Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 34–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW AUGUST 23, 2024 PROPOSED ACTION ON REGULATIONS TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Melon Fruit Fly Interior Quarantine and Bactrocera Albistrigata Interior Quarantine — Notice File Number Z2024–0812–01. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1073 TITLE 11.

DEPARTMENT OF JUSTICE Ammunition Purchase Fee — Notice File Number Z2024–0808–01 ....................................... 1075 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Incarcerated Persons Access to Showers — Notice File Number Z2024–0808–03 ............................ 1078 TITLE 16. BOARD OF PHARMACY Pharmacy Technician Certification Programs — Notice File Number Z2024–0813–03 ........................ 1080 TITLE 24.

CALIFORNIA BUILDING STANDARDS COMMISSION/VETERINARY MEDICAL BOARD Veterinary Medical Board Regarding the 2025 California Building Code (DCA 01/24) — Notice File Number Z2024–0809–01. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1083 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act Inconsistency Determination Number 2080–2024–014–06, Upper Santa Ana River Wash Conservation Plan, San Bernardino County .................................. 1086 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request For Butano Creek Habitat Enhancement at Camp Butano (Tracking Number: 1653–2024–143–001–R3), San Mateo County ........................................ 1091 (Continued on next page)

DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request For Willow Creek Stage 0 Low Tech Habitat Enhancement (Tracking Number: 1653–2024–145–001–R3), Sonoma County ........................................... 1091

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1092 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $338.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1073 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

SECTION 3425. MELON FRUIT FLY INTERIOR QUARANTINE

SECTION 3436. BACTROCERA ALBISTRIGATA INTERIOR QUARANTINE The Department of Food and Agriculture (Department) proposes to amend Title 3 of the California Code of Regulations (CCR) 3425 Melon Fruit Fly Interior Quarantine and 3436 Bactrocera al - bistrigata Interior Quarantine. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email. The writ - ten comment period closes on October 7, 2024. The Department will consider only comments received at the Department offices by that date or postmarked no later than October 7, 2024.

Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 (916) 403–6650 Permits@cdfa.ca.gov Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Rachel Avila at (916) 698– 2947 or rachel.avila@cdfa.ca.gov. AUTHORITY The Department proposes to amend Sections 3425 and 3436 pursuant to the authority vested by Sections 407, 5301, 5302, and 5322 of the Food and Agricultural Code (FAC).

REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 5301, 5302, and 5322 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The proposed regulations will establish additional details and criteria as to when and under what circum- stances a quarantine designation would be triggered for the Melon Fruit Fly ( Bactrocera cucurbitae ) and White Striped Fruit Fly ( Bactrocera albistrigata), as well as define the quarantine areas and the duration of the quarantine.

The proposed regulations will also establish an appeal process for the quarantine desig - nation area. EXISTING LAWS AND REGULATIONS Existing law, FAC

Section 401.5, states that the de- partment shall seek to protect the general welfare and economy of the state and seek to maintain the eco - nomic well–being of agriculturally dependent rural communities in this state. Existing law, FAC

Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code that the Secretary is directed or authorized to admin - ister or enforce. Existing law, FAC

Section 5301, provides that the Secretary may establish, maintain, and enforce such quarantine regulations as they deem necessary to pro - tect the agricultural industry of this state from pests. The regulations may establish a quarantine at the boundaries of this state or elsewhere within the state. Existing law, FAC

Section 5302, provides that the Secretary may make and enforce such regulations as they deem necessary to prevent any plant or thing which is, or is liable to be, infested or infected by, or which might act as a carrier of, any pest, from passing over any quarantine line which is established and pro- claimed pursuant to this division.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1074 Existing law, FAC

Section 5322, provides that the Secretary may establish, maintain, and enforce quar - antine, eradication, and such other regulations as are in their opinion necessary to circumscribe and exter - minate or prevent the spread of any pest that is de - scribed in FAC

Section 5321. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT The implementation of these regulations will help prevent potential issues when future pest finds occur within a quarantine area.

The Department following USDA guidelines will help prevent the spread of pests within California, which will prevent: ● direct damage to the agricultural industry grow - ing host fruits ● indirect damage to the agricultural industry growing host fruits due to the implementation of quarantines by other countries and loss of export markets ● increased production costs to the affected agricul- tural industries ● increased pesticide use by the affected agricultur- al industries ● increased costs to the consumers of host fruits ● increased pesticide use by homeowners and others There are no existing, comparable federal regula - tions or statutes.

There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code

Section 11346.5(a) (3) (D), the Department has conducted an evaluation of Sections 3425 and 3436 and has deter - mined that they are not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the California Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district requiring reimbursement pursuant to Gov. Code

sec. 17500 et seq. (Gov. Code

sec. 11346.5(a) (6).): None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the State: None. Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative person or business would neces - sarily incur in reasonable compliance with the pro - posed action.

Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential. The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None.

Small business determination: The proposed action will not affect small business because this action only provides authority for state quarantine activities and does not require reporting, recordkeeping, or compli - ance by businesses.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the Sections 3425 and 3436 amendment (1) will have no significant impact on the creation or elimination of jobs in the state of California, (2) will have no impact on the cre- ation or elimination of businesses within the state of California, (3) will have no impact on the expansion of businesses within the state of California, (4) is ex - pected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environ- ment, and (6) is not expected to harm or benefit work- ers’ safety.

The health and welfare of California residents: The proposed action will benefit the health and welfare of California residents as taking the correct action when a pest is found lowers the risk that the pests could spread into the local environment via the surround - ing non–agricultural ecosystems. Infestations lead to increased costs to the consumers of host materials and increased pesticide usage.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1075 The state’s environment: The proposed action will benefit the environment as taking the correct action when a pest is found lowers the risk that the pests could spread into the local environment via the sur - rounding non–agricultural ecosystems.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to pres - ent alternatives during the written comment period.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail - able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request.

The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 11. DEPARTMENT OF JUSTICE DIVISION 5. FIREARMS REGULATIONS

CHAPTER 10. AMMUNITION The Department of Justice (Department) proposes to amend sections 4282 and 4285 of title 11, division 5,

chapter 10 of the California Code of Regulations concerning the ammunition purchase fee. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed regulatory action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested per - son, or their authorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action.

The written comment period closes on October 8, 2024, at 5:00 p.m. Only written comments received by that time will be con - sidered. Please submit written comments to: Q. Farris Department of Justice P.O. Box 160487 Sacramento, CA 95816 (916) 210–2377 bofregulations@doj.ca.gov NOTE: Written and oral comments, attachments, and associated contact information (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority: Sections 30352 and 30370, Penal Code. Reference: Sections 26710, 28180, 30352 and 30370, Penal Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1076 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: Prior to the passage of Proposition 63 of 2016 (The Safety for All Act) and Senate Bill Number 1235 (SB 1235) (Regular Session 2015–2016), the sale or trans- fer of ammunition was not regulated in California. Although Penal Code

section 30305 prohibited an individual from owning or possessing ammunition if they were prohibited from owning or possessing a fire- arm, the Department had no mechanism to regulate the sale of ammunition. Proposition 63 and SB 1235 authorized the Department to complete an ammunition eligibility check or to verify that an individual’s Certificate of Eligibility (COE) is valid when the individual pur - chases or transfers ammunition from or through an ammunition vendor.

