California Regulatory Notice Register — Register 2025, No. 26-Z (JUNE 27, 2025)
Cal. Reg. Notice Reg. 2025, No. 26
California Z Register
GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2025, NUMBER 26–Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW J UNE 27, 2025 PROPOSED ACTION ON REGULATIONS TITLE 2.
F AIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2025–0617–04 ......................................... 807 AMENDMENT MULTI–COUNTY: Oakdale Irrigation District San Joaquin Tributaries Authority Sonoma Clean Power Authority STATE AGENCY: Public Employment Relations Board Sacramento–San Joaquin Delta Conservancy ADOPTION MULTI–COUNTY: El Rico Groundwater Sustainability Agency TITLE 2. OFFICE OF TAX APPEALS Revised Conflict–of–Interest Code — Notice File Number Z2025–0610–07 .................................. 808 TITLE 3. DEP ARTMENT OF FOOD AND AGRICULTURE Application and Fees,
Schedule of Charges — Notice File Number Z2025–0613–01 ........................... 808 TITLE 10. DEP ARTMENT OF REAL ESTATE Buyer–Broker Representation Agreement — Notice File Number Z2025–0616–01 ............................. 811 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Conflict–of–Interest Code — Notice File Number Z2025–0617–02 ......................................... 814 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING District Attorney Investigator Transition Course — Notice File Number Z2025–0617–06 ....................... 815 TITLE 14.
DEP ARTMENT OF FISH AND WILDLIFE Commercial Fishery Line Marking Prohibition — Notice File Number Z2025–0617–07 ........................ 817 (Continued on next page) Time- Dated Material
TITLE 16. ARCHITECTS BOARD Application Extension — Notice File Number Z2025–0613–03 ............................................ 821 TITLE 20.
ENERGY COMMISSION Tracking and Improving Reliability of Electric Vehicle Chargers — Notice File Number Z2025–0617–03 .......... 824 GENERAL PUBLIC INTEREST FISH AND GAME COMMISSION Notice of Findings — Mojave Desert Tortoise .......................................................... 829 RULEMAKING PETITION DECISION DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Notice of Decision on Petition from Neal OBrien Regarding Reconsideration of Petition P–01–25 — Request to Amend California Code of Regulations ...................................................... 833
SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 833 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 26–Z 807 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.
FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Po - litical Practices Commission, pursuant to the au - thority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of–interest codes, will review the proposed/ amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Oakdale Irrigation District San Joaquin Tributaries Authority Sonoma Clean Power Authority STATE AGENCY: Public Employment Relations Board Sacramento–San Joaquin Delta Conservancy ADOPTION MULTI–COUNTY: El Rico Groundwater Sustainability Agency A written comment period has been established commencing on June 27, 2025, and closing on Au - gust 11, 2025.
Written comments should be directed to the Fair Political Practices Commission, Attention: Andrea Spiller Hernandez, 1102 Q Street, Suite 3050, Sacramento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest codes will be submitted to the Commission’s Executive Director for their review, unless any interested person or their duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hear- ing before the full Commission.
If a public hearing is requested, the proposed codes will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Government Code
Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon their own motion or at the request of any interested person, will approve, or revise and approve, or re - turn the proposed codes to the agency for revision and re–submission within 60 days without further notice. Any interested person may present statements, ar - guments, or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest codes.
Any written comments must be received no later than August 11, 2025. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code
Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses, or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Com - mission as the code–reviewing body for the above conflict–of–interest codes shall approve codes as sub- mitted, revise the proposed code, and approve it as re- vised, or return the proposed code for revision and re–submission.
REFERENCE Government Code Sections 87300 and 87306 provide that agencies shall adopt and promulgate conflict–of–interest codes pursuant to the Political Re- form Act and amend their codes when change is ne - cessitated by changed circumstances.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 808 CONTACT Any inquiries concerning the proposed conflict–of–interest codes should be made to Andrea Spiller Hernandez, Fair Political Practices Commis - sion, 1102 Q Street, Suite 3050, Sacramento, Califor - nia 95811, or email aspiller–hernandez@fppc.ca.gov. AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency.
Requests for copies from the Com- mission should be made to Andrea Spiller Hernandez, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email aspiller–hernandez@fppc.ca.gov. TITLE 2. OFFICE OF TAX APPEALS AMEND CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Office of Tax Appeals, pursuant to the authority vested in it by
section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A com - ment period has been established commencing on Fri- day, June 27, 2025, and closing on Monday, August 11, 2025. All inquiries should be directed to the contact listed below. The Office of Tax Appeals proposes to amend its conflict–of–interest code to include employee posi - tions that involve the making or participation in the making of decisions that may foreseeably have a mate- rial effect on any financial interest, as set forth in sub- division (
a) of
section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less bur - densome to affected persons. Changes to the conflict–of–interest code include: classification updates, new positions, and also makes other technical changes. Information on the code amendment is attached to this email. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than Monday, August 11, 2025, or at the conclusion of the public hearing, if requested, whichever comes later.
At this time, no public hearing is scheduled. A person may request a hearing no later than Monday, July 28, 2025. The Office of Tax Appeals has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under
Part 7 (commencing with
Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: OTATraining@ota.ca.gov or call Shni- ta Paige at 916–202–9287. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE 3024.8. APPLICATION AND FEES 4603.
SCHEDULE OF CHARGES The Department of Food and Agriculture (Depart - ment) proposes to amend Title 3 of the California Code of Regulations (CCR)
Section 3024.8 to add Grape - vine Registration and Certification Fees. The Depart - ment also proposes to remove Grapevine Registration and Certification Fees from CCR
Section 4603. The fees will also be updated to cover the current cost of the program. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a writ - ten request for a public hearing to the Department no later than 15 days prior to the close of the written com- ment period. WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email.
The writ - ten comment period closes on August 11, 2025. The Department will consider only comments received at the Department offices, by that date or postmarked no later than August 11, 2025. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 809 California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street, Sacramento, CA 95814 (916) 403–6650 Permits@cdfa.ca.gov Questions regarding the substance of the pro - posed regulation should be directed to Erin Lovig. In her absence, you may contact Rachel Avila at (916) 698–2947 or rachel.avila@cdfa.ca.gov. AUTHORITY The Department proposes to amend Sections 3024.8 and 4603 pursuant to the authority vested by Sections 407, 5823, 5851, 5852 and 52331 of the Food and Agri- cultural Code (FAC).
REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5821, 5822, 5851, 5852 and 52331 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW These regulation amendments are intended to ad - dress the following obligations: The Department is re- quired to correctly reference sections in Food and Ag- ricultural Code (FAC) that allow the Department to have registration and certification fees; currently the CCR sections that these fees are located in does not.
