, and other non–physician medical providers, a pharmacist consults with a bene - ficiary, assesses their need for a medication, immuni - zation, or MTM, then selects and provides it as appro- priate.

Pharmacist services fit into the current pharma- cy workflow model, where a beneficiary could request or be recommended a service at a pharmacy, similar to how immunizations are offered on a walk–in basis.

This regulatory proposal implements pharmacist services that will not only ensure more timely access to preventive care, but will also support efforts to do the following: decrease opioid–related deaths by in - creasing access to naloxone; prevent unintended preg- nancies; increase rates of tobacco cessation; increase immunization rates; reduce illnesses contracted due to travel; and expand access and remove barriers for treatments used in the prevention of HIV to reduce and ultimately eliminate new HIV infections in Cali - fornia and decrease HIV infections nationwide.

Furthermore, providing MTM and its availability will further optimize clinical outcomes for beneficia - ries who take specialty drugs, are on multiple medi - cations including over–the–counter, herbal, or dietary supplements, or those who have multiple or serious health or mental health conditions. MTM is also an - ticipated to improve health outcomes of beneficiaries who are at risk of treatment failure due to noncompli - ance, nonadherence, or other factors found to affect drug therapy outcomes negatively, leading to high– cost Emergency Room (ER) visits and hospitaliza - tions.

MTM prevents medication–related problems, improves patient health, slows the progression of dis - ease, reduces ER visits, and reduces hospitalizations and related costs. The accessibility of MTM ensures the availability of high–cost specialty drugs and the viability of pharmacies that dispense these drugs to beneficiaries, supporting the continued access to these services.

In addition to meeting the goals of the authorizing statutes as described above, these proposed regula - tions support the proper and efficient administration of the Medi–Cal program in accordance with the fed - eral and state laws that govern the program’s rules of participation and funding. Consistency and Compatibility with Existing State Regulations The Department has conducted an evaluation of the related existing state regulations under California Code of Regulations, title 22, division 3,

chapter 3 and has determined that the proposed regulations are con - sistent with and compatible with those regulations. An automated search of title 22, using the following key - words “pharmacy,” “pharmacies,” “pharmacist,” and “pharmacist services,” was conducted via Westlaw and yielded no conflicting state regulations. Regulation Sections This proposed regulatory action adopts sections 51105.1, 51105.2, 51105.3, 51313.7, 51313.8, 51476.3, 51476.4, and 51505.4, and amends sections 51226 and 51227 under California Code of Regulations, title 22, division 3,

chapter 3, to accomplish the following: ● Define pharmacist services, medication therapy management, and specialty drugs. ● Amend standards for participation in the Medi– Cal program for a pharmacy and pharmacists. ● Establish the scope of pharmacist services, in - cluding MTM. ● Describe pharmacist services records mainte - nance and availability; and claim submission requirements. ● Establish and direct providers to reimburse - ment rates for pharmacist services; and describe claim limitations and written substantiation requirements. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations:

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1662 FISCAL IMPACT STATEMENT Costs to any Local Agency or School District that is required to be reimbursed Under

Part 7 (commenc - ing with

Section 17500), Division 4 of the Government Code: None. Costs to any Local Agency or School District that is not reimbursable by the State: None. Costs or Savings to any State Agency: Savings to the General Fund (GF) is expected to phase in over several years.

For FY 2022–23, FY 2023–24, FY 2024–25, FY 2025–26, and FY 2026– 27 is: Fiscal Years TF GF FF FY 2022–23 ($27,098,000) ($9,727,000) ($17,371,000) FY 2023–24 ($25,135,000) ($9,064,000) ($16,071,000) FY 2024–25 ($23,696,000) ($8,578,000) ($15,118,000) FY 2025–26 ($23,446,000) ($8,494,000) ($14,952,000) FY 2026–27 ($23,437,000) ($8,491,000) ($14,946,000) Costs or Savings in Federal Funding to the State: Savings to the Federal Fund (FF) is expected to phase in over several years.