The Department is authorized to write regulations to interpret and make specific certain Penal Code sections regulating the sale and transfer of ammu- nition. (Pen. Code, §§ 3 0352, 30370.) On June 24, 2019, the Office of Administrative Law approved the Department’s regulations regarding ammunition pur - chases or transfers and filed them with the Secretary of State. (OAL File Number 2019–0517–07.) These regulations created a process for the Department to make a determination to either approve or reject an ammunition purchase or transfer. As authorized by Penal Code

section 30370, subdi - vision (e), the regulations also established a $1.00 fee for a Standard Ammunition Eligibility Check (SAEC) and $1.00 fee for a COE Verification check. This fee has not been sufficient to cover the Department’s oper- ating costs for the ammunition authorization program. Effective January 1, 2024, the Department may raise the fee for a SAEC and COE Verification check to cover the reasonable regulatory and enforcement costs for operating the ammunition authorization program. (Pen.

Code, § 30370, subdivision (e).) Effect of the Proposed Rulemaking: The proposed regulation raises the fee for a SAEC and COE Verification check from $1.00 to $5.00. Anticipated Benefits of the Proposed Regulations: An ammunition purchase or transfer completed in the state of California must be conducted through a licensed ammunition vendor unless otherwise ex - empted. 1 Prior to the sale or transfer, an ammunition vendor will initiate an eligibility check to ensure the purchaser or transferee is not prohibited from possess- ing ammunition.

The Department’s regulations benefit public safety by creating a process which will ensure 1 A licensed firearms dealer is automatically deemed a licensed ammunition vendor. (Penal Code, § 30385, subdivision (d).) an individual prohibited by state law from possessing ammunition will be unable to purchase or transfer ammunition. Raising the fee for a SAEC and COE Verification check from $1.00 to $5.00 will help cover the Department’s reasonable regulatory and enforcement costs for operating the ammunition authorization program.

Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to these proposed regulations. Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department has determined that these proposed regulations are not inconsistent or incompatible with existing State regulations. After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern the fee for a SAEC and COE Verification check. Forms Incorporated by Reference: None.

Other Statutory Requirements: None. DISCLOSURES REGARDING THE PROPOSED ACTION The Department’s Initial Determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: The Department estimates that raising the fees will increase the Department’s annual fee revenue by $4,704,080.00 per year. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Cost impacts on representative person or business: The cost to an individual depends on the number of ammunition purchases the person makes in a year. If an individual elects to purchase all their ammunition for the entire year at once, their annual cost will in - crease from $1.00 to $5.00. Significant effect on housing costs: None.

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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1077 Firearms dealers and ammunition vendors are al - ready charging the $1.00 COE Verification fee (Cal. Code Regs., title 11, § 4285) and the $1.00 SAEC fee (Cal. Code Regs., title, § 4282). Increasing the fee to $5.00 does not impose any additional costs on these businesses.

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

(1) The proposal would benefit the health and welfare of California residents because they help fund the process that ensures an individual prohibited by state law to possess ammunition will be unable to purchase or transfer ammunition.

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

(3) The proposal would not benefit the state’s envi - ronment because it does not change any applica - ble environmental standards. Business report requirement: None. Small business determination: The Department has determined that this proposed action does not affect small businesses. Although the majority of ammuni - tion vendors are small businesses, raising the fee they collect from individual purchasers and transferers of ammunition does not impose any additional costs on these businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Department must determine that no reasonable alternative considered by the Department or that has otherwise been iden - tified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed or would be as ef - fective and less burdensome to affected private per - sons than the proposed action or would be more cost– effective to affected private persons and equally ef - fective in implementing the statutory policy or other provision of law.

Raising the ammunition fees to $5.00 is necessary to help cover the Department’s reasonable regulatory and enforcement costs for operating the ammunition authorization program. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Q. Farris Department of Justice P.O. Box 160487 Sacramento, CA 95816 (916) 210–2372 bofregulations@doj.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person.

In the event the contact person is unavailable, inquiries regarding the pro - posed action may be directed to the following backup contact person: G. Mac Department of Justice P.O. Box 160487 Sacramento, CA 95816 (916) 210–2322 bofregulations@doj.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying through - out the rulemaking process upon request to the contact person above.

As of the date this Notice of Proposed Rulemaking (Notice) is published in the Notice Register, the rulemaking file consists of this Notice, the Text of Proposed Regulations (the “ex - press terms” of the regulations), the Initial Statement of Reasons, and any information upon which the pro - posed rulemaking is based. The text of this Notice, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemak - ing is based are available on the Department’s website at https://oag.ca.gov/firearms/regs.

Please refer to the contact information listed above to obtain copies of these documents. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the Department analyzes all timely and rel - evant comments received during the 45–day public comment period, the Department will either adopt these regulations substantially as described in this notice or make modifications based on the comments. If the Department makes modifications, which are sufficiently related to the originally–proposed text, it

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1078 will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as re - vised. Please send requests for copies of any modified regulations to the attention of the name and address indicated above. The Department will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Department’s web- site at https://oag.ca.gov/firearms/regs. Please refer to the contact information included above to obtain a written copy of the Final Statement of Reasons. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based are available on the Department’s website at https://oag.ca.gov/firearms/regs. TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabilitation (CDCR or the Department), proposes to amend sections 3331 and 3348 of Title 15, Division 3,

Chapter 1, regarding incarcerated person’s access to showers. PUBLIC HEARING Date and Time: October 14, 2024 — 10:00 a.m. to 11:00 a.m. Place: Department of Corrections and Rehabilitation Room 113 9272 Laguna Springs Dr. — Building G–1 Elk Grove, CA 95758 Purpose: To receive comments about this action. PUBLIC COMMENT PERIOD The public comment period begins August 23, 2024 and closes on October 11, 2024. Any person may sub- mit written comments by mail addressed to the prima- ry contact person listed below, or by email to rpmb@ cdcr.ca.gov, before the close of the comment period.

For questions regarding the subject matter of the reg - ulations, call the program contact person listed below. CONTACT PERSONS Primary Contact Josh Jugum Telephone: (279) 223–2317 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Su n Telephone: (279) 223–2316 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact Melanie Bruns Telephone: (279) 223–3537 Division of Adult Institutions AUTHORITY AND REFERENCE Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, respon - sibilities, obligations, liabilities, and jurisdiction of abolished predecessor entities, such as Department of Corrections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that com- mencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC

Section 5050 pro- vides that commencing July 1, 2005, any reference to the Director of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, cus - tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

Section 5055 provides that com - mencing July 1, 2005, all powers and duties previ - ously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC

Section 5058 authorizes the Director

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1079 to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of persons. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Penal Code 2084.3, which took effect on October 8, 2023 as a result of the passage of Assembly Bill 353, established that incarcerated persons shall be permit - ted to shower at least every other day. This rulemaking action will implement the requirements of this statute.

This action will: ● Establish that incarcerated persons shall be permitted to shower at least every other day. Previously, incarcerated persons were permitted to shower at least three days per week. SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The department anticipates the proposed regulations will improve the health and wellbeing of incarcerated persons by allowing them to keep themselves clean. DOCUMENTS INCORPORATED BY REFERENCE None.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code 11346.5(a) (3) (D), the department has determined the proposed regulations are not inconsistent or incompatible with existing reg- ulations. After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations that concern access to showers for incarcerated persons.

LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim - bursement of costs or savings pursuant to Government Code Sections 17500–17630. FISCAL IMPACT STATEMENT ● Cost or savings to any state agency: None. ● Cost to any local agency or school district that is required to be reimbursed: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None.

EFFECT ON HOUSING COSTS The department has made an initial determination that the proposed action will have no significant effect on housing costs. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has made an initial determination that the proposed regulations will not have a signifi - cant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states, because the proposed regulations place no obligations or requirements on any business. EFFECT ON SMALL BUSINESSES The department has determined that the proposed regulations will not affect small businesses.

