California Regulatory Notice Register — Register 2025, No. 22-Z (MAY 30, 2025)
Cal. Reg. Notice Reg. 2025, No. 22
California Z Register
GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2025, NUMBER 22–Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW M AY 30, 2025 PROPOSED ACTION ON REGULATIONS TITLE 2. F AIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2025–0520–03 ........................................ 663 AMENDMENT MULTI–COUNTY: San Luis Obispo County Community College District STATE AGENCY: California Law Revision Commission TITLE 3.
DEP ARTMENT OF PESTICIDE REGULATION Pesticide Use Near Schoolsites — Notice File Number Z2025–0520–01 ..................................... 664 TITLE 10. HEAL TH BENEFIT EXCHANGE Identity Verification Requirement — Notice File Number Z2025–0520–04 ................................... 667 TITLE 10. DEP ARTMENT OF FINANCIAL PROTECTION AND INNOV ATION Money Transmission Act – Officer Certification — Notice File Number Z2025–0519–02 ........................ 671 TITLE 13. AIR RESOURCES BOARD Advanced Clean Trucks (ACT) Pooling Amendments — Notice File Number Z2025–0513–06 .................... 673 TITLE 13.
NEW MOTOR VEHICLE BOARD Motions; Form, Briefing, and Hearings — Notice File Number Z2025–0519–01 .............................. 678 TITLE 14. FISH AND GAME COMMISSION Commercial Take of Market Squid — Notice File Number Z2025–0520–06 .................................. 681 TITLE 14. FISH AND GAME COMMISSION Recreational Crab Gear and Commercial Passenger Fishing Vessel Trap Validation — Notice File Number Z2025–0520–05 ...................................................... 685 TITLE 15.
DEP ARTMENT OF CORRECTIONS AND REHABILITATION Health Care Allegations of Staff Misconduct — Notice File Number Z2025–0516–01 .......................... 689 (Continued on next page) Time- Dated Material
TITLE 21. DEPARTMENT OF TRANSPORTATION Automatic Vehicle Identification Specifications — Notice File Number Z2025–0515–01 ........................ 692 TITLE 22. DEPARTMENT OF TOXIC SUBSTANCES CONTROL Conditional Exemption for Undeployed Airbags — Notice File Number Z2025–0520–02 ....................... 694 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Honey Lake Wildlife Area Water Delivery Project ....................................................... 700
SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 700 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].
It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $409.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 663 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 Political Practices Commission, pursuant to the authority vest - ed in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of–in - terest codes, will review the proposed/amended con - flict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: San Luis Obispo County Community College District STATE AGENCY: California Law Revision Commission A written comment period has been established commencing on May 30, 2025, and closing on July 14, 2025.
Written comments should be directed to the Fair Political Practices Commission, Attention: Andrea Spiller Hernandez, 1102 Q Street, Suite 3050, Sacramento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest codes 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 codes will be submitted to the Commission for review. The Executive Director of the Commission will re - view the above–referenced conflict–of–interest codes, proposed pursuant to Government Code
Section 87300, which designate, pursuant to Government Code
Section 87302, employees who must disclose 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 codes 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 codes.
Any writ - ten comments must be received no later than July 14, 2025. 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 increased costs to local government which may re - sult 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. Therefore, they are not “costs mandated by the state” as defined 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 Commission as the code–reviewing body for the above conflict–of–in- terest codes shall approve codes as submitted, revise the proposed code, and approve it as revised, or return the proposed code for revision and re–submission.
REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest codes should be made to Andrea Spiller Hernandez, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email aspiller–hernandez@fppc.ca.gov.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 664 AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Commission should be made to Andrea Spiller Hernandez, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email aspiller–hernandez@fppc.ca.gov. TITLE 3.
D EPARTMENT OF PESTICIDE REGULATION PESTICIDE USE NEAR SCHOOLSITES DPR REGULATION NUMBER 25–003 The Department of Pesticide Regulation (DPR) proposes to amend Title 3, California Code of Regulations (3 CCR) sections 6428, 6434, 6623, 6624, 6690, and 6692. The proposed action will incorporate and conform DPR’s regulations to new requirements established by Assembly Bill (AB) 1864 (Stats. 2024,
Chapter 552), which became effective on January 1, 2025, by regulating pesticide applications made for the production of an agricultural commodity within ¼ mile of a schoolsite. This proposed action would require a separate site identification (site ID) number for the portion of an ag- ricultural field that lies within ¼ mile of a schoolsite. Additionally, for applications made for the produc - tion of an agricultural commodity within ¼ mile of a schoolsite: 1. R estricted material permit applications must include the anticipated method of application as specified in 3 CCR
section 6691. 2. N otices of intent (NOIs) must include the method of application as specified in 3 CCR
section 6691 and the allowable dates and time ranges during which the application can be applied that comply with the date and time restrictions in 3 CCR
section 6691. 3. P esticide use reports (PUR) must include method of application as specified in 3 CCR
section 6691. This proposed action also expands the definition of “schoolsite” to include private schools (kindergarten and grades 1–12) serving six or more pupils effective December 31, 2026. DPR anticipates that these regulations will go into effect on January 1, 2026. SUBMITTAL OF COMMENTS Any interested person may present comments in writing about the proposed action to the agency con - tact person named below. DPR will accept written comments that are submitted via U.S. mail and post - marked no later than July 14, 2025.
Written comments regarding this proposed action may also be transmit - ted via SmartComment online comment portal at <https://cdpr.commentinput.com?id=e87ajZUFV >. Comments must be received no later than July 14, 2025. A public hearing is not scheduled. However, one will be scheduled if any interested person submits a written request to DPR no later than 15 days prior to the close of the written comment period. 1 EFFECT ON SMALL BUSINESS DPR has determined that the proposed regulatory action does affect small business.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW DPR’s mission is to protect human health and the environment by fostering sustainable pest manage - ment and regulating pesticides. In furtherance of this mission, DPR carries out a comprehensive science– based regulatory system. Under DPR’s existing regulations, 3 CCR
section 6428 requires each application for a permit for agri - cultural use of a restricted material to contain certain information, including the expected method of appli - cation. Existing
section 6434 establishes the required information for an NOI, including the location of areas to be treated, method of application and the date and time an intended application is to commence. Existing
section 6623 requires, prior to using a pesticide(
s) for the production of an agricultural commodity, the op - erator of the property to obtain a site ID number from the county agricultural commissioner (CAC) for each site where pest control work will be performed. The CAC is required to record the site ID number(
s) on a restricted materials permit or a form approved by the Director. Existing
section 6624 requires the opera- tor of the property that is producing an agricultural commodity, and an agricultural pest control business applying pesticides to such property, to maintain PUR that includes the method of application and the date and time the application started and ended.
Lastly, existing regulations in sections 6690–6692 define “schoolsite,” impose use limitations on certain pesti - cide applications near schoolsites at certain times, and require growers to notify public K–12 schools, child day care facilities (except family day care homes), and 1 If you have special accommodation or language needs, please include this in your request for a public hearing. TTY/TDD speech–to–speech users may dial 7–1–1 for the California Relay Service.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 665 CACs when certain pesticide applications made for the production of an agricultural commodity near a schoolsite are planned in the coming year. Effective January 1, 2025, AB 1864 added Food and Agricultural Code (FAC)
section 13189.1(a), which re- quires DPR to require a separate site ID number for the portion of an agricultural field that lies within ¼ mile of a schoolsite.
AB 1864 also added FAC sections 13189.1(b)–(d), which require DPR to require, for ap- plications for the production of an agricultural com - modity within ¼ mile of a schoolsite: (1) the specific anticipated application method to be reported on re - stricted material permit applications; (2) the specific pesticide application method and the allowable dates and times during which the pesticide is to be applied to be reported on NOIs; and (3) the specific method of application and the exact date and time of the start and end of the application to be reported on PUR. Additionally, AB 1864 added FAC
section 13189.3, which requires DPR, on or before December 31, 2026, to expand the scope of 3 CCR sections 6690–6692 to also apply to private schools serving pupils in kinder - garten or any of grades 1 to 12, inclusive, with an en - rollment of 6 or more pupils. Finally, AB 1864 added FAC
section 13189.5, which exempts a school conduct- ed in a person’s residence from the provisions in FAC, Division 7,
Chapter 2,
Article 17.5. Overall, this proposed action will align DPR’s ex - isting regulations with the FAC requirements recently added by AB 1864. Specifically, the proposed action will require agricultural restricted material permit ap - plications to use of a restricted material for the pro - duction of an agricultural commodity within ¼ mile of a schoolsite to list a method of application specified in 3 CCR
section 6691. The proposed action will also require NOIs to list the site ID number and, for ap - plications made for the production of an agricultural commodity within ¼ mile of schoolsites, require NOIs to include the method of application as specified in 3 CCR
section 6691 and to provide the allowable dates and time ranges during which the application can be applied in compliance with the date and time restric - tions in 3 CCR
section 6691. Additionally, the pro - posed action will require a separate site ID number for the portion of an agricultural field that lies within ¼ mile of a schoolsite, allow the operator of a property to voluntarily include portions of a field that are greater than ¼ mile from a schoolsite within that separate site ID number, and, if applicable, require CACs to indi - cate on the permit or form whether a site ID number is subject to the requirements in 3 CCR sections 6690– 6692. Furthermore, the proposed action will require PUR for applications made for the production of an agricultural commodity with ¼ mile of a schoolsite to include the method of application as specified in 3 CCR
section 6691. The proposed action will expand the definition of “schoolsite” to include private schools offering or conducting instruction at the kindergarten, elementary, or secondary level with an enrollment of six or more pupils effective December 31, 2026. The definition of “schoolsite” will also be amended to ex - clude a school conducted in a person’s residence. The proposed regulatory text also notes other un - related changes to 3 CCR
section 6624(c) (8) — spe - cifically an updated reference date for a document incorporated by reference. However, these proposed changes were noticed in a separate rulemaking con - cerning health risk mitigation for 1,3–dichloropropene on November 15, 2024 (Office of Administrative Law Notice File Number Z2024–1105–04). The changes proposed in this action affect subsection (c) (5) of sec- tion 6624. The broad objective of the proposed action is to align DPR’s regulations with the new requirements established by AB 1864.
The Legislature intended for AB 1864 to promote the public health and wel - fare of California school children by enabling better tracking and enforcement of the requirements under 3 CCR sections 6690–6692. In this way, the proposed amendments to align DPR’s regulations with AB 1864 will benefit the public by providing additional safety measures to California school children from potential exposure to pesticides.