For FY 2022–23, FY 2023–24, FY 2024–25, FY 2025–26, and FY 2026– 27 is: Fiscal Years TF GF FF FY 2022–23 ($27,098,000) ($9,727,000) ($17,371,000) FY 2023–24 ($25,135,000) ($9,064,000) ($16,071,000) FY 2024–25 ($23,696,000) ($8,578,000) ($15,118,000) FY 2025–26 ($23,446,000) ($8,494,000) ($14,952,000) FY 2026–27 ($23,437,000) ($8,491,000) ($14,946,000) Other Nondiscretionary Costs or Savings Including Revenue Changes Imposed on State or Local Agen - cies: None.

All cost impacts, known to the Department at the time the notice of proposed action was submitted to the Office of Administrative Law, that a representative private person or business would necessarily incur in reasonable compliance with the proposed action: The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Department has determined that the proposed regulations would not impose a mandate on local agencies or school districts, nor are there any costs for which reimbursement is required by

part 7 (commenc- ing with

section 17500) of division 4 of the Govern - ment Code. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT AFFECTING BUSINESSES The Department has made an initial determination that the proposed regulations would not have a signif- icant statewide adverse economic impact directly af - fecting businesses, including the ability of California businesses to compete with businesses in other states. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (ANALYSIS) In accordance with Government Code

section 11346.3(b) (1), the Department has determined that the proposed regulations would not significantly affect the following: 1. The creation or elimination of jobs in California. 2. The creation or elimination of businesses in California. 3. The expansion of businesses currently doing business in California. IMPACT ON JOBS AND BUSINESSES The proposed regulatory action clarifies and adds specificity to the current pharmacist regulations. These regulations authorize pharmacist services in - cluding MTM to be eligible for Medi–Cal reimburse - ment.

This proposed regulatory action will only affect pharmacies and pharmacists who participate in the Medi–Cal program and provide pharmacist services, as specified. There is no significant impact to the state in the creation or elimination of businesses or jobs; however, MTM is expected to have a positive econom- ic impact and enhance the financial viability of phar - macies who provide MTM. BENEFITS OF THE PROPOSED REGULATION The Department has determined that the proposed regulations will not affect worker safety or the state’s environment.

However, the proposed regulations will benefit pharmacists and pharmacies administratively by offering clear and current pharmacist services ben- efit, claims, and reimbursement information. This in turn will benefit the health and welfare of California’s residents by continued delivery of these critical ser - vices. These regulations support the proper and effi - cient administration of the Medi–Cal program in ac - cordance with the federal and state laws that govern the program’s rules of participation and funding.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1663 EFFECT ON SMALL BUSINESSES The Department has determined that small busi - nesses are assumed to be impacted because MTM re - imbursement will have a positive economic impact and enhance the financial viability of pharmacies who choose to participate in the Medi–Cal program and provide MTM. HOUSING COSTS DETERMINATION The Department has made the determination that the proposed regulations would have no impact on housing costs. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a) (13), the Department must determine that no reasonable alternative considered by the Depart - ment or that has otherwise been identified and brought to the attention of the Department would be more ef - fective in carrying out the purpose for which the ac - tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. Regulations pertaining to Medi–Cal benefits, in - cluding those related to pharmacists and pharmacies are located in California Code of Regulations, title 22,

chapter 3, Health Care Services. Using this regulato - ry proposal to include provisions for pharmacist ser - vices is the most effective and convenient way to pro- vide updated information directly to affected parties, including Medi–Cal providers and beneficiaries. This proposed regulatory action is also necessary to meet the mandate of W&I Code

section 14132.968 that the Department promulgate regulations to implement this section. ASSISTIVE SERVICES For individuals with disabilities, the Depart - ment will provide assistive devices, including sign–language

interpretation, real–time captioning, note takers, reading or writing assistance, and conver- sion of training or meeting materials into braille, large print, audio or electronic format. To request these ser- vices, copies in an alternative format or language ser - vices, all free of charge, please call or write: Department of Health Care Services Office of Legal Services, Regulations MS 0015 P.O.

