GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2025, NUMBER 36–Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW S EPTEMBER 5, 2025 PROPOSED ACTION ON REGULATIONS TITLE 3 . DEP ARTMENT OF FOOD AND AGRICULTURE Animal Blood Banks Administrative Penalty Schedules –— Notice File Number Z2025–0826–05 ................ 1095 TITLE 10. HEAL TH BENEFIT EXCHANGE SHOP Eligibility and Enrollment Regulations — Notice File Number Z2025–0822–01 ........................ 1098 TITLE 12.

DEP ARTMENT OF VETERANS AFFAIRS Home Loans Update — Notice File Number Z2025–0826–02 ............................................ 1101 TITLE 15 . BOARD OF PAROLE HEARINGS Commutation and Recall of Sentence Recommendation Assessment Process –— Notice File Number Z2025–0826–06 ................................................................................ 1109 TITLE 17.

CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINE California Institute for Regenerative Medicine (CIRM) Award Management Policy — Notice File Number Z2025–0826–03 ................................................................................ 1113 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Moffett Creek Restoration Project, 1653–2025–168–001–R1, Siskiyou County .............................. 1116 DEPARTMENT OF FISH AND WILDLIFE Jenny Creek Barrier Removal Project, 1653–2025–170–001–R1, Siskiyou County ............................ 1118 DEPARTMENT OF FISH AND WILDLIFE Redwood Crossing Project, 2080–2025–005–03, Sonoma County ......................................... 1120 DEPARTMENT OF FISH AND WILDLIFE Ten Mile River Mainstem Enhancement Phase 1, 1653–2021–069–001–R1, Mendocino County ................. 1124 (Continued on next page) Time- Dated Material

FISH AND GAME COMMISSION Quino Checkerspot Butterfly Candidacy ............................................................. 1126 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Public Meeting and Business Meeting ............................................................... 1127

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1127 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $409.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1095 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 ANIMAL BLOOD BANKS — ADMINISTRATIVE PENALTY SCHEDULES NOTICE IS HEREBY GIVEN that the Department of Food and Agriculture (herein after referred to as the Department) proposes to adopt the regulations de- scribed below in the Informative Digest/Policy State - ment Overview after considering all comments, objec- tions, and recommendations regarding this proposal. Publication of this notice commences a 45–day public comment period. PUBLIC HEARING The Department has not scheduled a public hearing for this proposal.

However, a public hearing will be held if the department receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days be- fore the close of the comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments rel - evant to the proposed regulatory action to the De - partment. Comments can be submitted via email to sean.brady@cdfa.ca.gov, or mailed to the address list- ed below. The written comment period begins on Sep- tember 5, 2025 and closes on October 20, 2025.

The Department is not required to respond to comments that are outside the scope of this Notice or comments that are not received or postmarked during the written comment period. WRITTEN COMMENTS AND REQUEST FOR PUBLIC HEARING All written comments and any request for a public hearing should be directed to the following person: Sean Brady, DVM Department of Food and Agriculture Animal Health and Food Safety Services Animal Blood Banks 1220 N Street, Sacramento, CA 95814 Telephone (916) 208–0500 Email: sean.brady@cdfa.ca.gov AUTHORITY AND REFERENCE Food and Agricultural Code (FAC)

Section 14 au - thorizes the Department to adopt rules and regulations in accordance with the Administrative Procedure Act. Additional authority vested in FAC grants the Depart- ment Secretary the authority to amend or repeal rules and regulations. FAC

Section 407 authorizes the Secretary of the De- partment to adopt such regulations as are reasonably necessary to carry out the provisions of the FAC which the Secretary is directed or authorized to administer or enforce. FAC

Section 9166 authorizes any person who vio - lates any provision of Division 5 (commencing with

Section 9101) of the Food and Agricultural Code, and any regulations adopted pursuant to Division 5, is sub- ject to an administrative penalty of not less than one hundred dollars ($100) or more than one thousand dol- lars ($1,000) for each violation. Each violation during any day constitutes a separate offense. Any money that is recovered under this

section shall be paid into the State Treasury and shall be credited to the Depart- ment of Food and Agriculture Fund. FAC

Section 9245 authorizes the Secretary of the Department impose such conditions on the production or use of blood or blood component products as he or she deems necessary to accomplish the purposes FAC Division 5,

Part 1,

Chapter 1.5. FAC

Section 9251 authorizes the Secretary of the Department to adopt reasonably necessary rules and regulations for the administration and enforcement of requirements relating to commercial blood banks for animals. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The proposed regulation specifies penalty schedules for any person found to be in violation of specified statutes and regulations, following an investigation and consideration of the facts presented in each case.

Summary of Existing Laws and Effect of the Proposed Action In 2021, Governor Gavin Newsom signed AB 1282 (Stats. 2021,

Chapter 725), the California Pet Blood Bank Modernization Act (Act) into law. The goal of the Act is to address the shortage of animal blood

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1096 available for veterinary transfusion medicine in Cal - ifornia and transition the state from closed colony blood banks to community blood banks. The Act di - rects the Department to adopt reasonably necessary rules and regulations for administration and enforce - ment of these changes. On March 10, 2025, the De - partment adopted California Code of Regulations sec- tions 1303–1307 to interpret and make specific the re- quirements for operating a commercial blood bank in California. Objectives and Anticipated Benefits of the Proposal The Department is proposing the adoption of Sec - tion 1308 under

Article 6, of

Chapter 8, Division 2, Title 3 of the California Code of Regulations, to spec- ify penalty schedules for any person found to be in vi- olation of specified statutes and regulations, follow - ing an investigation and consideration of the facts pre- sented in each case. The Department is also propos - ing the amendment of

Section 839 of

Article 14, of

Chapter 2, of Division 2, of Title 3 of the California code of regulations to remove previously created ani - mal blood bank penalties from this

section and place them in newly created

Section 1308. This proposal benefits the animal blood bank indus- try by serving to ensure that the Department has effec- tive enforcement mechanisms in place by clearly clas- sifying violation categories and establishing penalty schedules in regulation that applies to penalties that may be imposed for violations of specified statutes and regulations.

Monetary benefits could include the potential reduction of violations as the penalty sched - ules may be a deterrent to potential violators of the statutes and regulations affecting the interstate and in- trastate movement of animal blood and blood compo - nent products, product registration, facility licensing, infectious disease testing, quarterly reporting, all of which enable the Department to ensure animal blood products sold in California are effective, safe, and hu- manely produced.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations The Department has evaluated this proposal and has concluded that it is not inconsistent or incompatible with existing 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 concerning administrative penalties for commercial animal blood banks in California. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None.

Costs or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary costs/savings to local agen - cies: None. Cost or savings in federal funding to the state: None. Cost impacts on representative private persons or businesses: The Department is not aware of any cost impacts on private persons or businesses complying with the proposed action.

Any costs would result from penalties imposed following verified violations or from costs associated with appealing those penalties, including travel or legal representation. Business Impact : The Department has determined that this proposal will not significantly impact the cre- ation or elimination of jobs or businesses in California. It is also not expected to adversely affect the ability of California businesses to compete with those in other states. However, this regulation will affect business - es or individuals in the animal blood banking indus - try found in violation of applicable law or regulation.

The Anticipated Compliance Requirements as a Re- sult of this Proposal : The proposal contains no spe - cific record keeping, paperwork or reporting require - ments. It provides clarity to the regulated public on how the Department assesses penalties for violations. Effect on Housing Costs: None. Small business determination: The Department’s proposal may affect small businesses if an animal blood bank is found, after investigation of the facts presented in the case, to be in violation of specified statutes or regulations, and that person may also be a small business owner as defined in Government Code

section 11342.610. RESULTS OF ECONOMIC IMPACT ASSESSMENT Impact on Jobs/New Businesses : The Department has determined that this regulatory proposal will not have any impact on the creation of jobs or businesses or the elimination of jobs or existing businesses or the expansion of businesses in California. Persons/Businesses affected by this proposal : The Department has made an initial determination that this regulatory proposal will only affect animal blood banks or persons involved in the animal blood bank - ing industry in California who are found, after inves -

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1097 tigation of the facts and evidence presented in each case, to have violated specified sections of the Food and Agricultural Code and any regulations imple - menting those Codes. Benefits of the regulation to the health and welfare of California residents, worker safety, and the State’s environment: The Department is not aware of any spe- cific benefits this proposal will have on worker safety.

Benefits of the Proposed Action: The proposed regu- lation benefits donor animal health and welfare, recip- ient animal health, the animal blood supply, and the veterinary industry by serving to ensure violations of specified statutes and regulations will be handled ac - cording to the penalty schedules specified in this pro - posal. This proposal serves to ensure that any viola - tions of existing statutes and regulations as specified in this proposal, are handled quickly and in a cost– effective manner to all parties involved, as authorized by FAC

Section 9166. Occupations/Businesses Impacted: The Department has determined that this regulatory proposal will not have any impact on the creation of jobs or business - es or the elimination of jobs or existing businesses or the expansion of businesses in California. The Depart- ment has made an initial determination that the pro - posed regulatory action will have no significant, state- wide adverse economic impact directly affecting Cal - ifornia businesses including the ability of California businesses to compete with businesses in other states.

The Department has made an initial determination that this regulatory proposal will only impact persons or businesses involved in the animal blood banking in- dustry in California who are found, after investigation of the facts and evidence presented in each case, to have violated specified sections of the Food and Agri- cultural Code and any regulations implementing those Codes. Business Reporting Requirement: There are no new reporting requirements as a result of this proposal. Comparable Federal Regulations : This proposal does not duplicate or conflict with federal regulations.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reason - able alternative considered, or that has otherwise been identified and brought to the attention of the Depart - ment, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Department Invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the proposed regulations at the scheduled pub- lic hearing or during the written comment period. This proposal is necessary to establish procedures im- plementing administrative penalties against any per - son found to be in violation of specified statutes and/or regulations relating to animal blood banking.