During the process of developing these proposed regulations, DPR conducted a search of any similar regulations on this topic and has concluded that these proposed regulations are neither inconsistent nor in - compatible with existing state regulations. DPR is the only state agency that has the authority to regulate the use of pesticides. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS DPR determined that the proposed regulatory ac - tion does not impose a mandate on local agencies or school districts.
DPR also determined that there are no costs to any local agency or school district requiring reimbursement pursuant to Government Code
section 17500 et seq. OTHER NONDISCRETIONARY COSTS OR SAVINGS IMPOSED UPON LOCAL AGENCIES DPR has determined that there are no other non - discretionary costs or savings imposed upon local agencies that are expected to result from the proposed regulatory action. CAC offices will be the local agencies responsible for implementing and enforcing the proposed regula - tions. DPR anticipates that there will be no fiscal im -
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 666 pact to these agencies from the proposed action. DPR is proposing this action to comply with a statutory ob- ligation to implement requirements applicable to cer - tain pesticide applications. As the proposed action is required by statute, DPR has determined that any re - sulting fiscal impacts would be from the legislative ac- tion, as opposed to these regulations.
DPR establishes an annual work plan with the CACs, which already re- quires the CACs to conduct pesticide use inspections and investigations and to enforce compliance with California laws and regulations. COSTS OR SAVINGS TO STATE AGENCIES DPR has determined that no savings or increased costs to any state agency will result from the proposed regulatory action. EFFECT ON FEDERAL FUNDING TO THE STATE DPR has determined that no costs or savings in fed- eral funding to the state will result from the proposed action.
EFFECT ON HOUSING COSTS DPR made an initial determination that the pro - posed action will have no effect on housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES DPR made an initial determination that adoption of these regulations will not have any significant state - wide adverse economic impact directly affecting busi- nesses, including the ability of California businesses to compete with businesses in other states.
COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES DPR is not aware of any cost impacts that a repre - sentative private person or business would necessar - ily incur in reasonable compliance with the proposed action. DPR is proposing this action to comply with a statutory obligation to implement requirements appli - cable to certain pesticide applications. As the proposed action is required by statute, DPR has determined that any resulting economic impact to businesses operat - ing in the state would be from the legislative action, as opposed to these regulations.
RESULTS OF THE ECONOMIC IMPACT ANALYSIS Impact on the Creation, Elimination, or Expansion of Jobs/Businesses: DPR determined that it is unlikely that the proposed regulatory action will impact the creation or elimination of jobs, the creation of new businesses or the elimination of existing businesses, or the expansion of businesses currently doing busi - ness with the State of California as the proposed ac - tion is consistent with current law.
Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Legislature intended for AB 1864 to promote the public health and welfare of California school children by enabling better tracking and en - forcement of the requirements under 3 CCR sections 6690–6692. In this way, the proposed amendments to align DPR’s regulations with AB 1864 will benefit the public by providing additional safety measures to California school children from potential exposure to pesticides.
However, the proposed regulations will not improve worker safety or environmental conditions, as the proposed changes are not related to these issues.
CONSIDERATION OF ALTERNATIVES DPR must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is proposed, would be as effec - tive and less burdensome to affected private persons than the proposed regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of the law.
AUTHORITY This regulatory action is taken pursuant to the au - thority vested by FAC sections 11456, 12976, 13189.1, 13189.3, and 13189.4. REFERENCE This regulatory action is to implement, interpret, or make specific FAC sections 11501, 13189.1, 13189.3, and 13189.4. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE DPR prepared an Initial Statement of Reasons and is making available the express terms of the proposed ac- tion, all of the information upon which the proposal is
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 667 based, and a rulemaking file. As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regula- tions, the Initial Statement of Reasons, and the docu - ments relied upon. Copies may be obtained from the agency contact person named in this Notice and are available for review at the address specified below.
AVAILABILITY OF CHANGED OR MODIFIED TEXT After the close of the comment period, DPR may make the regulations permanent if it remains substan - tially the same as described in the Informative Digest. If DPR does make substantial changes to the regula - tions, the modified text will be made available for at least 15 days prior to adoption. Requests for the modi- fied text should be addressed to the agency contact person named in this notice. DPR will accept written comments on any changes for 15 days after the modi - fied text is made available.
AGENCY CONTACT Written comments about the proposed regulatory action, requests for a copy of the Initial Statement of Reasons and the proposed text of the regulations, and inquiries regarding the rulemaking file may be direct - ed to: Lauren Otani, Regulations Coordinator Department of Pesticide Regulation 1001 I Street, P.O.
Box 4015 Sacramento, California 95812–4015 (916) 445–5781 Note: In the event the contact person is unavailable, questions on the substance of the proposed regulatory action may be directed to the following back–up per - son at the same address as noted below: Joshua Ogawa, Chief Enforcement Headquarters Branch (916) 603–7735 This Notice of Proposed Action, the Initial Statement of Reasons, and the proposed text of the regulations are also available on DPR’s Internet Home Page < http:// www.cdpr.ca.gov>.
Upon request, the documents can be made available in another language, or an alternate form as a disability–related accommodation. AVAILABILITY OF FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final Statement of Reasons mandated by Government Code
section 11346.9, subdivision (
a) may be obtained from the agency contact person named above. In ad - dition, the Final Statement of Reasons will be posted on DPR’s Internet Home Page and accessed at <http:// www.cdpr.ca.gov>. TITLE 10. HEALTH BENEFIT EXCHANGE IDENTITY VERIFICATION REQUIREMENT AMEND
SECTION 6464 The California Health Benefit Exchange/Covered California (the Exchange) Board proposes to amend the regulation described below after considering all comments, objections, and recommendations regard - ing the proposed action. PUBLIC HEARING The Exchange has not scheduled a public hearing on this proposed action. However, the Exchange will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days before the close of the written comment period.
WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to the Exchange. The written comment period closes at 5:00 p.m. on July 15, 2025 (45 days after the published date). The Exchange will consider only comments received at the Exchange’s office by that time. Submit written com - ments to: Jameson Mitchell Regulations Analyst California Health Benefit Exchange (Covered California) 1601 Exposition Blvd.
Sacramento, CA 95815 Comments may also be submitted by facsimile (FAX) at (916) 403–4468 or by email to regulations@ covered.ca.gov. AUTHORITY AND REFERENCE Government Code
section 100504, subdivision (a) (6) authorizes the Exchange Board to adopt rules and reg- ulations, as necessary. The proposed regulation imple- ments, interprets, and makes specific Government Code
section 100503, subdivisions (a), (h), and (s), and Centers for Medicare and Medicaid Services
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 668 (CMS), Guidance Regarding Identity Proofing for the Marketplace, Medicaid, and CHIP, and Disclosure of Certain Data Obtained through the Data Services Hub (June 11, 2013). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW
Summary of Existing Laws and Effect of the Proposed Regulations In March 2010, President Obama signed fed - eral healthcare reform legislation called the Patient Protection and Affordable Care Act (ACA). It created the opportunity for each state to establish a state– based health insurance exchange to implement the ACA.
California chose to operate an exchange that is commonly known as “Covered California.” For purposes of this Notice, Covered California will be referred to as the “Exchange.” The Exchange’s mis - sion is to increase the number of insured Californians, improve health care quality, lower costs, and reduce health disparities through an innovative, competitive marketplace that empowers consumers to choose their health plan.
That same year, 2010, California chose to operate its own exchange as the California Legislature en - acted and the governor signed, legislation establish - ing the California Health Exchange (now also known as “Covered California,”) and its governing Board. (Stats. 2010,
chapter 659,
section 2, (SB 900, [Alquist, Steinberg]); Stats 2010,
chapter 655 (AB 1602, [Perez].)
Section 2 of AB 1602 expressed the Legislature’s intent in creating the Exchange and its governing Board as follows: “It is the intent of the Legislature to enact the necessary statutory changes to California law in order to establish an American Health Benefit Exchange in California and its administrative author - ity in a manner that is consistent with the federal Patient Protection and Affordable Care Act (Public Law 111–148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), hereafter the federal act.
In doing so, it is the intent of the Legislature to do all of the follow - ing: Reduce the number of uninsured Californians by creating an organized, transparent marketplace for Californians to purchase affordable, quality health care coverage, to claim available federal tax credits and cost–sharing subsidies, and to meet the personal responsibility requirements imposed under the federal act. (
b) Strengthen the health care delivery system. (
c) Guarantee the availability and renewability of health care coverage through the private health insurance market to qualified individuals and qualified small employers. (
d) Require that health care service plans and health insurers issuing coverage in the individual and small employer markets compete on the basis of price, quality, and service, and not on risk selection. (
e) Meet the requirements of the federal act and all ap- plicable federal guidance and regulations.” State law also specifies the powers and duties of the executive board of the Exchange. Government Code
section 100504, subdivision (
a) authorizes the Exchange’s Board of Directors to adopt rules and regulations, as necessary. The Exchange proposes this permanent rulemaking in furtherance of its rulemak - ing authority to implement, interpret, and make spe - cific state and federal laws.
The Exchange is required to establish the criteria and process for eligibility determination, enrollment, and disenrollment of enrollees and potential enrollees in California, provide for the processing of applica - tions and the enrollment and disenrollment of enroll - ees, and exercise all powers reasonably necessary to carry out and comply with the duties, responsibilities, and requirements of the Government Code and the ACA. (Gov.
Code, § 100503, subdivisions (a), (h) & (s).) The Exchange currently provides rigorous system features and procedures that ensure that individuals who apply for coverage or who provide enrollment assistance are who they say they are.
However, for continued use of the Federal Data Services Hub for verification of income and social security data, CMS guidance requires state exchanges to establish remote identity verification for customers who apply on - line and over the phone. (CMS, Guidance Regarding Identity Proofing for the Marketplace, Medicaid, and CHIP, and the Disclosure of Certain Data Obtained through the Data Services Hub (June 11, 2013), pp.1– 2.) As a result, the Exchange integrated the federal remote identity verification service for consumers who apply online or over the phone.