The Department is also required to fulfill the obliga - tion that the fees are based upon the approximate cost of the service which is rendered. These changes cor - rect both these issues. EXISTING LAWS & REGULATIONS Existing law, FAC
Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code that the Secretary is directed or authorized to admin - ister or enforce. Existing law, FAC
Section 5821, provides that the Secretary, for the purpose of promoting and protect - ing the agricultural industry of the state, may, upon request, inspect plants and the premises upon or near which they are growing and the records of their sourc- es and qualities. She may upon the basis of the infor - mation thus determined, maintain registries of the plants which are found not to be infested or infected, or liable to become infested or infected, with pests. Existing law, FAC
Section 5822, provides that the Secretary may (
a) certify as to the pest freedom of plants which may have been inspected or registered or may certify as to the true pest condition of the plants. (
b) Issue tags, labels, or certificates in evidence of in - spection or registry. (
c) Supervise or conduct any spe- cial treatments which may be necessary to insure the pest freedom of plants for propagation or planting pur- poses. (
d) Fix uniform fees to be charged for inspec - tions, registrations, certifications, and special treat - ments. The fees shall be based upon the approximate cost of the service which is rendered. Existing law, FAC
Section 5823, provides that the Secretary may also establish and enforce regulations which are necessary to carry out the purposes of this article. Existing law, FAC
Section 5851, provides that the Secretary may (
a) Perform nonregulatory services such as export market phytosanitary and product quality analyses, certification, diagnostics, inspec - tions, quality assurance, and testing relating to nurs - ery stock, plants, seed, or plant pests and diseases. (
b) Accredit and monitor or audit private entities as neces- sary. (
c) Establish charges sufficient to recover its costs for nonregulatory services such as export market phy- tosanitary and product quality activities. Existing law, FAC
Section 5852, subsections (
a) and (
g) provides that the Secretary may provide, upon re - quest, nonregulatory accreditation, analytical, certifi - cation, diagnostic, inspection, quality assurance, test - ing, and other nonregulatory services relating to nurs - ery stock, plants, seed, or other plant pests and diseas- es on a charge–for–service basis or may accredit pri - vate persons or business entities to perform those ser - vices. The Department may establish, by regulation, a
schedule of charges to cover the department’s costs for specific services it provides. Charges for the accredita- tion and monitoring of laboratories located outside the state shall include the expenses for all required travel and per diem and may include application, basic, ini - tial, renewal, and other charges that the department deems necessary to cover its costs for accreditation and monitoring or auditing for compliance. Funds col- lected through cost–recovery charges are dedicated to, and may only be used for, carrying out the activities and functions specified in this article. Existing law, FAC
Section 52331, subsection (
a) pro- vides that the Secretary may (
d) Establish a reasonable
schedule of fees for tests, examinations, and services except those which are required for quarantine or oth- er purposes, not directly related to the enforcement of this chapter. The
schedule shall be based upon the ap- proximate cost of the service rendered. The director may, however, provide for the examination of seeds for identification purposes without charge.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 810 ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT These amendments allow the Department to meet the registration and certification regulatory require - ment of fees defraying program costs. Grapevine Reg- istration and Certification also provides for the cer - tification of grapevine stock as free of pests of inter - est, thus protecting the state’s agriculture and envi - ronment by preventing the introduction and spread of injurious pests.
The Grapevine Registration and Cer - tification program benefits California businesses by allowing nurseries to fulfill contract obligations and regulatory mandates for export of nursery stock. There are no existing, comparable federal regula - tions or statutes. There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code
Section 11346.5(a) (3) (D), the Department has conducted an evaluation of Sections 3024.8 and 4603 and has deter- mined that they are not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act of 1970 (Public Resources Code
Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations
Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: The current fee structure has been resulting in an expenditure vs. rev - enue deficit of over $200k, which goes against Cali - fornia Department of Food and Agriculture (CDFA) Grapevine Registration and Certification program regulatory requirements that fees defray expenses. The fee changes will remove this deficit. Cost to any local agency or school district requiring reimbursement pursuant to Gov. Code
sec. 17500 et seq. (Gov. Code
sec. 11346.5(a) (6).): None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the State: None. Cost impacts on a representative private person or business: This regulation may increase operational ex- penses for grapevine producers that choose to partic - ipate in Grapevine Registration and Certification but will have no direct impact on job creation or elimina - tion for agricultural staff.
The agency is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. Significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states: Voluntary participants in the Grapevine Registration & Certification Program may need to raise the price per unit sold for grapevine that is cer - tified through this program.
There is no other State program that is identical to this CDFA program, but certified grapevine stock sold by California business - es could end up costing more than those from other states. Therefore, the Department has determined that this regulatory proposal will not have any significant adverse impacts on businesses currently doing busi - ness in California. Significant effect on housing costs: None. Small business determination: The proposed action will affect small businesses that voluntarily participate in the Registration & Certification Program by rais - ing fees.
RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT These amendments move the Grapevine Registra - tion and Certification Fees to the correct regulatory
section and raise the existing fees. The Department has made an assessment that the amendment to this regulation would: (1) not create or eliminate jobs with- in California, (2) not create new business or eliminate existing businesses within California, (3) not affect the expansion of businesses currently doing business within California, and (4) is not expected to benefit the health and welfare of California residents, (5) is ex - pected to benefit the state’s environment, and (6) is not expected to benefit workers’ safety.
The state’s environment: The proposed action will benefit the state’s environment as grapevine registra - tion and certification provides for the certification of grapevine stock as free of pests of interest, thus pro - tecting the state environment by preventing the intro - duction and spread of injurious pests.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 811 CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.
The Department invites interested persons to pres - ent alternatives during the written comment period. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail - able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html).
A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request. The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.
If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the pub - lic for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.
AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 10. DEPARTMENT OF REAL ESTATE IMPLEMENTATION OF AB 2992
(2024) REGARDING BUYER–BROKER REPRESENTATION AGREEMENTS PROPOSED
ARTICLE 18.1, SECTIONS 2908.1, 2908.2, AND 2908.3 The Real Estate Commissioner and the Department of Real Estate (collectively “DRE”), proposes adoption of
Article 18.1, Sections 2908.1, 2908.2, and 2908.3 of the Regulations of the Real Estate Commissioner, Cal- ifornia Code of Regulations, Title 10,
Chapter 6 (“the Regulations”), after considering all comments, objec - tions and recommendations regarding this proposed action. Publication of this notice commences a 45–day public comment period. PUBLIC HEARING A public hearing is not scheduled. A public hearing will be held if any interested person, or that person’s duly authorized representative, submits a written re - quest for a public hearing to the DRE, at the contact listed below, no later than 15 days prior to the close of the written comment period.