This ac - tion has no significant adverse economic impact on small business because they place no obligations or requirements on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The department has determined that the proposed regulations will have no effect on the creation of new, or the elimination of existing, jobs or business - es within California, or effect the expansion of busi - nesses currently doing business in California. The department has determined that the proposed regula - tion will have no effect on the state’s environment or worker safety, or the welfare of California residents.

The proposed regulations may benefit the health and welfare of incarcerated persons by allowing them to keep themselves clean, which may promote health and wellbeing. CONSIDERATION OF ALTERNATIVES The department must determine that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1080 of the department would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law. Interested persons are invit- ed to present statements or arguments with respect to any alternatives to the changes proposed at the sched - uled hearing or during the written comment period.

AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations. The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact per- son. The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the depart- ment’s website: www.cdcr.ca.gov.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final Statement of Reasons may be obtained from the de - partment’s contact person. AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations substantially as described in this Notice.

If the department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the department adopts, amends or repeals the regulations as revised. Requests for copies of any modified reg - ulation text should be directed to the contact person indicated in this Notice. The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 16.

BOARD OF PHARMACY PHARMACY TECHNICIAN CERTIFICATION PROGRAMS NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (Board) proposes taking the rulemaking action described below under the head - ing Informative Digest/Policy Statement Overview. Any person interested may present statements or ar - guments, relevant to the action proposed, in writing. Written comments, including those sent by mail, fac - simile, or email to the addresses listed under Contact Persons in this Notice, must be received by the Board at its office by October 7, 2024.

PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or that person’s authorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Persons” in this notice.

The Board may, after holding a hearing if request - ed and considering all timely and relevant comments, adopt the proposed regulations substantially as de - scribed in this notice, or may modify the proposed regulations if such modifications are sufficiently relat- ed to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adop- tion from the persons designated in this Notice as the Contact Persons and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. Authority and Reference : Pursuant to the author - ity vested by Business and Professions Code (BPC) sections 4005 and 4202, the Board proposes amend - ing

section 1793.65 of Division 17 of Title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is a state agency vested with the author - ity to regulate the pharmacy industry, including phar - macies, pharmacists, and pharmacy technicians (BPC

section 4000, et seq.). The Board’s mandate and mis - sion are to protect the public (BPC

section 4001.1). Existing law at BPC

section 4202 establishes the requirements for obtaining a pharmacy technician

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1081 license and includes four pathways to licensure. One of these pathways is certification by a pharmacy tech- nician certifying organization offering a pharmacy technician certification program accredited by the National Commission for Certifying Agencies that is approved by the Board. Existing regulation at CCR

section 1793.65 specifies that the pharmacy technician certification programs approved by the Board are the Pharmacy Technician Certification Board (PTCB) and the National Healthcareer Association, and establishes a December 31, 2024 sunset date for these program approvals. BPC

section 139 requires the Department of Consumer Affairs (DCA) to develop a policy regard - ing examination development and validation, and oc - cupational analysis. The

section further requires that every board within DCA have a method for ensuring that every licensing examination administered by or pursuant to contract with the board is subject to peri - odic evaluation, which must include: 1. A description of the occupational analysis serv - ing as the basis for the examination; 2. Sufficient item analysis data to permit a psycho - metric evaluation of the items; 3. An assessment of the appropriateness of prereq - uisites for admittance to the examination; and 4. An estimate of the costs and personnel required to perform these functions. The DCA Licensure Examination Validation Policy (which has been established to meet the mandate of BPC

section 139) provides in part that, generally, an occupational analysis and examination outline should be updated every five years to be considered current. Statutory changes, effective January 1, 2017, updat- ed the provisions for authorized pharmacy technician certification programs by expanding authorization to programs accredited by the National Commission for Certifying Agencies. (Prior provisions of the law lim - ited the provisions to certification by the Pharmacy Technician Certification Board.) In response to the change, the Board promulgated regulations to identify the Board–approved programs.

Although the Board initiated the rulemaking in 2017, for a variety of rea - sons, the regulation did not become effective until January 1, 2023. The Board has contracted with the DCA Office of Professional Examination Services (OPES) to conduct evaluation of the two pharmacy technician certifica - tion programs to ensure compliance with the provi - sions of BPC

section 139. While the work to conduct the evaluations is underway, it is anticipated that the evaluation results will not be available until Fall 2024. Given this anticipated timing, the Board determined that it was appropriate to extend the current sunset date of the program approvals to ensure this pathway to licensure remains in place. This proposal will amend

section 1793.65 of

Article 11 of Division 17 of Title 16 of the CCR to extend the current program sunset date from December 31, 2024 to June 30, 2026 (18 months) to allow sufficient time for the OPES evaluations to be conducted, consider - ation of the results by the Board, and completion of a subsequent rulemaking. This will ensure that the cur - rent approved pharmacy technician certification pro - grams remain a valid pathway for licensure for phar - macy technician applicants during that process.

Anticipated Benefits of Proposal Protection of the public is the Board’s highest pri - ority in exercising its licensing, regulatory, and disci - plinary functions. The Board has determined that this regulatory proposal will have the following benefits to the health and welfare of California residents. This proposal extends the current December 31, 2024 sunset date by 18 months (to June 30, 2026) to allow sufficient time for the OPES evaluations to be conducted, consideration of the results by the Board, and completion of subsequent rulemaking.

Extending the current sunset date will ensure that the two cer - tification programs continue to be pathways to li - censure for pharmacy technicians. Maintaining this licensure pathway allows pharmacy technician ap - plicants the flexibility to determine which of the two programs is best for them. The benefit to the consum - ers of California is that their health and welfare may be better served by an increased number of pharmacy technicians in the industry. When there is an increase in the number of licensed pharmacy technicians, each pharmacy can hire the staff necessary to meet their consumers’ needs.

This regulatory proposal does not affect worker safety or the state’s environment. Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the Board conducted a search of any similar regulations on this topic and concluded that these reg- ulations are neither inconsistent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs/Savings to State Agencies or Costs/Savings in Federal Funding to the State: The regulations do not result in a fiscal impact to the state. The Board already accepts these two certification programs, and this pro-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1082 posal allows the Board to continue to do so while the program evaluation is completed. The regulations do not result in a fiscal impact to the state in the form of federal funding or any cost or savings to any state agency. Nondiscretionary Costs/Savings to Local Agencies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None.

Business Impact Estimates: The Board has made an initial determination that the proposed regulatory action would have no sig - nificant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The proposed amendment extends the current December 31, 2024 sunset date by 18 months (to June 30, 2026). This extension may result in continued rev- enue for the certification programs, as pharmacy tech- nician applicants will be able to continue completing the programs.

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

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/New Businesses: The Board has determined that this regulatory pro - posal will not: (1) create jobs within California; (2) eliminate jobs within California; (3) create new businesses within California; (4) eliminate existing businesses within California; and (5) expand businesses currently doing business in the State of California. The Board determined that this proposal will not create or eliminate jobs or businesses. The proposed amendment extends the current December 31, 2024 sunset date by 18 months (to June 30, 2026).

The ben- efit to the consumers of California is that their health and welfare may be better served by an increased number of pharmacy technicians in the industry. When there is an increase in the number of licensed pharmacy technicians, each pharmacy can hire the staff necessary to meet their consumers’ needs. This regulatory proposal does not affect worker safety or the state’s environment. Business Reporting Requirements. This regulatory proposal does not require business - es to file a report with the Board.

