Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 43–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW OCTOBER 25, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2024–1015–04 ........................................ 1381 AMENDMENT MULTI–COUNTY: Schools Alliance for Workers’ Compensation Excess — II Joint Powers Authority STATE AGENCY: California Housing Finance Agency Office of the Secretary of the California Environmental Protection Agency TITLE 4. HORSE RACING BOARD Confidentiality of Applications — Notice File Number Z2024–1015–01 .................................... 1382 TITLE 14.

FISH AND GAME COMMISSION Importation Live Aquatic Plants and Animals — Notice File Number Z2024–1011–01 ........................ 1384 TITLE 22.

DEPARTMENT OF SOCIAL SERVICES CalWORKs Home Visiting Program — Notice File Number Z2024–1015–02 ................................ 1387 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA Consistency Determination Request for Pescadero Marsh Habitat Restoration and Resiliency Project: North Marsh and North Pond 2080R–2024–017–03 Pescadero, San Mateo County, California .......... 1390 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080–2024–016–03, Well Wagenet 5 Restoration Project, Solano County .................................................................................. 1391 FISH AND GAME COMMISSION Notice of Findings for Bear Lake Buckwheat (Eriogonum microtheca var. lacus–ursi) ......................... 1396 (Continued on next page)

FISH AND GAME COMMISSION Notice of Findings for Lime Ridge Eriastrum (Eriastrum ertterae) ........................................ 1397 FISH AND GAME COMMISSION Notice of Findings for Western Burrowing Owl (Athene cunicularia hypugaea) .............................. 1400

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1400 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. CALIFOR NIA R EGULATORY NOTICE R EGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $372.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1381 PROPOSED ACTION ON REGULATIONS TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Schools Alliance for Workers’ Compensation Excess — II Joint Powers Authority STATE AGENCY: California Housing Finance Agency Office of the Secretary of the California Environmental Protection Agency A written comment period has been established commencing on October 25, 2024, and closing on De- cember 9, 2024.

Written comments should be directed to the Fair Political Practices Commission, Attention Belen Cisneros, 1102 Q Street, Suite 3050, Sacramen- to, 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 , pro- posed pursuant to Government Code

Section 87300, which designate, pursuant to Government Code Sec- tion 87302, employees who must disclose certain in- vestments, 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 written comments must be received no later than December 9, 2024. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses, or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code–reviewing body for the above conflict–of– interest 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 provide that agencies shall adopt and promulgate conflict–of–interest codes pursuant to the Political Re- form Act and amend their codes when change is ne- cessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest codes should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email bcisneros@fppc.ca.gov.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Belen Cisneros, Fair Polit- ical Practices Commission, 1102 Q Street, Suite 3050,

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1382 Sacramento, California 95811, or email bcisneros@ fppc.ca.gov. TITLE 4. HORSE RACING BOARD RULE 1497. CONFIDENTIALITY OF APPLICATIONS RULE 1548. RULINGS BY THE STEWARDS The California Horse Racing Board (Board) pro- poses to amend the regulations described below after considering all comments, objections, and recommen- dations regarding the proposed action.

PROPOSED REGULATORY ACTION The Board proposes to amend Board Rule 1497, Confidentiality of Applications, to address unforeseen conflicts with disclosure statements contained in the Board’s occupational license application. “Section A: General Information” of the Board’s Application for License, CHRB–4, states that all information in that section, including address and phone number, is con- sidered public record and may be disclosed pursuant to a Public Records Act request. Within

Section A, applicants must list an address of record, which may be a P .O. Box, mail service box, business address, or other address of their choosing. There is also a sepa- rate area of the Application for License which is des- ignated so that any information listed below will be kept confidential. This is where an applicant must list a personal/physical address if a P .O. Box or mail ser- vice box was listed in

Section A. The

section marked as confidential also asks for phone number, social se- curity number or employer identification, and driver’s license number. The Board frequently receives Public Records Act requests for licensee information. Questions often arise around the treatment of personal addresses and/ or phone numbers that are listed in the public portion of the application. Technically release of that informa- tion conflicts with Board Rule 1497, which states that personal addresses and phone numbers are confiden- tial and shall not be disclosed to the public.

The pro- posed amendment would remove from Rule 1497 the blanket prohibition that personal addresses and phone numbers shall not be disclosed and instead state that information marked or otherwise identified as confi- dential on the application will not be disclosed. This amendment is meant to preserve the confidentiality of personal addresses and phone numbers when an appli- cant wishes to keep such information private but al- low for that confidentiality to be waived if a personal address and/or phone number is listed in

Section A, the public portion of the application. The amendments would also make non–substantive, technical edits to this rule. The Board proposes to amend Board Rule 1548, Rulings by the Stewards, to remove the requirement in subsection (a) (2) that rulings and orders issued by the stewards must include a licensee’s social security number. Stewards’ rulings and orders are public doc- uments and social security numbers must be redacted pursuant to the Information Practices Act before they can be released or posted on the Board’s website.

The inclusion of a licensee’s social security number in rul- ings or orders is unnecessary, and for the protection of the licensee’s information, the Board would prefer to remove the requirement that it be included altogether. The amendments would also change the wording of subsection (a) (2) to be consistent with the other sub- sections. The proposed amendment would reword sub-

section (a) (3) for clarity by requiring the ruling or or- der to include the rule or regulation violated, rather than the offense charged. Other non–substantive, tech- nical edits would also be made. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au- thorized representative, no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested persons, or their authorized repre- sentative, may submit written comments about the proposed regulatory action to the Board. The writ- ten comment period closes on December 9, 2024. The Board must receive all comments by that time. Submit comments to: Mikayla Triffo, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263–6008 Email: mntriffo@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19420, 19440, and 19460, Business and Professions Code (BPC).

Reference: Sections 19420, 19435, 19440, 19460 and 19466, BPC.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1383 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Information Practices Act of 1977 (IPA), Civ- il Code

section 1798 et seq., protects privacy of in- dividuals by providing limits on the collection, man- agement, and dissemination of personal information by state agencies.

Section 1798.61(

a) of the IPA does not prohibit the release of names and addresses of licensees. The Board proposes to amend Board Rule 1497, Confidentiality of Applications, to align with current Board practices regarding the confidentiality of infor- mation contained on an application and comply with the IPA. Board Rule 1497 currently states that person- al addresses and phone numbers are confidential and shall not be disclosed to the public. However, when an applicant indicates a personal address or phone num- ber on the license application, that information is con- sidered public record according to the IPA and the no- tice in

Section A of Application for License, CHRB– 4. The proposed amendment would remove personal addresses and phone numbers from the list of confi- dential information and add the stipulation that infor- mation marked or otherwise identified as confiden- tial on the application not be disclosed. Other non– substantive, technical edits would also be made. The Board proposes to amend Board Rule 1548, Rulings by the Stewards, to align with current Board practices regarding the confidentiality of information contained in rulings and orders issued by stewards by removing the requirement to include social security numbers.

It would change the wording of subsection (a) (2) to be consistent with the other subsections. The proposed amendment would reword subsection (a) (3) for clarity by requiring the ruling or order to include the rule or regulation violated, rather than the offense charged. Other non–substantive, technical edits would also be made. ANTICIPATED BENEFIT OF THE PROPOSED REGULATION The proposed regulatory action would align Board Rules 1497 and 1548 with current practices and the IPA to ensure confidentiality of private information.

The proposed changes to Board Rule 1497 would also help prevent confusion among applicants regarding the information provided on their applications that is confidential. CONSISTENCY EVALUATION Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of de- veloping the proposed regulatory action, the Board conducted a search of any similar regulations on the topic and concluded that Board Rule 1497 is the only regulation that sets forth the conditions under which information provided on an application is not consid- ered confidential.

Similarly, the Board concluded that Board Rule 1548 is the only regulation that specifies the contents of a ruling or order. Therefore, the pro- posed regulatory action is neither inconsistent nor in- compatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none. Cost or savings to any state agency: none. Cost to local agencies and school districts that must be reimbursed in accordance with Government Code (GC) sections 17500 through 17630: none. Other non–discretionary cost or savings imposed upon local agencies: none.

Cost or savings in federal funding to the state: none. The Board has made an initial determination that the proposed regulatory action will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California business- es to compete with businesses in other states. The pro- posed regulatory action would align Board Rules 1497 and 1548 with current practices and the IPA to ensure confidentiality of private information. The following studies/relevant data were relied upon in making the above determination: none.

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

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

The proposed reg- ulatory action does not affect small business because small businesses are not legally required to comply with or enforce the regulation and neither derive a benefit nor incur a detriment from the enforcement of the regulation. The proposed regulatory action would align Board Rules 1497 and 1548 with current prac-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1384 tices and the IPA to ensure confidentiality of private information. CONSIDERATION OF ALTERNATIVES In accordance with GC

section 11346.5, subdivision (a) (13), the Board must determine that no reasonable alternative considered by the Board or that has oth- erwise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private per- sons than the proposed action, or would be more cost– effective to affected private persons and equally effec- tive in implementing the statutory policy or other pro- vision of law.

The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

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

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

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

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

The rulemaking file consists of this no- tice, the proposed text of the regulation, and the initial statement of reasons. The Board’s website address is www.chrb.ca.gov. TITLE 14. FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by Sections 1050, 2118, 6401, 15004, 15600 and 15601 of the Fish and Game Code and to implement, interpret or make specific Sections 2116, 2190, 2270–2272, and 3201–3204 of said Code, pro- poses to amend

Section 236, Title 14, California Code of Regulations, relating to importation of live aquat- ic plants and animals for research purposes. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW There is a biological and public trust need for sci- entific research to respond to the challenges presented

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1385 by diseases, pathogens, or parasites, and uncover solu- tions that can halt the deterioration and improve the condition of aquatic and other ecosystems. However, existing state regulations limit the scope of importa - tion for research purposes. The goal of this proposed action is to allow the importation of live aquatic plants and animals into California by a registered aquacul- turist for the purposes of research, including when a disease, pathogen, or parasite has been detected in a shipment prior to importation.