WRITTEN COMMENT PERIOD Any interested person, or that person’s authorized representative, may submit written comments relevant to this proposed regulatory action to DRE addressed as follows: Regular Mail: Department of Real Estate Attention: Dea Franck, Sacramento Legal Office 651 Bannon Street, Suite 507 Sacramento, CA 95811 Electronic Mail: DRE.RegComments@dre.ca.gov Comments may be submitted until August 12, 2025.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 812 AUTHORITY AND REFERENCE
Section 10080 of the Business and Professions Code (“Bus. & Prof. Code”) authorizes DRE to adopt regu - lations that are reasonably necessary for the enforce - ment of the provisions of the Real Estate Law (Bus. & Prof. Code sections 10000 et seq.). The proposed Sections 2908.1 and 2908.2 of the Regulations imple- ment, interpret, and/or make specific
Section 1670.50 of the Civil Code as adopted as
Section 2 of the larg - er AB 2992 (Stephanie Nguyen,
Chapter 516, Statutes of 2024) (“Section 1670.50”) and
Section 2079.13 of the Civil Code as amended as
Section 3 of the larg - er AB 2992 (“Section 2079.13”). The proposed Sec - tion 2908.3 also implements, interprets, and/or makes specific both Sections 1670.50 and 2079.13 as well as
Section 10131 of the Business and Professions Code as amended by AB 2992. INFORMATIVE DIGEST/PLAIN ENGLISH OVERVIEW —
SUMMARY OF PROPOSED REGULATIONS Over the last several years, the United States De - partment of Justice and attorneys representing buy - ers and sellers of real estate filed numerous lawsuits against the National Association of REALTORS® (“NAR”), a number of state and local realtor associ - ations, multiple listing services (“MLSs”), and vari - ous national real estate brokerages (collectively “Real Estate Defendants”) alleging that the Real Estate De - fendants engaged in anti–competitive activities in vi - olation of federal antitrust laws (“NAR Lawsuits”).
In March 2024, NAR entered into a settlement agree - ment with the seller plaintiffs to settle the seller–side class action lawsuits against the Real Estate Defen - dants (“NAR Settlement”). NAR Settlement provid - ed, among other things, that no later than August 1, 2024, all principal brokers or brokerage firms partic - ipating in a multiple listing service and working with a buyer must enter into a written agreement before the buyer tours any home.
This California Association of Realtors’ sponsored AB 2992 as a result of the NAR Lawsuits and in light of the changing landscape of the real estate industry when it comes to broker compensation, specifically brokers who represent real estate buyers. While Cal - ifornia currently requires that a written listing agree - ment be executed between sellers of real property and a listing agent, California did not require a written agency agreement between buyers and their agents prior to the passage of AB 2992.
AB 2992 provides, among other things, a definition of a “buyer–broker representation agreement”, details minimum required terms and conditions for such agreements, provides term length and renewal limitations for said agree - ments, and identifies the type of real estate licensed activities requiring a signed buyer–broker representa - tion agreement.
Beginning January 1, 2025, AB 2992 requires, among other things, that buyer–broker rep - resentation agreements be executed between a buyer’s agent and a buyer “as soon as practicable, but no later than the execution of the buyer’s offer to purchase real property.” The three sections of the proposed
Article 18.1 will: ● Clarify the maximum length of the ini - tial term and any optional renewal term of a buyer–broker representation agreement and the conditions upon which those terms commence. ● Makes expressly clear that the maximum initial and renewal term lengths set forth in the stat - ute do not apply to buyer–broker representation agreements between real estate brokers and corporations, limited liability companies, and partnerships. ● Makes expressly clear the statutory prohibition that buyer–broker representation agreements cannot renew automatically and that such renew- als need to be effectuated via a writing that is signed by the parties. ● Clarify the timing of and creates a rebutta - ble presumption as to when it would be initial - ly practicable for a buyer’s agent to enter into a buyer–broker representation agreement with a buyer as contemplated in the statute. ● Makes expressly clear that a buyer–broker rep - resentation agreement is only required if a real estate broker is performing services for or on behalf of a buyer of real property or an interest in real property for which a real estate license is required.
ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS AB 2992 requires, among other things, that the max- imum length of the initial term and any renewal term of a buyer–broker representation agreement is three months from the date the agreement was made. Pro - posed
Section 2908.1(
a) clarifies the maximum length of the initial term and any optional renewal term of a buyer–broker representation agreement be 90 calen - dar days and clarifies the conditions upon which those terms commence. Combined together, these param - eters will result in there being one consistent, stan - dard term length for all buyer–broker representation agreements executed in California that can be easily calculated and subject to one
interpretation. As a re - sult, there will be a decreased likelihood of contractu- al disputes regarding the term lengths of buyer–broker representation agreements resulting in the decreased
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 813 likelihood of litigation and the increased likelihood of smoother real estate transactions. Proposed
Section 2908.1(
b) makes it expressly clear that the maximum initial and renewal term lengths set forth in AB 2992 do not apply to buyer–broker repre - sentation agreements between real estate brokers and corporations, limited liability companies, and part - nerships; the benefit of this language is to make clear and eliminate any possible confusion as to whether the maximum three–month term limitation for the initial term of the agreement and any renewal term applies to buyer–broker representation agreements between real estate brokers and corporations, limited liability com - panies, or partnerships; it does not. Proposed
Section 2908.1(
c) makes it expressly clear that AB 2992’s prohibition that buyer–broker repre - sentation agreements cannot renew automatically and proposed
Section 2908.1(
d) reiterates AB 2992’s re - quirement that such renewals need to be effectuated in writing and signed by the parties; this proposed lan - guage is necessary so that a reader of
Section 2908.1 can read this regulation in its totality and understand all of the buyer–broker representation agreement re - newal limitations and requirements and not have to read the regulation in conjunction with the underlying statute to get to the same result. Proposed
Section 2908.2 clarifies the timing of and creates a rebuttable presumption as to when it would be initially practicable for a buyer’s agent to enter into a buyer–broker representation agreement with a buy - er as contemplated in AB 2992. Specifically, proposed
Section 2908.2 provides that it is “practicable for a buyer’s agent to obtain a signed buyer–broker repre - sentation agreement before the buyer’s agent shows a buyer a property in person or virtually.” The NAR Settlement uses the touring of a house as the dead - line by which a written buyer agency agreement must be signed. Many California real estate licensees are members of NAR, so it is beneficial to try to align what action by a broker would trigger the requirement of a signed buyer–broker representation agreement, i.e., before the buyer’s agent shows a buyer a property in person or virtually, with the NAR Settlement to the extent that the underlying statute would allow. Proposed
Section 2908.3 makes it expressly clear that brokers only need signed buyer–broker represen - tation agreements in place when providing services to buyers related to real estate sales transactions as those terms are defined in Civil Code
section 7029.13 for which a real estate license is required pursuant to Business and Professions Code
section 10131(a).This language is beneficial for both consumers and the real estate industry because it eliminates any confusion as to when buyer–broker representation agreements are statutorily required. Without such clarification bro - kers and individuals, such as prospective lessees, may think that such agreements are required under AB 2992 when they are not, which could lead to unneces- sary administrative burdens and a delay in services to be provided.
WHETHER PROPOSED REGULATIONS ARE INCONSISTENT OR INCOMPATIBLE WITH EXISTING STATE REGULATIONS After conducting a review for any related regula - tions, DRE has determined that there are no other reg- ulations concerning the subject of buyer–broker rep - resentation agreements. Therefore, the proposed regu- lations are neither inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION DRE has made the following determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None.
Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: DRE is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action.
Significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states: None. Significant effect on housing costs: None.
RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The DRE concludes that it is: (1) unlikely that this regulation proposal (“proposal”) will eliminate any jobs for real estate licensees or associated professions; (2) unlikely that this proposal will create jobs; (3) un - likely that this proposal will create new businesses of any sort; (4) unlikely that this proposal will eliminate any existing businesses; (5) unlikely that this proposal will result in the expansion of businesses currently do- ing business in the state; (6) will benefit the health and welfare of California residents by promoting industry transparency and helping to ensure smoother real es - tate transactions by minimizing the risk of misunder - standings and disputes between buyers and real estate
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 814 licensees; and (7) not expected that this proposal will affect worker safety or the state’s environment. SMALL BUSINESS DETERMINATION The DRE has determined that there will be very minimal fiscal impact on small businesses result - ing from this regulation proposal aside from the in - cidental, de minimus administrative cost of obtain - ing and retaining signed buyer–broker representation agreements as required by AB 2992 and the proposed regulations. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a) (13), DRE must determine that no reasonable alternative considered, or that has oth - erwise been identified and brought to its attention, would be more effective in carrying out the purpose for which this regulatory 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.
DRE invites interested persons to present statements or arguments with respect to alternatives to the pro - posed regulations during the written comment period. CONTACT PERSON Inquiries concerning this action may be direct - ed to Dea Franck at (916) 737–4497, or via email at DRE.RegComments@dre.ca.gov. The backup contact person is Stephen Lerner at (916) 737–4293.
AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE DRE will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its headquarters office: 651 Bannon Street, Suite 507, Sacramento, California. As of the date this notice is published in the Notice Register, the rulemak- ing file consists of this notice, the proposed text of the regulations, the initial statement of reasons, and the Form 400 under which the package was submitted to the Office of Administrative Law for publication.
Cop- ies may be obtained by contacting Dea Franck at the mailing address and/or email address listed on the first page of this notice. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, DRE may adopt the proposed regulations substantially as described in this notice. If DRE makes modifications that are sufficiently related to the origi - nally proposed text, DRE will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before DRE adopts the regu- lation as revised.
A request for a copy of any modified regulation(
s) should be addressed to the contact person designated above. DRE will accept written comments on the modified regulation for 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available and copies may be requested from the contact person named in this notice or may be ac - cessed on the website listed below.
AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the notice, the initial statement of rea - sons, and the text of the regulations in underline and strikeout can be accessed through DRE’s website at www.dre.ca.gov. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Commis - sion on Peace Officer Standards and Training (POST), pursuant to the authority vested in it by
section 87306 of the Government Code, proposes amendments to its Conflict of Interest Code (COIC). A comment period has been established commencing on June 27, 2025 and closing on August 13, 2025. All inquiries should be directed to the contact listed below. POST proposes to amend its COIC to include em - ployee positions that involve the making or participa - tion in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (
a) of
section 87302 of the Gov - ernment Code. The amendments carry out the purpos- es of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the COIC include the following subjects: 1) POST proposes amendments to Disclosure Catego-
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 815 ry 1 in order to properly recognize the expansion of POST’s regulatory and licensing duties due to the pas- sage of Senate Bill 2 in 2021, 2) POST proposes a clar- ifying amendment to Disclosure Category 2, which is applicable to the Executive Director’s and Commis - sion members’ disclosure obligations.
This amend - ment provides further clarification about certain dis - closure obligations as those obligations relate outside vendors who provide leasehold interests, goods or ser- vices to POST, and 3) POST proposes amendments to the COIC in order to provide greater specificity for each POST subdivision and bureau regarding the spe- cific job classifications that are subject to this COIC. The proposed amendments also make other technical changes. Information on the COIC amendments is available on the agency’s intranet site and attached to this email.
Any interested person may submit written com - ments relating to the proposed amendments by sub - mitting them no later than August 13, 2025, or at the conclusion of the public hearing, if requested, which - ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than July 29, 2025. POST has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under
Part 7 (commencing with
Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning these proposed amend - ments and any communication required by this no - tice should be directed to: Bryant Henley , Attor - ney IV, Legal Affairs Bureau, (916) 227– 4838, Bryant.Henley@post.ca.gov. TITLE 11.
COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Amend Commission Regulation 1005 and Commis- sion Procedure D–14 — District Attorney Investigator Transition Course Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described be - low in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC) sec - tion 11346.8, any interested person, or their duly au - thorized representative, may request a public hearing.
POST must receive the written request no later than 15 days prior to the close of the public comment period. PUBLIC COMMENTS DUE BY AUGUST 11, 2025 Notice is also given that any interested person, or authorized representative, may submit written com - ment(
s) relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Andrew Mendonsa, andrew.mendonsa@post.ca.gov, or by letter to: Commission on POST Attention: Rulemaking 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)
section 13503 (authority of POST), PC § 13506 (POST authority to adopt regu- lations). This proposal is intended to interpret, imple - ment, and make specific PC § 13503(e), which autho- rizes POST to develop and implement programs to in- crease the effectiveness of law enforcement, including programs involving training and education courses.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Commission Regulation 1005 At the February 2018 Commission meeting, to more accurately reflect the needs of the field, the Commis - sion approved to change the name and the course Learning Domains of the 80–hour “District Attor - ney Investigation and Trial Preparation Course” to the “District Attorney Investigator Transition Course.” At that time, the “Training specifications for the Investi - gation and Trial Preparation Course” was left incorpo- rated by reference into regulation.
The referenced doc- ument was last updated in regulation in 2009 and no longer represents the minimum hourly requirements or topics covered in the course. Commission Procedure D–14 In March 2025, POST staff met with subject mat - ter experts, including instructors and representatives from the California District Attorney Investigator’s Association. The subject matter experts agreed that the “Training Specification for the Investigation and Trial Preparation Course” that is currently incorpo - rated by reference in Commission Regulation 1005
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 816 is no longer suitable or necessary, and recommended including hourly requirements and minimum topics in the POST Administrative Manual, under existing Commission Procedure D–14. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENTS The specific benefits anticipated by the proposed regulatory changes to the regulation will help ensure consistent training material for District Attorney In - vestigators across the state of California.
Additional - ly, the proposed regulatory changes will increase the effectiveness of law enforcement standards for peace officers in preserving the peace, protection of public health and safety, and welfare of California. There would be no effect in regard to the environment, the prevention of discrimination, and the increase in open- ness and transparency in business and government. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex - isting regulations.
After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state. FORMS/DOCUMENTS INCORPORATED BY REFERENCE Training Specifications for the Investigation and Trial Preparation Course (repealed) DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None.
Costs to any local agency or school district which must be reimbursed in accordance with GC §§ 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None. Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro - posed action.
Significant, statewide adverse economic impact di - rectly affecting California businesses: POST has de - termined that the proposed regulations will not have a significant, statewide adverse economic impact direct- ly affecting businesses, including the ability of Cali - fornia businesses to compete with businesses in oth - er states. Significant effect on housing costs: None. Small Business Determination: POST has deter - mined that the proposed regulations will not affect small businesses because the regulations only affect state agencies that are adopting, amending or repeal - ing regulations.
Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create or eliminate jobs in the state of California, (2) unlikely that the proposal will create new business- es or eliminate any existing businesses, and (3) unlike- ly that the proposed regulations will result in the ex - pansion of businesses currently doing business within the state.
Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser - vices to stakeholders. The specific benefits anticipated by the proposed regulatory changes to the regulation will help ensure consistent training material for Dis - trict Attorney Investigators across the state of Cali - fornia.