These proposed amendments will provide the public with clear stan - dards for identity verification, including the processes that will be used for paper and non–paper (i.e., elec - tronic or telephonic) applications and the alternate pro- cess should the initial identify verification fail. These amendments allow the Exchange to continue using the federal data services hub by complying with existing federal guidance. The Exchange is proposing to make amendments to California Code of Regulations, title 10,
section 6464. Objectives and Anticipated Benefits of the Proposed Regulation The broad objective of this proposed regulatory ac - tion is to make edits that ensure clarity and address stakeholder requests. If approved, this regulation will assist the Exchange with the implementation of iden - tity verification requirements. Anticipated benefits of this proposed regulation include:
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 669 ● Providing consumers with clear guidelines on how the Exchange will verify the identity for consumers who apply in either paper or non– paper formats. ● Ensuring compliance with federal requirements. ● Protecting and safeguarding California consumers from the unauthorized and illegal access to, or disclosure of, sensitive information such as federal tax information, personal health information, and personal identifying information, confidential information, or financial information contained in the information systems and devices of the Exchange, or any other information as required by federal law or guidance.
Evaluation of Consistency and Compatibility with Existing State Regulations After an evaluation of current regulations, the Exchange determined that these proposed amended regulations are not inconsistent or incompatible with any existing state regulations. This evaluation in - cluded a review of the laws that regulate the Exchange and specifically those statutes and regulations related to health insurance. Exchange staff also conducted an internet search of other state agency regulations.
The Exchange has made its best effort to conform its regu- lations to State law and does not know of any State statutes or regulations conflicting with these proposed regulations. The proposed amendments do not conflict with any other regulations governing other Certified Representatives. DOCUMENTS TO BE INCORPORATED BY REFERENCE None.
DOCUMENTS RELIED UPON Centers for Medicare and Medicaid Services, Guidance Regarding Identity Proofing for the Marketplace, Medicaid, and CHIP, and the Disclosure of Certain Data Obtained through the Data Services Hub (June 11, 2013) DISCLOSURES REGARDING THE PROPOSED ACTION The Executive Director of the California Health Benefit Exchange has made the following initial determinations: Matters prescribed by statute applicable to the agen- cy or to any specific regulation or class of regulations: None. 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 pursuant to Government Code sections 17500 et seq.: None. Other nondiscretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: There is no other impact on federal funding to the state as a result of these regulations. Significant effect on housing costs: None.
Effect on small business: The proposed regulations will not affect small businesses because the regulations apply to the Exchange identity verification process as well as individual consumers applying for health cov- erage through the Exchange. Significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states: None.
Cost impacts on a representative private person or business: The Exchange is not aware of any cost im - pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Business Reporting Requirement: None.
RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Exchange concludes regarding the proposed regulations that it is: (1) unlikely to create or eliminate any jobs in the State; (2) unlikely to create or eliminate businesses within the State; (3) unlikely to impact the expansion of businesses currently doing business in California; (4) likely to provide benefits to the health and welfare of California residents; and (5) unlikely to provide benefits to worker safety and the state’s environment.
Benefits of the regulations, including, but not lim - ited to, benefits to the health, safety, and welfare of California residents, worker safety, and the state’s en - vironment and quality of life, among any other ben - efits identified by the agency The regulation has a number of benefits which are tied to the Exchange’s overall mission. The Exchange is committed to improving the consumer experience in obtaining health insurance.
The regulation ensures that identity proofing is used to protect the privacy of personal information, such that only the appropri - ate individuals have access to data to which access is restricted. A robust identity proofing process is a key piece of the comprehensive privacy and security framework that is needed when providing interactive
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 670 access to an eligibility process that includes sensitive federal and state data. The Exchange is also committed to increasing the number of insured Californians and reducing health disparities. The list of acceptable identification doc - uments outlined in the federal Identity Proofing Guidance under Q&A 11 was used as a baseline and additional documents were added in the regulations to provide more ways for the unbanked and recent im - migrants to verify their identities.
The expanded list of acceptable identification documents ensures that more uninsured Californians will be able to success - fully complete identity proofing and enroll in health coverage through the Exchange.
Anticipated benefits of this proposed regulation include: ● Providing consumers with clear guidelines on how the Exchange will verify the identity for consumers who apply in either paper or non– paper formats. ● Ensuring compliance with federal requirements. ● Protecting and safeguarding California consumers from the unauthorized and illegal access to, or disclosure of, sensitive information such as federal tax information, personal health information, and personal identifying information, confidential information, or financial information contained in the information systems and devices of the Exchange, or any other information as required by federal law or guidance.
This proposed regulatory action will not affect worker safety and the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a) (13), the Exchange must de - termine that no reasonable alternative considered or otherwise identified and brought to the attention of the Exchange is more effective in carrying out the purpose for which the action is proposed, is as effective and less burdensome to affected private persons than the proposed action, or is more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
The Exchange invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Jameson Mitchell California Health Benefit Exchange (Covered California) 1601 Exposition Blvd.
Sacramento, CA 95815 Telephone: (916) 954–3372 The backup contact person for inquiries concerning the proposed administrative action may be directed to: Crystal Hirst California Health Benefit Exchange (Covered California) 1601 Exposition Blvd. Sacramento, CA 95815 Telephone: (916) 228–8313 Please direct copies of the proposed text of the reg - ulations, the Initial Statement of Reasons, the modi - fied text of the regulations, if any, or other informa - tion upon which the rulemaking is based to Jameson Mitchell at the above contact information.
AVAILABILITY OF DOCUMENTS Availability of Initial Statement of Reasons, Text of Proposed Regulations and Rulemaking File The Exchange will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address. As of the date of this notice is published in the Notice Register, the rulemaking file will consist of this no - tice, the proposed text of the regulation and the Initial Statement of Reasons. Copies may be obtained by contacting Jameson Mitchell at the address or phone number listed above.
Availability of Changed or Modified Text After holding a hearing, if requested, and consid - ering all timely and relevant comments received, the Exchange may adopt the proposed regulations sub - stantially as described in this notice. If the Exchange makes modifications which are sufficiently related to the originally proposed text, it will make the modified text to the public at least 15 days before the Exchange adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Jameson Mitchell at the address indicated above.
The Exchange will accept written comments on the modified regulations for 15 days after the date on which they are made available.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 671 Availability of the Final Statement of Reasons Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Jameson Mitchell at the above address. Availability of Documents on the Internet Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons and the proposed text of the regulations in underline and strikeout can be ac - cessed through our website at www.hbex.coveredca. com/regulations. TITLE 10.
DEPARTMENT OF FINANCIAL PROTECTION AND INNOV ATION MONEY TRANSMISSION ACT (GOVERNMENT CODE, § 11346.5, SUBDIVISION ( a) (1)) The Commissioner of Department of Financial Protection and Innovation (“Commissioner”) propos - es to amend Sections 80.4119 and 80.5200.1 of Title 10 of the California Code of Regulations (“C.C.R.”). These proposed regulations amend the officer certifi - cation requirement for money transmission receipt ap- proval under Financial Code
Section 2100. AUTHORITY (GOVERNMENT CODE, § 11346.5, SUBDIVISION ( a) (2))
Section 334 of the Financial Code. REFERENCE (GOVERNMENT CODE, § 11346.5, SUBDIVISION ( a) (2)) Sections 334 and 2100 of the Financial Code. PUBLIC HEARINGS (GOVERNMENT CODE, § 11346.5, SUBDIVISION ( a)
(17) No public hearing is scheduled. Any interested per - son or his or her duly authorized representative may request, in writing, a public hearing pursuant to sec - tion 11346.8(
a) of the Government Code. The request for hearing must be received by the Department’s contact person designated below no later than 15 days prior to the close of the written comment period.
WRITTEN COMMENT PERIOD (GOVERNMENT CODE, § 11346.5, SUBDIVISION ( a) (15)) Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to the Department of Financial Protection and Innovation (“Department”), addressed as follows, by any of these means: Postal Mail Department of Financial Protection and Innovation Attention: Diana Pha 651 Bannon Street, Suite 300 Sacramento, CA 95811 Electronic Mail Comments may be submitted electronically to regulations@dfpi.ca.gov. Please identify the com - ments as PRO 05–24 in the subject line.
Time for Comments Comments may be submitted until July 15, 2025. If the final day for acceptance of comments is a Saturday, Sunday, or state holiday, the comment period will close on the next business day. INFORMATIVE DIGEST (GOVERNMENT CODE, § 11346.5, SUBDIVISION ( a) (3)) Policy Statement and Specific Benefits Anticipated from Regulatory Action (Gov.
Code, § 11346.5, subdivision (a) (3) (C)) The objective of this rulemaking action is to clarify existing regulations and provide greater flexibility to money transmitter licensees and applicants such that any corporate officer may execute the officer’s certifi- cation when applying for money transmission receipt approval. The specific benefits anticipated by the proposed amendments include greater flexibility for the money transmitter industry.
The proposed amendments will allow applicants to easily understand the officer certi- fication requirement when submitting a proposed re - ceipt for the Commissioner’s approval. The proposed regulatory action will remove a cross–reference that created confusion as to whether only a secretary could sign the officer certification.
Summary of Existing Laws and Regulations, and Effect of Proposed Action (Gov. Code, § 11346.6, subdivision (a) (3) (A)) Effective January 1, 2011, the Legislature enacted the Money Transmission Act (Fin. Code, § 2000 et seq.) which provides for the regulation and licensure by the Commissioner of persons in the business of money transmission, defined to mean the selling or is-
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 672 suing of payment instruments or stored value and the receiving of money for transmission. Existing law mandates certain consumer disclosures and Department review of such disclosures. These disclosures include receipts for money received for transmission. Existing law mandates that each appli - cant certifies the receipt by an officer of the applicant. This proposed regulatory action will amend the reg- ulation to allow any officer of the applicant to certify the receipt. Existing Federal Regulation or Statute (Gov.
Code, § 11346.5, subdivision (a) (3) (B)) Money transmission is largely subject to state law and therefore there is no existing comparable federal regulation or statute. To the extent there are some fed- eral regulations that overlap certain areas of money transmission activities, such as consumer disclosure and anti–money laundering, there is no significant dif- ference between the proposed action and the federal regulations. Those regulations are United States Bank Secrecy Act Regulations (31 C.F.R.
Chapter
X) and Regulation E (12 C.F.R.
Part 1005). Existing State Regulations (Gov. Code, § 11346.5, subdivision (a) (3(D)] The Department has conducted an evaluation of whether the proposed regulation is consistent with existing regulations and has concluded that the pro - posed amendment is consistent with existing regu - lations. Existing regulations implement the Money Transmission Act. Since the proposed amendments seek to clarify existing regulations and provide great - er flexibility to licensees and applicants, the proposed amendments are neither inconsistent nor incompatible with existing state regulations.