The proposed regulatory amendments would allow for importation of live aquatic plants and animals for the purpose of research, subject to approval and per- mit conditions specified by the Department of Fish and Wildlife (Department). The regulations would re- strict importation to closed facilities that prevent re- lease and with no intent to outplant or offer for sale. The registered aquaculturist will be required to main- tain all aquatic plants or animals identified in the per- mit in a fully closed system that does not have an out- let into the waters of the state.

The proposed chang- es will serve as an avenue for facilitating further re- search of diseases in controlled environments, and ad- dress inconsistencies with allowances for catastrophic or other disease types and to allow research under safe and prescribed conditions. Proposed Amendments In order to improve the permitting process and over- sight of importation of live aquatic plants and animals for the purpose of research, the Department proposes amendment to

Section 236 as follows: ● Amend

Section 236(c) (2): to add “aquatic plants” to the existing exceptions that currently only ap - ply to live aquatic animals to fully implement Fish and Game Code

Section 15600 for both aquatic plants and animals. ● Amend

Section 236(c) (5): to add the words “… except as otherwise provided in subsection 236 (c) (6)…” which points to the new added subsec- tion (c) (6), and would not require destruction or export from the state of aquatic plants and ani- mals that have been found to be diseased, parasit- ized, or contain a species not authorized. ● Add

Section 236(c) (6): ○ Establishes that a registered aquaculturist, solely for research purposes, may import aquatic plants or animals for which a disease or pathogen has been detected in the shipment prior to importation, subject to written approval and permit conditions specified by the department. ○ Requires the registered aquaculturist to maintain all aquatic plants or animals identified in the permit to be in a closed water system, for which an applicable definition is referenced from subsection 671.7(a) (1) of Title 14, California Code of Regulations. ○ Specifies that if a disease or pathogen listed in

Section 245(

c) of these regulations, not originally detected prior to importation, is identified by a fish pathologist, the registered aquaculturist shall comply with subdivision (c) (5) and

Section 245 of these regulations. ● Amend

Section 236(c) (7): Re–number and amend subsection 236(c) (7) to add “aquatic plants” to the existing exceptions that currently only apply to live aquatic animals to fully implement Fish and Game Code

Section 15600 for both aquatic plants and animals. ● Re–number subsection 236(c) (7) to (c) (8), and (c) (8) to (c) (9). ● Add

Section 236(d): establishes an enforcement clause for the terms and special conditions of an importation permit issued pursuant to

Section 236. Benefits of the regulations Existing regulatory mechanisms regarding diseased aquatic plants seem to only encompass after–the–fact discoveries of diseases, but no mechanism currently exists to allow research to be conducted on aquatic plants and animals that are known to be infected. This proposed regulation is necessary for the interest of ad- dressing inconsistencies with allowances made for cat- astrophic diseases (and other disease categories) and allowing research under prescribed conditions.

This regulation provides potential indirect benefits to the state’s environment through increased control of im- portations, the containment of diseases or pathogens in research, and the benefits derived from disease or pathology research that may include improving diag- noses, preventative measures, and treatments. Over- all, the goal of this proposed action is to allow the im- portation of live aquatic plants and animals into Cal- ifornia by a registered aquaculturist for the purposes of research, including when a disease or pathogen has been detected in the shipment prior to importation.

Evaluation of incompatibility with existing regulations The proposed regulations are neither inconsistent nor incompatible with existing state regulations. Ar- ticle IV ,

Section 20 of the State Constitution speci- fies that the Legislature may delegate to 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 aspects of importa- tion of live aquatic plants and animals by a registered aquaculturist (California Fish and Game Code

Section 15600), an authority that no other state agency has. The Commission has reviewed its own regulations

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1386 and finds that the proposed regulations are consistent with other live aquatic plant and animal importation regulations in Title 14, California Code of Regula- tions, and therefore finds that the proposed regulations are neither 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 November 27, 2024 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 on December 9, 2024. If you would like copies of any modifications to this proposal, please include your name and mail- ing address. Mailed comments should be addressed to Fish and Game Commission, P .O. Box 944209, Sacra- mento, CA 94244–2090.

MEETINGS NOTICE IS HEREBY GIVEN that any person interested may present statements, orally or in writ- ing, relevant to this action at a hearing to be held in the Natural Resources Headquarters Building, 715 P Street, Sacramento, California , which will com- mence at 8:30 a.m. on December 11, 2024, and may continue at 8:30 a.m., on December 12, 2024. This meeting will also include the opportunity to partici- pate via webinar/teleconference. Instructions for par- ticipation 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. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Ini- tial Statement of Reasons, and the text of the regula- tion 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 Di- rector, 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 Da- vid Haug at FGC@fgc.ca.gov or at the preceding ad- dress or phone number.

Samara Maxey, Marine Re- gion Program Manager, Department of Fish and Wildlife, samara.maxey@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. 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 Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The Commission does not anticipate that the pro- posed action will have significant statewide adverse economic impact directly affecting business, includ- ing the ability of California businesses to compete with businesses in other states. The proposed change will remove the competitive disadvantages for busi- nesses currently operating within the state that are currently unable to import species without this regu- latory change. (

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 adverse im- pacts on the creation or elimination of jobs within the state. The Commission does not anticipate adverse im- pacts on the creation of new business, the elimination of existing businesses, or the expansion of businesses in California. The proposed changes are to allow for a more streamlined and efficient process for importa-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1387 tion of live aquatic plants and animals for the purpose of research and limit the use of importation to closed facilities that prevent release and with no intent to out- plant or offer for sale. Under the proposed action a reg- istered aquaculturist will be required to maintain all aquatic plants or animals identified in the permit in a fully closed system that does not have an outlet into the waters of the state in order to prevent the specified pathogen or disease from entering the environment.

The Commission expects at least one aquaculturist to begin operating in the state as a result of the proposed regulations but does not expect demand for goods and services related to the aquaculture industry to signifi- cantly change. The Commission does not anticipate that the proposed regulation will negatively impact the demand for labor, nor induce the elimination nor the expansion of businesses in California. The Com- mission does not anticipate any benefits to the health and welfare of California residents or to worker safe- ty.

The Commission anticipates benefits to the State’s environment indirectly through increased control of importations, which may prevent the introduction of pathogens into the state. (

c) Cost Impacts on a Representative Private Person or Business: The Commission anticipates that the proposed reg- ulatory action will have minor economic impacts on businesses and small businesses that operate as aqua- culturists and seek to import specimens with non– catastrophic diseases or pathogens; however, these are not new costs imposed by the proposed regulato- ry action but rather the current cost of compliance that aquaculturists seeking to import specimens already face as part of the permitting process.

The proposed regulatory action removes a prohibition on the im- portation of species identified as being infected with non–catastrophic diseases or pathogens to allow the research of diseased aquatic plants under safe and pre- scribed conditions. The costs for diagnostics & test- ing services for pathogens required by applicants for an importation license under current regulations is ap- proximately $4,000–$10,000 depending on the need for repeated testing, with a median cost of $8,000.

Currently most aquaculturists happen to qualify as small businesses, but the sector is not limited to small businesses in terms of who may enter the market. In 2024 there are approximately 130 registered aquacul- ture facilities in the state, with some of those facili- ties operated by the same company.

Only a fraction of them will likely conduct the kind of research being contemplated for approval under the proposed regula- tory action, and the Commission expects the percent- age of affected aquaculturists to be 15–20%, which would create an approximate annual cost of $156,000– $208,000 based on the median testing cost of $8,000. However, this testing cost is the same cost that all oth- er importers face when importing a species into the state and does not represent a new cost created or im- posed by these regulations. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: None. (

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

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

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

Part 7 (commencing with

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

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these regulations may affect small business. The Commis- sion has drafted the regulations in Plain English pur- suant 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 affect- ed 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 22.

DEPARTMENT OF SOCIAL SERVICES ORD #0324–02 SUBJECT: CALWORKS HOME VISITING PROGRAM The California Department of Social Services (CDSS) hereby gives notice of the proposed regulato- ry action(

s) described below. A public hearing regard- ing this proposal is not currently scheduled. Not later than 15 days prior to the close of the public comment period, any interested person, or his or her authorized representative, may make a written request for a pub-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1388 lic hearing pursuant to Government Code

section 11346.8, and a public hearing will be held. Requests for a public hearing should be sent to: California Department of Social Services Office of Regulations Development 744 P Street, MS 8–4–192 Sacramento, CA 95814 Telephone: (916) 657–2856, Fax: (916) 653–7395 Email: ord@dss.ca.gov Statements or arguments relating to the proposals may be submitted in writing, email, or by facsimile to the address/number listed above. All comments must be received by December 11, 2024.

Following the public comment period, CDSS may thereafter adopt the proposals substantially as de- scribed below or may modify the proposals if the mod- ifications are sufficiently related to the original text. Except for nonsubstantive, technical, or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption to all persons who submit written comments during the public com- ment period, and all persons who request notification. Please address requests for regulations as modified to the agency representative identified below.

Copies of the express terms of the proposed regu- lations and the Initial Statement of Reasons are avail- able from the office listed above. This notice, the Ini- tial Statement of Reasons and the text of the proposed regulations are available on the internet at Regulations in Process [ https://www.cdss.ca.gov/inforesources/ letters–regulations/legislation–and–regulations/ regulations–home–page/regulations–in–process ]. Ad- ditionally, all the information that CDSS considered as the basis for these proposed regulations (i.e., rulemak- ing file) is available for public reading at the address listed above.

Following the public comment period, copies of the Final Statement of Reasons will be avail- able at the above address. CHAPTERS Manual of Policies and Procedures (MPP) 40–100 General; 51–000 CalWORKs HVP; and 51–100 Ad- ministration of the CalWORKs HVP. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Human Services Omnibus bill of 2018 (Assem- bly Bill 1811,

Chapter 35, Statutes of 2018) established the CalWORKs Home Visiting Initiative (HVI) Pro- gram effective January 1, 2019. The Human Service Omnibus of 2019 (Senate Bill 80,

Chapter 27, Statutes of 2019) changed the name to the CalWORKs Home Visiting Program (HVP) and changed eligibility re- quirements of the program. The purpose of the HVP is to support positive health, development and well–being outcomes for pregnant and parenting women, families and infants born into poverty. The HVP will expand opportuni - ties for future education, economic and financial capa- bility for participants, improving the likelihood they will exit poverty.