AVAILABILITY OF INITIAL STATEMENT OF REASONS AND INFORMATION AND TEXT OF THE PROPOSAL Copies of the exact language of the proposed regula- tions, and the Initial Statement of Reasons, as well as all the information upon which the proposal is based, may be obtained by contacting the persons named be - low or by accessing the Department’s website as indi- cated below in this Notice. The Department will have the rulemaking file available for inspection and copy - ing throughout the rulemaking process at its office lo- cated at 1220 N Street, Sacramento, CA 95814.

As of the date this notice is published in the California Reg- ulatory Notice Register, the rulemaking file consists of this Notice, the Proposed Text, and the Initial State- ment of Reasons. Copies may be obtained by contact- ing Dr. Sean Brady at the address or phone number listed below. AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the persons named below.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may amend the proposed regulations substantially as described in this Notice. If the Department makes modifications that are suffi - ciently related to the originally proposed text, it will make the modified text (with changes clearly indicat - ed) available to the public for at least 15 days before the Department adopts the regulations as modified. Please send requests for copies of any modified reg - ulations to the attention of Dr. Sean Brady at the ad - dress listed below.

The Department will accept writ - ten comments on the modified regulations for 15 days after the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1098 AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the proposed regulations shown in strikeout and underline format, can be accessed through the Department’s website at: http://www.cdfa.ca.gov/ahfss/regulations.html, or by contacting the person named below in this Notice.

CONTACT PERSONS Inquiries and any written comments concerning this proposal are to be addressed to the following: Sean Brady, DVM Department of Food and Agriculture Animal Health and Food Safety Services Animal Blood Banks 1220 N Street, Sacramento, CA 95814 Telephone (916) 208–0500 Email: sean.brady@cdfa.ca.gov The backup contact person is: Andrew Halbert Department of Food and Agriculture Animal Health & Food Safety Services 1220 N Street, Sacramento, CA 95814 Telephone: (916) 900–5372 Email: andrew.halbert@cdfa.ca.gov TITLE 10.

HEALTH BENEFIT EXCHANGE SHOP ELIGIBILITY AND ENROLLMENT The California Health Benefit Exchange/Covered California (the Exchange) Board proposes to adopt the regulations described below after considering all comments, objections, and recommendations regard - ing the proposed action. PUBLIC HEARING The Exchange has not scheduled a public hearing on this proposed action. However, the Exchange will hold a hearing if it receives a written request for a public hearing, pursuant to Government Code

Section 11346.8(a), from any interested person, or such per - son’s duly authorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or such person’s duly autho- rized representative, may submit written statements, arguments, or contentions (hereafter referred to as comments) relevant to the proposed regulatory action to the Exchange. The written comment period clos - es on October 20, 2025. The Exchange will consider only comments received at the Exchange’s office by that time.

Submit written comments to: Jameson Mitchell Regulations Analyst California Health Benefit Exchange 1601 Exposition Blvd. Sacramento, CA 95815 Comments may also be submitted by email to regulations@covered.ca.gov. AUTHORITY AND REFERENCE Government Code

Section 100504(a) (6) authorizes the California Health Benefit Exchange/Covered Cal - ifornia (the Exchange) Board to adopt rules and regu - lations, as necessary. The proposed regulations imple- ment, interpret, and make specific Title 10, Califor - nia Code of Regulations,

Chapter 12,

Article 6, Sec - tions 6520 and 6522. They also implement, interpret, and make specific the policies and requirements of the federal Patient Protection and Affordable Care Act of 2010 (Pub. Law 111–148), as amended by the federal Health Care and Education Reconciliation Act (Pub. Law 111–152) and Title 45, Code of Federal Regula - tions (CFR)

Section 155.700 and following. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations Under the federal Patient Protection and Affordable Care Act (PPACA), each state is required, by January 1, 2014, to establish an American Health Benefit Ex - change that makes available qualified health plans to qualified individuals and small employers. Existing state law, the California Patient Protection and Afford- able Care Act (Gov. Code, § 100500 et seq.), estab - lished the California Health Benefit Exchange within state government, and it specifies the powers and du - ties of the executive board of the Exchange, also re - ferred to as Covered California.

Within the Exchange, California established its own Small Business Health Options Program (SHOP) or “CCSB.” Government Code

Section 100504(

a) authorizes the Exchange to adopt rules and regulations, as neces - sary to execute the requirements under the PPACA. The Exchange implemented regulations in the Califor- nia Code of Regulations, Title 10,

Section 6400 and following. These regulations include the policies and procedures related to eligibility, verification, and en - rollment of individuals and small business employ -

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1099 ees. Additionally, Title 45,

Section 155.700 et seq. of the Code of Federal Regulations requires states estab- lishing a SHOP to provide policies and procedures for eligibility determination and redetermination, enroll - ment in qualified health plans, and verification of in - formation processes for the SHOP. The Exchange is proposing to amend the regulations in Title 10, California Code of Regulations, Sections 6520 and 6522 to implement and clarify the eligibili - ty requirements and verification process related to en- rollment for coverage through CCSB for small busi - ness employers, employees, and their dependents.

Objectives and Anticipated Benefits of the Proposed Rulemaking The broad objectives of this proposed regulatory ac- tion are to: ● Provide clarity to small employers of what infor - mation is required to apply for and provide health coverage through CCSB to their employees and their dependents; ● Reduce administrative burdens for qualified small employers enrolling or re–enrolling quali - fied employees and their dependents for coverage through CCSB; ● Provide clarity to participating small employers of the minimum participation requirements to maintain eligibility for coverage through CCSB; and, ● Ensure consistency with federal and state law.

Anticipated benefits of the proposed action include non–monetary benefits to the protection of public health and safety, worker safety, the environment, the prevention of discrimination, or the promotion of fair- ness or social equity.

This includes: ● Providing small employers and the public with clear guidelines on how qualified employees who waive health coverage through CCSB will be counted when determining whether the employer meets the minimum participation rules. ● Simplifying the verification process for eligibility determinations through CCSB. ● Providing structure for the Exchange to give predictable and clear standards to the public and qualified employers now and into the future. ● Establishing clear guidelines for the public re - garding eligibility, enrollment, and verification of SHOP coverage. ● Aligning California’s regulations with federal law and complying with state law. ● Reducing health care costs for Californians. ● Providing increased health care access to the pub- lic in California; and, ● Ultimately, helping to save lives and increase the health of the public in California.

Evaluation Regarding Inconsistency/Incompatibility with Existing State Regulations After an evaluation of current regulations, the Ex - change has determined that these proposed regulations are not inconsistent or incompatible with any existing state regulations. This Evaluation included a review of the laws that regulate the Exchange and specifically those statutes and regulations related to health insur - ance. Exchange staff also conducted an internet search of other state agency regulations.

Several California statutes and regulations govern health insurance and notably include provisions affect- ing the Exchange in the Government Code, the Health and Safety Code, and the Insurance Code. The Ex - change has made its best effort to conform its regu - lations to State law and does not know of any State statutes or regulations conflicting with these proposed regulations. DOCUMENTS TO BE INCORPORATED BY REFERENCE None.

DISCLOSURES REGARDING THE PROPOSED ACTION The Executive Director of the California Health Benefit Exchange has made the following initial determinations: Matters Prescribed by Statute Applicable to the Agency or to Any Specific Regulation or Class of Regulations None. Mandate on Local Agencies or School Districts None. The Executive Director of the California Health Benefit Exchange has determined that this pro- posed regulatory action does not impose a mandate on local agencies or school districts.

Cost to Any Local Agency or School District Which Must Be Reimbursed in Accordance with Government Code Sections 17500 through 17630 None. This proposal does not impose costs on any local agency or school district for which reimburse - ment would be required pursuant to

Part 7 (commenc- ing with

Section 17500) of Division 4 of the Govern - ment Code. Costs or Savings to State Agencies The proposal results in additional costs to the Cali - fornia Health Benefit Exchange, which is currently fi- nancially self–sustaining. The proposal does not result in any costs or savings to any other state agency. Costs or Savings in Federal Funding to the State The proposal results in additional costs to the Cali - fornia Health Benefit Exchange, which is currently fi- nancially self–sustaining and is not funded by federal

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1100 grant money. There is no other impact on federal fund- ing to the state as a result of these regulations. Other Nondiscretionary Costs or Savings Imposed on Local Agencies None. Significant Effect on Housing Costs None.

Effect on Small Business The proposal results in an effect on participating small businesses with 1–100 employees statewide by clarifying the verification and eligibility procedures for applying for coverage and enrolling employees and their dependents in qualified health plans in the small business marketplace for health insurance through the Exchange. The proposed regulations would not im - pose any financial burden on small businesses or cre - ate new requirements for enrollment. The proposed regulations do not create or expand small businesses within the State of California.

There are no jobs cre - ated or eliminated from this proposal. The proposed regulations do not create or expand the operations of any small businesses. Significant, Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States None. Known Cost Impacts on a Representative Private Person or Business The Exchange 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. Business Reporting Requirement None.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Exchange concludes regarding the proposed regulations:

(1) They are unlikely to create or eliminate jobs in the State;

(2) They are unlikely t o c r e a t e o r e l i m i n a t e b u s i- nesses in the State;

(3) They are unlikely to impact the expansion of businesses currently doing business in California;

(4) They are likely to provide benefits to the health and welfare of California residents; and,

(5) They are unlikely to provide benefits to worker safety and the state’s environment. Benefits of the regulations, including, but not limited to, benefits to the health, safety, and welfare of California residents, worker safety, and the state’s environment and quality of life, among any other benefits identified by the agency The proposed regulations will benefit California employees and their dependents who apply for health benefits through the Exchange. The proposed regula - tions will benefit small employers with 1–100 employ- ees by reducing verification burdens for eligibility de- terminations.

It will benefit the public by clarifying the criteria and process for eligibility determinations, en - rollment, and the verification process through CCSB. It will make quality health care available to all Cali - fornians and provide the public with clear standards and eligibility requirements to apply for and enroll in qualified health plans through the Exchange. It will in- crease access to affordable health coverage, which will help save lives and improve the health of the public in California. This proposed regulatory action will not affect worker safety and the state’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5, subdivision (a) (13), the Exchange must de - termine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the Exchange would be more effective in carrying out the purpose for which the action is pro - posed, or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law.