Effect on Small Business: While the Board does not have, nor does it main - tain, data to determine if any of its licensees (phar - macies and clinics) are a “small business”, as defined in Government Code

section 11342.610, the Board has determined that the proposed regulatory action will not affect small businesses. The two certification pro - grams approved by the Board are not small businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

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

This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, the Initial Statement of Reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board of Pharmacy at 2720 Gateway Oaks Drive, Suite 100, Sacramento, California 95833, or from the Board of Pharmacy’s website at http://www.pharmacy.ca.gov/laws_regs/ pending_regs.shtml.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1083 AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

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

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

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

TITLE 24. CALIFORNIA BUILDING STANDARDS COMMISSION/ VETERINARY MEDICAL BOARD REGARDING THE 2025 CALIFORNIA BUILDING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 2,

CHAPTER 12 (DCA 01/24) Notice is hereby given that the Veterinary Medical Board (Board) proposes to adopt changes to build - ing standards contained in the California Code of Regulations (CCR), Title 24,

Part 2. The Board is proposing building standards related to veterinary premises. PUBLIC COMMENT PERIOD Reference: Government Code Sections 11346.5(a) (1), 11346.5(a) (15) and 11346.5(a) (17). A public hearing has not been scheduled; however, written comments will be accepted from August 23, 2024, until midnight on October 7, 2024. Comments may be submitted to the Board via: Email: Justin.Sotelo@dca.ca.gov U.S. Mail postmarked no later than October 7, 2024: Veterinary Medical Board Attention: Justin Sotelo 1747 N.

Market Blvd., Suite 230 Sacramento, CA 95834 Note: Only comments received in an accessible for- mat will be viewable via the Board’s website. Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a pub - lic hearing be held. The public will have an opportunity to provide writ- ten and oral comments regarding the proposed action on building standards at a public meeting to be con - ducted by California Building Standards Commission

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1084 (CBSC) to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be is - sued announcing the date, time and location of the public meeting. POST–HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a) (18). Following the public comment period, the Board may adopt the proposed building standards substan - tially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and notice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicated, will be made available to the pub - lic for at least 15 days prior to the date on which the Board adopts, amends, or repeals the regulation(s). The Board will accept written comments on the modi- fied building standards during the 15–day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be notified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a) (2). The purpose of these building standards is to im - plement, interpret, or make specific the provisions of Business and Professions Code Sections 4853 and 4854. The Board is proposing this regulatory action based on Business and Professions Code

Section 4808. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a) (3).

Summary of Existing Laws and Regulations The Veterinary Medical Board (Board) licenses, regulates, and investigates complaints against five different license categories in California, totaling approximately 44,000 licensees. These licensing cat - egories include veterinary premises, veterinarians, university veterinarians, registered veterinary tech - nicians (RVTs), and veterinary assistant controlled substance permit (VACSP or permit) holders. It is the Board’s duty to enforce and administer the California Veterinary Medicine Practice Act (Chapter 11 (com - mencing with

section 4800) of Division 2 of the Business and Professions Code (BPC) (Practice Act). The Board is authorized to establish reasonably nec - essary regulations for the enforcement of the Practice Act (BPC

section 4808). Existing law requires all veterinary premises to be registered with the Board (BPC

section 4853) and conform to the minimum standards established by the Board (BPC

section 4854). Current regulations spec - ify the requirements for the licensee manager (veteri - narian), fixed veterinary premises, small animal fixed premises, small animal mobile clinics, and small ani - mal vaccination clinics. Minimum practice management standards for vet - erinary premises are established under

Article 4 of Division 20 of Title 16 of the CCR. Building standards associated with veterinary facilities (to be amended to “veterinary premises”) are established under

Chapter 12 of

Part 2, Title 24 of the CCR.

Summary of Effect The Board has determined that some building stan - dards associated with veterinary premises are current- ly contained under Title 16 of the CCR and some vet - erinary practice management standards are contained under Title 24 of the CCR. This proposal, along with a separate regulatory proposal by the Board, would ensure that building standards and related exemptions are only contained under Title 24 and that practice management standards are only contained under Title 16. This proposal also includes clarifying and organi - zational amendments to

section 1251 of

Chapter 12 of

Part 2 of Title 24. Comparable Federal Statutes or Regulations The Board has determined that there are no existing comparable federal statutes or regulations. Policy Statement Overview This proposal will ensure that building standards and practice management standards associated with veterinary premises are contained under the appropri - ate areas of the CCR. Evaluation of Consistency The Board has determined that the proposed stan - dards are neither inconsistent nor incompatible with existing state regulations. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a) (4). None. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a) (5). The Board has determined that the proposed reg - ulatory action would not impose a mandate on local agencies or school districts.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1085 ESTIMATE OF COST OR SAVINGS Reference: Government Code

Section 11346.5(a) (6). An estimate, prepared in accordance with instruc - tions adopted by Department of Finance, of cost or savings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: NO. B. Cost to any local agency required to be reim - bursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. C. Cost to any school district required to be reim - bursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. D. Other nondiscretionary cost or savings imposed on local agencies: NO. E. Cost or savings in federal funding to the state: NO. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a) (8). The Board has made an initial determination that the amendment of this regulation will not have a sig - nificant statewide adverse economic impact on busi - nesses, including the ability of California businesses to compete with businesses in other states. Declaration of Evidence Reference: Government Code

Section 11346.5(a) (8). This is one of two companion rulemaking actions that, when completed, will not substantively change the law, but will instead transfer building standards and related exemptions from Title 16 of the CCR and place them into Title 24, while also removing veter - inary practice management standards from Title 24 and placing them in Title 16. Because the action will simply result in a reorganization of the location of ex- isting regulations, the Board does not anticipate im - pacts on business. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY, OR WELFARE Reference: Government Code

Section 11346.5(a) (11). The regulatory proposal does not impose a new re - porting requirement. COST IMPACT ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a) (9). The Board is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a) (10). The Board has assessed whether and to what extent this proposal will affect the following: A. The creation or elimination of jobs within the State of California. The proposal is not anticipated to create or elimi - nate jobs within the State of California because it does not impose requirements of a sufficient magnitude to create or eliminate businesses or licensees. B. The creation of new businesses or the elimination of existing businesses within the State of California.

This is one of two companion rulemaking actions that, when completed, will not substantively change the law, but will instead transfer building standards and related exemptions from Title 16 of the CCR and place them into Title 24, while also removing veter - inary practice management standards from Title 24 and placing them in Title 16. Because the action will simply result in a reorganization of the location of ex- isting regulations, the Board does not anticipate im - pacts on business. C. The expansion of businesses currently doing business within the State of California.

The proposal will not affect the expansion of busi - nesses currently doing business within the State of California because it does not impose additional hir - ing requirements for owners or a managing licensee (veterinarian) over a veterinary premises. D. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. This proposal, along with a separate regulatory pro- posal by the Board, will ensure that building standards and related exemptions associated with veterinary premises are only contained under

Section 1251 of

Part 2, Title 24, and that veterinary practice manage - ment standards associated with veterinary premises are only contained under Title 16.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1086 ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a) (12). N/A. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a) (13). The Board has determined that no reasonable al - ternative considered by the Board or that has other - wise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

AVAILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a) (16) and 11346.5(a) (20). All of the information upon which the proposed reg- ulations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the Board’s website: www.vmb.ca.gov/laws_regs/ proposed_regs.shtml Reference: Government Code

Section 11346.5(a) (19). Interested parties may obtain a copy of the final statement of reasons, once it has been prepared, by making a written request to the contact person named below or at the Board’s website: www.vmb.ca.gov/ laws_regs/index.shtml Reference: Government Code

Section 11346.5(a) (21). The Board shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by

Section 11346.6, to accom- modate a person with a visual or other disability for which effective communication is required under state or federal law. The statement shall note that providing the accessible description of proposed changes may require extending the period of public comment for the proposed action. BOARD CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code

Section 11346.5(a) (14).