The program will improve family engagement practices, support healthy development of young children living in poverty, and prepare parents for employment. Leveraging home visiting services into the Cal- WORKs program presents a unique opportunity to promote two–generation policies that meet the needs of parents and their children.

Home visiting is an evidence–based, culturally competent, voluntary program model that pairs new parents with a nurse or other trained professional who makes regular visits to the participant’s home to pro- vide guidance, coaching, access to prenatal and post- natal care, and other health and social services.

The HVP supports and resources will include but not be limited to: (1) prenatal, infant and toddler care; (2) infant and child nutrition; (3) child developmental screening; (4) parent education, and training in par- ent/child interaction; (5) child development and child care; (6) job readiness and barrier removal; (7) domes- tic violence and sexual assault services; and (8) men- tal health and substance abuse treatment and support. Home visitors will encourage participants to enroll their child in high–quality early learning settings or participate in playgroups or other child enrichment activities.

Parent participation in early learning set- tings will count towards allowable activities under a welfare–to–work plan. Counties may establish processes, in coordination with home visitors and CalWORKs staff, to provide one–time, as–needed funding not to exceed $1000 for the purchase of material goods for a participant’s household related to care, health, and safety of the child and family. To be eligible for home visiting services an individ- ual must be either a member of a CalWORKs assis- tance unit; a parent or caretaker relative for a child– only case; or an individual who is apparently eligible.

The individual must also be pregnant or a parent or caretaker relative of a child less than 24 months of age at the time the individual enrolls in the program. A county may serve additional individuals not de- scribed above with department approval. Participation is optional for CalWORKs clients. Participation does not affect a family’s application for aid or eligibility for any other CalWORKs benefits, supports or services such as welfare–to–work exemptions.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1389 A member of the assistance unit need not be eligible for, nor is required to participate in, the Welfare–to– Work program to receive home visiting services. Incorporated by Reference: T h e r e a r e n o d o c u- ments to be incorporated by reference for this action. Benefits: The benefits anticipated from the regulato- ry action for the HVP aims to support positive health, development, and well–being outcomes for pregnant and parenting individuals, families, and infants born into poverty.

The HVP will expand opportunities for future education, economic and financial capability for participants, improving the likelihood they will exit poverty. The program will improve family en- gagement practices support healthy development of young children living in poverty and prepare parents for employment which will have a positive impact in their environment. The HVP strongly promotes fair- ness, social equity, openness, and transparency with services and resources the home visitors provides to each participant. There are no anticipated effects to worker safety or the state’s environment. COST ESTIMATE 1.

Costs or Savings to State Agencies: No fiscal impact beyond what is already budgeted and en- acted in statute. The 2024–25 Governor’s Bud- get includes $4,978,000 for visits, $225,000 for employment services, $750,000 for administra - tion, and $804,000 for early learning setting in FY 2023–24 and includes $5,005,000 for visits, $237,000 for employment services, $764,000 for administration, and $809,000 for early learning setting in FY 2024–25 for the CalWORKs Home Visiting Program. 2.

Costs to Local Agencies or School Districts Which Must Be Reimbursed in Accordance with Government Code Sections 17500–17630: N/A 3. Nondiscretionary Costs or Savings to Local Agencies: N/A 4. Federal Funding to State Agencies: No fiscal im- pact beyond what is already budgeted and enact- ed in statute.

The 2024–25 Governor’s Budget includes $92,757,000 for visits, $4,197,000 for employment services, $1,938,000 for adminis- tration, and $1,848,000 for early learning set- ting in FY 2023–24 and includes $93,274,000 for visits, $4,410,000 for employment services, $1,939,000 for administration, and $1,858,000 for early learning setting in FY 2024–25 for the Cal- WORKs Home Visiting Program. LOCAL MANDATE STATEMENT These regulations do not impose a mandate upon lo- cal agencies or school districts. There are no state– mandated local costs that require reimbursement un- der the laws of California.

STATEMENT OF SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS CDSS has made an initial determination that the proposed action will not have a significant statewide adverse economic impact directly affecting business- es, including the ability of California businesses to compete with businesses in other states. This deter- mination was made based on this program may lead to increased job opportunities for home visitors and other personnel needed to operate public and private home visiting agencies.

STATEMENT OF POTENTIAL COST IMPACT ON PRIVATE PERSONS OR BUSINESSES CDSS is not aware of any cost impacts that a repre- sentative private person or business would necessari- ly incur in reasonable compliance with the proposed action. SMALL BUSINESS IMPACT STATEMENT CDSS has determined that there is no impact on small business as a result of filing these regulations because these regulations are only applicable to state and county agencies. STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT The adoption of the proposed regulation change may create jobs in the State of California.

Home visi- tors such as nurses or other trained professionals will make regular visits to the HVP participant’s home to provide guidance, coaching, access to prenatal and postnatal care, and other health and social services. It will not result in the elimination of existing businesses or create or expand businesses in the State of Califor- nia. The program may result in the expansion of exist- ing home visiting agencies if additional personnel are needed to operate the HVP program.

Benefits: The benefits anticipated from the regulato- ry action for the HVP aims to support positive health, development, and well–being outcomes for pregnant and parenting individuals, families, and infants born into poverty. The HVP will expand opportunities for future education, economic and financial capability for participants, improving the likelihood they will exit poverty. The program will improve family en- gagement practices support healthy development of young children living in poverty and prepare parents

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1390 for employment which will have a positive impact in their environment. The HVP strongly promotes fair- ness, social equity, openness, and transparency with services and resources the home visitors provides to each participant. There are no anticipated effects to worker safety or the state’s environment. STATEMENT OF EFFECT ON HOUSING COSTS The proposed regulatory action will have no effect on housing costs.

STATEMENT OF ALTERNATIVES CONSIDERED In developing the regulatory action, the Department considered the following alternatives with the follow- ing results: No alternatives have been presented to CDSS.

CDSS must determine that no reasonable alter- native considered or that has otherwise been identi- fied and brought to the attention of the Department would be more effective in carrying out the purpose for which the regulations are proposed or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

AUTHORITY AND REFERENCE CITATIONS CDSS adopts these regulations under the authori- ty granted in Sections 10553 and 10554 of the Wel- fare and Institutions Code and reference of Sections 11330.6 through 11330.9 of the Welfare and Institu- tions Code. DEPARTMENT REPRESENTATIVE REGARDING THE RULEMAKING PROCESS OF THE PROPOSED REGULATION Contact Person: Kenneth Jennings Contact Number: (916) 657–2586. Backup Contact: Oliver Chu Contact Number: (916) 657–2586.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR PESCADERO MARSH HABITAT RESTORATION AND RESILIENCY PROJECT: NORTH MARSH AND NORTH POND 2080R–2024–017–03 PESCADERO, SAN MATEO COUNTY , CALIFORNIA The California Department of Fish and Wildlife (CDFW) received a notice on October 8, 2024, that the California Department of Parks and Recreation (State Parks) proposes to rely on a consultation between fed- eral agencies to carry out a project that may adverse- ly affect a species protected by the California Endan- gered Species Act (CESA).

The proposed project in- volves restor ing the ecologic, geomor phic, and hyd rau- lic processes acting on the North Marsh North Pond complex. Proposed activities will include, but are not limited to, partial removal of an existing levee, remov- al of culverts associated with drainage channels, par- tial filling of the relic drainage channels that increase tidal inundation/salinity, removal of approximately 50 eucalyptus, removal of invasive dune species and re- vegetation to restore dune habitat; and possible control of water levels at the creek mouth to facilitate aquatic species relocation.

The proposed project will occur at the Pescadero Marsh Natural Preserve, near the town of Pescadero, County of San Mateo, California. The National Marine Fisheries Service issued a fed- eral programmatic biological opinion (PBO) (Service Ref. Number WCR–2015–3755) in a memorandum to the National Oceanic and Atmospheric Adminis- tration Restoration Center (NOAA RC) and the U.S. Army Corps of Engineers on June 14, 2016, which considered the effects of the eligible restoration proj- ects on multiple federally listed species.

On January 29, 2024, State Parks applied to NOAA RC for inclu- sion of the proposed project under the PBO for state endangered and federally endangered California Cen- tral Coast coho salmon (Oncorhynchus kisutch ). On April 24, 2024, NOAA RC determined that the project fits within the scope of the PBO. Pursuant to California Fish and Game Code

section 2080.1, State Parks is requesting a determination that the Incidental Take Statement (ITS) and its associat- ed PBO are consistent with CESA for purposes of the proposed project. If CDFW determines the ITS and

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1391 associated PBO ar e co nsistent wi th CES A fo r th e pro- posed project, St ate Pa rks wi ll no t be re quired to ob- tain an incidental ta ke pe rmit un der Fis h an d Ga me Code

section 20 81 sub division (

b) fo r th e pro posed project. DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 2080–2024–016–03 Project: Well Wagenet 5 Restoration Project Location: Solano County Applicant: Lodi Gas Storage, LLC Background Lodi Gas Storage, LL C (A pplicant) pro poses to re- move approximately 2,3 28 cub ic ya rds of fil l an d ma- terials for the pu rpose of re storing an oi l obse rvation well and associated ac cess roa d to pr e–project co ndi- tions.

The We ll Wag enet 5 Re storation Pro ject (P roj- ect) first involves in stalling a tu rbidity cu rtain aro und the entire work si te du ring a lo w–tide cy cle to pro tect aquatic resources an d mi nimize th e ris k of pro tected fish species en tering th e wo rk ar ea. Subs equently, th e fill and materials wi ll be ex cavated an d st ockpiled in the upland no n–native an nual gr assland ar eas to dr y. Once dry, these ma terials wi ll be re moved to a co n- tractor’s disposal pi t off site.

On ce al l fil l an d ma terials are removed fro m th e ac cess roa d an d we ll pad si te, the soil onsite wi ll be lo osened to a de pth of 18 in ch- es before recontouring th e ar ea to ma tch th e ad jacent grade. The we ll ch amber wi ll be cap ped wi th co ncrete with the top of th e cap be ing ap proximately 12 fe et be- low the floor of th e ti dal ma rsh. La stly, th e Ap plicant will conduct see ding an d pl anting to re store th e wet- land and upland gr assland hab itat on site.