The Exchange invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Jameson Mitchell Regulations Analyst California Health Benefit Exchange 1601 Exposition Blvd. Sacramento, CA 95815 Telephone: (916) 954–3372 The back–up contact person for inquiries concern - ing the proposed administrative action may be direct - ed to: Crystal Hirst Attorney III

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1101 California Health Benefit Exchange 1601 Exposition Blvd. Sacramento, CA 95815 Telephone: (916) 228–8313 Please direct questions regarding the proposed text of the regulations, the Initial Statement of Reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to Jameson Mitchell at the above contact information.

AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE The Exchange will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above ad - dress. As of the date this notice is published in the No- tice Register, the rulemaking file consists of this no - tice, the proposed text of the regulation, and the Ini - tial Statement of Reasons. Copies may be obtained by contacting Jameson Mitchell at the address or phone number listed above.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After the hearing, if one is held, and after consid - ering all timely and relevant comments received, the Exchange may adopt the proposed regulations sub - stantially as described in this notice. If the Exchange makes modifications that are sufficiently related to the originally proposed text, it will make the modified text available to the public at least 15 days before the Ex - change adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Jameson Mitchell at the address indicated above.

The Exchange will accept written comments on the modified regulations for 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Jameson Mitchell at the above address. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemak - ing, the Initial Statement of Reasons, and the pro - posed text of the regulations in underline and strikeout can be accessed through our website at http://hbex.coveredca.com/regulations/ TITLE 12.

DEPARTMENT OF VETERANS AFFAIRS HOME LOANS UPDATE NOTICE IS HEREBY GIVEN that the California Department of Veterans Affairs (“CalVet”) is propos- ing to take the action described in the Informative Di- gest after considering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING CalVet will not hold a public hearing. The Depart - ment has not scheduled a public hearing. However, any interested person or his or her authorized repre - sentative may request a hearing no later than fifteen (15) calendar days prior the end of the written com - ment period.

Submit a request to Phil McAllister at the address below. WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulatory action to CalVet. The written comment period closes on October 20, 2025 . CalVet will consider only comments received by that date. Comments may be submitted by facsim - ile (FAX) at (916) 653–2456 or by email to phil.mccallister@calvet.ca.gov.

Mailed comments can be submitted to: Phil McAllister, Regulatory Actions Coordinator California Department of Veterans Affairs 1227 O Street, Suite 300 Sacramento, California 95814 AUTHORITY AND REFERENCE Military and Veterans Code

section 700 authorizes CalVet to adopt this proposed regulation amendment and also the statutes being implemented, interpreted, and made specific. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW A. Policy Statement Overview The purpose of these proposed revisions to exist - ing regulations is to correct existing errors, remove or update obsolete language, allow for process refine - ments based on technological advances and/or indus - try best practices, and to more accurately reflect the current configuration and operation of CalVet Home Loans and its staff.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1102 B. Informative Digest Several changes are being made to the text of the reg- ulations that do not substantially impact the require - ments contained in the regulations. These are typical - ly naming conventions and other changes that do not impact services or public interaction with CalVet. The necessity for the areas being changed are noted be - low. General grammatical changes have been correct- ed and are noted in the explanation of text changes be- low.

These changes will be followed with more sub - stantial updates to process and requirements in future proposed regulations amendments. CalVet Abbreviation The common abbreviation for the California De - partment of Veterans Affairs “Cal–Vet” or “CalVet” has been standardized within Title 12 of the California Code of Regulations and in Department publications to “CalVet.” Veterans searching for the Department of Veterans Affairs may be confused or may mistake an- other organization for the Department due to the name change, and the large number of veterans’ support or - ganizations that exist.

We have amended the regula - tions to correct name to “CalVet” to maintain con - sistency with existing Department naming conven - tion. This amendment is proposed in order to correct - ly identify the California Department of Veterans Af - fairs abbreviated name used in marketing, promotion- al materials, and on the CalVet website. This amend - ment will allow veterans and their families find the Department and its programs more easily and avoid frustration in identifying the Department among the many organizations offering services to veterans.

This change was also made where the term “the Division” actually referred to CalVet, rather than to the Division of Farm and Home Loans. Division of Farm and Home Loans Naming Convention The naming convention of the Division the man - ages the Farm and Home Loan program has changed since the regulations have gone into effect. Veterans searching for a farm or home loan may not find the program due to the name change. Also, “the Depart - ment” is used to refer to the Division of Home Loans. This causes confusion with veterans who are looking for the specific program.

We have amended the reg - ulation to change the name of the “Division of Farm and Home Purchases” to “Division of Home Loans,” which is the current naming convention for the pro - gram. Also, “the Department” was changed to “the Division of Home Loans”. This amendment is pro - posed in order to more accurately describe the ac - tivities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

This amendment will allow veterans and their families find the Farm and Home Loan program more easily, and avoid frus- tration in identifying the program among the many programs offered to veterans. District Office Elimination District Offices that once assisted homeowners with the Home Loan Program are being eliminated due to changes in technology and lending practices. Techno- logical changes have made physical delivery of docu - ments and other forms unnecessary. These items can now be sent electronically, however, the regulations still refer to the offices.

This can create frustration for veterans looking for the correct method of filing their documents. We are amending the regulations to elim - inate mention of the District Offices that once assist - ed homeowners with the Home Loan Program. This amendment is necessary to ensure veterans and their families understand the correct method of filing forms and documents. By removing references to “District Offices” operated by the Division of Home Loans we can eliminated any confusion and frustration veterans may have in submitting required information.

Registered Partner Addition Registered Domestic Partner has become a legally– accepted term for equating to “spouse,” and is not re - flected in the current regulations. We have amended the regulations to add Registered Domestic Partner so that “Applicant” is also included. This amendment is proposed so that the term “Applicant” includes all per- sons legally equating to “spouse.” Defined Terms Several terms, defined in these regulations, are not capitalized. Conversely, several terms that are not de - fined are capitalized.

We have also capitalized each of the defined terms, and removed capitalization from those that are not defined, to correct the error. The capitalization of the defined terms is proposed to cor - rectly identify them in the text. Deferred Payment Program Designation The word “program,” meaning the Deferred Pay - ment Program in this case, is used in several differ - ent contexts within these regulations, causing poten - tial confusion regarding the meaning. We deleted the word “Program” and replaced it with “DPP”.

Replac - ing the word “Program” with “DPP” clarifies the use as representing the “Deferred Principle Payment” program.

Section 100(a): The name of the “Division of Farm and Home Purchases” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotion- al materials, and on the CalVet website.

Section 100(c): Reference to “District Offices” op - erated by the Home Loan Division has been eliminat - ed as the division no longer maintains District Offices.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1103

Section 100(d): “Cal–Vet” is currently incorrect - ly formatted in regulation. Corrected formatting to “CalVet” throughout document. Also, the definition of “CalVet” was corrected to indicate that the abbrevia - tion applies to the department, not to programs or in - dividual veterans.

Section 100(e): “Cal–Vet” is currently incorrectly formatted in the definition. Corrected formatting to “CalVet.” Also, capitalization was corrected for the defined term.

Section 100(f): “Cal–Vet” is currently incorrectly formatted in regulation. Also, capitalization was cor - rected for the defined term. The name of the “Division of Farm and Home Purchases” has been modified to “Home Loan Division” in order to more accurately de- scribe the activities of the division and to more closely reflect the public–facing name used in marketing, pro- motional materials, and on the CalVet website.

Section 100(g): Capitalization was corrected for the defined term.

Section 100(h): “Cal–Vet” is incorrectly format - ted in the definition. The formatting was corrected to “CalVet.”

Section 100(i): The definition of “Applicant” was expanded to include not only the veteran’s spouse but also, when applicable, a Registered Domestic Partner. The addition of Registered Domestic Partner is made throughout the document whenever a veteran’s spouse is referenced.

Section 300: The name of the “Division of Farm and Home Purchases” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotion- al materials, and on the CalVet website.

Section 300.1: “Cal–Vet” is incorrectly format - ted in this section. The formatting was corrected to “CalVet.”

Section 300.1(a)7: “To Be Determined” was re - placed with the correct end date in accordance with federal requirements.

Section 300.1(a)8: “To Be Determined” was re - placed with the correct end date in accordance with federal requirements.

Section 300.1(c): The term “the Division” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the Cal - Vet website.

Section 300.6(a): “Cal–Vet” is currently incorrect - ly formatted in this section. Corrected formatting to “CalVet.”

Section 300.6(b): The term “the Division” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 302(a): The name of the “Division of Farm and Home Purchases” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotion- al materials, and on the CalVet website. References to district or satellite offices were removed as the divi - sion no longer operates these locations.

Section 302(b): The name of the “Division of Farm and Home Purchases” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely re - flect the public–facing name used in marketing, pro - motional materials, and on the CalVet website. Also, “Cal–Vet” is currently incorrectly formatted in this section. Corrected formatting to “CalVet.”

Section 302(c) : The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website. Capitalization was corrected for two terms. “Cal–Vet” is currently incorrectly formatted in this section. Corrected formatting to “CalVet.”

Section 302.1(a): The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 302.1(b): The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 302.1(c): The name of the “Division of Farm and Home Purchases” has been modified to “Home Loan Division” in order to more accurate - ly describe the activities of the division and to more closely reflect the public–facing name used in market- ing, promotional materials, and on the CalVet website. “Cal–Vet” is currently incorrectly formatted in this section. Corrected formatting to “CalVet.”

Section 302.1(d): “USDVA” was modified to “Unit- ed States Department of Veterans Affairs (USDVA)” to increase clarity of the entity being specified.

Section 302.2(a): “the Department” was modified to “CalVet” to increase specificity.

Section 302.2(b): The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1104 used in marketing, promotional materials, and on the CalVet website. “Cal–Vet” is currently incorrect - ly formatted in this section. Corrected formatting to “CalVet.”

Section 302.2(c): The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 302.2(e): The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 302.2(g): “The Department” was changed to “CalVet” for consistency. “Cal–Vet” is currently in- correctly formatted in this section. Corrected format - ting to “CalVet.” “Contract Holder” was capitalized as a defined term.

Section 302.3: “The Department” was changed to “CalVet” in the

section title for consistency.