Additionally, the proposed regulatory chang - es will increase the effectiveness of law enforcement standards for peace officers in preserving the peace, protection of public health and safety, and welfare of California. There would be no effect in regard to the environment, the prevention of discrimination, and the increase in openness and transparency in business and government. Thus, the law enforcement standards are maintained and effective in preserving peace, pro- tection of public health, safety, and welfare in Califor- nia.
There would be no impact that would affect work- er safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with GC § 11346.5, subdivision (a) (13), POST must determine that no reasonable al - ternative it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro - posed, or would be as effective as and less burdensome
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 817 to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law than the proposed action. CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Andrew Mendonsa , Commission on POST, 860 Stillwater Road, Suite 100, West Sac - ramento, CA 95605–1630, at (916) 227–2510. General questions regarding the regulatory process may be di - rected to Ashley Anderson at (91 6) 970–4635.
TEXT OF PROPOSAL Individuals may request copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramen - to, CA 95605–1630. These documents are also lo - cated on the POST Website at https://post.ca.gov/ Regulatory–Actions.
ADOPTION OF PROPOSED REGULATIONS/AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod - ify the proposal if such modifications remain suffi - ciently related to the text as described in the Informa - tive Digest.
If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.
AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is avail - able for public inspection by contacting the person(
s) named above. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(
s) named above. TITLE 14. DEPARTMENT OF FISH AND WILDLIFE ADD
SECTION 181, COMMERCIAL FISHERY LINE MARKING PROHIBITION In accordance with Fish and Game Code
Section 9056, the Department of Fish and Wildlife (Depart - ment) proposes to add
Section 181, Commercial Fish- ery Line Marking Prohibition to Title 14 of the Cal - ifornia Code of Regulations. Proposed
Section 181 would prohibit state–managed commercial fisheries from using any line with a pattern that has been as - signed to another state fishery operating off the U.S. West Coast. The proposed changes are necessary to prevent the misidentification of the responsible fishery in marine life entanglement events. The proposed regulation described below may be adopted after considering all comments, objections, and recommendations regarding the proposed action.
PUBLIC HEARING NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held virtually via we - binar/teleconference on August 12, 2025. Instructions for participation in the webinar/teleconference hear - ing will be posted at https://wildlife.ca.gov/Notices/ Regulations/Commercial–Lines at least seven days in advance of the meeting.
WRITTEN COMMENT PERIOD Written comments may be submitted at any time be- fore or on August 12, 2025, by mail or email to the contact as follows: California Department of Fish and Wildlife Regulations Unit Attention: Daphne Nandino, Regulatory Scientist P.O. Box 944209 Sacramento, CA 94244–2090 Email: Regulations@wildlife.ca.gov
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 818 AUTHORITY AND REFERENCE Authority:
Section 9056, Fish and Game Code. Reference:
Section 9056, Fish and Game Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Beginning in 2014, the number of large whale en - tanglements caused by commercial fishing gear in - creased significantly along the U.S. West Coast. From 1982 to 2023, the commercial Dungeness crab fish - ery contributed to 71 confirmed whale entanglements, more than any other fishery on the U.S. West. In 2020, to help reduce and mitigate entanglements, Califor - nia adopted the Risk Assessment and Mitigation Pro - gram (RAMP) into Title 14 as
Section 132.8. As part of the RAMP regulations update the Department ad - opted in 2025 (OAL matter Number 2025–04–04), all commercial Dungeness crab traps in California will be required to have lines with alternating black–and– purple coloring starting November 1, 2025. This re - quirement would make the gear more identifiable in the event of an entanglement, which would further aid in the development of reduction and mitigation mea - sures. Both the states of Oregon and Washington have already adopted similar measures for their respec - tive Dungeness crab fisheries.
To help ensure that the source of an entanglement is not misidentified, this proposal would prohibit every state–managed com - mercial fishery from using line markings assigned to another state fishery operating on the U.S. West Coast. REGULATORY PROPOSAL In order to prevent the misidentification of the re - sponsible fishery during marine life entanglement events, the Department proposes to add the following section:
Section 181. Prohibition on the Use of Line Mark - ings Assigned to Another Fishery It is unlawful to use fishing gear that has on any part of the gear line marks or multi–colored line required for any other Washing- ton, Oregon, or California state fishery operating in state or federal waters off the U.S. West Coast unless legally participating in the fishery requiring such line marks or multi–colored line. BENEFITS OF THE PROPOSED REGULATIONS This proposal aims to prevent state–managed com - mercial fisheries from using line with markings that have been assigned to another state managed fishery.
In concert with fishery specific line marking require - ments under RAMP, the proposed regulation will en - sure the source of an marine life entanglement is at - tributed to the commercial fishing gear responsible, enabling the state to develop effective mitigation mea- sures to reduce and mitigate future entanglements. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS The Legislature has delegated authority to the De - partment to adopt regulations regarding the marking and color coding of lines used in state managed fish - eries (Section 9056 of the Fish and Game Code).
The Department has reviewed existing regulations in Title 14, California Code of Regulations (CCR) and finds that the proposed regulations are neither inconsistent nor incompatible with existing State regulations. De - partment staff have searched the CCR and have found that no current CCR
section restricts any commercial fishery from using line marking already reserved for another fishery operating on the West Coast. DOCUMENTS INCORPORATED BY REFERENCE None. DOCUMENTS RELIED UPON Benson, S.R. (2019). Biology of Leatherback Turtle off California: Movements, Foraging Ecology, Abun - dance, and Status. California Dungeness Crab Fishing Gear Working Group, 23 April 2019. https://www.opc. ca.gov/webmaster/_media_library/2019/10/D_Crab_ working_group_3–5Sep2019_Leatherback.pdf. Saez L, Lawson D, DeAngelis M. (2021). Large whale entanglements off the U.S. West Coast, from 1982–2017.
National Oceanic and Atmo - spheric Administration Technical Memorandum NMFS–OPR–63A. 50 page https://repository.library. noaa.gov/view/noaa/29002. Washington Department of Fish and Wildlife. (2025). Proposed Rule Making CR–102 (June 2024) (Implements RCW 34.05.320) WSR 25–03–125 Amending commercial crab gear requirements and implementing comprehensive line marking in the coastal Dungeness crab fishery. https://wdfw.wa.gov/ sites/default/files/about/regulations/filings/2025/ combined–wsr–25–03–125.pdf.
DISCLOSURES REGARDING THE PROPOSED ACTION Impact of the Regulatory Action/Results of the Economic Impact Assessment The potential for significant statewide adverse eco - nomic impacts that might result from the proposed regulation has been assessed, and the following initial
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 819 determinations relative to the required statutory cate - gories have been made: (
a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States: The Department does not anticipate any adverse economic impacts to businesses that would affect their ability to compete with businesses from other states as a result of these regulations to prohibit state–man - aged commercial fisheries from using line markings already assigned to another state fishery operating on the U.S. West Coast.
The proposed regulations impose no costs that would create an adverse economic im - pact, as commercial fishery participants in the state do not use these line markings and would thus not incur replacement costs to comply with the regulation. (
b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Department does not anticipate any econom - ic impacts to the creation or elimination of jobs with - in the state, the creation or elimination of businesses within the state, or the expansion of businesses with - in the state as a result of these regulations to prohibit state–managed commercial fisheries from using line markings already assigned to another state fishery op- erating on the U.S.