Box 997413 Sacramento, CA 95899–7413 Program Phone Number: (916) 440–7695 Program Email: regulations@dhcs.ca.gov Please note that the range of assistive services avail- able may be limited if requests are received less than ten working days prior to the meeting or event.

The Department shall provide, upon request from a person with a visual disability or other disability for which effective communication is required under state or federal law, a narrative description of the additions to, and deletions from, the California Code of Regula- tions or other publication in a manner that allows for accurate translation by reading software used by the visually impaired. Providing this description may re - quire extending the period of public comment for the proposed action pursuant to Government Code Sec - tion 11346.6.

CONTACT PERSONS Inquiries regarding the proposed regulations de - scribed in this notice may be directed to Sylvana Ho of the Pharmacy Benefits Division at (916) 345–8651. All other inquiries concerning the action described in this notice may be directed to Greg Rodriguez of the Office of Legal Services, Regulations, at (916) 345–8396, or to the designated backup contact person, Jasmin Delacruz, at (916) 345–8418.

AVAILABILITY OF TEXT OF REGULATIONS AND STATEMENT OF REASONS The Department has prepared and has available for public review an initial statement of reasons for the proposed regulations, all the information upon which the proposed regulations are based, and the text of the proposed regulations. The Office of Legal Services, Regulations, at the address noted above, will be the lo- cation of public records, including reports, documen - tation, and other material related to the proposed reg - ulations (rulemaking file).

In addition, a copy of the fi- nal statement of reasons (when prepared) will be avail- able upon request. The full text of any regulation which is changed or modified from the express terms of this proposed ac - tion will be made available by the Department at least 15 days prior to the date on which the Department adopts, amends, or repeals the resulting regulation.

Materials regarding the regulatory action de - scribed in this notice (including this public notice, the regulation text, and the initial statement of rea - sons) are posted to the Department’s Internet site at: http://www.dhcs.ca.gov/formsandpubs/laws/Pages/ ProposedRegulations.aspx. In order to request a copy of this public notice, the regulation text, and the initial statement of reasons be mailed to you, please call (916) 440–7695 (or Califor-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1664 nia Relay at 711), email — regulations@dhcs.ca.gov, or write to Office of Legal Services, Regulations at the address noted above.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CONSISTENCY DETERMINATION N UMBER 2080R–2024–019–01 Project: T en Mile River Habitat Enhancement Phase 2 Mainstem and Mill Creek Restoration Project Location: M endocino County Applicant: T he Nature Conservancy Background The Nature Conservancy (Applicant) proposes to enhance existing habitat and increase floodplain con - nectivity in Ten Mile River and Mill Creek.

The Ten Mile River Habitat Enhancement Phase 2 Mainstem and Mill Creek Project (Restoration Project) includes constructing side channels, creating an off–channel pond, breaching a levee, and installing large wood fea- tures. Newly created side channels will improve hab - itat for rearing juvenile salmonids and other aquatic species. The off–channel pond will provide important habitat for fish and wildlife species. An existing le - vee on Mill Creek will be breached to restore process and function and will restore connectivity to the ad - jacent floodplain.

Finally, large wood features will be installed throughout the project area to promote scour to increase habitat complexity and provide cover for aquatic species. The Restoration Project activities described above are expected to take 1 coho salmon ( Oncorhynchus kisutch) (Covered Species) where those activities take place within Ten Mile River and Mill Creek. In par - ticular, the Covered Species could be taken as a result of movement out of harm’s way prior to restoration ac- tions.

The Covered Species is designated as an endan- gered species pursuant to both the federal Endangered Species Act (ESA) (16 U.S.C. § 1 531 et seq.) and the California Endangered Species Act (CESA) (Fish & Game Code, § 2 050 et seq.; Cal. Code Regs., title 14, § 670.5, subdivision (a) (2) (N)). Covered Species individuals are documented as present at the Restoration Project site. Because of the 1 Pursuant to Fish and Game Code

section 86, “ ‘Take’ means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” proximity of the nearest documented Covered Spe - cies, dispersal patterns of the Covered Species, and the presence of suitable habitat for the Covered Spe - cies within the Restoration Project site, the National Marine Fisheries Service (NMFS) determined that the Covered Species is reasonably certain to occur with - in the Restoration Project site and that Restoration Project activities are expected to result in take of the Covered Species.