Section 302.3(a): “The Department” was changed to “CalVet” for consistency.

Section 302.3(a) (3): The reference to “the Depart - ment” was changed to the “Home Loan Division” to increase specificity. The word employee was clari - fied to mean “CalVet employee.” The “Secretary” was clarified to mean the “CalVet Secretary,” not the divi- sion Secretary.

Section 303(a): The name of the “Division of Farm and Home Purchases” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotion- al materials, and on the CalVet website.

Section 303(b): “Cal–Vet” is currently incorrect - ly formatted in this section. Corrected formatting to “CalVet.”

Section 303(c): The language referring to local (dis- trict) offices was deleted as the division will no longer maintain these locations. The term “the Division” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 305.1(b): “Cal–Vet” is currently incorrect - ly formatted in this section. Corrected formatting to “CalVet.”

Section 305.1(c): “Cal–Vet” is currently incorrect - ly formatted in this section. Corrected formatting to “CalVet.”

Section 305.1(d): “Cal–Vet” is currently incorrect - ly formatted in this section. Corrected formatting to “CalVet.”

Section 305.1(e): “Cal–Vet” is currently incorrect - ly formatted in this section. Corrected formatting to “CalVet.”

Section 305.2(a): “Cal–Vet” is currently incorrect - ly formatted in this section. Corrected formatting to “CalVet.”

Section 305.2(b): “Cal–Vet” is currently incorrect - ly formatted in this section. Corrected formatting to “CalVet.”

Section 305.2(c): “Cal–Vet” is currently incorrect - ly formatted in this section. Corrected formatting to “CalVet.”

Section 309: “Cal–Vet” is incorrectly format - ted in this section. The formatting was corrected to “CalVet.” The term “the Department” has been mod - ified to “Home Loan Division” in order to more ac - curately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 309.1: The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 309.2: The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website. “if married” was modified to “Register Do - mestic Partner” in accordance with the expanded de - fined term. Capitalization was corrected for one term.

Section 309.4(a): The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 309.4(c): The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 309.5(a): The definition of “Applicant” was expanded to include not only the veteran’s spouse but also, when applicable, a Registered Domestic Partner.

Section 309.5(b): The definition of “Applicant” was expanded to include not only the veteran’s spouse but also, when applicable, a Registered Domestic Partner.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1105

Section 309.5(d) (1): The definition of “Applicant” was expanded to include not only the veteran’s spouse but also, when applicable, a Registered Domestic Partner.

Section 309.5(d) (2): “Cal–Vet loan” is incorrectly formatted in this section. The formatting was correct - ed to “CalVet Loan.”

Section 309.5(d) (3): “Cal–Vet loan” is incorrectly formatted in this section. The formatting was correct - ed to “CalVet Loan.”

Section 309.6: “Cal–Vet loan” is incorrectly for - matted in this section. The formatting was corrected to “CalVet Loan.” The definition of “Applicant” was expanded to include not only the veteran’s spouse but also, when applicable, a Registered Domestic Partner. The word “which” was replaced with “that” to correct a grammatical error.

Section 309.6(b): “Self Employment” was changed to “Self–Employment” to correct a grammatical error.

Section 309.7: The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 310: “(DPP)” was added to the title to clar- ify it use through the section.

Section 310(a): The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website. “Deferred Principal Payment” was modified to “DPP” to maintain consistency.

Section 310(c): “DPP” was added before the word “Program” was to clarify the term and maintain consistency.

Section 310(e): The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 310(f): The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 310.1: “of Deferment Periods” was added to the title to clarify the intent of the section.

Section 310.1(b): The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 310.2(a): The first use of the term “the De - partment” was removed as unnecessary. The word “Program” was clarified to mean Deferred Principal Payment (“DPP”) program. The term “the Depart - ment” was changed to “CalVet” for sake of consistency.

Section 310.2(b): The word “Program” was clari - fied to mean Deferred Principal Payment (“DPP”) pro- gram. The term “the Department” has been modified to “Home Loan Division” in order to more accurate - ly describe the activities of the division and to more closely reflect the public–facing name used in market- ing, promotional materials, and on the CalVet website.

Section 310.2(c): The word “Program” was clari - fied to mean Deferred Principal Payment (“DPP”) pro- gram. The term “the Department” has been modified to “Home Loan Division” in order to more accurate - ly describe the activities of the division and to more closely reflect the public–facing name used in market- ing, promotional materials, and on the CalVet website.

Section 310.2(d): “Program” was clarified to mean Deferred Principal Payment (“DPP”) program. The definition of “Applicant” was expanded to include not only the veteran’s spouse but also, when applicable, a Registered Domestic Partner.

Section 310.2(e): “Program” was clarified to mean Deferred Principal Payment (“DPP”) program.’

Section 310.2(g): “Cal–Vet” is incorrectly format - ted in this section. The formatting was corrected to “CalVet.” The definition of “Applicant” was expanded to include not only the veteran’s spouse but also, when applicable, a Registered Domestic Partner.

Section 310.2(h): “Cal–Vet” is incorrectly format - ted in this section. The formatting was corrected to “CalVet.” “Program” was clarified to mean Deferred Principal Payment (“DPP”) program.

Section 310.2(i): Capitalization was corrected for the defined term. “The Department” was changed to “CalVet” for sake of consistency.

Section 322: “ The Division” has been modified to “Home Loan Division” in order to more accurately de- scribe the activities of the division and to more close - ly reflect the public–facing name used in marketing, promotional materials, and on the CalVet website. The word “a” was moved to correct a grammatical error. “The Department” was changed to “CalVet” for sake of consistency.

Section 341: “Cal–Vet” is incorrectly formatted in this section. The formatting was corrected to “Cal - Vet.” “The Department” was changed to “CalVet” for sake of consistency. The “Division of Farm and Home Purchases” was modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1106 on the CalVet website. The term “the Department” has been modified to “CalVet” for the sake of consistency.

Section 342: “Cal–Vet loan” is incorrectly format - ted in this section. The formatting was corrected to “CalVet Loan.” The word “Department” was changed to “CalVet” in

section title for consistency.

Section 342(a): The word “applicant” was added as the definition of “Applicant” was expanded to include not only the veteran’s spouse but also, when applica - ble, a Registered Domestic Partner.

Section 342(b): The definition of “Applicant” was expanded to include not only the veteran’s spouse but also, when applicable, a Registered Domestic Partner.

Section 342(c): “Cal–Vet loan” is incorrectly for - matted in this section. The formatting was corrected to “CalVet Loan.” The definition of “Applicant” was expanded to include not only the veteran’s spouse but also, when applicable, a Registered Domestic Partner. “The Department” was changed to “Home Loan Divi- sion” to add specificity.

Section 342(d): “The Department” was changed to “CalVet” for sake of consistency. The name of the “Department” has been modified to “Home Loan Di - vision” in order to more accurately describe the ac - tivities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 343: “Cal–Vet loan” is incorrectly format - ted in this section. The formatting was corrected to “CalVet Loan.” The word “actually” was removed as superfluous. The term “Cal–Vet farm or home” was modified to “CalVet loan property” to clarify the meaning of the term.

Section 343.1(a): The word “departmental” was changed to the term “Home Loan Division” to add specificity. The term “the Regional” was modified to “an authorized” Manager as the regional office will not longer exist.

Section 343.1(b): “The Department” was changed to “Home Loan Division” to add specificity.

Section 343.1(b) (6): “The Department” was changed to “Home Loan Division” to add specificity.

Section 344: “Cal–Vet loan” is incorrectly format - ted in this section. The formatting was corrected to “CalVet Loan.” “Contract Holder” was capitalized as a defined term. “Loan Contract” was capitalized as a defined term. “The Department” was changed to “Home Loan Division” to add specificity.

Section 344.1: The word “Department” was changed to “CalVet” in

section title for consistency. “Contract Holder” was capitalized as a defined term. “The Department” was changed to “Home Loan Divi- sion” to add specificity.

Section 344.2: The word “Department” was changed to “CalVet” in

section title for consistency.

Section 344.3: The word “Department” was changed to “CalVet” in

section title for consistency.

Section 344.3(a): The word “Department” was changed to “CalVet” in

section title for consistency. “Contract Holder” was capitalized as a defined term.

Section 344.3(b)&(c): The word “Department” was changed to “CalVet” in

section title for consistency.

Section 344.5: The word “Department” was changed to “CalVet” in

section title for consistency. “Contract Holder” was capitalized as a defined term.

Section 345(a): The word “Department” was changed to “CalVet” in

section title for consistency. “The Department” was changed to “Home Loan Divi- sion” to add specificity for the entity referenced.

Section 345.1(a): “Cal–Vet” is incorrectly format - ted in this section. The formatting was corrected to “CalVet.”

Section 345.1(b): This sub–section was deleted as District Office structure will no longer exist.

Section 345.1(c): Cal–Vet” is incorrectly format - ted in this section. The formatting was corrected to “CalVet.” “District office” was replaced with “Home Loan Division” as District Office structure will no longer exist.

Section 345.1(d): The “Division of Farm and Home Purchases” was modified to the “Home Loan Divi - sion” in order to more accurately describe the activ - ities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 345.1(e): The term “the Department” has been modified to “Home Loan Division” in order to more accurately describe the activities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website.

Section 345.2(a): The “Division of Farm and Home Purchases” was modified to the “Home Loan Divi - sion” in order to more accurately describe the activ - ities of the division and to more closely reflect the public–facing name used in marketing, promotional materials, and on the CalVet website. The reference to “district office” was removed as the district offices will no longer exist.

Section 345.2(f): “District office” was replaced with “Home Loan Division” as District Office struc - ture will no longer exist.

Section 345.4(a): “District office” was replaced with “Home Loan Division” as District Office struc - ture will no longer exist.

Section 345.4(a) (5): The reference to “the Depart - ment” in the title in this sub–section was changed to “CalVet” for sake of consistency.

Section 345.4(c): “District office” was replaced with “Home Loan Division” as District Office struc -

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1107 ture will no longer exist. “The Division” was changed to “Home Loan Division” to add specificity.