General questions regarding procedural and admin - istrative issues should be addressed to: Justin Sotelo Veterinary Medical Board 1747 North Market Blvd., Suite 230 Sacramento, CA 95834 Telephone: (916) 905–5511 Email: Justin.Sotelo@dca.ca.gov BOARD CONTACT PERSON FOR SUBSTANTIVE OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive or tech- nical aspects of the proposed changes to the building standards should be addressed to: Primary Contact: Justin Sotelo, Policy Specialist Veterinary Medical Board Department of Consumer Affairs (916) 905–5511 Justin.Sotelo@dca.ca.gov Back up Contact: Matt McKinney, Deputy Executive Officer Veterinary Medical Board Department of Consumer Affairs (916) 282–3529 Matthew.McKinney@dca.ca.gov GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT INCONSISTENCY DETERMINATION NUMBER 2080–2024–014–06 Project: Upper Santa Ana River Wash Habitat Conservation Plan Location: San Bernardino County Applicant: San Bernardino Valley Water Conservation District Background San Bernardino Valley Water Conservation District (SBVWCD) proposes to implement certain activi - ties that received take authorization under the fed -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1087 eral Endangered Species Act (ESA) through the Upper Santa Ana River Wash Habitat Conservation Plan (Wash Plan or HCP) and United States Fish & Wildlife Service (USFWS) Incidental Take Permit (ITP) TE78703D–0 issued July 2020.

The Wash Plan’s geographical area is in southwestern San Bernardino County, California, approximately 1 mile downstream of the Seven Oaks Dam, and encompasses approxi - mately 4,892.2 acres, extending approximately 6 miles westward from Greenspot Road in the City of Highland to Alabama Street in the City of Redlands (Wash Plan Area). The Wash Plan proposes at least 64 activities (collectively, Covered Activities) in the Wash Plan Area over a 30–year permit term.

These Covered Activities include new and existing aggregate mining, water conservation, wells and water infra - structure, transportation, flood control, trails, habitat enhancement and monitoring, and agricultural proj - ects. Activity categories include new construction, ex- isting operations and maintenance (O&M), and habitat enhancement activities. SBVWCD is the permittee and proposes to convey permit take authority to other entities (Participating Entities) under a Certificate of Inclusion (COI).

These Participating Entities are: City of Redlands/Redlands Municipal Utility District, City of Highland, San Bernardino Valley Municipal Water District, East Valley Water District, Cemex Inc., and Robertson’s Ready–Mix. Because Covered Activities are expected to result in take of a species designated as endangered under the federal ESA, SBVWCD prepared the Wash Plan as part of its ITP application pursuant to

section 10(a) (1) (

b) of the federal ESA. On July 13, 2020, the USFWS issued an ITP (TE78703D–0) to SBVWCD. Issuance of a 10(a) (1) permit is a Federal action sub - ject to ESA

Section 7 consultation. The USFWS com- pleted intra–Service formal

Section 7 consultation as required by the ESA. In July 2020, USFWS issued a biological opinion (FWS–SB–08B0318–20F1299) (BO) to the USFWS that analyzed the final version of the Wash Plan. The BO describes the Wash Plan and associated Covered Activities and requires SBVWCD to comply with the terms of the BO and its incidental take statement (ITS). On July 9, 2024, the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

section 2080.1 that the ITP and Wash Plan are consistent with California Endangered Species Act (CESA) such that further authorization under CESA is not required in order to take Slender– horned spineflower, Santa Ana River woolly–star, and San Bernardino kangaroo rat. For the reasons speci - fied below, CDFW has determined that the ITP, Wash Plan, and accompanying BO/ITS are not consistent with CESA.

Determination related to Slender–horned spineflower and Santa Ana River woolly–star Slender–horned spineflower 1 ( Dodecahema lepto - ceras) and Santa Ana River woolly–star 2 (Eriastrum densifolium subsp. sanctorum ) are present within the Wash Plan Area, which contains suitable habitat and known occurrences. The Wash Plan identifies that both species may be incidentally or directly taken as a result of conservation activities, vegetation removal, grading, filling, excavation, and operation and staging of vehicles and heavy equipment.

After review and consideration of the ITP, Wash Plan, and accompanying BO/ITS, CDFW has deter - mined that the ITP and ITS, and accompanying Wash Plan and BO, are not consistent with CESA for autho- rizing take of Slender–horned spineflower and Santa Ana River woolly–star. This determination is based on CDFW’s assessment that the subject documents do not meet the conditions set forth in Fish and Game Code

section 2080.1, subdivision (a), for authorizing incidental take of Slender–horned spineflower and Santa Ana River woolly–star. For CDFW to determine consistency with CESA under

Section 2080.1 of the Fish and Game Code, a person must have a federal incidental take permit (fed- eral ITP) under

Section 10 of the federal ESA, or an incidental take statement under

Section 7 of the fed - eral ESA (federal ITS). Moreover, only a federal ITP or federal ITS that authorizes taking of an endangered species or threatened species is eligible for a consis - tency determination (Fish & Game Code, § 2 081.1, subdivision (a)). Here, neither the ITP related to the Wash Plan, nor the ITS related to the BO, authoriz - es take of the Santa Ana River woolly–star or the Slender–horned spineflower. In fact, the ITP states in Authorization and Condition I that “[t]ake of plant spe- cies is not prohibited under the [federal ESA] and is not authorized by this permit” (underline added).

The ITS exempts take only for coastal California gnatcatcher, cactus wren, and San Bernardino kangaroo rat. The ITS does not exempt take of the two plants in question. Therefore, because neither the ITP nor ITS authorizes take of the two plants, the ITP and ITS are not con - sistent with CESA with respect to take of Slender– horned spineflower and Santa Ana River woolly–star. Accordingly, as a matter of law, CDFW cannot issue a consistency determination for these two species and must issue a separate permit for SBVWCD to be au- thorized to take the two plants under CESA. 1 See Cal. Code Regs.

Title 14 § 670.2, subdivision (a) (26) (D). 2 See Id., subdivision (a) (26) (A).

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1088 Determination related to San Bernardino kangaroo rat (Dipodomys merriami parvus) According to the Wash Plan, the Covered Activities are expected to temporarily impact 109.1 acres and permanently impact 570.9 acres of San Bernardino kangaroo rat (SBKR) habitat. Covered Activities such as creation of trails, habitat enhancement activities, and O&M activities of wells, channels and ongoing mining are described as temporary impacts while Covered Activities such as new mining, road widen - ing, and new drainage facilities are considered perma- nent.

Potential take of SBKR from Covered Activities was calculated based on the distribution of modeled habitat suitability categories (high, medium, low, very low, and ecological process areas), and known occur - rences from various trapping datasets ranging from 1999–2011. The Wash Plan emphasizes that the habi - tat assessment was qualitative, and that SBKR may be found in all types of habitats within the species’ his - toric distribution.

Mitigation in the Wash Plan would consist of habitat conserved by the District and City of Redlands (District Conserved Land), management actions conducted on Bureau of Land Management (BLM) properties and a small area of previously con - served lands (District Managed Lands), and habitat conserved by San Bernardino County Flood Control District (SBCFCD) under a separate implementing agreement and federal incidental take permit. Habitat conservation would occur across various modeled habitat qualities.