FORMS INCORPORATED BY REFERENCE (CAL. CODE REGS., TITLE 1, § 20, SUBDIVISION ( C) (3)) There are no forms incorporated by reference in the proposed regulatory action.
DISCLOSURES REGARDING THE PROPOSED ACTION (GOVERNMENT CODE, § 11346.5, SUBDIVISION ( a) (5), (6), AND (12) (A)) ● Mandate on local agencies and school districts: None ● Cost or savings to any state agency: None ● Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None ● Other nondiscretionary cost or savings imposed on local agencies: None ● Cost or savings in federal funding to the state: None ● Significant effect on housing costs: None ECONOMIC IMPACT ON BUSINESS (GOVERNMENT CODE, § 11346.5, SUBDIVISION ( a) (8)) The Commissioner has made an initial determina - tion that the proposed regulatory action will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.
EFFECT ON SMALL BUSINESS (TITLE 1, CALIFORNIA CODE OF REGULATIONS,
SECTION 4) Under Government Code
section 11342.610, subdi - vision (b), a money transmitter is not a small business. Therefore, this rulemaking action will not have an im- pact on small businesses. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS (GOVERNMENT CODE, § 11346.5, SUBDIVISION ( a) (9)) 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.
RESULTS OF THE ECONOMIC IMPACT (GOVERNMENT CODE, § 11346.5, SUBDIVISION ( a) (10)) The Department has determined that: ● The proposed action will not create or eliminate jobs within California; ● The proposed action will not create new businesses or eliminate existing businesses within this state; ● The proposed action will not affect the expansion of businesses currently doing business within California; and ● No benefits or adverse impacts to the health and welfare of California residents, worker safety or to the state’s environment are anticipated from this regulatory action
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 673 CONSIDERATION OF ALTERNATIVES (GOVERNMENT CODE, § 11346.5, SUBDIVISION ( a) (13)) The Department must determine 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 carry - ing out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of the law.
AVAILABILITY OF THE NOTICE, STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE (GOVERNMENT CODE, § 11346.5, SUBDIVISIONS ( a)
(16) AND (20), AND (b)) As of the date this Notice is published, the rulemak- ing file consists of this Notice, the Initial Statement of Reasons, and the Proposed Text of the regulation.
The Notice, the Initial Statement of Reasons, and the Proposed Text are available by contacting the person designated below: Department of Financial Protection and Innovation Attention: Diana Pha 651 Bannon Street, Suite 300 Sacramento, CA 95811 Telephone: (279) 236–5285 Email: regulations@dfpi.ca.gov The Notice, Initial Statement of Reasons, and Proposed Text are also available on the Department’s website at https://dfpi.ca.gov/ laws–and–regulations–money–transmitters /. As required by the Administrative Procedure Act, the Department’s Legal Division maintains the rule - making file.
The rulemaking file is available for pub - lic inspection and copying throughout the rulemak - ing process at the Department of Financial Protection and Innovation, Legal Division, 2101 Arena Blvd, Sacramento, CA 95834. AVAILABILITY OF CHANGED OR MODIFIED TEXT (GOVERNMENT CODE, § 11346.5, SUBDIVISION (a) (18)) If the Department makes changes 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 before the Department adopts, amends or repeals the regula - tions as revised.
A request for a copy of any modified regulation(
s) should be addressed to the contact person designated below. The Department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS (GOVERNMENT CODE, § 11346.5, SUBDIVISION ( a) (19)) Upon its completion, the Final Statement of Reasons will be available, and copies may be requested from the contact person named in this notice or may be ac - cessed on the website listed above.
CONTACT PERSON (GOVERNMENT CODE, § 11346.5, SUBDIVISION (a) (14)) Inquiries regarding the proposed regulation may be directed to: Department of Financial Protection and Innovation Attention: Lara Verwer 651 Bannon Street, Suite 300 Sacramento, CA 95811 Telephone: (279) 236–5414 Email: lara.verwer@dfpi.ca.gov The backup contact person is: Department of Financial Protection and Innovation Attention: Diana Pha 651 Bannon Street, Suite 300 Sacramento, CA 95811 Telephone: (279) 236–5285 Email: regulations@dfpi.ca.gov Dated: May 30, 2025 Sacramento, California TITLE 13.
AIR RESOURCES BOARD ADVANCED CLEAN TRUCKS REGULATION AND THE ZERO–EMISSION POWERTRAIN CERTIFICATION TEST PROCEDURE The California Air Resources Board (CARB or Board) will conduct a public hearing at the date and time noted below to consider proposed amendments to the Advanced Clean Trucks (ACT) regulation and the Zero–Emission Powertrain Certification (ZEP Certification) test procedure.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 674 Date: July 24, 2025 Time: 10:00 a.m. In–Person Location: California Air Resources Board Byron Sher Auditorium 1001 I Street, Sacramento, CA 95814 Remote Option: Zoom This public meeting may continue at 9:00 a.m., on July 25, 2025. The public agenda will be posted ten days before the July 24, 2025, Board Meeting. Please consult the public agenda, for other details, including the day on which this item will be considered and how the public can participate via Zoom if they choose to be remote.
WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS In accordance with the Administrative Procedure Act, interested members of the public may present comments orally or in writing during the hearing and may provide comments by postal mail or by electron - ic submittal before the hearing. The public comment period for this regulatory action will begin on May 30, 2025. Written comments not submitted during the hearing must be submitted on or after May 30, 2025, and received no later than July 14, 2025. Comments submitted outside that comment period are considered untimely.
CARB may, but is not required to, respond to untimely comments, including those raising signifi- cant environmental issues. The Board also encourages members of the public to bring to the attention of staff in advance of the hearing any suggestions for modifi - cation of the proposed regulatory action.
Comments submitted in advance of the hearing must be addressed to one of the following: Postal mail: Clerks’ Office, California Air Resources Board 1001 I Street, Sacramento, California 95814 Electronic submittal: https://ww2.arb.ca.gov/ lispub/comm/bclist.php Please note that under the California Public Records Act (Government Code
section 7920.000 et seq.), your written and oral comments, attachments, and associ - ated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request. Additionally, the Board requests but does not re - quire that persons who submit written comments to the Board reference the title of the proposal in their comments to facilitate review.
AUTHORITY AND REFERENCE This regulatory action is proposed under the au - thority granted in California Health and Safety Code, sections 38501, 38505, 38510, 38560, 38566, 39500, 39600, 39601, 39650, 39658, 39659, 39666, 39667, 40000, 43013, 43018, 43100, 43101, 43102, 43104, 43105, 43106, and 43806; and California Vehicle Code
section 28114. This action is proposed to implement, interpret, and make specific sections 38501, 38505, 38510, 38560, 38580, 39000, 39002, 39003, 39010, 39017, 39500, 39600, 39601, 39610, 39650, 39655, 39656, 39657, 39658, 39659, 39666, 39667, 39701, 40000, 43000, 43000.5, 43009, 43009.5, 43013, 43016, 43017, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43202, 43204, 43205, 43205.5, 43206, 43210, 43211, 43212, 43213, and 43806; and California Vehicle Code
section 28114. INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT OVERVIEW (GOVERNMENT CODE, § 11346.5, SUBDIVISION (a) (3)) Sections Affected Proposed amendments to California Code of Regulations, title 13, sections 1956.8, 1963, 1963.1, 1963.2, 1963.3, and 1963.4, and proposed adoption of new
section 1963.7. Documents Incorporated by Reference (Cal. Code Regs., title 1, § 20, subdivision (c) (3)) The following documents would be incorporated in the regulation by reference as specified by the follow- ing sections: ● California Standards And Test Procedures For New 2021 And Subsequent Model Heavy–Duty Zero–Emission Powertrains [Insert date of amendment], in
Section 1956.8(a)
(8) The above listed document is also being amended by this regulation and thus the amendment date would be the date that the regulation is adopted by CARB. Background and Effect of the Proposed Regulatory Action CARB initially adopted the Advanced Clean Truck (ACT) regulation in January 2021. The ACT regula - tion is a central element of California’s comprehensive strategy to reduce harmful emissions from medium– and heavy–duty vehicles to the greatest degree fea - sible.
The ACT regulation establishes more stringent emissions standards for medium– and heavy–duty vehicles that will assist California in attaining the State’s air quality and climate mitigation targets and requires medium– and heavy–duty manufacturers to produce and sell an increasing portion of their annual
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 675 sales as vehicles that emit no exhaust emissions of criteria pollutants or greenhouse gas emissions, i.e., zero–emission vehicles (ZEVs) beginning in the 2024 model year. In October 2024, CARB adopted amend - ments to the ACT regulation and the ZEP Certification test procedure. Those amendments primarily provide manufacturers with greater flexibility to comply with the ACT regulation, including extending the period that manufacturers can offset deficits from one year to three years. Those amendments consisted of minor, administrative changes that have minimal cost im - pacts and no emissions impact.
Summary of the Proposed Amendments The proposed amendments to the ACT regulation include the following modifications: ● Add an option for manufacturers to use surplus ZEV and near zero emission vehicle (NZEV) credits generated in one state that has adopted the ACT regulation to assist with meeting their ACT compliance obligations in another state. The proposed pooling flexibility implements a declining annual credit transfer allowance for the 2027 through 2031 model years that dictates how many credits can be transferred in a given year into a state with a deficit.
These allowances would begin at 20% in 2027 and decrease by 2% each year, reaching 12% in 2031.
The credit transfer allowance would then be constant at 10% for the 2032 through 2035 model years. ● Modify the Low Tractor Volume provision to permit manufacturers to offset a portion of deficits generated in the Class 7–8 tractor group with Class 2b–3 or Class 4–8 group ZEV credits for each model year. ● Decrease the minimum all–electric range threshold for NZEVs after the 2030 model year. ● Provide manufacturers increased flexibility with respect to the order in which they retire ZEV credits. ● Modify the communication protocols with respect to the ZEV connector criteria in the ZEP Certification regulation.
Objectives and Benefits of the Proposed Regulatory Action The proposed amendments to the ACT regulation fulfill commitments made by CARB staff in the Clean Truck Partnership agreement by developing a pool - ing concept under the ACT regulation in collaboration with
Section 177 state and manufacturer representa - tives and proposing this concept to the Board as early as possible. Implementing a pooling provision would introduce additional flexibility in the regulation and will grant manufacturers greater ability to meet the ACT regulation’s requirements in all states that have adopted the regulation.