Th e Pro ject is located north of Ki rby Hi ll ne ar Nu rse Sl ough, ap- proximately 1. 5 mi les we st of Sh iloh Ro ad an d 0. 75 mile south of Li ttle Ho nker Ba y in an un incorporated area of Solano Co unty, Ca lifornia. Th e Pro ject fa lls within the U.S. Ge ological Su rvey (U SGS) De nverton 7.5–minute qu adrangle, wh ich is wi thin Se ctions 25 and 30, Township 4N, Ranges 1W and 1E.

The Project ac tivities de scribed abo ve ar e ex pect- ed to incidentally ta ke 1 California ti ger sa lamander 1 Pursuant to Fi sh an d Ga me Co de se ction 86 , “ ‘T ake’ me ans hunt, pursue, ca tch, ca pture, or ki ll, or at tempt to hu nt, pu rsue, catch, capture, or ki ll.” Se e al so Environmental Protection In - formation Center v.

California Department of Forestry and Fire Protection (2008) 44 Ca l.4th 45 9, 50 7 (f or pu rposes of in cidental take p ermitting u nder F ish a nd G ame C ode s ection 2 081, s ubdivi- sion (b), “ ‘take’ …means to catch, capture or kill”). (CTS) (Ambystoma californiense) where those ac tiv- ities take place wi thin upl and gr assland hab itat co n- taining rodent bu rrows. In par ticular, CT S co uld be incidentally ta ken as a re sult of cu t an d fil l ex cava- tion; vehicular ac cess; co llapsing of bu rrows; an d en- trapment in ex cavated pi ts, tr enches, or wi thin co n- struction materials.

In cidental ta ke ma y al so oc cur in the form of pu rsue, cat ch, cap ture, or at tempt to do so from CTS surveying an d re locating op erations. CT S is designated as a th reatened sp ecies pu rsuant to th e fe d- eral Endangered Sp ecies Ac t (E SA) (1 6 U. S.C. § 15 31 et seq.) and a th reatened sp ecies pu rsuant to th e Ca li- fornia Endangered Sp ecies Ac t (CE SA) (F ish & Ga me Code, § 2050 et seq .). (S ee Ca l.

Co de Re gs., ti tle 14 , § 670.5, subdivision (b) (3) (G).) The Project ac tivities de scribed abo ve ar e al so ex- pected to incidentally ta ke Ch inook sa lmon (On- corhynchus tshawytscha ), of the Sacramento Ri ver winter–run ev olutionary si gnificant un it (S R wi nter– run Chinook sa lmon) wh ere th ose ac tivities ta ke pl ace within aquatic hab itat. SR wi nter–run Ch inook sa lm- on is designated as an en dangered sp ecies pu rsuant to the federal En dangered Sp ecies Ac t (E SA) (1 6 U.

S.C. § 1531 et seq.) an d a th reatened sp ecies pu rsuant to th e California En dangered Sp ecies Ac t (CE SA) (F ish & Game Code, § 20 50 et seq .). (S ee Ca l. Co de Re gs., ti tle 14, § 670.5, sub division (a ) (2) (M).) Th e Pro ject ac tiv- ities described abo ve ar e al so ex pected to in cidentally take Chinook sa lmon (O . tshawytscha) of the Central Valley spring–run (C V sp ring–run Ch inook sa lmon) where those ac tivities ta ke pl ace wi thin aq uatic hab i- tat. CV spring–run Ch inook sa lmon is de signated as a threatened sp ecies pu rsuant to th e fe deral En dan- gered Species Ac t (E SA) (1 6 U.

S.C. § 15 31 et seq .) an d a threatened sp ecies pu rsuant to th e Ca lifornia En- dangered Species Ac t (CE SA) (F ish & Ga me Co de, § 2050 et seq.). (S ee Ca l. Co de Re gs., ti tle 14 , § 67 0.5, subdivision (b ) (2) (C). CV sp ring–run an d SR wi nter– run Chinook sa lmon ma y be in cidentally ta ken as a re- sult of in–water fill excavation work. CTS individuals ar e do cumented as pr esent ap- proximately 2 mi les fro m th e Pro ject si te an d th ere is suitable CTS hab itat wi thin an d ad jacent to th e Pro j- ect site.

Because of th e pro ximity of th e ne arest do cu- mented CTS, dis persal pat terns of CT S, an d th e pr es- ence of suitable CT S hab itat wi thin th e Pro ject si te, the United St ates Fis h & Wi ldlife Se rvice (U SFWS) determined th at CT S is re asonably ce rtain to oc cur within the Pro ject si te an d th at Pro ject ac tivities ar e expected to re sult in th e in cidental ta ke of CT S. SR winter–run Ch inook sa lmon ar e do cumented as pr es- ent approximately 5 mi les fro m th e Pro ject si te an d CV spring–run Ch inook sa lmon ar e do cument ap proxi- mately 9.75 mi les fro m th e Pro ject si te.

Be cause of th e proximity of th e ne arest do cumented Ch inook sa lm- on and the pr esence of su itable Ch inook sa lmon hab-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1392 itat within the Pro ject si te, th e Na tional Ma rine Fis h- eries Service (N MFS) det ermined th at SR wi nter–run Chinook salmon an d CV sp ring–run Ch inook sa lmon are reasonably ce rtain to oc cur wi thin th e Pro ject si te and that Project ac tivities ar e ex pected to re sult in in- cidental take.

According to th e US FWS an d NM FS, th e Pro j- ect will result in the temporary loss of 1.497 acres of upland CTS hab itat an d 0. 213 ac res of aq uatic SR winter–run C hinook s almon a nd C V s pring–run C hi- nook salmon hab itat, to taling 1. 71 ac res of te mporary Chinook salmon and CTS habitat loss. Because the Pro ject is ex pected to re sult in ta ke of species designated as th reatened an d en dangered un- der the federal ES A, NM FS an d US FWS co nsulted with the United St ates Ar my Co rp of En gineers (A CE) as required by th e ES A.

On Au gust 31 , 20 22, US FWS issued a programmatic bi ological op inion (fi le Nu m- ber 2022–0005149–S7) (C TS PB

O) to th e ACE fo r CTS. Previously, on Au gust 31 , 20 18, NM FS iss ued a programmatic bi ological op inion (fi le Nu mber WC R– 2017–8532) (C hinook sa lmon PB

O) to th e ACE fo r SR winter–run C hinook s almon a nd C V s pring–run C hi- nook salmon. Th e PB Os de scribe th e Pro ject, re quire the Applicant to co mply wi th te rms of th e PB Os an d their incidental ta ke st atements (I TS), an d in corporate additional measures.

On September 1 1 , 20 24, th e Di rector of th e Ca lifor- nia Department of Fis h an d Wi ldlife (C DFW) re ceived a notice from Gr egory Cl ark, on be half of th e Ap pli- cant requesting a det ermination pu rsuant to Fis h an d Game Code se ction 20 80.1 th at th e CT S IT S an d Ch i- nook salmon IT S, an d ac companying CT S PB O an d Chinook salmon ITS are consistent with CESA for purposes of th e Pro ject an d CT S, SR wi nter–run Ev o- lutionary Significant Un it (E SU) an d Ce ntral Va lley spring–run ES U Ch inook sa lmon. (C al. Re g.

No tice Register 2024, Number 39–Z, page 1288.) 2 Determination CDFW has det ermined th at th e CT S IT S an d Ch i- nook salmon IT S, an d ac companying CT S PB O an d Chinook salmon IT S, ar e co nsistent wi th CES A as to the Project an d be cause th e mi tigation me asures co n- 2 The USFWS’s PB O ad dresses th e pot ential fo r ta ke un der ES A for salt–marsh ha rvest mo use (Reithrodontomys raviventris ), a species designated as en dangered un der th e ES A, an d fu lly pr o- tected u nder C ESA. ( See F ish & G ame C ode, § 20 50 e t s eq.; C al.

Code Regs., ti tle 14, § 67 0.5, su bdivision (a ) (6) (F); an d Fi sh & Game Code, § 47 00). Th is sp ecies is kn own to oc cur wi thin th e Project site. US FWS de termined in th e IT S an d ac companying PBO that, for pu rposes of th e ES A, mo rtality or in jury to in divid- ual salt–marsh ha rvest mo use wo uld not oc cur, bu t th at ta ke in th e form of harm or ha rassment co uld oc cur. Th e US FWS au thorized such take under th e ES A, re quiring th e Ap plicant to im plement avoidance and mi nimization me asures fo r th e sp ecies.

Th e Ap- plicant is aware th at, fo r pu rposes of CE SA, ta ke of sa lt–marsh harvest mouse as de fined by st ate la w is pr ohibited an d is not authorized or permitted by this consistency determination. tained in the CT S IT S an d Ch inook sa lmon IT S, an d accompanying CT S PB O an d Ch inook sa lmon IT S meet the conditions set fo rth in Fis h an d Ga me Co de

section 2081, sub divisions (

b) an d (c ), fo r au thorizing incidental take of CES A–listed sp ecies.

Sp ecifical- ly, CDFW fin ds th at: (1 ) ta ke of CT S, SR wi nter–run Chinook salmon, an d CV sp ring–run Ch inook sa lmon will be incidental to an ot herwise la wful ac tivity; (2 ) the mitigation me asures id entified in th e CT S IT S an d Chinook salmon IT S, an d ac companying CT S PB O and C hinook s almon I TS w ill m inimize a nd f ully m it- igate the impacts of th e au thorized ta ke; (3 ) ad equate funding is en sured to im plement th e re quired av oid- ance minimization an d mit igation me asures (A MMs) and to monitor co mpliance wi th, an d eff ectiveness of those measures; an d (4 ) th e Pro ject wi ll no t je opardize the continued ex istence of CT S, SR wi nter–run Ch i- nook salmon, an d CV sp ring–run Ch inook sa lmon.

The mitigation me asures in th e CT S IT S an d Ch inook salmon ITS, an d ac companying CT S PB O an d Ch i- nook salmon IT S in clude, bu t ar e no t li mited to , th e following: USFWS AMMs — CTS Avoidance, Minimization, and Mitigation Measures 1) Qualifications of the Qualified Biologist and USFWS–Approved Biologist: The Applicant shall submit to CD FW fo r ap proval, th e na me, qualifications, bu siness ad dress, an d co ntact information of th e Qu alified Bi ologist an d th e USFWS–Approved Bi ologist at le ast 15 da ys before starting Pro ject ac tivities.