West Coast. The proposed regu - lations impose no costs that would create an adverse economic impact that would affect jobs in the affected sector, as commercial fishery participants in the state do not use these line markings and would thus not in - cur replacement costs to comply with the regulation. (
c) Cost Impacts on Representative Private Person or Business: The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. (
d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: None. (
e) Nondiscretionary Costs/Savings to Local Agencies: None. (
f) Programs Mandated on Local Agencies or School Districts: None. (
g) Costs Imposed on Any Local Agency or School District that is Required to be Reimbursed Under
Part 7 (commencing with
Section 17500) of Division 4, Government Code: None. (
h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Department does not anticipate any impacts to small businesses. The proposed regulations impose no costs that would create an adverse economic impact, as commercial fishery participants in the state, includ- ing those that are small businesses, do not use these line markings, and would thus not incur replacement costs to comply with the regulation. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (
a) Effects of the Regulation on the Creation or Elimination of Jobs Within the State: The Department does not anticipate any effects of the regulation on the creation or elimination of jobs within the state as the regulation prohibits the use of line with markings assigned to another state fishery on the West Coast that are not currently used by commer- cial fishery participants in the state, thus imposing no new costs on these businesses that would impact the creation or elimination of jobs in that sector. (
b) Effects of the Regulation on the Creation of New Businesses or the Elimination of Existing Businesses Within the State: The Department does not anticipate any cost im - pacts to the creation or elimination of businesses with- in the state as a result of these regulations to prohibit state–managed commercial fisheries from using line markings already assigned to another state fishery op- erating on the U.S. West Coast.
The proposed regu - lations impose no costs that would create an adverse economic impact that would affect businesses in a way that spur their creation or elimination, as commercial fishing vessels in the state do not use these line mark - ings and would thus not incur replacement costs to comply with the regulation. (
c) Effects of the Regulation on the Expansion of Businesses Currently Doing Business Within the State: The Department does not anticipate any cost im - pacts to the expansion of businesses currently doing businesses within the state as a result of these regu - lations to prohibit state–managed commercial fisher - ies from using line markings already assigned to an - other state fishery operating on the U.S. West Coast.
The proposed regulations impose no costs that would create an adverse economic impact that would affect businesses in a way that would cause them to expand or shrink their operations within the state, as commer- cial fishery participants in the state do not use these line markings and would thus not incur replacement costs to comply with the regulation. (
d) Benefits of the Regulation to the Health and Welfare of California Residents:
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 820 The Department does not anticipate impacts on the health and welfare of California residents. (
e) Benefits of the Regulation to Worker Safety: The Department does not anticipate impacts to worker safety as a result of the proposed regulations. (
f) Benefits of the Regulation to the State’s Environment: The Department anticipates benefits to the state’s environment, as ensuring that the source of an entan - glement is correctly identified would help the state better develop management measures to reduce and mitigate future entanglements. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a) (13), the Department must determine that no reasonable alternatives to the pro - posed regulation it considered or that have otherwise been identified and brought to its attention would ei - ther be more effective in carrying out the purpose for which the regulation is proposed, or would be as ef - fective and less burdensome to affected private per - sons than the proposed action, or would be more cost–effective to affected private persons and equally 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 regulations during the written comment period. AVAILABILITY OF RULEMAKING DOCUMENTS AND CONTACT PERSONS Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the reg - ulation in underline and strikeout format can be accessed through the Department website at https://wildlife.ca.gov/notices/regulations/.
The proposed text (the “express terms”) of the reg - ulations, as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review at 715 P Street, Sacramen- to, CA 95814 (17th floor). The rulemaking file will be available electronically upon request by contacting the Department at Regulations@wildlife.ca.gov. Inquiries concerning the regulatory process or requests for doc- uments should be directed to: California Department of Fish and Wildlife Daphne Nandino, Regulations Unit P.O.
Box 944209 Sacramento, CA 94244–2090 Telephone: (916) 902–9276 Email: regulations@wildlife.ca.gov Inquiries concerning the subject matter or substance of the proposed action should be directed to: Anthony Shiao, Environmental Scientist California Department of Fish and Wildlife P.O. Box 944209 Sacramento CA 94244–2090 Telephone: (805) 560–6056 Email: regulations@wildlife.ca.gov As of the date this notice is published, the rulemak - ing file consists of: 1. STD Form 400. 2. Notice of Proposed Action. 3. Initial Statement of Reasons. 4. Proposed Text of the Regulation: Addition of Sec- tion 181, Title 14, CCR. 5.
Economic and Fiscal Impact Assessment (Form STD 399) and addendum. 6. Documents or Reports Supporting the Proposed Regulation Change. AVAILABILITY OF THE INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The rulemaking file is available online at: https://wildlife.ca.gov/Notices/Regulations/ Commercial–Lines. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all the timely and relevant com - ments received, the Department may adopt the pro - posed regulation substantially as described in this no - tice.
If the Department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulation as re - vised. Please send requests for copies of any modi - fied regulation to the Regulations Unit at the address above. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 821 AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by checking the website at the link provided above, or the Regulations Unit at the address above. TITLE 16. ARCHITECTS BOARD APPLICATION EXTENSION NOTICE IS HEREBY GIVEN that the California Architects Board (Board) is proposing to take the ac - tion described in the Informative Digest below, after considering all comments, objections, and recommen- dations regarding the proposed action.
PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person, or their authorized repre - sentative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the in- dividuals listed under “Contact Person” in this notice.
WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No - tice, must be received by the Board at its office no later than August 11, 2025 , or must be received by the Board at the hearing, should one be scheduled.
AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 115.4, 5526, 5552.5, and 5552.6 of the Business and Profes - sions Code (BPC), and to implement, interpret, or make specific BPC sections 30, 115.4, 115.5, 115.6, 135.4, 144, 144.5, 480, 5550, 5550.5, 5551, 5552, 5552.1, 5552.5 and 5552.6, and Government Code sec- tions 8550 and 8558, the Board is considering amend- ing
section 109 of title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing regulations for 16 CCR
section 109 de - scribe the method by which candidates apply for ex - amination eligibility and a license. The existing reg - ulation states candidates who do not take an exam - ination within five (5) years of being made eligible for examination or from a prior examination will become inactive and have to reapply with the Board. This proposal will define the Board’s existing pro - cess for requesting and evaluating a request to extend the candidate’s expiration date due to them being un - able to test as a result of a state of emergency declared by the Governor.