Allowing credits generated from the Class 2b–3 and Class 4–8 groups to offset a portion of the deficits generated from the Class 7–8 tractor group will enable manufacturers to more eas - ily meet their compliance obligations and account for potential fluctuations in ZEV and NZEV sales across all states that have adopted the ACT regulation. Both of these proposed amendments will maintain the ACT regulation’s emission benefits while increasing flex - ibility and decreasing regulatory burden on manufac - turers.
The remaining proposed modifications consist of generally minor, administrative changes that have no significant cost nor emissions impact, and aim to reduce regulatory and administrative burden on the manufacturers. Additionally, the proposed amendments to the ZEP Certification will benefit manufacturers by incorpo - rating additional pathways to fulfill communication protocol requirements with respect to ZEV connector criteria. Comparable Federal Regulations There are no federal requirements for manufactur - ers to sell ZEVs with a gross vehicle weight rating greater than 8,500 lb.
An Evaluation of Inconsistency or Incompatibility with Existing State Regulations (Government Code, § 11346.5, subdivision (a) (3) (D)) During the process of developing the proposed reg - ulatory action, CARB conducted a search for similar regulations on this topic and concluded these regula - tions are neither inconsistent nor incompatible with existing state regulations.
DISCLOSURES REGARDING THE PROPOSED REGULATION Fiscal Impact/Local Mandate Determination Regarding the Proposed Action (Government Code, § 11346.5, subdivisions (a) (5)&(6)) The determinations of the Board’s Executive Officer concerning the costs or savings incurred by public agencies and private people and businesses in reason - able compliance with the proposed regulatory action are presented below. Under Government Code
section 11346.5, subdivi - sion (a) (5) and
section 11346.5, subdivision (a) (6), the Executive Officer has determined that the proposed regulatory action would not create costs or savings to any State agency, would not create costs or savings in federal funding to the State, would not create costs or mandate to any local agency or school district, wheth- er or not reimbursable by the State under Government Code, title 2, division 4,
part 7 (commencing with sec- tion 17500), or other nondiscretionary cost or savings to State or local agencies.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 676 Housing Costs (Government Code, § 11346.5, subdivision (a) (12)) The Executive Officer has also made the initial de - termination that the proposed regulatory action will not have a significant effect on housing costs.
Significant Statewide Adverse Economic Impact Directly Affecting Business, Including Ability to Compete (Government Code, §§ 11346.3, subdivision (a), 11346.5, subdivision (a) (7), 11346.5, subdivision (a) (8)) The Executive Officer has made an initial determi - nation that the proposed regulatory action would not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states, or on representative private persons. Non–Major Regulation: Statement of the Results of the Economic Impact Assessment (EIA) (
A) The creation or elimination of jobs within the State of California. The proposed amendments are expected to result in minor increases and decreases in work performed which can be absorbed by the regulated manufactur - ers. As a result, no jobs are expected to be created or eliminated by these amendments. (
B) The creation of new business or the elimination of existing businesses within the State of California. No new jobs will be created or eliminated as a result of these proposed amendments, therefore new busi - nesses will not be created, nor eliminated. (
C) The expansion of businesses currently doing business within the State of California. The proposed amendments are expected to have minimal impact on jobs in regulated businesses and work will likely be absorbed within existing resources. (
D) The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. These proposed amendments are generally minor, administrative changes that have no quantifiable cost impacts, no emissions impact, and no impact to health and welfare of California residents, worker safety, and the state’s environment.
Effect on Jobs/Businesses The Executive Officer has determined that the pro - posed regulatory action would not have a significant effect on the creation or elimination of jobs within the State of California, the creation of new businesses or the elimination of existing businesses within the State of California, or the expansion of businesses currently doing business within the State of California. A de - tailed assessment of the economic impacts of the pro - posed regulatory action can be found in the Economic Impact Analysis in the Initial Statement of Reasons (ISOR).
Benefits of the Proposed Regulation The primary objective of the proposed regulatory action is to honor commitments made by CARB staff in the Clean Truck Partnership agreement, which in - cludes proposing a credit pooling concept in collabo - ration with
Section 177 state and manufacturer repre - sentatives and proposing such concept to the Board as early as possible. The objective of the proposed regu - latory action is to also permit credits generated from the Class 2b–3 and Class 4–8 groups to offset a por - tion of the deficits generated from the Class 7–8 tractor group. These changes would maintain the ACT regu - lation’s emission benefits while increasing flexibility and decreasing regulatory burden on manufacturers. A
summary of these benefits is provided; please re - fer to “Objectives and Benefits,” under the Informative Digest of Proposed Action and Policy Statement Overview Pursuant to Government Code
section 11346.5, subdivision (a) (3) discussion on page 2. Business Report (Government Code, §§ 11346.5, subdivision (a) (11); 11346.3, subdivision (d)) In accordance with Government Code sections 11346.5, subdivisions (a) (11) and 11346.3, subdivision (d), the Executive Officer finds the reporting require - ments of the proposed regulatory action which apply to businesses are necessary for the health, safety, and welfare of the people of the State of California. Cost Impacts on Representative Private Persons or Businesses (Gov.
Code, § 11346.5, subdivision (a) (9)) In developing this regulatory proposal, CARB staff evaluated the potential economic impacts on repre - sentative private persons or businesses. CARB is not aware of any cost impacts that a representative private person or business would necessarily incur in reason - able compliance with the proposed action. Effect on Small Business (Cal. Code Regs., title 1, § 4, subdivisions (
a) and (b)) The Executive Officer has determined under California Code of Regulations, title 1,
section 4, that the proposed regulatory action would not affect small businesses as none of the manufacturers subject to the ACT regulation meet the Assembly Bill 1033 (Garcia,
Chapter 346, Statutes of 2016) definition of a small business. Consideration of Alternatives (Government Code, § 11346.5, subdivision (a) (13)): Before taking final action on the proposed regula - tory action, the Board must determine that no reason - able alternative considered by the Board, or that has otherwise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 677 cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law. As explained in
Chapter VIII of the ISOR — Evaluation of Regulatory Alternatives, the proposed amendments are the most effective and least burdensome means of achieving the purposes of the regulation. STATE IMPLEMENTATION PLAN REVISION If adopted, CARB plans to submit the proposed reg- ulatory action to the U.S. EPA for approval as a revi - sion to the California State Implementation Plan (SIP) required by the federal Clean Air Act.
The adopted regulatory action would be submitted as a SIP revi - sion with no significant emissions impacts because it amends regulations intended to reduce emissions of air pollutants in order to attain and maintain the National Ambient Air Quality Standards promulgated by U.S. EPA pursuant to the Clean Air Act.
ENVIRONMENTAL ANALYSIS When the original regulation was proposed in 2020, CARB prepared an environmental analysis (EA) un - der its certified regulatory program (California Code of Regulations, title 17, sections 60000 through 60008) to comply with the requirements of the California Environmental Quality Act (CEQA; Public Resources Code,
section 21080.5).
The EA, included in Appendix D of the ISOR entitled Final Environmental Analysis for the Proposed Advanced Clean Trucks Regulation, dated June 23, 2020, determined the ACT regulation could result in: beneficial impacts to energy demand, and greenhouse gases; less than significant impacts, or no impacts, to air quality, energy demand, greenhouse gases, land use planning, mineral resources, popula - tion and housing, public service, and recreation; and potentially significant adverse impacts to aesthetics, agricultural and forest resources, air quality, biologi - cal resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use planning, mineral resources, noise, transportation and traffic, and utilities and service systems.
Staff has determined that no additional envi - ronmental review is required for the current proposed amendments because there are no changes that involve new significant environmental effects or a substantial increase in severity of previously identified significant effects previously identified in the prior 2020 EA. The basis for reaching this conclusion is provided in sec - tion V of the ISOR.
SPECIAL ACCOMMODATION REQUEST Consistent with California Government Code sec - tion 7296.2, special accommodation or language needs may be provided for any of the following: ● An interpreter to be available at the hearing; ● Documents made available in an alternate format or another language; and ● A disability–related reasonable accommodation. To request these special accommodations or lan - guage needs, please contact the Clerks’ Office at cotb@ arb.ca.gov or (916) 322–5594 as soon as possible, but no later than ten business days before the scheduled Board hearing.
TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service. Consecuente con la sección 7296.2 del Código de Gobierno de California, una acomodación especial o necesidades lingüísticas pueden ser suministradas para cualquiera de los siguientes: ● Un intérprete que esté disponible en la audiencia; ● Documentos disponibles en un formato alterno u otro idioma; y ● Una acomodación razonable relacionados con una incapacidad.
Para solicitar estas comodidades especiales o nece - sidades de otro idioma, por favor llame a la oficina del Consejo al cotb@arb.ca.gov o (916) 322–5594 lo más pronto posible, pero no menos de 10 días de trabajo an- tes del día programado para la audiencia del Consejo. TTY/TDD/Personas que necesiten este servicio pu - eden marcar el 711 para el Servicio de Retransmisión de Mensajes de California.
AGENCY CONTACT PERSONS Inquiries concerning the substance of the proposed regulatory action may be directed to the agency rep - resentative Paul Arneja, Manager In–Use Control Measures Section, at (279) 208 7342 or (designated back–up contact) Katherine Talamantez, Air Pollution Specialist, at (916) 282–6265. AVAILABILITY OF DOCUMENTS CARB staff have prepared a Staff Report, or the ISOR for the proposed regulatory action, which in - cludes a
summary of the economic and environ - mental impacts of the proposal. The report is enti - tled: Proposed Amendments to the Advanced Clean Trucks Regulation and the Zero–Emission Powertrain Certification Test Procedure. Copies of the ISOR and the full text of the proposed regulatory language may be accessed on CARB’s website listed below, on May 27, 2025. Please con - tact regulations@arb.ca.gov if you need physical cop-
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 678 ies of the documents. Pursuant to Government Code
section 11346.5, subdivision (b), upon request to the aforementioned Regulations Coordinator, physical copies would be obtained from the Public Information Office, California Air Resources Board, 1001 I Street, Visitors and Environmental Services Center, First Floor, Sacramento, California, 95814. Further, the agency representative to whom nonsub- stantive inquiries concerning the proposed adminis - trative action may be directed is Jennifer Simpson, BARCU Manager, (279) 208–7216. The Board staff has compiled a record for this rulemaking action, which includes all the information upon which the proposal is based.
This material is available for inspection upon request to the contact persons. HEARING PROCEDURES The public hearing will be conducted in accordance with the California Administrative Procedure Act, Government Code, title 2, division 3,
part 1,
chapter 3.5 (commencing with
section 11340). Following the public hearing, the Board may take action to approve for adoption the regulatory lan - guage as originally proposed, or with non–substan - tial or grammatical modifications. The Board may also approve of adoption of the proposed regulatory language with other modifications if the text as modi - fied is sufficiently related to the originally proposed text that the public was adequately placed on notice and that the regulatory language as modified could result from the proposed regulatory action.