Section 345.4(c) (1): The reference to “the Depart - ment” in the title was changed to “CalVet” for sake of consistency.

Section 345.5: The reference to “the Department” in the title was changed to “CalVet” for sake of consis- tency. “District office” was replaced with “Home Loan Division” as District Office structure will no longer exist.

Section 345.6(a): T h e r e f e r e n c e t o “ t h e D e p a r t- ment” in the title was changed to “CalVet” for sake of consistency.

Section 345.7(a): T h e r e f e r e n c e t o “ t h e D e p a r t- ment” in the title was changed to “CalVet” for sake of consistency. “District office” was replaced with “Home Loan Division” as District Office structure will no longer exist.

Section 345.7(b): T h e r e f e r e n c e t o “ t h e D e p a r t- ment” in the title was changed to “CalVet” for sake of consistency.

Section 360: The reference to “the Department” was changed to “CalVet” for sake of consistency. “The Department” was changed to “Home Loan Division” to increase specificity.

Section 370: “The Department” was changed to “Home Loan Division” to increase specificity. “Cal–Vet” is incorrectly formatted in this section. The formatting was corrected to “CalVet.”

Section 372: “The Department” was changed to “Home Loan Division” to increase specificity. ANTICIPATED BENEFITS OF THE PROPOSED REGULATORY ACTION The proposed regulation would modernize the oper- ations of the Farm and Home Loan Program, and pro- vide clear and consistent language that is easier for the public to understand.

EVALUATION OF INCONSISTENCY OR INCOMPATIBILITY WITH EXITING STATE REGULATIONS After conducting a review for any regulations that relate to or affect this area, CalVet has found that there are no other regulations that concern the CalVet Farm and Home Loan Program, other than those being re - vised. Therefore, the proposed regulations are nei - ther inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION CalVet has made the following initial determinations: Mandate on local agencies and school districts: None.

Cost or savings to any state agency: The proposed regulation does not affect any cost or savings to any state agency. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None.

Cost or savings in federal funding to the state: The proposed regulations modifies language within the ex- isting regulations to bring the operations of the Farm and Home Loan Program in line with current industri- al practices, and does not increase the state’s budget, place pressure on the budget to add funding, or create additional costs. Cost impacts on a representative private person or businesses: CalVet 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 di - rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Significant effect on housing costs: None. RESULTS OF ECONOMIC IMPACT (EIA) ASSESSMENT/ANALYSIS In accordance with Government Code

section 11346.5(a) (10), the results of the EIA (full EIA found in the Initial Statement of Reasons) are as follows: ● The proposed regulations will not create or elim - inate jobs in California. ● The proposed regulations will not create or elim - inate businesses in California. ● The proposed regulations will not affect the ex - pansion of existing businesses in California. BENEFITS OF THE PROPOSED REGULATION The proposed regulation would modernize the oper- ations of the Farm and Home Loan Program, and pro- vide clear and consistent language that is easier for the public to understand.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1108 SMALL BUSINESS DETERMINATION CalVet has determined that the proposed regulation will not affect small business. This proposed regula - tion does not apply to small business in any manner, because the changes do not impact funding or small business in any way. No new funds will be disbursed as a result of these changes. BUSINESS REPORT The proposed regulation does not require a business report.

CONSIDERATION OF ALTERNATIVES CalVet must determine that no reasonable alterna - tive it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is pro - posed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Phil McAllister, Regulatory Actions Coordinator California Department of Veterans Affairs 1227 O Street, Suite 300 Sacramento, California 95818 Telephone: (916) 653–1961 Fax: (916) 653–2456 Email: phil.mcallister@calvet.ca.gov The backup contact person for these inquiries is: Bill Feigles Home Loan Division 1227 O Street, Room 105 Sacramento, CA 95814 Telephone: (916) 651–3045 Fax: (916) 503–8027 Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the ini - tial statement of reasons, the modified text of the reg - ulations, if any, or other information upon which the rulemaking is based to Phil McAllister at the above address.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE CalVet will make the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, the initial statement of reasons. Copies may be obtained by contacting Phil McAllister at the address or phone number listed above.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all time - ly and relevant comments received, CalVet may adopt the proposed regulations substantially as described in this notice. If CalVet makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before CalVet adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Phil McAllister at the address indi - cated above.

CalVet 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 Phil McAl- lister at the above address. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed through our website at https://www.calvet.ca.gov/about–us/ laws–regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1109 TITLE 15. BOARD OF PAROLE HEARINGS RULEMAKING ACTION BPH RN 25–01: CONSULTATIONS; COMMUTATION AND RECALL OF SENTENCE RECOMMENDATION ASSESSMENT PROCESS NOTICE IS HEREBY GIVEN t h a t t h e E x e c u- tive Officer of the Board of Parole Hearings (Board or BPH), under the authority granted by Government Code

section 12838.4 and Penal Code sections 3052 and 5076.2, authorizes the Board to add sections 2267, 2840, 2841, 2842, 2843, 2844, 2845, 2846, 2847, 2848, 2849, 2850, 2851, 2852, 2853, 2854, 2855, 2856, 2857, 2858, and 2859 of the California Code of Regulations, Title 15, Division 2, concerning consultations, and the commutation and recall of sentence recommendation assessment process. PUBLIC WRITTEN COMMENT PERIOD The public comment period begins September 5, 2025, and closes on midnight October 21, 2025.

Any person may submit written comments relevant to the proposed regulations to the Board by mail or email to the contact person listed below. For comments to be considered by the Board, they must be submitted in writing before the close of the comment period. When submitting a comment or inquiry, please identify the action by using the Board’s regulation rulemaking number BPH RN 25–01. PRIMARY CONTACT PERSON Mina Y. Choi, Assistant Chief Counsel Board of Parole Hearings, Legal Division P.O.

Box 4036 Sacramento, CA 95812–4036 Phone: (916) 838–8943 Email: BPH.Regulations@cdcr.ca.gov SECONDARY CONTACT PERSON Christopher Hoeft, Senior Staff Attorney Board of Parole Hearings, Legal Division P.O. Box 4036 Sacramento, CA 95812–4036 Phone: (916) 838–8943 Email: BPH.Regulations@cdcr.ca.gov PUBLIC HEARING SCHEDULED The Board will conduct a public hearing regarding the proposed regulations on October 30, 2025, begin - ning at 9.00 a.m. PST. The hearing will proceed until all oral comments are submitted or until 11:00 a.m. PST, whichever is later.

The purpose of the hearing is to receive comments about the proposed regulations. It is not a forum to debate the proposed regulations. No decision regard - ing the permanent adoption of these regulations will be made at the conclusion of this hearing. The Board is not required to, and will not, provide responses to comments at the public hearing. However, pursuant to Government Code

section 11346.8, subdivision (a), the Board will consider all relevant matters presented before further adopting, amending, or repealing any regulation. The Board will include a response to all timely–submitted comments in its final rulemaking package submitted to the Office of Administrative Law. The public may participate in the hearing remotely or in person.

For those who wish to attend remotely, they may do so via the Microsoft Teams online meet - ing platform or telephone conferencing. ● To participate via the Microsoft Teams on - line meeting platform, please use this link, https://tinyurl.com/BPHPublicHearing2501.

A link to the meeting will also be posted on the Board’s website at https://www.cdcr.ca.gov/bph/ statutes/reg–revisions/, under the heading “Pub - lic Hearings on Pending Changes to Board Reg - ulations.” If prompted to enter a videoconference ID, the videoconference ID for this meeting is 116 691 906 9. ● To participate by telephone, call (916) 701–9994 and enter Conference ID: 549 547 906#. For those who wish to attend the hearing in person, limited seating will be available in Room 550, located at 1515 K Street, Sacramento, CA 95814. This hear - ing site is accessible to persons with mobility disabil - ities.

For disability accommodations, please contact the Board’s disability coordinators by phone at (279) 300–5755 or email at BPH.ADAUNIT@cdcr.ca.gov at least five working days before the hearing. Government Code

section 11346.8, subdivision (a), states, “If a public hearing is held, both oral and writ - ten statements, arguments, or contentions, shall be permitted.” At the October 30, 2025 hearing, any per- son may present, pursuant to the procedures set forth below, an oral or written statement or argument rele - vant to this proposed rulemaking action, the proposed regulatory text, or any rulemaking procedures. During the public hearing, the Board shall accept any oral statement, argument, or contention expressed by the public during the hearing. Government Code

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1110

section 11346.8, subdivision (a), states “the agency may impose reasonable limitations on oral presenta - tions.” The Board limits oral comments to two min - utes per speaker. Participants will be given instruc - tions on how to provide oral comment at the start of the meeting. The Board requests, but does not require, that persons who will make oral comments at the hear- ing also submit a written copy of their comments via email to BPH.Regulations@cdcr.ca.gov.

Additionally, in accordance with subdivision (a), the Board will accept any written comment sub - missions from the public received via email to BPH.Regulations@cdcr.ca.gov on the day of the pub - lic hearing between 9:00 a.m. PST and 11:00 a.m. PST. AUTHORITY AND REFERENCE Government Code

section 11126 authorizes the Board to hold a closed session executive board meet - ing to consider or act upon a Board decision concern - ing an incarcerated person. Government Code

section 12838.4 vests the Board with all the powers, duties, responsibilities, obliga - tions, liabilities, and jurisdiction of the Board of Pris - on Terms and Narcotic Addict Evaluation Authority, which no longer exist. Penal Code

section 1172.1 authorizes the Board to recommend an incarcerated person to a sentencing court for a recall of sentence and resentencing. Penal Code

section 3041 requires the Board pro - vide an incarcerated person with a consultation during the sixth year before their minimum eligible parole date. The purpose of the consultation is to review and document the incarcerated person’s activities and con- duct relevant to the person’s suitability for parole. Ad- ditionally, the Board is required to provide the incar - cerated person with information about the parole hear- ing process and recommendations concerning their work assignments, rehabilitative programs, and insti - tutional behavior. Penal Code

section 3051 requires the Board pro - vide an incarcerated person who qualifies as a youth - ful offender with a consultation as described in Penal Code

section 3041. Penal Code

section 3052 generally vests the Board with the authority to establish and enforce rules and regulations under which incarcerated persons com - mitted to state prisons may be allowed to go upon pa - role outside of prison when eligible for parole. Penal Code

section 3055 requires the Board pro - vide an incarcerated person who qualifies as an elder - ly offender with a consultation as described in Penal Code

section 3041. Penal Code

section 4801 authorizes the Board to report to the Governor the names of incarcerated per - sons who, in its judgment, should receive a commuta- tion of sentence. Penal Code

section 5076.2 requires the Board to promulgate, maintain, publish, and make available to the general public a compendium of its rules and regulations. SPECIFIC AGENCY STATUTORY REQUIREMENTS There are no other statutory requirements specific to the Board or to any specific regulation or class of regulations promulgated by the Board. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Consultations: On September 16, 2013, the Gover- nor approved Senate Bill 260 (2013–2014 Reg. Sess.), which amended Penal Code

section 3041 to require the Board to conduct a consultation with an incarcer - ated person during the sixth year prior to their min - imum eligible parole date (MEPD). This proposed rulemaking includes draft regulations on the consul - tation process. The purpose of the consultation is to review and document the incarcerated person’s activities and con- duct pertinent to their parole eligibility.