Pe rmittee shall ensure th at th e Qu alified Bi ologist an d th e USFWS–Approved Bi ologist ar e kn owledgeable and experienced in th e bi ology, na tural his tory, collecting, an d ha ndling of CT S. Th e Qu alified Biologist and th e US FWS–Approved Bi ologist shall be responsible fo r mo nitoring Co vered Ac- tivities to help mi nimize an d fu lly mi tigate or avoid the incidental ta ke of in dividual CT S an d to minimize disturbance of CT S hab itat.

Although not a condition of the CTS PBO, CDFW requests resumes also be provided to CDFW for review. 2) Preconstruction Surveys: A Qualified Bi ologist will conduct vis ual pr econstruction su rveys an d implement additional protection measures within five days prior to be ginning wo rk to pro tect th e species and hab itat fro m av oidable co nstruction– related disturbance. Th e in tent of th e su rvey is to assess current sp ecies hab itat an d sp ecies use locations in th e Pro ject ar ea im mediately pr ior to construction.

Th e pr econstruction su rvey is no t intended to be a pr esence/absence or pro tocol– level survey; th e po tential fo r sp ecies pr esence will have already be en ev aluated pr ior to pro j- ect approval. Pr e–construction su rveys ma y be

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1393 phased across a construction site if construction in different areas will occur at different times; only areas where disturbance is imminent need be surveyed.

If construction activities at a given location cease for more than 5 consecutive days, and there is potential for CTS to reoccupy habitat at that site, the Qualified Biologist will resurvey the Project area prior to resuming construction and implement applicable protection measures. 3) Work Window: Project activities in uplands will be confined to May 1 through October 31, unless there is a rain event forecast likely to gen- erate measurable fall, rain of 1 inch or greater, at which time work will cease for the fall season.

For project activities in occupied aquatic CTS breeding habitat, grading and other disturbance will avoid the breeding season and will be limited to between July 1 and October 31, unless precon- struction surveys and monitoring demonstrate that young–of–year (recently metamorphosed) CTS have dispersed from the breeding habitat. In that case, based on the recommendation of the USFWS–Approved Biologist, and with written approval from the USFWS (e.g., email), the Ap- plicant may proceed with work in aquatic breed- ing habitat prior to July 1.

Work in a pool or wet- land may also begin before July 1 if the pool or wetland has been dry for a minimum of 30 days before initiating work. 4) Rain Event Limitations: To the maximum ex - tent practicable, construction activities will be restricted to periods of low rainfall (less than 0.5 inch per 24–hour period) and periods of dry weather (with less than a 50 percent chance of rain). During these restricted periods, no con- struction activities will occur between 30 min- utes prior to sunset and 30 minutes after sunrise (no night work during rain events).

If rain exceeds 0.5 inch during a 24–hour period, work will cease until no further rain is forecast. Construc - tion activities halted due to precipitation may re- sume when precipitation ceases and the National Weather Service 72–hour weather forecast indi- cates less than a 50 percent chance of 0.5 inch of rain or less during a 24–hour period. Before con- struction activities resume, a Qualified Biologist will inspect the project area and all equipment/ materials for the presence of CTS. 5) Encounter with Species: Each encounter with CTS will be treated on a case–by–case basis.

If any life stage of CTS is found and these individ- uals may potentially be killed or injured by work activities, the following will apply: a. If a CTS is detected in the Project area, work activities within 50 feet of the individual that may potentially be harmed, injured, or killed will cease immediately, and the USFWS–Approved Biologist will be noti- fied. Based on the professional judgment of the USFWS–Approved Biologist, if Project activities can be conducted without harming or injuring the species, it may be left at the location of discovery and monitored by the USFWS–Approved Biologist.

All Project personnel will be notified of the finding, and at no time will work occur within 50 feet of a CTS without a USFWS–Approved Biologist present. b. Contact with the CTS will be avoided, and it will be allowed to move out of the potentially hazardous situation of its own volition. Al- lowing a CTS to move out of the potentially hazardous situation of its own volition may not be appropriate for multi–day projects be- cause CTS could stay or move back into the Project site.

If there is an immediate hazard or if there is no suitable, accessible habitat nearby to which the CTS may relocate, the CTS will be moved following approved han- dling protocol (see CTS PBO Species Ob - servations and Handling Protocol ). c.

The Applicant shall ensure no more than 20 adults or juveniles are injured or killed an- nually and no more than 10 individuals per USFWS Field Office; no more than 5 percent of larval captures may be injured or killed annually. 6) Species Observations and Handling Protocol: If a CTS does not or cannot leave the work area and handling CTS is required, a capture and re- location plan shall be submitted to USFWS for review and approval. Capture and relocation will be conducted by a USFWS–Approved Bi- ologist.

Prior to handling and relocation, the USFWS–Approved Biologist will take precau- tions to prevent the introduction of amphibian diseases, in accordance with the Interim Guid - ance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the CTS (USFWS 2003) and the CTS PBO Prac- tices to Prevent Pathogen Contamination ; and Clearing and Grubbing Vegetation (which refers to CDFW [2016] decontamination protocols). 7) Lighting: Artificial lighting at a project site will be prohibited to the maximum extent practicable during the hours of darkness, except when neces- sary for driver or pedestrian safety. 8) Exclusion fencing: Prior to the start of construc - tion, the Applicant will install wildlife exclusion fencing (WEF) at the edge of the Project footprint

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1394 in all areas where CTS could enter the construc- tion area. The Applicant shall submit a concep- tual fencing plan to the USFWS for review and approval prior to WEF installation. The location, fencing materials, installation specifications, maintenance, and monitoring and repair criteria shall be approved by the USFWS prior to start of construction.

WEF with exit ramps, funnels, and cover boards may be required for one full rainy season to allow any CTS onsite to move into an adjacent habitat offsite and will be determined on a case–by–case basis. The location of the fencing shall be determined by the onsite project manager and the USFWS–approved biologist in coopera- tion with the USFWS prior to the start of staging or surface disturbing activities. The WEF shall remain in place throughout the duration of the Project and shall be inspected weekly and fully maintained. The Applicant shall make repairs to the WEF within 24 hours of discovery.

Upon project completion, the Applicant shall complete- ly remove the WEF, clean the area of debris and trash, and return the area to natural conditions.

If installation will result in ground disturbance, and the duration of work activities is very short (e.g., three days or less) and during the dry sea- son, then the boundaries and access areas and sensitive habitats shall be staked and flagged by the biological monitor prior to disturbance and species monitoring will occur during all Project activities at that site. 9) Revegetate Disturbed Areas: All temporarily disturbed areas will be de–compacted and seed- ed/planted with an assemblage of native riparian, wetland, and/or upland plant species suitable for the area.

The Applicant will develop a revegeta- tion plan. Plants for revegetation will come pri- marily from active seeding and planting, or from natural recruitment where applicable. Plants im- ported to the restoration areas will come from lo- cal stock. Certified weed–free native mixes and mulch will be used for any restoration planting or seeding.

Revegetation activities in and adjacent to waterbodies and other aquatic habitat suitable for CTS will commence after construction activ- ities at a site are complete. 10) Bank Credit Purchase: Prior to any earthmo v- ing activities, the Applicant will purchase 0.40 acres of CTS habitat credits. Credits will be from one or more conservation banks approved by USFWS and CDFW . The Applicant will obtain written confirmation from USFWS and CDFW that the conservation bank(

s) is in good stand- ing prior to purchasing the credits. In the event that credits are not available for purchase, partly or entirely, prior to the start of ground disturb- ing activities, credits that are available will be purchased prior to the start of ground disturbing activities and a performance security will be es- tablished equivalent to the amount needed to pur- chase the remaining credits. MONITORING AND REPORTING MEASURES 1) Onsite Monitoring during Project Activities: A Qualified Biologist(

s) will perform site clear- ance at the beginning of each day and will moni- tor construction activities throughout the day in, or immediately adjacent to, sensitive resources and/or CTS habitat (including critical habitat as applicable). The Qualified Biologist will confirm that all applicable protection measures are imple- mented during project construction. The Quali- fied Biologist or biological monitor shall monitor regularly throughout the workday when construc- tion activities are occurring that may displace, in- jure, or kill CTS through contact with workers, vehicles, and equipment.

The Qualified Biologist shall also coordinate with USFWS and CDFW for further guidance if work is stopped because permit requirements are not fully implemented or if it is deemed necessary to protect CTS. 2) Revegetation Monitoring and Reporting: All revegetated areas will be maintained and moni- tored by the Applicant for 5 years after replanting is complete, or until success criteria are met, to ensure that the revegetation effort is successful.

The standard for success is 60 percent cover com- pared to pre–project conditions at the Project site or at least 60 percent cover compared to an intact, local reference site. The Applicant will prepare a

summary report of the monitoring results and recommendations on December 1 each year. Although not a condition of the CTS PBO, CDFW requests a copy of the Onsite Monitoring Report and Revegetation Monitoring Report. The CDFW contacts are Mia Bianchi at mia.bianchi@ wildlife.ca.gov and AskBDR@wildlife.ca.gov. NMFS AMMs — SR winter–run Chinook salmon, and CV spring–run Chinook salmon A VOIDANCE, MINIMIZATION, AND MITIGATION MEASURES 1) Work window: The Project in–water work win- dow will be from August 1 through October 31.

This work window varies slightly from the work windows shown in Table 1–1 of the Chinook salmon PBO reference number WCR–2017–8532 and was approved in writing by NOAA Fisher-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1395 ies based on project

schedule needs and because salmonids are not historically known to be using the habitat in the area during the Project timing. established through direct communications with NOAA Fisheries staff and. 2) Fish relocation: The work area shall be isolated and all flowing water shall be temporarily divert- ed around the work site to maintain downstream flows during construction. Fish shall be excluded from occupying the work area by blocking the stream channel above and below the work area with fine–meshed net or screens. Mesh will be no greater than one eighth inch diameter.