If this oc - curs, the full regulatory text, with the modifications clearly indicated, will be made available to the pub - lic, for written comment, at least 15 days before final adoption. The public may request a copy of the modi - fied regulatory text from CARB’s Public Information Office, Air Resources Board, 1001 I Street, Visitors and Environmental Services Center, First Floor, Sacramento, California, 95814.
FINAL STATEMENT OF REASONS A VAILABILITY Upon its completion, the Final Statement of Reasons (FSOR) will be available, and copies may be requested from the agency contact persons in this notice, or may be accessed on CARB’s website listed below. INTERNET ACCESS This notice, the ISOR and all subsequent regulatory documents, including the FSOR, when completed, are available on CARB’s website for this rulemaking at https://ww2.arb.ca.gov/rulemaking/2025/actpooling TITLE 13. NEW MOTOR VEHICLE BOARD MOTIONS; FORM, BRIEFING, AND HEARINGS As required by
section 11346.4 of the Government Code, NOTICE IS HEREBY GIVEN that the California New Motor Vehicle Board (“Board”), pur - suant to the authority vested in the Board by subdi - vision (
a) of Vehicle Code
section 3050 proposes to adopt the proposed regulation as described below, af - ter considering all comments, objections, and recom - mendations regarding the proposed regulatory action. PROPOSED REGULATORY ACTION The Board proposes to amend
section 551.19 of Title 13 of the California Code of Regulations relating to hearings on motions with live testimony. PUBLIC DISCUSSIONS PRIOR TO NOTICE Prior to the publication of this notice, and at a no - ticed General Meeting held on February 28, 2025, the Board considered and adopted the proposed regula - tion. Fifteen days prior to the meeting, a detailed agen- da including the consideration of the proposed text of the regulation was mailed to all individuals and enti - ties on the Board’s Public Mailing list and Electronic Public Mailing list.
The agenda and materials were also posted on the Board’s website. The public was invited to comment at the General Meeting in relation to the proposed changes to the reg- ulation in this notice. No comments by the public were received at the February 28, 2025, General Meeting, and no further public discussion was held prior to pub- lication of the notice. 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 their autho - rized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any person interested, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to the Board. Comments may also be submitted by email at Robin.Parker@ nmvb.ca.gov or nmvb@nmvb.ca.gov. The written comment period closes on Monday, July 14, 2025. The
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 679 Board will only consider comments received at the Board’s offices by that time. Submit comments to: Robin Parker, Chief Counsel New Motor Vehicle Board 2415 1st Avenue, MS L242 Sacramento, CA 95818 (916) 244–6776 direct line (916) 445–1888 main line robin.parker@nmvb.ca.gov AUTHORITY AND REFERENCE Vehicle Code
section 3050, subdivision (a), autho - rizes the Board to adopt the proposed regulation. The proposed regulation implements, interprets, and makes specific Vehicle Code
section 3050 and Government code
section 11440.30.
SUMMARY OF EXISTING LAWS AND REGULATIONS Subdivision (
a) of Vehicle Code
section 3050 autho- rizes the Board to adopt rules and regulations govern - ing such matters as specifically committed to it. Subdivision (
b) of Vehicle Code
section 3050 pro - vides for any person to petition the Board to “[c]on - sider any matter concerning the activities or practices of any person applying for or holding a license as a new motor vehicle dealer, manufacturer, manufacturer branch, distributor, distributor branch, or representa - tive pursuant to
Chapter 4 (commencing with
Section 11700) of Division 5 submitted by any person. . . .” Subdivision (
c) of Vehicle Code
section 3050 pro - vides for the Board to hear and decide any protest pre- sented by a franchisee against a franchisor. Subdivision (
d) of Vehicle Code
section 3050 pro - vides for the Board to hear and decide a protest pre - sented by an association as defined challenging a poli- cy of a manufacturer or distributor pursuant to
Section 3085. Subdivision (
a) of Government Code
section 11440.30 of the Administrative Procedure Act pro - vides that “[t]he presiding officer may conduct all or part of a hearing by telephone, television, or other electronic means if each participant in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe the exhibits.” Subdivision (
b) of Government Code
section 11440.30 goes on to provide that “[t]he presiding offi- cer may not conduct all of a hearing by telephone, tele- vision, or other electronic means if a party objects.” However, if a party objects, the presiding officer is required to consider the objections and has discretion to structure the hearing to address the objections and may require physical presence during all or part of the hearing. Subdivision (
c) of Government Code
section 11440.30 provides that subdivision (
b) is “not a limita- tion on the presiding officer transmitting the hearing by telephone, television, or other electronic means or receiving comments via electronic means from par - ticipants who are not parties or witnesses.”
Section 551.19 specifies the procedural require - ments for motions including whether the motion is on the record or in writing, an opposition or reply brief is permissible, and whether the hearing is held by telephone, television, or other electronic means, or in person. Subdivision (
d) of
Section 551.19 exempts the Board’s motion hearings from Government Code
section 11440.30. This subdivision provides the ad - ministrative law Judge may conduct the hearing by telephone, television, or other electronic means if each party in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe exhibits. In the event of live tes - timony, the hearing is conducted in person before the administrative law Judge.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The adopted mission of the Board is to “enhance relations between dealers and manufacturers through - out the State by resolving disputes in the new motor vehicle industry in an efficient, fair and cost–effective manner.” The adopted vision statement provides that the Board “demonstrate professionalism, integrity, and accountability in securing fair resolutions to mo - tor vehicle industry disputes.”
Section 551.19 specifies the procedural require - ments for motions including whether the motion is on the record or in writing, if an opposition or reply brief is permissible, and whether the hearing is held by telephone, television, or other electronic means, or in person. This regulation requires that hearings on motions with live testimony be conducted in person. When
Section 551.19 was effective in 2011, electronic hearings were not feasible. Since 2020, the Board’s merits hearings and motion hearings with live wit - ness testimony have been held remotely. The proposed amendments would formalize this process. Hearings with live witness testimony could be conducted in person or via other electronic means if each party in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe exhibits.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 680 BROAD OBJECTIVES AND SPECIFIC BENEFITS OF THE PROPOSED RULEMAKING The broad objective of the proposed rulemaking is to clarify for litigants that motion hearings with live testimony can be conducted either in person or elec - tronically. This is consistent with the Board’s current practice in light of technology that did not exist when
Section 551.19 was effective. The specific benefit anticipated from the regulation is promoting the expeditious and economical resolu - tion of statutorily enumerated disputes between new motor vehicle dealers (franchisees) and their manufac- turers and distributors (franchisors). The Board keeps these types of cases from further clogging our already congested courts. It provides a uniformity of deci - sions across the state, allowing franchisors and their dealers to conduct their business in compliance with California law.
DETERMINATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Board has determined that the proposed regula- tion is not inconsistent or incompatible with existing regulations. After conducting a review for any regula- tions that would relate to or affect this area, the Board has concluded that this is the only regulation that au - thorizes motion hearings before the Board.
DISCLOSURES REGARDING THE PROPOSED ACTION The Board has made the following initial determinations: ■ Mandate on local agencies and school districts: None. ■ Cost or savings to any state agency: None. ■ Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. ■ Other nondiscretionary cost or savings imposed on local agencies: None. ■ Cost or savings in federal funding to the state: None. ■ Cost impacts on a representative private person or business: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. ■ Statewide adverse economic impact directly affecting businesses and individuals: None. ■ Significant effect on housing costs: None.
The proposed regulatory amendments have no as - sociated costs; they clarify case management proce - dures for franchised new motor vehicle dealers and their franchisors (new motor vehicle manufacturers and distributors) who choose to file a protest or peti - tion with the Board.
RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Board concludes that the proposed regula - tion will not (1) create any jobs within the State of California, (2) eliminate any jobs within the State of California, (3) create any new businesses within the State of California, (4) eliminate any existing busi - nesses within the State of California, or (5) cause the expansion of businesses currently doing business within the State of California.
The proposed regulatory amendments benefit the public, practitioners appearing before the Board, and the State of California by clarifying motion practice before the Board with witness testimony. It allows the use of technology not previously available so hearings can be conducted via electronic means as an alterna - tive to in person hearings. This allows practitioners and witnesses increased accessibility, flexibility, effi - ciency, and cost savings.
The proposed regulation will not impact the health and welfare of California residents, and worker safety because they do not regulate worker safety standards and will also not benefit the environment because it does not change any applicable environmental standards. BENEFITS OF THE REGULATION The benefits anticipated from the regulation is pro - moting the expeditious and economical resolution of statutorily enumerated disputes between new motor vehicle dealers (franchisees) and their manufactur - ers and distributors (franchisors).
The Board keeps these types of cases from further clogging our already congested courts. It provides a uniformity of deci - sions across the state, allowing franchisors and their dealers to conduct their business in compliance with California law. SMALL BUSINESS DETERMINATION The Board has determined that the proposed regu - lation will have no effect on small businesses. This determination was made because no small businesses are legally required to comply with the regulation, are
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 681 legally required to enforce the regulation, or derive a benefit from or incur an obligation from the enforce - ment of the regulation. The proposed regulation mere- ly clarifies case management for franchised new mo - tor vehicle dealers and their franchisors (new vehicle manufacturers and distributors) who choose to file a protest or petition with the Board. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a) (13), the Board must determine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
The Board invites interested persons to present comments, statements or arguments with respect to al- ternatives to the proposed regulation, during the writ - ten comment period or at the public hearing, if one is requested. CONTACT PERSONS Please direct requests for copies of the proposed text (the “express terms”) of the regulation, the initial state- ment of reasons, the modified text of the regulation, if any, or other information upon which the rulemaking is based to Ms.
Parker at the following address: New Motor Vehicle Board 2415 1st Avenue, MS L242 Sacramento, CA 95818 (916) 244–6776 direct line (916) 445–1888 main line Robin.Parker@nmvb.ca.gov The backup contact person for these inquiries is: Alejandro Martinez New Motor Vehicle Board 2415 1st Avenue, MS L242 Sacramento, CA 95818 (916) 244–6789 direct line (916) 445–1888 main line Alejandro.Martinez2@nmvb.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its offices at the above address.