The measures in the Wash Plan and accompanying BO for SBKR include, among others: ● N ew construction in areas assessed as medium or high quality habitat for SBKR would be avoid- ed if feasible. For projects where the exact loca - tion of the facility has not been determined the relevant Permittee or Participating Entity must consider alternatives outside of medium or high quality areas. If the selected alternative is in a medium or high quality area, the project propo - nent must demonstrate to the Permittee and the USFWS why it could not be located in a lower quality habitat.

Participating Entities would pro - vide information in their Certificate of Inclusion application substantiating a determination that locating their proposed project in a lower quality habitat was not possible. ● I f a ground–disturbing activity from new con - struction or O&M occurs in an area assessed as medium or high quality for SBKR, and is equal to or less than three acres, a temporary exclu- sionary fence meeting USFWS standards would be placed and maintained around the perimeter of the site.

The area inside the fence would be trapped for SBKR by a qualified biologist during the five nights preceding the ground disturbance.

Any trapped animals would be relocated to the nearest undisturbed habitat outside the construc - tion area. ● W hen new construction or O&M activities with temporary ground disturbance occurs in SBKR habitat, the top 20 inches of soil/substrate would be segregated, preserved, and placed back in the same location in a suitable configuration. ● P rior to grading dirt access roads, other than roads within mining operations areas, a quali - fied biologist would trap the road and 15 meters on either side during the five nights preceding the grading.

Trapped animals would be held until the completion of grading and then returned to the location where they were trapped. ● T he Applicant would provide for the conserva - tion and management of the Wash Plan Preserve that would be composed of San Bernardino County Flood Control (Flood Control) Conserved Lands (185.7 acres), District Conserved Lands (777.6 acres), and District Managed Lands (695.8 acres 3). Flood Control Conserved Lands are those lands owned and conserved by Flood Control. District Conserved Lands are those lands conserved by the Conservation District and the Participating Entities.

The District and Flood Control Conserved Lands would be permanent - ly protected by a conservation easement or other legal instrument acceptable to USFWS. District Managed Lands are BLM lands that would be managed by SBVWCD for the benefit of the Covered Species. SBVWCD has entered into an agreement with BLM to allow the Conservation District to manage the BLM lands for the benefit of the Covered Species consistent with rest of the Wash Plan Preserve.

After review and consideration of the ITP, Wash Plan and accompanying BO/ITS, CDFW has deter - mined that the ITP and ITS, and accompanying Wash Plan and BO, are not consistent with CESA for autho- rizing take of San Bernardino kangaroo rat. This de - termination is based on CDFW’s assessment that the subject documents do not meet the conditions set forth in Fish and Game Code

section 2080.1, subdivision (

a) for authorizing incidental take of San Bernardino kan- garoo rat. CDFW arrived at its determination for the reasons mentioned below: 1. Insufficient Information to Assess Impacts of Covered Activities : The ITP, in Authorization and Condition K, refers to descriptions of Cov - ered Activities in

Chapter 2 of the Wash Plan with estimated acres of impacts presented in Chap - 3 A value of 696.8 acres is used here, but a value of 696.2 and 696.2/696.1 is also found in the HCP and BO, respectively.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1089 ter 4. Included descriptions are incomplete, con - taining broad and insufficient information for CDFW to evaluate impacts to SBKR. The Wash Plan requires a “Project Definition” to only in - clude the location, footprint, and type of impact. These certain projects are proposed to occur at an unspecified time within the 30–year term of the ITP.

Missing information needed to identify and analyze impacts for each project proposed as a Covered Activity includes but is not limit - ed to: preliminary and final project designs, ac - cess routes, project commencement and comple - tion dates, frequency of O&M activities, staging and stock piling areas, proposed materials, and a clear description of specific project activities which may result in take such as grubbing, grad - ing, pile driving, drilling, filling, trenching, and excavation.

The absence of this information is the result of Participating Entities not yet engaging in project specific planning, design and environ - mental review. Without this information, CDFW is unable to concur with the estimated quantities of impacts noted in

Chapter 4 of the Wash Plan. Without a clear identification of impacts, CDFW cannot conclude that such impacts will be fully mitigated as required by Fish and Game Code

section 2081, subdivision (b) (2). 2. Unreliable SBKR Habitat Suitability Model : CDFW disagrees with the SBKR habitat suitabil- ity model used by the Wash Plan.

According to the Wash Plan, the SBKR habitat suitability mod- el uses four variables (topography, geology, veg- etation cover, and aerials) combined with Bool - ean (and/or) operators to generate areas of high, moderate, and low suitable habitat for SBKR and was supported by subsequent systematic surveys conducted from 2012–2014 to refine the map - ping of suitable habitat, various SBKR positive occurrences from 1999–2009 with additional project–specific surveys from 2018–2020. Cer - tain areas were identified as having no potential habitat suitability.

To CDFW’s knowledge, this is not an open–source model for others to use. CDFW has determined the SBKR habitat suit - ability model is not a reliable application for esti- mating take or quantifying SBKR habitat within the Wash Plan. CDFW arrived at its determina - tion for the reasons mentioned below: The SBKR habitat suitability model does not de - scribe what the habitat suitability categories rep - resent in terms of SBKR abundance or SBKR use of the landscape (e.g. burrowing habitat, refugia, movement corridor, etc.).

As described, the suit - ability model does not account, select, or value anthropogenic disturbances such as dirt roads. Based on recent project related survey and trap - ping results within the Wash Plan Area which oc- curred after finalization of the Wash Plan and its modeling (i.e. Robertson’s Ready–Mix Phase One and Enhanced Recharge 3B), the modeled habitat is in disagreement with the presence of animals.

These recent survey and trapping results suggest that the SBKR habitat suitability model Low hab- itat suitability, or even No habitat suitability areas are not directly correlated with low density or ab- sence of SBKR. While some animals were pres - ent in areas modeled as high suitability, a greater number of animals were trapped more recently in areas modeled as very low to low suitability and trapping results showed a number of these ani - mals along dirt roads and areas of artificial dis - turbance.

Disturbed habitat, such as dirt roads provide open ground with sparse vegetation, and often adjacent loose sandy substrate, which may be exploited by SBKR for movement and bur - rowing, respectively. These recent project related findings either indicate higher suitability than ex- pected, unattributed value from functional usage, or an incorrect assumption of what low suitability means in terms of species occupation. Based on the Wash Plan, the SBKR habitat suit - ability model primarily informed both the Cov - ered Activities impact analysis and mitigation determination.

Projects with permanent impacts to areas of high suitability result in higher miti - gation, but as recent survey and trapping results showed, an abundance of SBKR may use and oc- cupy modeled low–quality habitat, which is not reflected in the Wash Plan’s mitigation values. As a result, the Wash Plan likely underestimates the acres of impacts to SBKR by relying on these models.