The bottom of a seine must be completely secured to the channel bed. Screens must be checked twice daily and cleaned of debris to permit free flow of water. Block nets shall be placed and maintained throughout the dewatering period at the upper and lower extent of the areas where fish will be removed.

Block net mesh shall be sized to ensure Chinook salmon upstream or downstream do not enter the areas proposed for dewatering between passes with the electrofisher or seine. 3) Injury: Any injuries or mortality from a project– specific fish relocation site that exceeds three per- cent of captured fish for any listed species shall be reported to the nearest NMFS office within 48 hours and relocation activities shall cease un- til a NOAA RC biologist is on site to supervise the remainder of relocation activities.

If any SR winter–run Chinook salmon, and CV spring–run Chinook salmon are killed during Project activi- ties the Applicant shall retain all Chinook salmon mortalities and they shall be placed in an appro- priately sized whirl–pak or zip–lock bag, labeled with the date and time of collection, fork length, location of capture, and frozen as soon as possi- ble.

Frozen samples must be retained until specif- ic instructions are provided by NMFS. 4) Instream Construction: Debris, soil, silt, exces- sive bark, rubbish, creosote–treated wood, raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other pe- troleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil or entering waters of the United States.

Any of these materials, placed within or where they may enter a stream or lake, by the applicant or any party working under con- tract, or with permission of the applicant, shall be removed immediately. During Project activities, all trash that may attract potential salmonid pred- ators will be properly contained, removed from the work site, and disposed of daily. Poured con- crete shall be excluded from the wetted channel for a period of 30 days after it is poured. During that time the poured concrete shall be kept moist, and runoff from the concrete shall not be allowed to enter a live stream.

Commercial sealants may be applied to the poured concrete surface where difficulty in excluding water flow for a long pe- riod may occur. If sealant is used, water shall be excluded from the site until the sealant is dry and fully cured according to the manufacturer’s specifications. 5) Restoration Plan: The Applicant shall provide a restoration plan to NMFS to revegetate the dis- turbed and compacted areas within the Project area within 30 days of project completion for re- view and acceptance.

Active restoration shall in- clude planting native plugs and seeds within the tidal marsh and seasonal wetlands, for a total of approximately 0.056 acres of restoration planting. If removal of vegetation is required within project access or staging areas, the disturbed areas shall be replanted with native species, and the area will be maintained and monitored for a period of five years after replanting is complete to ensure the revegetation effort is successful. The standard for success is 80 percent survival of plantings or 80 percent ground cover for broadcast plant- ing of seed, after a period of five years.

If at the end of five years, the vegetation has not success- fully been re–established, the Applicant will be responsible for replacement planting, additional watering, weeding, invasive exotic eradication, or any other practice, to achieve these requirements.

Although not a condition of the Chinook salmon PBO, CDFW requests the restoration plan also be provided to CDFW for review. 6) Onsite Restoration: P r i o r t o e a r t h m o v i n g a c- tivities, the Applicant will provide a security in the form of a Letter of Credit (LOC) to CDFW in the amount of $14,000 to conduct onsite resto- ration, including wetland planting and monitor- ing per the Chinook salmon PBO, to benefit SR winter–run Chinook salmon, and CV spring–run Chinook salmon.

MONITORING AND REPORTING MEASURES 1) The Applicants must annually submit to NMFS a report of the previous year’s restoration activities. The annual report shall include a

summary of the specific type and location of the project including, – The length of streambank (feet) stabilized or planted with riparian species. – The distance (feet) of aquatic habitat

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1396 disturbed at each project site. 2) Following construction, the Applicant will sub- mit a post–construction and implementation re- port to the NOAA RC. Submittal requirements will include plans describing post implemen- tation conditions and photo documentation of project implementation taken before, during, and after construction.

For fish relocation activities, the report will include all fisheries data collected by a qualified biologist including the number of listed Chinook salmon killed or injured during the proposed action, the number and size (in mil- limeters) of listed Chinook salmon captured and removed and any effects of the proposed action on listed Chinook salmon not previously considered. The Applicant will work with the NOAA RC to update the NOAA database used for tracking Chinook salmon killed or injured during a pro- posed action.

Although not a condition of the Chinook salmon PBO, CDFW requests a copy of the annual restoration report and the post–construction and implementation report. FINANCIAL SECURITY Pursuant to Fish and Game Code

section 2080.1, take authorization under CESA is not required for the Project for incidental take of CTS, SR winter–run Chinook salmon, and CV spring–run Chinook salm- on, provided the Applicant implements the Project as described in the CTS PBO and Chinook salmon PBO, including adherence to all measures contained there- in, and complies with the mitigation measures and oth- er conditions described in the CTS ITS and Chinook salmon ITS and accompanying PBOs.

If there are any substantive changes to the Project, including chang- es to the mitigation measures, or if USFWS or NMFS amends or replaces any ITS or accompanying PBO, the Applicant shall be required to obtain a new con- sistency determination or a CESA incidental take per- mit for the Project from CDFW . (See generally Fish & Game Code, §§ 2080.1, 2081, subdivisions (

b) and (c)). 1) Financial Assurances for CTS: Prior to any earthmoving activities, the Applicant will pur- chase 0.40 acres of CTS habitat credits. Credits will be from one or more conservation banks ap- proved by USFWS and CDFW . The Applicant will obtain written confirmation from USFWS and CDFW that the conservation bank(

s) is in good standing prior to purchasing the credits. In the event that credits are not available for purchase, partly or entirely, prior to the start of ground dis- turbing activities, credits that are available will be purchased prior to the start of ground disturb- ing activities and a performance security will be established equivalent to the amount needed to purchase the remaining credits.

The security will be held in the form of an irrevocable Letter of Credit (LOC) issued to CDFW to execute the pur- chase of the remaining needed credits based on the estimated cost of $240,000 per acre ($96,000 for 0.40 acres).

The LOC will be held by CDFW . 2) Financial Assurances for Chinook salmon: Pri- or to earthmoving activities, the Applicant will provide a security in the form of a Letter of Credit (LOC) to CDFW in the amount of $14,000 to con- duct onsite restoration, including wetland plant- ing and monitoring per the NMFS PBO AMMs, to benefit SR winter–run Chinook salmon, and CV spring–run Chinook salmon. The LOC will be held by CDFW .

CONCLUSION CDFW’s determination that the USFWS CTS ITS and accompanying CTS PBO and the NMFS Chinook salmon ITS and accompanying Chinook salmon PBO are consistent with CESA and limited to CTS, Sac- ramento River winter–run ESU Chinook salmon, and Central Valley spring–run ESU Chinook salmon. FISH AND GAME COMMISSION NOTICE OF FINDINGS BEAR LAKE BUCKWHEAT (Eriogonum microtheca var. lacus–ursi ) NOTICE IS HEREBY GIVEN that, pursuant to the provisions of

Section 2074.2 of the California Fish and Game Code (Fish and Game Code), the California Fish and Game Commission (Commission), at its October 9–10, 2024 meeting, accepted for consideration the pe- tition submitted to list Bear Lake buckwheat (Eriogo- num microtheca var. lacus–ursi ) as endangered under the California Endangered Species Act. Pursuant to subdivision (e) (2) of

Section 2074.2 of the Fish and Game Code, the Commission determined that the amount of information contained in the Cal- ifornia Department of Fish and Wildlife’s (Depart- ment) petition, the comments received, and the re- mainder of the administrative record, would lead a reasonable person to conclude there is a substantial possibility the requested listing could occur. Based on that finding and the acceptance of the pe- tition, the Commission is also providing notice that Bear Lake buckwheat is a candidate species as defined by

Section 2068 of the Fish and Game Code. Within one year of the date of publication of this no- tice of findings, the Department shall submit a writ- ten report, pursuant to

Section 2074.6 of the Fish and

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1397 Game Code, indicating whether the petitioned action is warranted. Copies of the petition and minutes of the October 9–10, 2024 Commission meeting are on file and available for public review on the Commission’s website at fgc.ca.gov. If you would prefer to view the documents at the Commission’s office, please make an appointment by phone at (916) 653–4899 or by send- ing an email to fgc@fgc.ca.gov.

Written comments or data related to the petitioned action should be directed to the California Department of Fish and Wildlife, Habitat Conservation Planning Branch, Attn: Native Plant Program Specialist, Kris- ti Lazar or email nativeplants@wildlife.ca.gov with “Bear Lake buckwheat” in the subject line. Alterna- tively, comments or data may be submitted by mail to P .O. Box 944209, Sacramento, CA 94244–2090. Sub- mission of information via email is preferred.

FISH AND GAME COMMISSION NOTICE OF FINDINGS FOR LIME RIDGE ERIASTRUM (Eriastrum ertterae) SEPTEMBER 18, 2024 NOTICE IS HEREBY GIVEN that the California Fish and Game Commission (Commission), at a meet- ing on October 11–12, 2023, found pursuant to Cali- fornia Fish and Game Code

Section 2075.5, that the information contained in the petition to list the spe- cies Lime Ridge eriastrum (Eriastrum ertterae ) and other information in the record before the Commis- sion, warrants adding Lime Ridge eriastrum to the list of endangered species under the California Endan- gered Species Act (CESA; Fish and Game Code, Sec- tion 2050 et seq.). (See also California Code of Regu- lations, Title 14,

Section 670.1, subsection (i)) NOTICE IS ALSO GIVEN that, at its October 9–10, 2024, meeting, the Commission adopted the find- ings herein outlining the reasons for its determination. I. Background and Procedural History Petition History On July 6, 2021, Christopher McCarron submitted a petition to the Commission to list Lime Ridge eri- astrum as endangered under CESA. The Commission reviewed the petition for completeness, and pursuant to

Section 2073 of the California Fish and Game Code, referred the petition to the California Department of Fish and Wildlife (Department) on July 15, 2021 for evaluation. The Commission gave public notice of receipt of the petition on August 6, 2021 (California Regulatory Notice Register 2021, Number 32–Z, page 1022). The Department transmitted to the Commis- sion the Department’s petition evaluation on Novem- ber 10, 2021 and, on December 15, 2021, the Commis- sion publicly received the Department’s petition eval- uation as part of its meeting materials.