As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, the initial state - ment of reasons, the Economic and Fiscal Impact Statement, and all the information upon which the proposal is based. Copies may be obtained by contact- ing the contact persons identified above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice.
If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Board adopts the regulation as revised. Requests for copies of any modified regulation should be addressed to the Board contact person or back–up contact person at the ad - dresses indicated above. The Board will accept writ - ten comments on the modified regulation for 15 days after the date on which they are made available to the public.
AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon completion of the Final Statement of Reasons, copies thereof may be obtained by contacting Ms. Parker or Mr. Martinez at the above address. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout font can be accessed through the Board’s website at www.nmvb.ca.gov. TITLE 14.
FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the California Fish and Game Commission (Commission), pursuant to the authority vested by sections 713, 1050, 7071, 7078, 7701, 7708, 7923, 8026, 8425, 8428 and 8429.5 of the California Fish and Game Code and to imple -
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 682 ment, interpret or make specific sections 1050, 7050, 7071, 7075, 7078, 7082, 7083, 7086, 7652, 7701, 7708, 7852.2, 7923, 8026, 8101, 8420, 8425, 8428, 8429.5, 8429.7, 12159 and 12160 of said Code, proposes to amend sections 53.01, 149 and 149.1, and repeal sec - tions 53.02 and 53.03, Title 14, California Code of Regulations, relating to the commercial take of mar - ket squid. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all
section references in this document are to Title 14 of the California Code of Regulations (CCR). The market squid fishery is regularly the largest commercial fishery in California, in both volume and ex–vessel value. Managed under the Commission’s authority since 2001, the fishery operates within the framework of the Market Squid Fishery Management Plan (FMP) adopted by the Commission in 2004. The FMP defines harvest control rules, a restricted ac - cess program, environmental protections, and fishery administration.
While regulations have been periodically adopted to adaptively manage various aspects of the fishery, 2021 marked the initiation of the first comprehensive review of market squid FMP since its adoption. The Department developed a multi–phase management review, supported by the Commission, and anchored in a Squid Fishery Advisory Committee (SFAC). Established by the Department’s Director according to Title 14,
Section 53.02, the SFAC played a crucial role in assisting with developing and reviewing fishery assessments, management options and proposals, and FMP amendments. The following proposed changes to market squid regulations reflect Department recommendations and include regulatory changes discussed and agreed upon during the multiyear SFAC process. Proposed Amendments The proposed regulations add a definition of a rib line and will require the use of a purse seine rib line which must be placed above the purse seine leadline after December 31, 2030.
Proposed regulations will extend the current week - end market squid fishery closure from noon to 7am on Friday statewide as well as an additional exten - sion from Sunday at noon to Sunday at 11:59pm in the Monterey Bay Area (between a line due west from Point Lobos (36° 31.461’ North Latitude) and a line due west from Pigeon Point (37° 11.000’ North Latitude)). In addition, the Department is proposing chang - es for an administrative topic not discussed during SFAC meetings addressing the notification method used for closing a fishing season.
The proposed regu - lations replace language in subsection 149(b) (2) (
B) related to the responsibility of operators to deter - mine when the seasonal catch limit is expected to be reached and the fishery closed by monitoring VHF/ channel 16 with language specifying they should monitor the Department’s website wildlife.ca.gov/ma- rine. Additional proposed changes in this subsection regarding what constitutes official notice of the clo - sure replace VHF/channel 16 with the Department’s website.
Other changes not discussed during the SFAC pro - cess include cleaning up language for taking market squid for live bait during the weekend closure, updat - ing lighting regulation in anticipation of changes in lighting technology, and clarifying that a purse seine skiff does not need its own market squid vessel permit. The proposed regulations clarify that using lights to attract squid is considered a form of take and that such lights generally may not be used during the weekend closures.
The exemption for lighting on the weekend when taking market squid as live bait is proposed to be amended to ensure vessels do not use lights for other purposes while claiming to be engaged in the take of live bait. The amendment will clarify that lighting on the weekend is only allowed when actively taking market squid for live bait. Revisions to the regulation specify that live market squid must be kept in a condi- tion to be sold as live bait and returned to the water if it is not sold as live bait.
Also, vessels engaged in the take of market squid for live bait must notify the Department in advance, to indicate their intent to take live bait during a weekend closure. The “Gulf of Farallones National Marine Sanctuary” will be updated to “Greater Farallones National Marine Sanctuary”. This change updates the name of the na - tional marine sanctuary currently in Code of Federal Regulations (CFR),
Part 922, subpart H. Proposed amendments also remove the definition of the Market Squid FMP. The FMP does not re - quire a definition, as it is described in
Section 53.00. Furthermore, it is not necessary to incorporate the document by reference as the FMP is not intended to have the force of law, because it is an informational document rather than a regulation. Amendments are proposed to subsection 149.1(
a) to update references to renumbered subsections in
Section 149. Sections 53.02 and 53.03 are proposed to be repealed as they are either duplicative of existing authority or are general policy statements rather than regulations and therefore are not necessary. Finally, other minor changes are proposed for clar - ity and consistency. Benefit of the Regulations: It is the policy of the state to ensure the conserva - tion, sustainable use, and, where feasible, restoration
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 683 of California’s marine living resources for the benefit of all the citizens of the state.
The objectives of this policy include but are not limited to conserving the health and diversity of marine ecosystems and marine living resources; allowing and encouraging only those activities and uses of marine living resources that are sustainable; recognizing the importance to the econo - my and the culture of California of sustainable com - mercial fisheries; managing marine living resources on the basis of the best available scientific information and other relevant information that the Commission or Department possesses or receives; and involving all interested parties in marine living resource manage - ment decisions.
Consistent with this policy, the proposed changes to market squid regulations reflect what was discussed and agreed upon during the multiyear SFAC process. These changes will help to ensure long–term conser - vation and sustainability of the market squid resource. Consistency and Compatibility with Existing Regulations: The proposed regulations are neither inconsistent nor incompatible with existing state regulations.
Section 20,
Article IV, of the state Constitution specifies that the Legislature may delegate to the Commission such powers relating to the protection and propagation of fish and game as the Legislature sees fit. The Legislature has delegated to the Commission the power to adopt regulations governing market squid (California Fish and Game Code
Section 8425). No other state agen - cy has the authority to adopt regulations governing market squid. The Commission has reviewed its own regulations and finds that the proposed regulations are neither inconsistent nor incompatible with exist - ing state regulations. The Commission has searched the CCR for any regulations regarding the adoption of market squid regulations; therefore, the Commission has concluded that the proposed regulations are nei - ther inconsistent nor incompatible with existing state regulations.
PUBLIC PARTICIPATION Comments Submitted by Mail or Email It is requested, but not required, that written com - ments be submitted on or before July 31, 2025 at the address given below, or by email to FGC@fgc. ca.gov. Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on August 8, 2025. If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to California Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244–2090.
Meetings NOTICE IS GIVEN that any person interested may present statements, orally or in writing, rele - vant to this action at a hearing to be held in the East End Complex, Auditorium, 1500 Capitol Avenue, Sacramento, California, which will commence at 8:30 a.m. on Wednesday, June 11, 2025, and may con- tinue at 8:30 a.m., on Thursday, June 12, 2025. The Commission will make a reasonable effort to allow for remote public participation through the Zoom video - conference platform.
Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to the Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most cur - rent information.
NOTICE IS ALSO GIVEN that any person inter - ested may present statements, orally or in writing, relevant to this action at a hearing to be held in the California Natural Resources Building, 715 P Street, Sacramento, California, which will commence at 8:30 a.m. on Wednesday, August 13, 2025, and may con - tinue at 8:30 a.m., on Thursday, August 14, 2025. The Commission will make a reasonable effort to allow for remote public participation through the Zoom video - conference platform.
Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to the Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most cur - rent information. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.
The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, California Fish and Game Commission, 715 P Street, Box 944209, Sacramento, California 94244– 2090, phone (916) 653–4899. Please direct requests for the above–mentioned documents and inquiries concerning the regulatory process to Melissa Miller– Henson or Sherrie Fonbuena at FGC@fgc.ca.gov or at the preceding address or phone number.
Trung Nguyen, Environmental Scientist, California Department of Fish and Wildlife, sfac@wildlife. ca.gov, has been designated to respond to questions on the substance of the proposed regulations.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 684 AVAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.
IMPACT OF REGULATORY ACTION/ RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse economic impacts that might result from the pro - posed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (
e) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The Commission anticipates that the proposed regulations will directly impact commercial market squid vessel permit holders and the market squid lighting boats that service those commercial fishing operations.
The proposed live bait weekend light use reporting requirements are expected to have a direct economic impact of approximately $9,988, the total loss to light boats from the closures is expected to be approximately $399,902, the proposed rib line requirements are expected to cost approximately $885,000, the direct impacts to purse seine and brail vessels from the closures are expected to be approximately $1,999,510, and the estimated total economic effect, including indirect and induced effects, of the proposed closures is $3,298,987.
Combined, the total economic impact from the proposed regulations is estimated to be $4,593,877, see the economic analysis in the addendum to the economic and fiscal impact statement (STD 399) for more information. The change in costs is not anticipated to affect the competitiveness of the California commercial market squid fishery with other states, as the regulations are intended to protect squid egg beds on the sea floor and preserve the sustainability of the fishery.
The Commission has made an initial determination that the adoption of the proposed regulations may have a significant statewide adverse economic impact directly affecting business but are unlikely to affect the ability of California businesses to compete with businesses in other states. The Commission has considered proposed alternatives that would lessen any adverse economic impact on business and invites you to submit proposals. Submissions may include the following considerations: (
i) the establishment of differing compliance or reporting requirements or timetables which take into account the resources available to businesses; (ii) consolidation or simplification of compli - ance and reporting requirements for busi - nesses; (iii) the use of performance standards rather than prescriptive standards; or (iv) exemption or partial exemption from the regulatory requirements for business. (
f) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment The proposed weekend closures are expected to have a total economic effect of $3,298,987, which is expected to eliminate up to 19 jobs (3 from the statewide closure and 16 from the Monterey closure).
The proposed regulations for rib lines and the reporting requirements for light boats participating in the live bait fishery are not anticipated to have any additional impacts to job creation or elimination. The Commission does not anticipate that the proposed regulations will affect the creation of new businesses, the elimination of existing businesses, or the expansion of businesses within the state.