NMFS anticipates that an estimat - ed maximum of 300 juvenile individuals of the Cov - ered Species could be captured, of which nine may be killed as a result of implementing the proposed Resto- ration Project. NMFS anticipates that the Restoration Project will improve salmonid habitat and salmonid survival over the long–term. The intent of the Restoration Project is to improve off–channel rearing habitat for Covered Species through the addition of large wood and creation of off– channel habitat.

NMFS has determined that the long– term effects of the Restoration Project actions will be beneficial to the Covered Species and are expected to result in increased usage of the area by Covered Spe - cies. According to NMFS, construction of the Resto - ration Project will result in habitat enhancement and improved floodplain connectivity on approximately 0.5 miles of Ten Mile River and Mill Creek.

As described below, the Central Coastal California Office of the National Oceanic and Atmospheric Ad - ministration Restoration Center (NOAA RC) has de - termined that the Restoration Project meets the eligi - bility requirements of the NOAA RC’s Central Coast- al California Office Restoration Program for resto - ration actions within the NOAA RC’s Santa Rosa Of - fice jurisdictional area (Program). The Program is implemented by the NOAA RC and the U.S. Army Corps of Engineers, San Francisco District Regulato - ry Division (Corps).

Because the Program is expect - ed to result in incidental take of species designated as threatened or endangered under the federal ESA, the NOAA RC and the Corps consulted with NMFS pur - suant to

section 7 of the ESA (NMFS Consultation No: WCRO–2015–3755). On June 14, 2016, NMFS issued a programmatic biological opinion, entitled Endangered Species Act

Section 7(a)

(2) Biological Opinion and Magnuson–Stevens Fishery Conserva - tion and Management Act Essential Fish Habitat Re - sponse for the Program for restoration projects with - in the NOAA RC’s Central Coastal California Office jurisdictional area in California to the NOAA RC and the Corps. On August 3, 2022, NMFS issued an ad - dendum to that programmatic biological opinion. The June 14, 2016, programmatic biological opinion and the August 3, 2022, addendum to that programmatic biological opinion are hereinafter referred to collec - tively as the Programmatic Biological Opinion (PBO). The PBO describes the Program’s eligibility criteria

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1665 for restoration projects and requires all projects that receive NOAA RC approval for inclusion in the Pro - gram to comply with terms of the PBO and its inciden- tal take statement (ITS). The Applicant submitted a project–specific applica- tion on September 6, 2024, to the NOAA RC for the Restoration Project, a copy of which is attached here - to and incorporated herein as Exhibit 1.

The NOAA RC issued a project–specific approval for the Resto - ration Project on September 23, 2024, a copy of which is attached hereto and incorporated herein as Exhibit 2. The NOAA RC’s project–specific approval for the Restoration Project requires the Applicant to comply with the terms of the ITS, along with the accompa - nying PBO, project–specific application, and project– specific approval, when carrying out the Restoration Project.

On October 7, 2024, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

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

Notice Register 2024, Number 47– Z, page 1557.) Determination CDFW has determined that the ITS, along with the accompanying PBO, project–specific applica - tion, and project–specific approval, is consistent with CESA as to the Restoration Project and the Covered Species because the measures contained in the ITS, along with the accompanying PBO, project–specif - ic application, and project–specific approval meet the conditions set forth in Fish and Game Code

section 2081, subdivisions (

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

Avoidance, Minimization, and Mitigation Measures The avoidance, minimization, and mitigation mea - sures in the ITS and PBO include, but are not limited to, the following: 1) The general construction season shall be from June 15 to October 31. Applicant shall ensure that restoration, construction, Covered Species reloca- tion, and dewatering activities within any wetted or flowing stream channel shall occur only within this period.

Exceptions regarding the construc - tion season will be considered on a case–by–case basis only if justified and if measurable precipi - tation sufficient to produce runoff is not forecast to occur during any of the above activities, and if approved by the NOAA RC, Corps, and NMFS.