This regulatory proposal will amend 16 CCR sec - tion 109. The amendment to the regulation through this proposed rulemaking is as follows: Amend 16 CCR
section 109(a) (2) (
B) to add lan - guage indicating an additional subparagraph. Add 16 CCR
section 109(a) (2) (
C) to identify that a candidate will not be inactive if they have been grant- ed an extension to their eligibility period. Amend 16 CCR
section 109(a) (3) to identify that a candidate that has been granted an extension to their eligibility period will remain “active in the examina - tion process” by definition. Add 16 CCR
section 109(a) (4) to define State of Emergency as stated in
Section 8558 of the Govern - ment Code to eliminate any confusion as to what a state of emergency could refer to. Add 16 CCR
section 109(f) (1) so the Board can evaluate the request of a candidate to receive an ex - tension to their examination application status and re - main “active in the examination process.” Specifically, the portion that follows this subsection informs can - didates what must be done to be issued the extension. Add 16 CCR
section 109(f) (1) (
A) which clarifies the requirement that the candidate has been unable to test due to a state of emergency, which is one of the criteria to meet for an extension as identified in BPC 5552.6. Add 16 CCR
section 109(f) (1) (
B) which clarifies how candidates will request an extension and the timeline by which they must submit the request. The deadline is required so the Board receives requests in a timely manner and candidates are provided sufficient time to submit the request. The “eligibility period” is clarified with the same meaning as subsection (a) (3) that defines “active in the examination process” which explains how candidates retain an active application. Further, the last sentence provides the candidate with information that there will be a list of required items to submit to the Board to satisfy the written request requirement. Add 16 CCR
section 109(f) (1) (B) (i–viii) which clarifies the information that must be contained in the extension request so the Board can accurately associ - ate it with the correct individual. All components are necessary to avoid complications with candidates who have the same or similar name. The candidates must sign this under penalty of perjury so appropriate re - sponsibility is taken by the candidate, to ensure all in-
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 822 formation is accurate and correct so as to not subvert the Board. Add 16 CCR
section 109(f) (1) (B) (vii) (aa–dd) which provides relevant information to the Board on how the state of emergency affected the candidate and how much time the candidate is requesting to be added to their existing eligibility period. This will allow the Board to accurately grant the requisite amount of time to the candidate so they may continue testing. Add 16 CCR
section 109(f) (2) which requires the Board to respond to the candidate in a timely manner so future licensure planning can be made with accu - rate information. Add 16 CCR
section 109(f) (3) to clarify the max - imum amount of time granted per extension. This is beneficial to candidates so they can plan to take tests to remain active in the examination process and un - derstand there is a maximum amount of time granted so they can plan effectively. Amend 16 CCR sections 109(
g) and (
h) for consis - tency to provide clarity to where relevant
section in - formation can be found. Add BPC 5552.6 to Authority Cited and Reference, and add Government Code sections 8550 and 8558 to reference. BPC 5552.6 grants authority to the Board to extend a candidate’s examination application expira - tion date if the candidate has been impacted by a state of emergency declared by the Governor. Government Code sections 8550 and 8558 relate to the Governor declaring a state of emergency.
ANTICIPATED BENEFITS OF PROPOSAL The Board has determined that this regulatory pro - posal will benefit the health and welfare of California residents by providing clarifying language to help fa - cilitate licensure by allowing candidates an extension to an examination expiration date should they be un - able to take the examination due to a state of emergen- cy as declared by the Governor. This regulatory proposal does not affect worker safety or the state’s environment.
EVALUATION OF CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing this regulato - ry proposal, the Board has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither inconsistent nor in - compatible with existing state regulations. DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Board estimates a workload cost of $20 per ex- tension request.
This proposal creates a pathway for candidates to be granted an extension to their exam - ination application expiration date if they are impact - ed by a state of emergency declared by the Adminis - tration. Due to the infrequent nature of this event, the Board does not anticipate substantive additional work- load or costs resulting from the proposed regulations. Any workload and costs will be absorbed within ex - isting resources. The Board does not have a total fiscal impact esti - mate at this time because the total number of exten - sion requests is currently unknown.
The regulations do not result in costs or savings in federal funds to the state. Nondiscretionary Costs/Savings to Local Agen - cies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re- quire Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None.
BUSINESS IMPACT ESTIMATES The Board has made the initial determination that the proposed regulatory action would have no signif - icant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states. The rulemaking file includes the facts, evidence, documents, testimony, and/or other evidence that sup- ports this determination. The Board has not consid - ered proposed alternatives that would lessen any ad - verse economic impact on business and invites sub - mission of such proposals.
COST IMPACT ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS The Board is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 823 RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has deter - mined that this regulatory proposal will not impact the following: 1. Creation or elimination of jobs within California. 2. Creation of new businesses or elimination of ex - isting businesses within California. 3. Expansion of businesses currently doing business within the state.
Benefits of Regulation: The Board has determined that this regulatory proposal will benefit the health and welfare of California residents by facilitating the licensure process for candidates who have been nega - tively affected by a state of emergency. This regulato- ry proposal does not affect worker safety or the state’s environment. Business Reporting Requirements: The regulato - ry action does not require businesses to file a report with the Board. Effect on Small Business: The Board has deter - mined that the proposed regulation will not affect small businesses.
Although small businesses owned by candidates of the Board may be impacted, any costs of compliance are a result of current law. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a) (13), the Board must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed; would be as effective and less burdensome to affected private persons than the proposal described in this No- tice; or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law.
Any interested person may submit written com - ments relevant to the above determinations at the Board’s office at 2420 Del Paso Road, Suite 105, Sac- ramento, California 95834 during the written com - ment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulato - ry action, which includes the Initial Statement of Rea- sons (ISOR), proposed regulatory text, and all the in - formation on which this proposal is based.
This mate- rial is contained in the rulemaking file and is available for public inspection upon request to the contact per - sons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board at 2420 Del Paso Road, Suite 105, Sacramento, California 95834.
AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently relat - ed to the original text.
With the exception of techni - cal or grammatical changes, the full text of any modi - fied proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the person desig - nated in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.
AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared by making a writ - ten request to the Contact Person named below or by accessing the website listed below.
CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Timothy Rodda Address: 2420 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: (279) 895–1246 Email Address: timothy.rodda@dca.ca.gov
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 824 The backup contact person is: Name: Laura Zuniga Address: 2420 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: (916) 471–0760 Email Address: laura.zuniga@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Materials regarding this proposal can be found at https://www.cab.ca.gov/resrcs/laws_regs/prop_leg. shtml.
Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications noted, as well as the Final State - ment of Reasons when completed, and modified text, if any, can be accessed through the Board’s website at https://www.cab.ca.gov/resrcs/laws_regs/approv_reg. shtml. TITLE 20.
ENERGY COMMISSION IMPROVED ELECTRIC VEHICLE CHARGER RECORDKEEPING AND REPORTING, RELIABILITY , AND DATA SHARING DOCKET NUMBER 22–EVI–04 INTRODUCTION The California Energy Commission (CEC) propos - es a rulemaking to establish new regulations for im - proved electric vehicle (EV) charger recordkeeping and reporting, reliability, and data sharing in the Cali- fornia Code of Regulations (CCR), Title 20, after con- sidering all comments, objections, and recommenda - tions regarding the proposed regulation.
The CEC proposes new regulations for recordkeep - ing and reporting to track the number of EV charging ports installed in California; regulations to track the reliability of publicly or ratepayer funded direct cur - rent fast charging ports and to set a 97 percent uptime standard for these charging ports; and standards for sharing real–time data on the availability and acces - sibility of publicly available charging infrastructure.