The Commission anticipates benefits to the state’s environment including but not limited to the following: conserving the health and diversity of marine ecosystems and marine living resources; allowing and encouraging only those activities and uses of marine living resources that are sustainable; recognizing the importance to the economy and the culture of California of sustainable commercial fisheries; managing marine living resources on the basis of
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 685 the best available scientific information and other relevant information that the Commission or Department possesses or receives; and involving all interested parties in marine living resource management decisions. No benefits to the health and welfare of California residents or to worker safety are anticipated as a result of these proposed regulations. (
g) Cost Impacts on a Representative Private Person or Business: The Commission anticipates that the per business costs for the proposed regulations is approximately $46,736 per business using purse seines, $14,639 per light boat, and $2,648 per brail vessel, and an average small business cost of approximately $17,746 per vessel. See the economic analysis in the addendum to the STD 399 for further details. (
h) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: The Commission anticipates that the proposed regulatory action will incur a fiscal impact on state government. Enforcement of the proposed regulations will require some of the Department’s wildlife officers to undergo additional training to learn the new regulations, which is estimated to be $27,255. (
i) Nondiscretionary Costs/Savings to Local Agencies: None. (
j) Programs Mandated on Local Agencies or School Districts: None. (
k) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under
Part 7 (commencing with
Section 17500) of Division 4, Government Code: None. (
l) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursu - ant to Government Code Sections 11342.580 and 11346.2(a) (1).
CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carry - ing out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 14.
FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by Sections 200, 205, 399, 7075 and 7078 of the Fish and Game Code and to implement, interpret or make specific Sections 200, 205, 270, 275, 7050, 7055 and 7056 of said Code, proposes to amend Sections 29.80, 29.85, 195, and 701, Title 14, California Code of Regulations, relating to Recreational Crab Fishing Gear and Commercial Passenger Fishing Vessel Trap Validation. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all
section references in this document are to Title 14 of the California Code of Regulations (CCR). The Fish and Game Commission (Commission) proposes to amend sections 29.80, 29.85, 195, and 701, Title 14, California Code of Regulations (CCR). BACKGROUND Current regulations for the recreational Dungeness crab fishery specify seasons, size limits, bag and pos - session limits, closed fishing areas, and gear restric - tions. Crabs can also be taken recreationally by hand, crab trap, crab loop trap (snare), or hoop net.
Hoop nets may be used year–round for taking of crustaceans and have a service interval of two hours (subsection 29.80(b) (2)) and considered abandoned if left out lon- ger than two hours (subsection 29.80(b) (3)). Current regulations do not limit the number, size or color of buoys used on hoop net gear. Hoop nets (not used from shore) must have a surface buoy that is marked to indi- cate specific operator either by an individual’s GO ID, Commercial Passenger Fishing Vessel’s (CPFV’
s) ves- sel commercial boat registration number, or guide li - cense’s identification number (subsection 29.80(b) (5)). There is no limit on the number of hoop nets that may
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 686 be operated by an individual or CPFV when used north of Point Arguello, Santa Barbara County (sub -
section 29.80(b) (4) (B)). CPFVs take customers on fishing trips and pro - vide fishing gear, either with hoop nets or crab traps. Customers are required to have the proper licenses on board including a crab trap validation when CPFV’s use traps. The owner and operator of a CPFV is re - quired to keep and submit a complete and accurate record of fishing activities on a logbook (subsections 190(
a) and 190(b)). Recreational crab traps are evaluated for marine life entanglement risk during the Dungeness crab season under a marine life concentration trigger (subsection 29.80(c) (7) (A)). Under the recreational evaluation when marine life concentration triggers are met, the Director may declare a management action by RAMP Fishing Zone (subsection 29.80(c) (7) (C)).
The only management actions the Director can implement are the following: a fleet advisory to employ voluntary practices, a trap prohibition at the start or end of the recreational Dungeness crab season or lifting of any trap prohibition (subsection 29.80(c) (7) (B)). This rec- reational entanglement evaluation regulatory frame - work also references
definitions and management triggers described in the RAMP regulation (Section 132.8) for the commercial Dungeness crab fishery. PROPOSED CHANGES The proposed changes focus on updates to recre - ational crab gear restrictions to update use of hoop nets, provide additional tools to address entanglement risk of recreational crab traps, and prohibit unique line marks required in other fisheries from being used in recreational gear. They also address a regulations change petition (#2022–11) requesting the establish - ment of a CPFV validation so that CPFV customers would no longer be required to have a trap validation. This is the
summary of proposed regulations to rec- reational crab gear: ● Add a hoop net tampering prohibition: The proposed regulation would prevent unlawful tampering of hoop nets. (Proposed subsection 29.80(a) (3) (B)). ● Prohibit the use of other West Coast fisher - ies’ unique line marks/colors on hoop net and crab trap gear: The proposed regulation would prohibit recreational gear for take of crustaceans from using another fishery’s unique line marking. (Proposed subsection 29.80(a) (4)). ● Clarify surface gear requirements for north - ern hoop nets: The proposed regulation would standardize surface gear configurations of hoop nets used north of Point Arguello, Santa Barbara County. (Proposed subsection 29.80(b) (5)). ● Update the marine life entanglement evalua - tion process: The proposed regulation would add a trigger for confirmed entanglements of any pro- tected species referenced in RAMP as well as a depth constraint under the available management actions (Proposed subsections 29.80(c) (7) (A), 29.80(c) (7) (B), and 29.80(c) (7) (D)). ● Add a separate CPFV crab trap validation: The proposed regulation would modify the cur - rent trap validation, creating a separate CPFV validation.
In addition, new fields will be add - ed to the CPFV logbook and a new fee for the CPFV validation. (Proposed subsections 29.85(a), 195(a), 195(b), 195(d), 701(i), and 701(j)). The proposed regulatory package also includes clar- ifying and non–substantive edits to
Section 29.80 and 29.85. BENEFITS OF THE REGULATIONS The proposed regulations would clarify and im - prove enforceability of current regulations for hoop nets. Regulations support a petition request that also improves data collection efforts to inform fishery management. The proposal better aligns management of the recreational sector with the commercial fishery in mitigating entanglement risk of marine animals protected by the federal Endangered Species Act and Marine Mammal Protection Act. Lastly, the proposal parallels U.S.
West Coast efforts to require uniquely marked gear by ensuring these marks are prohibited in California recreational crustacean gear. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS The proposed regulations are neither inconsistent nor incompatible with existing state regulations.
Section 20,
Article IV, of the state Constitution specifies that the Legislature may delegate to the Commission such powers relating to the protection and propaga - tion of fish and game as the Legislature sees fit. The Legislature has delegated to the Commission the pow- er to adopt regulations governing recreational fishing regulations (Fish and Game Code sections 200, 205, 315, and 316.5). No other state agency has the author- ity to adopt regulations governing recreational fishing regulations.
The Commission has reviewed its own regulations and finds that the proposed regulations are neither inconsistent nor incompatible with exist - ing state regulations. The Commission has searched the CCR for any regulations regarding the adoption of recreational crab fishing regulations; therefore, the Commission has concluded that the proposed regula - tions are neither inconsistent nor incompatible with existing state regulations.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 687 PUBLIC PARTICIPATION Comments Submitted by Mail or Email It is requested, but not required, that written com - ments be submitted on or before July 31, 2025 at the address given below, or by email to FGC@fgc. ca.gov. Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on August 8, 2025 If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244–2090.
Meetings NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the East End Complex Auditorium, 1500 Capitol Avenue, Sacramento, California, which will commence at 8 a.m. on June 11, 2025 and may continue at 8 a.m., on June 12, 2025. This meeting will also include the opportunity to par - ticipate via webinar/teleconference. Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899.
Please refer to the Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most current information. NOTICE IS ALSO GIVEN that any person inter - ested may present statements, orally or in writing, relevant to this action at a hearing to be held in the California Natural Resources Building, Second Floor, 715 P Street, Sacramento, California, which will com- mence at 8 a.m. on August 13, 2025 and may contin - ue at 8 a.m. on August 14, 2025. This meeting will also include the opportunity to participate via webi - nar/teleconference.
Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to the Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most cur - rent information. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.
The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, Box 944209, Sacramento, California 94244–2090, phone (916) 653–4899. Please direct requests for the above–mentioned documents and inquiries concern - ing the regulatory process to Melissa Miller–Henson or David Haug at FGC@fgc.ca.gov or at the preceding address or phone number.
Christy Juhasz, Dungeness Crab Biologist, Department of Fish and Wildlife, AskMarine@wildlife.ca.gov, has been designated to respond to questions on the substance of the proposed regulations. AVAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission dif - fer from but are sufficiently related to the action pro - posed, they will be available to the public for at least 15 days prior to the date of adoption.
Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15–day comment period, and the Commission will exercise its powers under
Section 265 of the Fish and Game Code. Regulations adopted pursuant to this
section are not subject to the time pe - riods for adoption, amendment or repeal of regulations prescribed in sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person inter - ested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representa - tive named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.
IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco - nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (
a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States The proposed action will not have a significant statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states because the proposed regulations are for a recreational marine fishery. CPFVs that
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 22–Z 688 take fishers on crab fishing trips using crab traps as a fleet will now be required to purchase a CPFV–specific validation at $1,115.08 every 365 days [$18.28 × 61 vessels], while also indicating on their fishing logbooks the number of traps or hoop nets used per daily fishing trip in addition to the information they are already required to provide. There may be unrealized cost savings for serving customers on crab trap fishing trips since they are no longer required to purchase a trap validation.
CPFVs also may need to purchase an additional buoy for any hoop nets deployed if they choose to use this for their operations, but it is not required. An optional yellow marker buoy could average $15.00 that if utilized, would be placed theoretically on up to 25 hoop nets (no hoop net limits), resulting in industry costs of approximately $30,214.06 [(($375 to add up to 25 buoys due to damage or loss, or $15.00 × 25 hoop net buoys) + ($120.31 in labor costs, or $19.25/hour × 0.25 hours/hoop net × 25 hoop nets per CPFV)) × 61 CPFVs] in initial costs.
The expected annual replacement cost for buoys in subsequent years to replace lost or damaged buoys (assuming an annual gear loss rate of 20% resulting in 10 buoys needing to be replaced annually) is approximately $10,618 [(($150 to replace up to 10 buoys due to damage or loss, or $15.00 × 10 hoop net buoys) + ($24.06 in labor costs, or $19.25/hour × 0.25 hours/hoop net × 5 hoop nets per CPFV)) × 61 CPFVs]. The total economic impact of buoy costs and CPFV validation costs to CPFVs is approximately $11,733 annually. (
b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment. The Commission does not anticipate any impacts on the creation or elimination of jobs, the creation of