Not only does the Wash Plan underes - timate the impacted acres, but the Wash Plan’s mitigation strategy does not appear to take into consideration impacts to connectivity between conservation areas, which is crucial to maintain - ing the species genetic diversity and durability of populations on the landscape. For the reasons mentioned above, CDFW has determined the SBKR habitat suitability model is not a reliable application estimating take or quantifying SBKR habitat within the Wash Plan. Therefore, CDFW cannot find that the impacts will be fully miti - gated as required by Fish and Game Code

section 2081 subdivision (b) (2). 3. Insufficient Minimization Measures : The ITP, in Authorization and Conditions K and M, and Wash Plan describe avoidance and minimization mea - sures for SBKR. However, as explained above, the habitat suitability models upon which the avoid - ance measures rely do not appear reliable. As a result, the avoidance and minimization measures

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1090 will not be implemented in certain habitats that may contain SBKR resulting in greater impacts to SBKR than estimated in the Wash Plan. For ex- ample, the Wash Plan states active translocation and monitoring of animals would only occur in habitat modeled as medium–to–high quality hab- itat of more than three acres. SBKR are known and documented within the Wash Plan to use all qualities of habitat, additionally SBKR benefit from certain anthropogenic disturbances includ - ing dirt roads to traverse their habitat.

Limiting implementation of translocations and monitor - ing to medium–to–high qualities of habitat over - looks individuals occupying the remainder of the landscape in lower qualities of habitat. As a re - sult, impacts to and take of SBKR are likely to be greater than what the Wash Plan estimates.

Ad - ditionally, in recent CDFW ITPs, CDFW has re - quired the following minimization measures (ab - breviated) in addition to what has been discussed in the Federal ITP and HCP: either updated or re- cent habitat mapping and species surveys, bur - row mapping, discussions and CDFW approval of translocation sites and potential enhancement, and post–translocation monitoring of the species. These CDFW requirements are regardless of hab- itat quality. For these reasons, CDFW cannot find that the impacts will be minimized and fully mit- igated as required by Fish and Game Code sec - tion 2081 subdivision (b) (2). 4.

Lack of CDFW Approval Authority : Because of the Wash Plan’s 30–year implementation period, the Wash Plan makes certain assumptions and estimates on a variety of topics germane to as - sessing impacts and mitigation. In some instanc - es, the Wash Plan requires the Applicant or the Participating Entities to secure future approv - al from USFWS.

The ITP and Wash Plan do not provide CDFW with any authority to review and approve the various conditional take minimiza - tion and mitigation measures, nor do they require the Applicant to provide notification to CDFW for issues or changes related to conditions that were assumed in the ITP and Wash Plan includ - ing: final project descriptions/designs, any up - dated habitat mapping and/or trapping results, designated biologist approval, project related trapping or relocation results, project implemen - tation reports, submission of completed design plans, notification of project suspension, post– construction implementation and compliance re - porting.

A specific example that affects mitiga - tion is the approval process for habitat acquisition and location of mitigation. Because CDFW is not involved in the aforementioned approval process, mitigation for individual projects will occur in lo- cations that are currently unknown. As a result, CDFW is unable to review the proposed conser - vation lands to ensure they meet biological suit - ability and property acceptability to appropriate - ly mitigate for project specific impacts.

Since the ITP and Wash Plan do not provide CDFW with approval authority or notification, CDFW cannot ensure that assumptions or estimates were accu - rate, that measures will be properly implemented, or that they will be successful, and cannot find that impacts will be minimized and fully mitigat- ed as required by Fish and Game Code

section 2081 subdivision (b) (2). 5. Inability to Ensure Conservation of Certain Miti- gation Lands: The ITP, in Authorization and Con- dition K, refers to

Chapter 5 of the Wash Plan for mitigation of the Project. The Wash Plan states that 695.8 acres of these proposed mitigation lands, referred to as “District Managed Lands” are owned by the BLM and the Woolly–star Pre - serve Area (45.29 acres). BLM land is subject to a multiple–use mandate, which does not guaran - tee in–perpetuity conservation. Furthermore, the multiple–use mandate can result in land manage- ment that is harmful to the long–term existence of the species on the landscape.

Chapter 6.4.1 of the Wash Plan acknowledges that a future change in use of District Managed Lands could occur as a result of BLM land use decisions, leaving fur - ther questions as to whether these lands will be managed in perpetuity for the benefit of the spe - cies. The Wash Plan proposes management of re- placement lands if this change occurs. However, no replacement for the 695.8 acres is identified and CDFW is not aware of any suitable replace - ment habitat. So it’s unclear if a replacement can be found. Therefore, CDFW cannot find that the impacts will be fully mitigated as required by Fish and Game Code

section 2081 subdivision (b) (2). 6. Unproven Mitigation Strategies : Authorization and Condition K of the ITP requires adherence to

Chapter 2 of the Wash Plan which briefly dis - cusses habitat enhancement projects in current - ly unoccupied areas that will be used for mitiga - tion after habitat enhancement is complete. Most of these projects have not started, and no infor - mation exists to indicate the likelihood that the habitat enhancement projects will successfully provide replacement habitat for SBKR or if these proposed lands may become occupied by SBKR. In addition, the Wash Plan does not discuss the amount of current SBKR occupied mitigation land available. Consequently, the Wash Plan and ITP lack sufficient information for CDFW to find that the impacts will be fully mitigated as re -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1091 quired by Fish and Game Code

section 2081 sub- division (b) (2). As mentioned in the BO, there are three substantial, but disjunct, populations of SBKR in San Bernardino and Riverside Counties. The largest of the three pop - ulations resides in and around the Santa Ana River.

Given the reasons above such as the lack of informa - tion concerning impacts by Covered Activities, indi - cations that the Wash Plan’s habitat quality models do not accurately determine species occupancy and abun- dance, and lack of evidence that habitat enhancement would be successful in establishing species occupa - tion, there is insufficient information for CDFW to determine that authorizing take of SBKR associated with implementation of, and in compliance with the ITP/Wash Plan will, or will not, jeopardize the con - tinued existence of SBKR.

CDFW anticipates that as the numbered items above are resolved, the informa - tion derived from that process will indicate whether the continued existence of SBKR will, or will not be jeopardized. For the reasons described above, CDFW has deter - mined there is substantial evidence that the ITP, ITS, and related Wash Plan and BO are not consistent with CESA as it pertains to the incidental take of Slender– horned spineflower, Santa Ana River woolly–star, and San Bernardino kangaroo rat. DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR BUTANO CREEK HABITAT ENHANCEMENT AT CAMP BUTANO (TRACKING NUMBER: 1653–2024–143–001–R3) SAN MATEO COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on 8/1/2024, that the San Mateo Resource Conservation District (District) proposes to carry out a habitat restoration or enhance- ment project pursuant to Fish and Game Code

section 1653. The proposed project involves installing two types of large wood features and a backwater alcove to improve habitat conditions for listed species and other aquatic wildlife. The proposed project will be carried out on Butano Creek, located at Camp Butano, Pescadero, San Mateo County, California.

On 3/22/2024, the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) received a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Butano Creek Habitat Enhancement at Camp Butano.

The Regional Water Board determined that the Project, as described in the NOI, was categori - cally exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility require - ments for coverage under the General 401 Order. The Regional Water Board issued a Notice of Applicability (WDID Number 2CW456331) for coverage under the General 401 Order on 5/6/2024. The District is requesting a determination that the project and associated documents are complete pursu- ant to Fish and Game Code

section 1653 subdivision (d). If CDFW determines the project is complete, the District will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) or a Lake or Streambed Alteration Agreement under Fish and Game Code

section 1605 for the proposed project. In accordance with Fish and Game Code

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, the District will have the opportunity to submit under Fish and Game Code

section 1652. DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR WILLOW CREEK STAGE 0 LOW TECH HABITAT ENHANCEMENT (TRACKING NUMBER: 1653–2024–145–001–R3) SONOMA COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on 8/13/2024, that the Gold Ridge Resource Conservation District (District) proposes to carry out a habitat restoration or enhance- ment project pursuant to Fish and Game Code sec - tion 1653. The proposed project involves employing low–tech approaches, such as felling trees and debris jams, to enhance habitat for out–migrating juvenile coho salmon.