The hearing officer shall provide the incarcerated person with in - formation about the parole hearing process, legal fac - tors relevant to their suitability or unsuitability for pa- role, and individualized recommendations for the in - carcerated person regarding their work assignments, rehabilitative programs, and institutional behavior. Prior to 2014, an incarcerated person serving a sentence of life with the possibility of parole had an MEPD that triggered the date they would be eligible for a parole hearing.

Now, the date an incarcerated person is eligible for a parole hearing can be triggered by the MEPD, youth parole eligible date (YPED), el - derly parole eligible date (EPED), or nonviolent pa - role eligible date (NPED), whichever date entitles the incarcerated person to the earliest possible hearing. Therefore, the Board schedules the person’s consulta- tion based on the date the person is first eligible for a parole hearing. This rulemaking outlines the consultations process and clarifies that an incarcerated person will be sched- uled for a consultation based on their earliest parole el- igible date.

Also at the consultation, the hearing officer will be able to consider whether to refer the incarcer - ated person for a Commutation and Recall of Sentence (C&

R) hearing, as part of the C&R Recommendation Assessment Process described below. Commutation and Recall of Sentence Recom - mendation Assessment Process: In addition to regu-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1111 lating the consultation process, this rulemaking action seeks to create one process for the Board to exercise its existing authority under Penal Code

section 4801 to recommend incarcerated persons for commutation of sentence to the Governor and Penal Code

section 1172.1 to recommend incarcerated persons for recall of sentence and resentencing to the sentencing court. These regulations establish a process for the Board to exercise its existing authority to make recommen - dations to both the Governor for commutations and to sentencing courts for recall and resentencing. By pro - mulgating these regulations, it will be clear to the pub- lic who will be considered for a recommendation, what the process will be, and the criteria that will be consid- ered.

In doing so, the Board will create a transparent and equitable process by which eligible incarcerated persons will be reviewed and considered by the Board and during which victims and law enforcement have the opportunity to meaningfully participate. This rulemaking also creates procedures for the Board to review and evaluate eligible incarcerated persons for possible recommendation for commuta - tion and recall of sentence, which includes persons with sentences longer than 25 years. In doing so, it creates a two–step process for considering eligible in- carcerated persons for these recommendations.

First, eligible incarcerated persons meet with a Board hear - ing officer at a C&R review. At the review, the hear - ing officer will determine whether the incarcerat - ed person is a suitable candidate, based on the crite - ria established in this rulemaking package, to refer to the second step, a C&R hearing. After a referral, and subject to additional procedural steps, the Board will conduct the incarcerated person’s hearing within one year.

After a referral, the California Department of Corrections and Rehabilitation’s Office of Victim and Survivor Rights and Services (OVSRS) will be noti - fied to assist with outreach to victims, victims’ next of kin, and victims’ family members (collectively re - ferred to as victims) prior to the C&R hearing. Regis - tered victims and prosecuting agencies will be noti - fied of any C&R hearing and provided information on how to participate.

The proposed rulemaking provides victims with an opportunity to meaningfully partic - ipate in the Board’s process, which is similar to vic - tims’ opportunity to participate in the parole suitabil - ity hearing process. Victim participation ensures that the C&R hearing panel has the relevant information they need to make their decision.

Procedures in the proposed regulations identify who is eligible for C&R reviews by the Board, the informa- tion the Board will consider when determining wheth- er a person should receive a C&R hearing, the process associated with a C&R hearing, and the standard the Board will apply when determining whether to rec - ommend an incarcerated person for commutation and recall of sentence. Any recommendation made by the hearing panel under this process is called a “commuta- tion and recall of sentence recommendation,” and re - sults in a recommendation to the Governor and sen - tencing courts.

DOCUMENTS INCORPORATED BY REFERENCE None. ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS Consultations: The proposed regulations set forth clear guidelines on the consultation process, including the timeline and eligibility criteria for a consultation and details of how a commissioner conducts consul - tations. These regulations will increase the incarcer - ated person’s understanding of the consultation pro - cess, which will likely allow them to better prepare for, participate in, and integrate the guidance they re - ceive during the consultation.

C&R Regulations: The proposed rulemaking will create a transparent and equitable process for the Board to exercise its statutory authority to recommend incarcerated persons to the Governor and the sentenc- ing court for commutation and recall of sentence. Ad- ditionally, the proposed regulations may incentivize engagement in rehabilitation, which will increase the safety of all who live and work in Department of Cor- rections and Rehabilitation institutions.

The proposed hearing process will provide victims and prosecutors with a consistent and timely oppor - tunity to participate in the C&R recommendation as - sessment process before a recommendation is made. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS, STATE STATUTES, OR FEDERAL STATUTES Pursuant to Government Code

section 11346.5, sub- division (a) (3) (D), the Board has determined the pro - posed regulations are not inconsistent or incompatible with existing state regulations, state statutes, and fed - eral statutes. After conducting a review for any reg - ulations that would relate to or affect this area, the Board has concluded that these are the only regula - tions that concern the commutation and recall of sen - tence recommendation assessment process. Existing regulations mention consultations; however, these reg- ulations are not inconsistent or incompatible with this proposed rulemaking.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1112 MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS This rulemaking action does not impose a mandate on local agencies or school districts, or a mandate re - quiring reimbursement of costs or savings pursuant to Government Code sections 17500 through 17630.

FISCAL IMPACT STATEMENT ● Cost or savings to any state agency: For the Board of Parole Hearings, approximately $712,083.36 will be absorbed within existing budgets and re - sources starting in fiscal year 2026–2027 and ap- proximately $175,605.32 will require additional funding starting fiscal year 2027–2028 and will be ongoing.

For Case Records Services of the California Department of Corrections and Reha - bilitation, approximately $50,239.90 of overtime costs in fiscal year 2026–2027 will require addi - tional funding, approximately $120,216.00 for a limited two–year term employee starting fiscal year 2026–2027 will require additional funding, and approximately $27,432.05 of overtime costs will require additional funding starting fiscal year 2027–2028 and be ongoing. ● 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 Board has determined that the proposed action will have no effect on housing costs. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The Board is not aware of any cost impacts a repre- sentative private person or business would necessari - ly incur in reasonable compliance with the proposed action.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The Board has determined the proposed regulations will not have a significant statewide adverse econom - ic impact directly affecting businesses, including the ability of California businesses to compete with busi - nesses in other states. EFFECT ON SMALL BUSINESSES The Board has determined that the proposed regu - lations do not have a significant adverse economic im- pact on small businesses because this action places no obligations or requirements on any business.

RESULTS OF ECONOMIC IMPACT ASSESSMENT The Board has determined that the proposed reg - ulations do not have a significant impact on the fol - lowing: (1) elimination of any jobs, (2) creation of any new businesses, (3) elimination of any existing busi - nesses, or (4) expansion of businesses currently doing business within California. The Board has also deter - mined that the proposed regulations will have no ef - fect on worker safety or the state’s environment.

These regulations may benefit the health and wel - fare of California residents by continuing to promote public safety and encourage rehabilitation among the incarcerated population. The Board currently anticipates the proposed regu - lations will require the creation of 1.05 Forensic As - sessment Division psychologist positions with the Board, ongoing, and 1 Correctional Case Records Ad- ministrator with Case Records Services of the Califor- nia Department of Corrections and Rehabilitation on a limited two–year term. CONSIDERATION OF ALTERNATIVES Pursuant to Government Code

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

The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written public comment period. AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Board will make available the text and the Ini - tial Statement of Reasons (ISOR) of the proposed reg- ulations. The rulemaking file for this regulatory ac - tion, which contains those items and all the informa - tion on which the proposal is based (i.e., the rulemak - ing file) is available to the public upon request di -

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1113 rected to the Board’s contact person identified in this Notice. The proposed text, ISOR, and this No - tice will be made available on the Board’s website at https://www.cdcr.ca.gov/bph/statutes/reg–revisions/. AVAILABILITY OF FINAL STATEMENT OF REASONS Upon its completion, copies of the Final State - ment of Reasons may be obtained by contact - ing the Board’s contact person identified in this Notice or by visiting the Board’s website at https://www.cdcr.ca.gov/bph/statutes/reg–revisions/.

AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant com - ments received, the Board may adopt the proposed regulations substantially as described in this No - tice. If the Board makes modifications that are suffi - ciently related to the originally proposed text, it will make the modified text (with the changes clearly in - dicated) available to the public for at least 15 days be- fore the Board adopts, amends, or repeals the regula - tions as revised. Please send requests for copies of any modified regulation text to the attention of the con - tact person identified in this Notice.

The modified text will also be made available on the Board’s website at https://www.cdcr.ca.gov/bph/statutes/reg–revisions/ . If the Board makes modifications, the Board will ac - cept written comments on the modified regulations for 15 days after the date on which they are made available. TITLE 17. CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINE AWARD MANAGEMENT POLICY SUBMITTAL OF COMMENTS Any interested party may present comments in writing about the proposed amendments to the agen - cy contact person named in this notice. Written com - ments must be received no later than 5:00 p.m. on October 21, 2025.