Revegetation activities including limited soil preparation outside the active channel may occur beyond October 31 if necessary to better ensure successful plant establishment during the onset of winter precipitation. 2) The Applicant shall ensure Covered Species are excluded from re–entering the work area by blocking the stream channel above and below the work area with fine–meshed net or screens. Mesh will be no greater than 1/8–inch diameter. The bottom of the seine must be completely secured to the channel bed to prevent fish from reentering the work area.

Exclusion screening must be placed in areas of low water velocity to minimize Cov - ered Species impingement. Upstream and down - stream screens must be checked daily (prior to, during, and after instream activities) and cleaned of debris to permit free flow of water.

Block nets shall be placed and maintained throughout the construction period at the upper and lower extent of the areas where fish will be removed. 3) Prior to dewatering a construction site, qualified individuals will capture and relocate Covered Species to avoid direct mortality and minimize take. 4) Applicant shall ensure that debris, soil, silt, ex - cessive bark, rubbish, creosote–treated wood, raw cement/concrete or washings thereof, as - phalt, paint or other coating material, oil or oth - er petroleum products, or any other substances which could be hazardous to aquatic life, result - ing from Project–related activities, are prevented from contaminating the soil and/or entering the waters of the State.

Any of these materials, placed within or where they may enter a stream or lake, by the Applicant or any party working under con- tract, or with permission of the Applicant, shall be removed immediately. During Restoration Project activities, Applicant shall ensure that all trash that may attract potential predators of sal - monids are properly contained, removed from the work site, and disposed of daily. 5) No heavy equipment will enter wet channels. 6) Areas for fuel storage, refueling, and servicing of construction equipment must be in an upland location.

Monitoring and Reporting Measures The monitoring and reporting measures in the ITS and PBO include, but are not limited to, the following:

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1666 1) Following construction, the Applicant must sub - mit a postconstruction implementation report to the NOAA RC and the Corps.

The implementa - tion report shall include project as–built plans and photo documentation of project implementa - tion taken before, during, and after construction, using CDFW photo monitoring protocols. 2) Annually, the NOAA RC and Corps will prepare a report summarizing results of Restoration Proj- ects implemented under this Program during the most recent construction season, and results of post–construction implementation and effective - ness monitoring for that year and previous years. The annual report shall include a

summary of the specific type and location of each Restoration Project and the evolutionarily significant unit or distinct population segment affected. Although not a condition of the PBO, CDFW re - quests a copy of these reports as well. The reports should include dates construction occurred and the success of revegetation and restoration. Pursuant to Fish and Game Code

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

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

a) and (c)). CDFW’s determination that the ITS, along with the accompanying PBO, project–specific application, and project–specific approval, is consistent with CESA is limited to the Covered Species and the Restoration Project.

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT AIR TOXICS HOT SPOTS PROGRAM AMENDMENT TO NOTICE OF PUBLIC COMMENT PERIOD AND WORKSHOPS ON DRAFT REFERENCE EXPOSURE LEVELS FOR 1,4–DICHLOROBENZENE On November 29, 2024, the Office of Environ - mental Health Hazard Assessment (OEHHA) pub - lished the “Notice of Public Comment Period and Workshops on Draft Reference Exposure Levels for 1,4–Dichlorobenzene” (OAL Notice File Number Z2024–1119–09). OEHHA is hereby updating in - formation regarding the Southern California public workshop.

Within the previously published Notice of Public Comment Period and Workshops, the information re - garding the Southern California public workshop was noted as “To be determined.” The complete Northern and Southern California workshop information is now listed below. No other details related to the public com- ment period or public workshops have been changed. Public workshops will be held in Northern and Southern California at the following locations and times. Northern California December 16, 2024 9:00 a.m.–11:00 a.m.