The proposed project will be carried out on Willow Creek, located along Willow Creek Road, Sonoma County, California. On 7/1/2024, the North Coast Regional Water Quality Control Board (Regional Water Board) re - ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1092 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Willow Creek Stage 0 Low Tech Habitat Enhancement. The Regional Water Board determined that the Project, as described in the NOI, was categor- ically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility require - ments for coverage under the General 401 Order.

The Regional Water Board issued a Notice of Applicability (WDID Number 1B24087WNSO) for coverage under the General 401 Order on 7/25/2024. The District is requesting a determination that the project and associated documents are complete pursu- ant to Fish and Game Code

section 1653 subdivision (d). If CDFW determines the project is complete, the District will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) or a Lake or Streambed Alteration Agreement under Fish and Game Code

section 1605 for the proposed project. In accordance with Fish and Game Code

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, the District will have the opportunity to submit under Fish and Game Code

section 1652.

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.

Board of Pharmacy File # 2024–0805–03 Independent HIV Preexposure Prophylaxis Furnishing In this emergency rulemaking action, the Board of Pharmacy amends its HIV preexposure prophylaxis regulations to require that documentation of preexpo - sure prophylaxis furnished and services provided shall be maintained in patient records, in the record system maintained by the pharmacy, for a minimum of three years from the date when the preexposure prophylaxis was furnished.

Title 16 Amend: 1747 Filed 08/14/2024 Effective 08/14/2024 Agency Contact: Lori Martinez (916) 244–6648 Department of Housing and Community Development File # 2024–0731–02 Mobilehome Residency Law Protection Program This emergency rulemaking action repeals the requirement that the Department of Housing and Community Development (Department) use a request–for–proposals process to contract with one or more nonprofit legal services providers to provide le - gal advice and representation to mobilehome residents concerning alleged Mobilehome Residency Law vi - olations.

Instead of a request–for–proposals process, the amended regulation provides that the Department may award contracts in compliance with California public contracting requirements, as applicable, and the Mobilehome Residency Law Protection Act.

Title 25 Amend: 4916 Filed 08/12/2024 Effective 08/12/2024 Agency Contact: Jenna Kline (916) 841–5286 Department of Corrections and Rehabilitation File # 2024–0701–01 Youth Offender Camp Pilot Program Expansion This action by the Department of Corrections and Rehabilitation (“Department”) — submitted to the Office of Administrative Law (“OAL”) for filing with the Secretary of State and for printing in the California Code of Regulations — amends

Section 3999.30, a pilot program that established the Youth Offender Program at Growlersburg Conservation Camp, by expanding the pilot program to Pine Grove Youth Conservation Camp. This filing is exempt from

Chapter 3.5 (commencing with

Section 11340) of

Part 1 of Division 3 of Title 2 of the Government Code (“APA”) pursuant to Penal Code

section 5058.1 and is not subject to review by OAL, as the conditions set forth in Penal Code

section 5058.1(

b) have been met and the Department Director has certified in writing that the regulation applies to a pilot program that qual- ifies for exemption under said section. This action is effective on filing with the Secretary of State pursuant to Penal Code

section 5058.1(

c) and shall lapse by op- eration of law two years after the commencement of the pilot program (i.e., July 27, 2025) pursuant to Penal Code

section 5058.1(d).

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1093 Title 15 Amend: 3999.30 Filed 08/07/2024 Effective 08/07/2024 Agency Contact: Renee Rodriguez (916) 445–2220 California Coastal Commission File # 2024–0702–04 Annual Increases to Permit Fees & Major Public Works Threshold This action by the California Coastal Commission adjusts the threshold amount to qualify as a major public works or energy project and the fees for permit applications and other filings.

Title 14 Amend: 13012, 13055 Filed 08/14/2024 Agency Contact: Claire Wilkens (415) 904–5225 Department of Pesticide Regulation File # 2024–0703–01 Mill Assessment This action without regulatory effect by the Department of Pesticide Regulation updates mill as - sessment rates on pesticide products to align with Food and Agricultural Code

section 12841(f), as amended by Assembly Bill 2113 (Stats. 2024,

chapter 60,

section 17). Title 03 Amend: 6386 Filed 08/14/2024 Agency Contact: Lauren Otani (916) 445–5781 Board of Vocational Nursing and Psychiatric Technicians File # 2024–0702–02 Disciplinary Guidelines In this rulemaking action the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) up - dates its disciplinary guidelines. Title 16 Amend: 2524, 2579.10 Filed 08/14/2024 Effective 10/01/2024 Agency Contact: Antoinette Wood (916) 214–5014 California Horse Racing Board File # 2024–0715–03 Firearms This action by the California Horse Racing Board (“CHRB”) amends the existing Firearms regulation under California Code of Regulations (“CCR”) Title 4

section 1875 by adding ammunition, non–powder guns, and any device or instrument which expels a projectile through air pressure, gas pressure, or spring action to the prohibited items. Furthermore, this action also amends the title of this regulation to “Weapons and Ammunition” to better reflect the totality of pro - hibited items.

Title 04 Amend: 1875 Filed 08/09/2024 Effective 10/01/2024 Agency Contact: Rick Pimentel (916) 274–6043 Fish and Game Commission File # 2024–0702–03 Klamath River Basin Sport Fishing This rulemaking action by the Fish and Game Commission (“Commission”) institutes a complete closure of the Klamath River fall–run Chinook Salmon (“KRFC”) in–river recreational fishery for the 2024 season to provide maximum protection of KRFC fol - lowing recent projections showing Chinook Salmon abundance in California’s ocean waters to be at histor- ic lows.

This action also clarifies that the South Fork Trinity River downstream of the South Fork Trinity River bridge at Hyampom to the confluence with the Trinity River is closed to the catch–and–release of KRFC, and makes changes to numbering, abbreviated terminology, capitalization, and punctuation.

Title 14 Amend: 7.40 Filed 08/14/2024 Effective 08/14/2024 Agency Contact: David Haug (916) 902–9286 Department of Motor Vehicles File # 2024–0626–01 Environmental License Plates This action proposes to amend the application for environmental and special interest license plates and clarifies the rules regarding environmental license plate configurations to reduce department discretion and comply with current first amendment law.

Title 13 Adopt: 206.00, 206.16 Amend: 205.00, 206.00 [renumbered to 206.02], 206.02 [renumbered to 206.04], 206.04 [renum- bered to 206.06], 206.06 [renumbered to 206.08], 206.08 [renumbered to 206.10], 206.10 [renum- bered to 206.12], 206.12 [renumbered to 206.14] Repeal: 206.20, 206.22, 206.30, 206.35, 206.40, 206.50, 206.52, 206.54, 206.56, 206.58, 206.60 Filed 08/08/2024 Effective 08/08/2024 Agency Contact: Randi Calkins (916) 282–7294

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 34–Z 1094 Speech–Language Pathology and Audiology and Hearing Aid Dispensers Board File # 2024–0702–01 Continuing Education Requirements This rulemaking action by the Speech–Language Pathology and Audiology and Hearing Aid Dispensers Board amends regulations relating to continuing edu - cation requirements for hearing aid licensees.

Title 16 Amend: 1399.140, 1399.140.1, 1399.144 Filed 08/14/2024 Effective 10/01/2024 Agency Contact: Maria Liranzo (916) 905–5441 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit oal.ca.gov.