Comments regarding this pro - posed action may also be transmitted via email to ampcomments@cirm.ca.gov or via US Mail to the ad- dress listed below under “Agency Contact”. PUBLIC HEARING At this time, no public hearing has been sched - uled concerning the proposed regulations. Howev - er, the California Institute for Regenerative Medicine (CIRM) will hold a hearing if it receives a written re - quest for a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the written comment period. SECTIONS AFFECTED The proposed regulatory action adds

Section 100505 to

Chapter 5 of Title 17 of the California Code of Reg- ulations, and the document incorporated by reference into

section 100505. AUTHORITY

Article XXXV of the California Constitution and Health and Safety Code

Section 125290.40, subdivi - sion l). REFERENCE Sections 125290.30, 125290.40, 125290.50, 125290.60 and 125292.10, Health and Safety Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Institute for Regenerative Medicine (“Institute” or “CIRM”) was established in 2005 af - ter the passage in 2004 of Proposition 71and allocated additional funds in 2020 with passage of Proposition 14 (the “Act”) in November of that year.

These bal - lot measures established a new state agency to make grants and provide loans for stem cell research, gene therapy research, research facilities and other vital re - search opportunities. The Independent Citizens’ Over- sight Committee (“ICOC”) is the 35–member govern- ing board for the Institute. The ICOC members are public officials, appointed on the basis of their experi- ence earned in California’s leading public universities, non–profit academic and research institutions, patient advocacy groups and the biotechnology industry.

The Act charges the ICOC with developing standards and criteria to make awards and to develop standards and criteria for proper oversight of awards. (§ 125290.50.) To that end, CIRM adopted the CIRM Award Man - agement Policy (“AMP”), an update to existing regu - lations governing oversight and management of CIRM awards (see CIRM Regulations 100503 and 100504

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1114 (“Grants Administration Policy for Clinical Stage Projects” and “Grants Administration Policy for Dis - covery, Translation, and Education Projects,” respec - tively), and the Grants Administration Policy for Fa - cilities and Equipment Grants (Regulation 100700)). Proposed

section 100505 incorporates by reference the AMP and indicates that recipients of awards will be subject to this particular AMP. This

section indi - cates that amendments to the policy will be applied to current active awards at the next budget or milestone period after the effective date of any amendments. The policy incorporated by reference by

section 100505 serves as the terms and conditions for all CIRM awards. In addition, it provides guidance to ap- plicants and Awardees regarding their responsibilities. Principal investigators, program directors, and orga - nizational officials with grants management responsi - bilities are urged to read this document carefully and to refer to relevant sections for answers to questions that arise concerning the administration of CIRM awards. Applicants and Awardees may be required to document compliance with any and all provisions set forth in this policy.

By accepting CIRM funding, Awardees agree to comply with the provisions set forth in this policy. This policy may be amended or revised periodical - ly. Any new or amended regulations adopted by the Independent Citizens’ Oversight Committee (ICOC), the governing board of CIRM, will be applied to cur - rently active awards on the start date of the next Op - erational Milestone, except as provided in the relevant CIRM Intellectual Property Regulations.

CIRM will notify principal investigators, program directors and organizational officials with active CIRM awards of amendments to, or revisions of, this policy as they are released. Amendments or revisions will be posted on the CIRM website (http://www.cirm.ca.gov). CIRM’s right to enforce this policy shall survive the end of the term of the CIRM Award, and should CIRM no longer exist, that right may be exercised by the State of California.

As with prior CIRM grants administration policies, this AMP will describe the grant application and re - view process, which details the application submis - sion, budget review and application review process - es, criteria for the review of applications, appeals of scientific review, the process for approval for funding and delineate certain policies regarding access to pub- lic records and use of personal information.

The AMP also addresses the elements of the pre–award process, which governs the pre–funding administrative review, conditions of liability, public policy requirements (such as rules governing use of human stem cell lines, for example), documents and certifications required during the “just–in–time” pe - riod prior to award execution, and the elements of the award notice. Principal Investigators and institutions will also find terms governing award acceptance and rules gov- erning election to treat an award as a loan.

Finally, consistent with prior CIRM grants admin - istration policies, the AMP details the rules govern - ing the payment and use of CIRM funds, identifying and describing allowable costs and activities that may be funded with CIRM funds, allowable and unallow - able facilities costs, prior approval requirements, ac - counting and documentation requirements (which are subject to access and audit requirements by CIRM or its agents), consequences for misuse of CIRM funds, the reporting requirements necessary to monitor prog- ress, and finally rules regarding termination and con - sequences for failure of compliance.

ANTICIPATED BENEFITS OF THE PROPOSED REGULATION To the extent the regulation facilitates use of the funds and encourages development of intellectual property and return to the state as required by law, and to the extent California institutions apply for and re - ceive research funds, such requirements are indirectly attributable to increased economic activity spurred by the investment research funds in the state and resul - tant positive business and employment development.

Also, to the extent the regulation makes it possible for the expenditure of research funds in the state, and to the extent that research results in medical treatments and cures for chronic disease and injury, the regula - tion indirectly benefits the health and welfare of Cali - fornia residents who will benefit from such treatments and cures. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS CIRM has conducted an evaluation for any other regulations on this area and has concluded that this is the only regulation concerning administration of CIRM–funded awards for late–stage research proj - ects.

Therefore, the proposed regulation is neither in - consistent nor incompatible with any other existing state regulations. INCORPORATED BY REFERENCE DOCUMENTS California Institute for Regenerative Medicine Award Management Policy (AMP) dated (regulation effective date).

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1115 DISCLOSURES REGARDING THE PROPOSED AMENDMENTS CIRM has made the following initial determinations: Mandate on local agencies and school districts: None. Effect on Small Business: CIRM has determined that the proposed action will have no impact on small businesses. The regulation implements conditions on awarding and administer - ing awards for stem cell and gene therapy research. This research is conducted almost exclusively by large public and private nonprofit institutions. As such, the regulation is not expected to adversely impact small business as defined in Government Code

Section 11342.610. Impact on Local Agencies or School Districts: CIRM has determined that the proposed action does not impose a mandate on local agencies or school dis- tricts, nor do they require reimbursement by the state pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code because the amendments do not constitute a “new program or higher level of service of an existing program” within the meaning of

Section 6 of

Article XIII of the Cali - fornia Constitution. CIRM has also determined that no nondiscretionary costs or savings to local agen - cies or school districts will result from the proposed amendments. Costs or Savings to State Agencies: CIRM has determined that no savings or increased costs to any agency will result from the proposed regulation. Effect on Federal Funding to the State: CIRM has determined that no costs or savings in federal funding to the state will result from the pro - posed regulation. Effect on Housing Costs: CIRM has determined that the proposed regulation will have no effect on housing costs.

Significant Statewide Adverse Economic Impact Directly Affecting Businesses: CIRM has made an initial determination that the proposed regulation will not have a significant state - wide adverse economic impact directly affecting busi- nesses, including the ability of California Businesses to compete with businesses in other states. Cost Impacts on Representative Private Persons or Businesses: CIRM has made an initial determination that the adoption of this regulation will not have a significant cost impact on representative private persons or busi - nesses.

CIRM 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 regulation. Business Reporting Requirement: CIRM finds that it is necessary for the health, safety, or welfare of the people of this state that the document incorporated by reference by the proposed regulation, which requires a report, apply to business.

RESULTS OF ECONOMIC I M PACT A NA LYSIS The above analysis is based on that fact that the pro- posed regulation does not impose new requirements on existing business operations or functions of oth - er agencies or individuals, but implements standards for seeking and using state grant funds for scientif - ic research. In most cases, such grants include funds to cover overhead and other indirect costs of the re - search, including most compliance activities.

CIRM has made an initial determination that it is unlikely the proposed action will impact the creation or elim - ination of jobs, the creation of new businesses or the elimination of existing businesses, or the expansion of businesses currently doing business within the State of California, nor directly impact the health and welfare of California residents, worker safety, and the state’s environment.

However, applicants and awardees of CIRM funds would have a clear understanding of their responsibilities in accepting and using state funds for stem cell and gene therapy research, which ultimate - ly benefits the citizenry of California.

In addition, to the extent the regulation facilitates use of the funds and encourages invention and return to the state as re- quired by law, and to the extent California institutions apply for and receive research, infrastructure, work - force development and other funds, such requirements are indirectly attributable to increased economic ac - tivity spurred by the investment funds in the state and resultant positive business and employment develop - ment.

Also, to the extent the regulation makes it pos - sible for the expenditure of funds in the state, and to the extent that research results in medical treatments and cures for chronic disease and injury, the regula - tion indirectly benefits the health and welfare of Cali - fornia residents who will benefit from such treatments and cures. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5, subdivision (a) (l3), CIRM 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 action is proposed or would be as effec- tive and less burdensome to affected private persons or

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1116 would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of the law than the pro - posal described in this Notice. CIRM invites interest - ed persons to present statements or arguments with respect to alternatives to the proposed amendments at the scheduled hearing or during the written comment period.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE CIRM has prepared an Initial Statement of Reasons, and has available the express terms of the proposed regulation and the policy incorporated by reference, all of the information upon which the regulation and policy are based, and a rulemaking file. A copy of the Initial Statement of Reasons and the proposed text of the regulation and policy may be obtained from the agency contact person named in this notice.

The infor- mation upon which CIRM relied in preparing this pro- posal and the rulemaking file are available for review at the address specified below. AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all time - ly and relevant comments, CIRM may adopt the pro - posed amendments substantially as described in this notice.

If CIRM makes modifications that are suffi - ciently related to the originally proposed text of the amendments, it will make the modified text (with the changes clearly indicated) available to the pubic for at least 15 days before it adopts the regulations as amended. Requests for the modified text should be ad- dressed to the agency contact person named in this notice. CIRM will accept written comments on any changes for 15 days after the modified text is made available.

AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice, the proposed text of the regu- lation, and the Initial Statement of Reasons may be ac- cessed on CIRM’s website at www.cirm.ca.gov. AGENCY CONTACT Written comments about the proposed regulatory action; requests for a copy of the Initial Statements of Reasons, the proposed text of the amendments; and inquiries regarding the rulemaking file may be direct - ed to: C.