At its February 16–17, 2022 meeting, the Commis- sion determined that listing may be warranted, and subsequently provided notice regarding the Lime Ridge eriastrum’s status as a candidate species (Cali- fornia Regulatory Notice Register 2022, Number 9–Z, page 237). Status Review Overview The Commission’s action, designating Lime Ridge eriastrum as a candidate species, triggered the De- partment’s process for conducting a status review to inform the Commission’s decision on whether to list the species.

On June 28, 2023, the Department transmitted to the Commission the Department’s report to the Com - mission, Status Review of Lime Ridge eriastrum (Eri - astrum ertterae) Report to the Fish and Game Com - mission, dated August 2023. The Commission pub- licly identified receipt of the Department’s status re- view report as part of the Commission’s August 22– 23, 2023 meeting materials.

On October 11, 2023, the Commission found that the information contained in the petition to list Lime Ridge eriastrum and other in- formation in the record before the Commission war- ranted listing Lime Ridge eriastrum as an endangered species under CESA. Species Description Lime Ridge eriastrum is an inconspicuous slender annual herb in the phlox family. Lime Ridge eriastrum typically grows between 1.5 and 20 cm (0.6–7.9 in) tall, but sometimes grows as tall as 25 cm (9.8 in).

The stems and leaves of Lime Ridge eriastrum are light green with a surface of soft woolly hairs, but the stems can become reddish–brown with age as the hairs wear away. The leaves often have a reddish tip. The range of Lime Ridge eriastrum is very small. It is only found within Lime Ridge Open Space, which is a 496–ha (1,226–acre) park within the City of Walnut Creek in Contra Costa County, California. Lime Ridge erias- trum’s distribution consists of five small groupings of plants (colonies) within Lime Ridge Open Space.

The combined area of these colonies is approximately 47 m2 (500 ft2), which is an area that is smaller than four average vehicle parking spaces. II. Statutory and Legal Framework The Commission, as established by the California State Constitution, has exclusive statutory authority under California law to designate endangered, threat- ened, and candidate species under CESA (California Constitution,

Article IV ,

Section 20, subdivision (b); Fish and Game Code

Section 2070). The CESA list- ing process for this species began in the present case with a petition submitted to the Commission. The reg- ulatory and legal process that ensued is described in

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1398 some detail in the preceding section, along with re- lated references to the Fish and Game Code and con- trolling regulations. The CESA listing process gener - ally is also described in some detail in published ap- pellate case law in California, including: ● Natural Resources Defense Council v. Califor- nia Fish and Game Commission (1994) 28 Cal. App.4th 1104; ● Mountain Lion Foundation v. California Fish and Game Commission (1997) 16 Cal.4th 105; ● California Forestry Association v.

California Fish and Game Commission (2007) 156 Cal.App.4th 1535; ● Center for Biological Diversity v. California Fish and Game Commission (2008) 166 Cal.App.4th 597; ● Central Coast Forest Association v. California Fish and Game Commission (2017) 2 Cal.5th 594; ● Central Coast Forest Association v. Califor- nia Fish and Game Commission (2018) 18 Cal. App.5th 1191; and ● Almond Alliance of California v. California Fish and Game Commission (2022) 79 Cal.App.5th 337. The “is warranted” determination stems from Com- mission obligations established by Fish and Game Code

Section 2075.5. Under the provision, the Com- mission is required to make one of two findings for a candidate species at the end of the CESA listing pro- cess; namely, whether listing a species is warranted or is not warranted. Here, the Commission made the finding under

Section 2075.5, subdivision (e) (2) that listing is warranted. The Commission was guided in making its determi- nations by statutory provisions and other controlling law. The Fish and Game Code, for example, defines an endangered species under CESA as “a native spe- cies or subspecies of a bird, mammal, fish, amphibi- an, reptile or plant which is in serious danger of be- coming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, preda- tion, competition, or disease” (Section 2062).

Similar- ly, the Fish and Game Code defines a threatened spe- cies under CESA as “a native species or subspecies of a bird, mammal, fish, amphibian, reptile or plant that, although not presently threatened with extinction, is likely to become an endangered species in the foresee- able future in the absence of the special protection and management efforts required by this chapter” (Section 2067). The Commission also considered California Code of Regulations, Title 14,

Section 670.1, subsection (i) (1) (A), in making its determination. The provision provides, in pertinent part, that the Commission will list the species or subspecies as endangered or threat- ened under CESA if the Commission determines that its continued existence is in serious danger or is threat- ened by any one or any combination of six factors: 1. Present or threatened modification or destruction of its habitat, 2. overexploitation, 3. predation, 4. competition, 5. disease, or 6. other natural occurrences or human–related activities. Fish and Game Code

Section 2070 provides similar guidance, providing that the Commission shall add or remove species from the list of endangered and threat- ened species under CESA only upon receipt of suffi- cient scientific information that the action is warrant- ed. Similarly, CESA provides that it is the policy of the state, not specific to the Commission per se, that all state agencies, boards, and commissions shall seek to conserve endangered and threatened species and shall utilize their authority in furtherance of the purposes of CESA (Fish and Game Code

Section 2055). The stat- utory guidance does not compel a particular determi- nation by the Commission in the CESA listing con- text. Nevertheless, “ ‘[l]aws providing for the conser- vation of natural resources’ such as the CESA are of great remedial and public importance and thus should be construed liberally.” (California Forestry Associ - ation v. California Fish and Game Commission, su - pra, 156 Cal.App.4th at pages 1545–1546, citing San Bernardino Valley Audubon Society v.

City of Moreno Valley (1996) 44 Cal.App.4th 593, 601; Fish and Game Code sections 2051 and 2052.) Finally, in considering the six identified factors, CESA and controlling regulations require the Com- mission to actively seek and consider related input from the public and any interested party (see, e.g., Fish and Game Code, sections 2071, 2074.4 and 2078; Cal- ifornia Code of Regulations, Title 14,

Section 670.1, subsection (h)). The related notice obligations and public hearing opportunities before the Commission are also considerable (Fish and Game Code sections 2073.3, 2074, 2074.2, 2075, 2075.5 and 2078; Califor- nia Code of Regulations, Title 14,

Section 670.1, sub-

section (c), (e), (

g) and (i); see also California Govern- ment Code

Section 11120 et seq.). The referenced obli- gations are in addition to the requirements prescribed for the Department in the CESA listing process, in- cluding an initial evaluation of the petition, a related recommendation regarding candidacy, and a review of the candidate species’ status, culminating with a re- port and recommendation to the Commission as to whether listing is warranted based on the best avail- able science (Fish and Game Code sections 2073.4,

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1399 2073.5, 2074.4 and 2074.6; California Code of Regu- lations, Title 14,

Section 670.1, subsections (d), (

f) and (h)). III.

Factual and Scientific Bases for the Commission’s Final Determination The factual and scientific bases for the Commission’s determination that designating Lime Ridge eriastrum as an endangered species under CESA is warranted are set forth in detail in the Commission’s record of proceedings, including the petition; the Department’s petition evaluation report; the Department’s status re- view report; written and oral comments received from members of the public, the regulated community, trib- al entities, and the scientific community; and other ev- idence included in the Commission’s record of pro- ceedings, which is incorporated herein by reference.

The Commission determines that the continued ex- istence of Lime Ridge eriastrum in the state of Cali- fornia is in serious danger or threatened by one or a combination of six factors as required by California Code of Regulations, Title 14,

Section 670.1, subsec- tion (i) (1) (A): 1. Present or threatened modification or destruction of its habitat, 2. overexploitation, 3. predation, 4. competition, 5. disease, or 6. other natural occurrences or human–related activities. The Commission also determines that the informa- tion in the Commission’s record constitutes the best scientific information available and establishes that designating Lime Ridge eriastrum as an endangered species under CESA is warranted.

Similarly, the Com- mission determines that Lime Ridge eriastrum is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease. The items highlighted here and detailed in the fol- lowing threats

section represent only a portion of the complex issues aired and considered by the Commis- sion during the CESA listing process for Lime Ridge eriastrum. Similarly, the issues addressed in these findings represent some, but not all, of the evidence, issues, and considerations affecting the Commission’s final determination. Other issues aired before and con- sidered by the Commission are addressed in detail in the record before the Commission. Background The Commission bases its “is warranted” finding for Lime Ridge eriastrum most fundamentally on its rarity.

Lime Ridge eriastrum’s small range and low abundance is a significant factor influencing the abili- ty of the species to survive and reproduce.

Threats Lime Ridge eriastrum is endangered due to: ● Present or threatened modification or destruction of its habitat (see, e.g., Department’s status review report at page 32 and references cited therein) in- cluding impacts associated with the following: – Recreational use of the public land where Lime Ridge eriastrum occurs (see, e.g., Department’s status review report at pages 21–23, 32, and 34, and references cited therein); – Wildfire response activities (see, e.g., Department’s status review report at pages 23, 32, and 34, and references cited therein); and – Utility right–of–way management (see, e.g., Department’s status review report at pages 23–24, 32, and 34, and references cited therein). ● Competition and other impacts from invasive and non–native plants (see, e.g., Department’s status review report at page 24–26, 32 and 34, and refer- ences cited therein). ● Other natural occurrences or human–related ac- tivities.

In particular, natural occurrences or hu- man–related activities of significance include: – Small population size (see, e.g., Department’s status review report at pages 20–21 and 34, and references cited therein); and – Climate change (see, e.g., Department’s status review report at pages 26–28,32, and 34, and references cited therein). The Commission finds these factors to result in a significant threat to the continued existence of Lime Ridge eriastrum as explained in the Department’s sta- tus review report.

This finding and the Department’s explanation are supported by the whole of the record before the Commission. IV.

Final Determination by the Commission The Commission has weighed and evaluated the in- formation for and against designating Lime Ridge eri- astrum as a threatened or endangered species under CESA, including scientific and other general evidence in the petition; the Department’s petition evaluation report; the Department’s status review report; the De- partment’s related recommendations; written and oral comments received from members of the public, the regulated community, various public agencies, and the scientific community; and other evidence included in the Commission’s record of proceedings.