Sierra Hearing Room Auditorium 1001 I Street Sacramento, CA 95814 https://video.calepa.ca.gov/ Southern California January 7, 2025 1:00 p.m.–3:00 p.m. Cal EPA Building Ronald Reagan State Building 300 S Spring St #2 Los Angeles, CA 90013

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1667

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 Resources Recycling and Recovery File # 2024–1127–01 Processing Payment Emergency Regulations In this emergency rulemaking action, the Depart - ment of Resources Recycling and Recovery amends the reasonable financial return for recycling centers to ten percent of the statewide average allowable costs calculated in Title 14,

section 2960. Title 14 Amend: 2975 Filed 12/05/2024 Effective 12/05/2024 Agency Contact: Emma Cervantes (916) 341–6274 Division of Workers’ Compensation File # 2024–1031–01 Workers’ Compensation — Official Medical Fee

Schedule — Pharmaceutical This regulatory action is submitted as exempt from the Administrative Procedure Act as fixing a rate, price or tariff, pursuant to Government Code

section 11340.9(g). This action amends and adopts multiple sections of title 13 of the California Code of Regula - tions relating to medical fee schedules.

Title 08 Adopt: 9789.40.1, 9789.40.2, 9789.40.3, 9789.40.4, 9789.40.5, 9789.40.6, 9789.40.7 Amend: 9789.12.1, 9789.13.2, 9789.13.3, 9789.40, 9789.111 Filed 12/11/2024 Effective 07/01/2025 Agency Contact: Jacqueline Schauer (510) 286–0563 Fair Political Practices Commission File # 2024–1122–06 Contributions to a Candidate In this rulemaking action the Fair Political Practic - es Commission amends its regulations regarding the carryover of campaign contributions.

Title 02 Amend: 18537.1 Filed 12/11/2024 Effective 01/10/2025 Agency Contact: Amanda Apostol (916) 322–5660 Board of Accountancy File # 2024–1115–01 Peer Review Reporting Form This action without regulatory effect by the Califor- nia Board of Accountancy amends the revision date of “Form PR–1” (Peer Review Reporting Form) which is incorporated by reference within title 16 sections 43 and 45 of the California Code of Regulations to corre- spond with the most recent amendments to the docu - ment.

Additionally, this action amends said document by replacing references made to the term “substan - dard” with the term “fail” as well as minor formatting adjustments. Title 16 Amend: 43, 45 Filed 12/11/2024 Agency Contact: Diana Godines (279) 226–4599 Department of Food and Agriculture File # 2024–1025–03

Schedule I This action without regulatory effect by the Cali - fornia Department of Food and Agriculture (“Depart - ment”) amends the heading for

Section 3899 of Title 3 of the California Code of Regulations (“CCR”). Spe - cifically, this action will add “Agricultural and Vege - table Seeds” to the

section heading, reflecting that na- ture and subject of the regulatory language therein. Title 03 Amend: 3899 Filed 12/05/2024 Agency Contact: Rachel Avila (916) 698–2947 Department of Industrial Relations File # 2024–1018–03 Transmittal of Request for Review to Department This change without regulatory effect updates trans- mittal address information for Enforcement Agencies submitting a Request for Review (prevailing wage hearing request) and related documents by adding an option to submit through a website portal address.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 51–Z 1668 Title 08 Amend: 17223 Filed 12/04/2024 Agency Contact: Ann Wu (213) 897–3225 Secretary of State File # 2024–1030–01 Voter Registration Affidavits This regular rulemaking action by the California Secretary of State amends regulations prescribing the form of paper voter registration affidavits.

Title 02 Adopt: 19050 Repeal: 19050, 19050.5, 19050.6, 19050.7, 19050.8, 19052, 19053, 19055, 19056, 19059, 20050, 20051 Filed 12/11/2024 Effective 04/01/2025 Agency Contact: Robbie Anderson (916) 216–6488 California Architects Board File # 2024–1018–04 Reciprocity Requirements This action updates the reciprocity requirements for architects from other U.S. jurisdictions or other coun - tries and lists the application requirements for the Cal- ifornia State Examination.

Title 16 Amend: 121, 124 Filed 12/04/2024 Effective 04/01/2025 Agency Contact: Timothy Rodda (279) 895–1246 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quar - ter. For additional information on actions taken by OAL, please visit oal.ca.gov.