Scott Tocher Associate Vice President, Board Governance California Institute for Regenerative Medicine 601 Gateway Boulevard, Suite 400 South San Francisco, CA 94080 (510) 340–9101 Questions on the substance of the proposed regula - tory action may be directed to: Ione Hughes, Project Manager — Operations California Institute for Regenerative Medicine (510) 424–4694 AVAILABILITY OF FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the contact person named above.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION N U M BER 1653–2025–168–001–R1 Project: Moffett Creek Restoration Project Location: Siskiyou County Applicant: Frank Brinar Background Project Location: The Moffett Creek Resto - ration Project (Project) is located approximately 14 miles southeast of Fort Jones, Siskiyou County, CA,

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1117 along Moffett Creek, tributary to the Scott River, at 41.56679° North, 122.68885° West, at a property owned by Frank Brinar, at Assessor Parcel Number (APN) 022–030–500–000. Project Description: This Project will construct a series of Beaver Dam Analogs (BDAs) in a heavily in- cised reach of Moffett Creek to provide grade control, increase instream structural complexity, and reacti - vate historical floodplains within the treatment reach.

The Project will result in increases in floodplain acti - vation frequency, decreases in bank erosion and ver - tical incision, increased quality of riparian and wet meadow plant habitat, and increase the residence time of surface and shallow groundwater within the Proj - ect area. Approximately 30 BDAs will be constructed along a 0.7–mile reach of Moffett Creek. With some variation, each BDA structure will be approximately 25–feet wide by 10–feet long by three–feet tall. BDAs will be constructed of native vegetative materials, primarily willows, conifer branches, sage, and sod.

Some BDAs will require vertical posts to be driven into the stream- bed to anchor the structure to give the structures ex - tra support to withstand high flow events. BDAs will be installed using a hydraulic post driver, grip hoist, chainsaws, shovels, loppers, post drivers, and hand saws. Construction of BDAs will take place within the wetted portion of the channel when flow has ceased or reached low–flow conditions, and no dewatering of the channel will be required. Project Size: The total area of ground disturbance associated with the Project is approximately 3.88 acres and 300 linear feet.

The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical ex - emption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge: Discharge of materi- als into Waters of the State, as defined by Water Code

section 13050, subdivision (e), resulting from the Proj- ect include those associated with the following: Native vegetation and untreated wooden posts.

Project Timeframes: Start date: August 2025 Completion date: October 2025 Work window: August 15–October 31 Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration intended to improve the quality of waters in Califor - nia and improve native habitat, the Northern Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Cover - age under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Or - der) (Waste Discharge Identification (WDID) Num - ber 1A25065WNSI for the Project.

The NOA de - scribes the Project and requires the Applicant to com - ply with terms of the Order. Additionally, the Appli - cant has provided a supplemental document that sets forth measures to avoid and minimize impacts to na - tive species. Receiving Water: Moffett Creek, tributary to the Scott River. Filled or Excavated Area: Permanent area impacted: 3.88 acres Temporary area impacted: 0.36 acres Length permanently impacted: 300 linear feet Length temporarily impacted: 0 linear feet Discharge Volume: 833 cubic yards (cy) native vegetation and untreated wooden posts.

Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Proj - ect, as described in the Notice of Intent (NOI) com - plies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.). On June 21, 2025, the Director of the California De- partment of Fish and Wildlife (CDFW) received a no- tice from the Applicant requesting a determination pursuant to Fish and Game Code

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

section 1653, sub- division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on June 21, 2025, for pub- lishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. No - tice File Number Z–2025–0721–01) on August 1, 2025. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

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

section 1653 for autho - rizing the Project. Specifically, CDFW finds that:

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

section 401 General Wa - ter Quality Certification for Small Habitat Restoration Projects.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1118 Avoidance and Minimization Measures The avoidance and minimization measures for Proj- ect, as required by Fish and Game Code

section 1653, subdivision (b) (4), were included in an attachment to the NOI. The specific avoidance and minimization re- quirements are found in an attachment to the NOI ti - tled “Appendix A: Moffett Creek Restoration Project Application Supporting Materials” in t h e s e c ti o n ti- tled ‘Project Conservation Measures’ beginning on page 4. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Moni- toring and Reporting Plan provides a timeline for res - toration, performance standards, and monitoring pa - rameters and protocols. Specific requirements of the plan are found in an attachment to the NOI titled “A p- pendix A: Moffett Creek Restoration Project Applica - tion Supporting Materials” in the

section titled ‘Proj- ect Monitoring and Reporting Plan’ beginning on page 3. Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Or - der for Small Habitat Restoration Projects requires the Applicant to submit a Notice of Completion (NOC) no later than 30 days after the project has been complet - ed. A complete NOC includes at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● WDID number indicated above; ● success criteria for the Project.

The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Project description as provided in the Applicant’s NOI. Ap - plicant shall include the project name, WDID num - ber, and ECM PIN number with all future inquiries and document submittals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall submit the monitoring plan, monitoring report, and notice of completion to CDFW as required by the Gen- eral Order. Applicant shall submit documents elec - tronically to: Stacey.Alexander@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

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

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

Chapter 6 (commencing with

section 1600) and

Chapter 10 (com- mencing with

section 1900) of this Division and Chap- ter 1.5 (commencing with

section 2050) of Division 3. Additionally, Applicant must adhere to all measures contained in the approved NOA and comply with oth- er conditions described in the NOI.

If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW. (See generally Fish & Game Code, § 1654, subdivision (c).) DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION N U M BER 1653–2025–170 – 001–R1 Project: Jenny Creek Barrier Removal Project Location: Siskiyou County Applicant: Evan Bulla (Trout Unlimited) Background Project Location: The Jenny Creek Barrier Remov- al Project (Project) is located along Jenny Creek, a tributary to the Klamath River.

The site is approxi - mately 1.6 miles upstream from Jenny Creek and its confluence with the Klamath River and 1.13 miles up- stream of Copco Road Bridge, at a property owned by Klamath River Renewal Corporation, Assessor Par - cel Number (APN) 041–030–230, 041–030–170, 041– 030–180, and 041–030–120, at latitude 41.9831451°N and longitude 122.3823109°W. Project Description: The primary objective of the Project is to remove a legacy concrete gravity diver - sion dam from within Jenny Creek to re–establish fish passage and improve natural stream processes.

Due to the remote nature of the project area and the lack of de- veloped access to the Jenny Creek dam, full removal using heavy equipment would require additional and unnecessary disturbance; therefore, explosives and manual removal of the debris from the stream channel has been identified as the lowest–impact option for re- moval. Explosives will be used to break the dam into smaller pieces, which will then be removed manually from the stream and transported to upland locations. Access to the dam is limited by remoteness and rough natural terrain.

There is an undeveloped access route, approximately 8,300 linear feet, cut into the northern valley hillside, terminating within 500 feet of the dam location. The access route is uneven, cov - ered in scattered boulders and cobble of various siz - es, and undeveloped natural substrate. Access route improvements will be made by an excavator tracking from Copco Road to the termination point of the un -

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 36–Z 1119 developed access route. Surface boulders and cobbles will be picked out and relocated off the access route. Minimal earth grading will take place only where the route has been identified as a safety hazard to offroad vehicles due to uneven, slumped substrate. This will improve access for the use of offroad transportation, including utility transportation vehicles (UTVs), by field crews. The estimated 500 feet after the termina - tion of the access route, can only be reached on foot through heavy riparian brush on the western side of the dam.

To limit vegetation and stream disturbance, there will be no access improvements made to the re - maining 500 feet from the termination of the access route to the project site. An air powered rock drill will be used to drill a se - ries of 38 one–and–three–quarter–inch diameter by five–foot–deep holes. Each hole will be loaded with a two–part explosive before being stemmed and simul - taneously detonated. Drilling of holes, charge prepa - ration, hole loading, and shooting is expected to be accomplished in one day.

However, if the entire shot cannot be accomplished after holes are drilled, then work will stop and continue the next day. Due to the potential high pH of the concrete struc - ture, most of the concrete rubble will be transported out of the water and relocated into upland areas. Crews will identify and remove as much material by hand as possible to the upland disposal site, a 0.045–acre area on river left. Any remaining materials, including re - bar, will be completely removed from the Project area following the demolition of the dam.

Project Size: The total area of ground disturbance associated with the Project is approximately 2.039 acres and 30 linear feet. The proposed Project com - plies with the General 401 Certification for Small Hab- itat Restoration Projects and associated categorical ex- emption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333).

Project Timeframes: Start date: August 2025 Completion date: October 2025 Work window: August 15–October 15 Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration in- tended to improve the quality of waters in California and improve fish passage on Jenny Creek, the North Coast Regional Water Quality Control Board (Re - gional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resourc - es Control Board General 401 Water Quality Certi - fication Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) Number 1A25090WNSI for the Project.

The NOA describes the Project and requires the Applicant to comply with the terms of the Order. Additionally, the Applicant has provided a supplemental document that sets forth measures to avoid and minimize im - pacts to natural resources. Receiving Water: Jenny Creek, tributary to the Klamath River. Filled or Excavated Area: Permanent area impacted: none Temporary area impacted: 2.039 acres maximum Length permanently impacted: 0 linear feet Length temporarily impacted: 30 linear feet Dredge Volume: 0 Regional Water Board staff determined that the Project may proceed under the Order.

Additionally, Regional Water Board staff determined that the Proj - ect, as described in the Notice of Intent (NOI) com - plies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.). On July 28, 2025, the Director of the California De- partment of Fish and Wildlife (CDFW) received a no- tice from the Applicant requesting a determination pursuant to Fish and Game Code

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

section 1653, sub- division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on July 28, 2025, for pub- lishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. No - tice File Number Z– 2025–0728–03) on August 8, 2025. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

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

section 1653 for autho - rizing the Project. Specifically, CDFW finds that:

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

section 401 General Wa - ter Quality Certification for Small Habitat Restoration Projects. Avoidance and Minimization Measures The avoidance and minimiz