Based upon the evidence in the record, the Com- mission has determined that the best scientific infor-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1400 mation available indicates the continued existence of Lime Ridge eriastrum is in serious danger or threat- ened by modification or destruction of the species’ habitat, competition, or other natural occurrences or human–related activities, where such factors are con- sidered individually or in combination (see, general- ly, California Code of Regulations, Title 14,

Section 670.1, subsection (i) (1) (A); Fish and Game Code sec- tions 2062 and 2067). The Commission determines that there is sufficient scientific information to indicate that designating Lime Ridge eriastrum as an endangered species under CESA is warranted, and that, with adoption and pub- lication of these findings, Lime Ridge eriastrum shall be listed as endangered for purposes of its legal status under CESA. FISH AND GAME COMMISSION NOTICE OF FINDINGS WESTERN BURROWING OWL (Athene cunicularia hypugaea) NOTICE IS HEREBY GIVEN that, pursuant to the provisions of

Section 2074.2 of the California Fish and Game Code (Fish and Game Code), the Califor- nia Fish and Game Commission (Commission), at its October 9–10, 2024 meeting, accepted for consider- ation the petition submitted to list western burrowing owl (Athene cunicularia hypugaea ) as threatened or endangered under the California Endangered Species Act. Pursuant to subdivision (e) (2) of

Section 2074.2 of the Fish and Game Code, the Commission determined that the amount of information contained in the peti- tion, when considered in light of the California De- partment of Fish and Wildlife (Department) written evaluation report, the comments received, and the re- mainder of the administrative record, would lead a reasonable person to conclude there is a substantial possibility the requested listing could occur. Based on its determination and acceptance of the petition, the Commission is also providing notice that western burrowing owl is a candidate species as de- fined by

Section 2068 of the Fish and Game Code. Within one year of the date of publication of this no- tice of findings, the Department shall submit a writ- ten report, pursuant to

Section 2074.6 of the Fish and Game Code, indicating whether the petitioned action is warranted. Copies of the petition and minutes of the October 9–10, 2024 Commission meeting are on file and available for public review on the Commission’s website at fgc.ca.gov. If you would prefer to view the documents at the Commission’s office, please make an appointment by phone at (916) 653–4899 or by send- ing an email to fgc@fgc.ca.gov.

Written comments or data related to the petitioned action should be directed to the California Department of Fish and Wildlife, Wildlife Diversity Program, Attn: Endangered Species Listing Coordinator, Anne Hil- born via email at wildlifemgt@wildlife.ca.gov with “western burrowing owl” in the subject line. Alterna- tively, comments or data may be submitted by mail to P .O. Box 944209, Sacramento, CA 94244–2090. Sub- mitting information via email is preferred.

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH THE SECRETARY OF STATE This

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in- dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. Department of Corrections and Rehabilitation File # 2024–0924–02 Sex Offender Treatment This rulemaking action adopts

Section 3574 into California Code of Regulations, Title 15 (CCR 3574). Pursuant to Penal Code (PC)

Section 3008(d), sex of- fender supervised persons must participate in a sex of- fender treatment program for no less than one year, up to the entire period of parole. CCR 3574 defines the various phases of the sex offender treatment program and establishes a review process which facilitates the completion or continuation of that treatment.

Title 15 Adopt: 3574 Filed 10/14/2024 Effective 10/14/2024 Agency Contact: Dmitriy Kostyuk (916) 445–2276 California State University File # 2024–0905–01 Doctoral Programs This action by the Board of Trustees of the Califor- nia State University adopts, amends, and repeals reg- ulations regarding doctoral programs. This action is exempt from the Administrative Procedure Act and takes effect upon filing with the Secretary of State pur-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1401 suant to Education Code sections 89030 and 89030.1, respectively, and is submitted to the Office of Ad- ministrative Law for courtesy filing with the Secre- tary of State and for printing in the California Code of Regulations Title 05 Adopt: 40511, 40512, 41020, 41021, 41022, 41023 Amend: 40050, 40100 Repeal: 40050.1, 40050.2, 40050.3, 40050.4, 40050.5, 40511, 40512, 40512, 40514, 40515, 40516, 40517, 40518, 40519, 40519.1, 40519.2, 40519.3, 41020, 41021, 41022, 41023, 41024, 40125 Filed 10/10/2024 Effective 10/10/2024 Agency Contact: Jason Taylor (562) 951–4500 Department of Insurance File # 2024–0924–03 California Automobile Assigned Risk Plan Simplified Rules and Rates Manual This rulemaking action by the Department of In- surance amends

section 2498.5 of Title 10 of the Cali- fornia Code of Regulations and amends Rules 50 and 56 of the “California Automobile Assigned Risk Plan Manual” which is incorporated by reference thereto. This action is exempt from the Administrative Proce- dure Act pursuant to Insurance Code

section 11620(c). Title 10 Amend: 2498.5 Filed 10/10/2024 Effective 10/10/2024 Agency Contact: Michael Riordan (415) 538–4226 Bureau of Real Estate Appraisers File # 2024–1001–03 Bureau Address Change This action without regulatory effect amends the re- vision date of “ A Manual of Disciplinary Guidelines and Model Disciplinary Orders” which is incorpo- rated by reference within Title 10

section 3733 of the California Code of Regulations to correspond to the date of the most recent amendments to the document. This action further amends said document by updat- ing the Bureau’s current physical address, removing gendered pronouns, updating the document’s revision date throughout, and correcting minor grammar and formatting. Title 10 Amend: 3733 Filed 10/10/2024 Agency Contact: Shelley Ganaway (916) 574–8222 California Department of Tax and Fee Administration File # 2024–0827–01 Permits This action without regulatory effect by the Cali- fornia Department of Tax and Fee Administration (“Department”) amends

section 1699 and 1699 ap- pendix A of title 18 of the California Code of Reg- ulations (“CCR”). Specifically, this action amends a category of persons, “qualified purchasers,” who are required to register with the Department and pay an annual use tax in response to amendments to Reve- nue and Taxation Code (“RTC”)

section 6225 made by Assembly Bill 1097 (Stats. 1097,

chapter 355) (“AB 1097”); amends existing references to the Board of Equalization(“BOE”) to now reflect the Department, consistent with Government Code (“GC”) sections 15570.22 and 15570.24; and replaces gendered pro- nouns with gender neutral terms. Title 18 Amend: 1699, 1699 Appendix A Filed 10/09/2024 Agency Contact: Kim DeArte (916) 309–5227 Department of Corrections and Rehabilitation File # 2024–0917–02 Non–Substantive Changes — Community Based Programs This rulemaking action makes non–substantive changes to sections 3078.3; 3078.4; 3078.8; 3078.9; 2078.10; 3078.11; 3078.12; and 3078.12.

Specifically, the changes would update proper terminology, and re- flect the current revision dates for forms incorporated by reference within those sections. Title 15 Amend: 3078.3, 3078.4, 3078.7, 3078.8, 3078.9, 3078.10, 3078.11, 3078.12, 3078.13 Filed 10/16/2024 Agency Contact: Alison Colavita (916) 322–8344 Department of Fish and Wildlife File # 2024–0930–01 Fees for Lake and Streambed Alteration Agreements As changes without regulatory effect, the De- partment of Fish and Wildlife (the “Department”) is amending fees for lake and streambed alteration agreements.

Annual changes to the fees are required by Fish & Game Code § 1609 by applying the index to determine an increase or decrease in the fees as speci- fied in Fish & Game Code § 713. The amended fees will become effective on January 1, 2025.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 43–Z 1402 Title 14 Amend: 699.5 Filed 10/16/2024 Agency Contact: Angela Baker (916) 207–6718 Division of Workers’ Compensation File # 2024–0903–02 The Qualified Medical Evaluator Panel Selection In- struction Form In this change without regulatory effect, the Divi- sion amends its regulation to update the phone num- ber listed for the Division of Workers’ Compensation Information and Assistance Unit.

Title 08 Amend: 108 Filed 10/09/2024 Agency Contact: Maureen Gray (510) 286–0676 Board of Behavioral Sciences File # 2024–0829–02 Unprofessional Conduct In this rulemaking action, the Board of Behavior- al Sciences (BBS) repeals regulations which duplicate newly adopted statutory requirements, adds language which accounts for the requirements of the Confiden- tiality of Medical Information Act, amends language to be gender neutral, and makes changes to the syntax of existing regulatory requirements.

Title 16 Amend: 1845, 1858, 1881, 1886.30 and 1886.40 Filed 10/09/2024 Effective 01/01/2025 Agency Contact: Christy Berger (916) 574–7995 Board of Optometry File # 2024–0827–04 Mobile Optometric Office Program This regular rulemaking action by the California State Board of Optometry establishes registration fees, registration procedures, and operational stan- dards pertaining to mobile optometric offices.

Title 16 Adopt: 1583, 1584, 1584.5, 1585, 1586, 1587 Amend: 1505, 1524 Filed 10/09/2024 Effective 10/09/2024 Agency Contact: Gregory Pruden (916) 574–7808 Cemetery and Funeral Bureau File # 2024–0905–02 Crematory: Change in Ownership This rulemaking action by the Cemetery and Funer- al Bureau amends regulations relating to the applica- tions for and assignment of a crematory license.

Title 16 Adopt: 2326.01 Amend: 2326 Filed 10/16/2024 Effective 01/01/2025 Agency Contact: Carolina Sammons (916) 574–7876 Department of Financial Protection and Innovation File # 2024–0829–01 California Consumer Financial Protection Law Regulation In this resubmitted rulemaking action, the Depart- ment adopts regulations to establish registration fees and registration requirements for persons engaged in the business of offering to provide or providing con- sumer financial products or services, such as debt set- tlement, student debt relief, education financing, and income–based advances.

The regulations also provide exemptions to the registration requirement. The adop- tions further set forth annual reporting requirements and procedures for the revocation of a registration.

Title 10 Adopt: 1000, 1001, 1002, 1003, 1004, 1010, 1011, 1012, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1030, 1031, 1032, 1033, 1034, 1040, 1041, 1042, 1043, 1044, 1045, 1048, 1050, 1051, 1052, 1053, 1430.1, 1461, 1462.5, 1465, 1466, 1467, 2030.5, 2044.1 Filed 10/11/2024 Effective 02/15/2025 Agency Contact: DeEtte Phelps (916) 477–9095 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quar- ter.

For additional information on actions taken by OAL, please visit oal.ca.gov.