For more information about this proceeding, visit the CEC’s webpage for the Electric Vehicle Charging Infrastructure Reliability Reporting and Performance Standards Proceeding at https://www.energy.ca.gov/ proceedings/active–proceedings/electric–vehicle– charging–infrastructure–reliability–reporting–and . The proceeding webpage also contains, among other things, a link to the docket page for this proceeding, which contains documents filed in the proceeding, a link to the e–commenting page, and a box to subscribe for automatic email updates about the proceeding.
PUBLIC HEARING The CEC will hold a public hearing for the proposed regulations at the date and time listed below. Interest - ed persons, or their authorized representative, may present statements, arguments, or contentions relevant to the proposed regulations at the public hearing. The record for this hearing will be kept open until every person present at the conclusion of staff’s presentation has had an opportunity to provide comment. Wednesday, August 13, 2025 10:00 a.m. (Pacific Time) ATTENDANCE INSTRUCTIONS In–person Attendance: Participants may join the public hearing at 715 P Street, Sacramento, CA 95814.
Remote Attendance: The public hearing may be accessed by clicking the Zoom link below or visiting Zoom at https://join.zoom.us and entering the ID and password below. If you experience difficulties joining, you may contact Zoom at (888) 799–9666 ext. 2, or the Office of the Public Advisor, Energy Equity and Tribal Affairs at publicadvisor@energy.ca.gov or by phone at (916) 957–7910. URL: https://energy.zoom.us/j/84251573361?pwd= I6hFdX4Gt1SsRJDtnJ1NpduG6Rric5.1 Webinar ID: 842 5157 3361 Passcode: 749458 To participate by telephone, dial (669) 900–6833 or (888) 475–4499 (toll free).
When prompted, en - ter the webinar ID and password listed above. For Zoom technical support dial (888) 799–9666 ext. 2 or contact the CEC’s Public Advisor for help at publicadvisor@energy.ca.gov and (916) 957–7910. To comment or ask a question over the telephone, dial *9 to “raise your hand” and *6 to mute/unmute your phone line. Zoom Closed Captioning Service: At the bottom of the screen, click the Live Transcript CC icon and choose “Show Subtitle” or “View Full Transcript” from the popup menu. To stop closed captioning, close the “Live Transcript” or select “Hide Subtitle” from the pop–up menu.
If joining by phone, closed cap - tioning is automatic and cannot be turned off. While closed captioning is available in real–time, it can in - clude errors. An accurate transcript of the workshop
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 825 will be docketed and posted as soon as possible after the meeting concludes. PUBLIC ADVISOR The CEC’s Office of the Public Advisor, Ener - gy Equity, and Tribal Affairs assists the public with participation in CEC proceedings. To request assis - tance, interpreting services, or reasonable modifi - cations and accommodations, reach out via email at publicadvisor@energy.ca.gov or by phone at (916) 957–7910 as soon as possible, but at least five days in advance. The CEC will work diligently to meet all requests based on availability.
MEDIA INQUIRIES Direct media inquiries to the Media and Pub - lic Communications Office at (916) 654–4989, or by email at mediaoffice@energy.ca.gov. PUBLIC COMMENT PERIOD Interested persons may present oral and written statements, arguments, or contentions regarding the proposed regulations at the public hearing, or they may submit written comments during the written pub- lic comment period for the proposed regulation that will be held from June 27, 2025, through 5:00 p.m. on August 12, 2025.
Any interested person may submit written comments to the CEC for consideration on or prior to 5:00 p.m. on August 12, 2025. The CEC appre- ciates receiving written comments at the earliest pos - sible date. Comments submitted outside this comment period are considered untimely. Written and oral comments, attachments, and asso - ciated contact information (including address, phone number, and email address) will become part of the public record of this proceeding with access available via any internet search engine. The CEC encourages submitting written com - ments through the CEC’s electronic commenting system.
Visit the CEC e–comment page for docket number 22–EVI–04 , at https://efiling.energy.ca.gov/ Ecomment/Ecomment.aspx?docketnumber=22–EVI– 04. Enter your contact information and a comment ti - tle describing the subject of your comment(s). Com - ments may be included in the “Comment Text” box or attached as a downloadable, searchable document consistent with Title 20, California Code of Regula - tions,
Section 1208.1. The maximum files size allowed is 10 MB. Written comments may also be submit - ted by email. Include the docket number, “22–EVI–04,” in the subject line and email your com- ment to docket@energy.ca.gov.
A paper copy comment may be sent to: California Energy Commission Docket Unit Docket Number 22–EVI–04 715 P Street, MS–4 Sacramento, CA 95814 To ensure you receive notice of any changes to the proposed regulations in this proceeding, please fol - low the instructions provided at the end of this notice to join the proceeding contact list or provide a valid email or mailing address with your comments.
STATUTORY AUTHORITY AND REFERENCE Public Resources Code Sections 2505, 2507, 25210, 25213, 25216.5, 25218(e), 25231.5, 25301, 25302, 25303, 25304,25305, 25400–25401, 25601–25602, 25618 authorize the CEC to adopt rules or regulations, as necessary, to implement, interpret, and make spe - cific Public Resources Code Sections 25210, 25216.5, 25223, 25229, 25231.5, 25300, 25301, 25302, 25304, 25305, 25321, 25322, 25324, 25366, 25400–25401, 25601–25602, 25618, 25900 and Government Code
Section 11180. INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW
Summary of existing laws and regulations: Public Resources Code
Section 25229 (Assembly Bill (AB) 2127, Ting,
Chapter 365, Statutes of 2018) assigned the CEC the responsibility of biennially eval- uating the required number of EV charging ports to meet the state’s EV adoption objectives. This evalua - tion requires a detailed understanding of operational charging port counts. Effective January 1, 2023, Public Resources Code
Section 25231.5 directed the CEC to develop charging port uptime recordkeeping standards and deliver in - frastructure reliability assessments (AB 2061, Ting,
Chapter 345, Statutes of 2022), and provided the CEC authority to require uptime recordkeeping and report - ing on EV charging ports that are publicly or ratepay - er funded. Effective October 7, 2023, Public Resources Code
Section 25231.5(d) (1) (AB 126, Reyes,
Chapter 319, Statutes of 2023) directed the CEC to adopt tools to increase charging station uptime, including require - ments for uptime, and operation and maintenance. Public Resources Code
Section 25231.5(d) (2) also di- rected the CEC to set standards for data sharing re - garding the availability and accessibility of publicly available charging infrastructure, and further man - dates the establishment of standards for notifying cus-
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 826 tomers regarding the availability and accessibility of public charging infrastructure by January 2025. Existing law directs the CEC to release a biennial In- tegrated Energy Policy Report (IEPR) that provides a cohesive assessment of major energy trends and issues in California, including transportation forecasting and assessment activities. 1 The CEC lacks sufficient information on the number of EV charging ports in California to optimize IEPR reports.
Public charging port operators are required to report the number of EV charging ports they operate to the U.S. Department of Energy Alternative Fuels and Data Center. How - ever, this requirement is limited to publicly accessi - ble charging ports and therefore provides an incom - plete picture of the total charging ports in the state. The CEC administers a voluntary survey that collects data on some charging ports. However, the survey has inconsistent and limited responses and likely under - counts the number of shared private charging ports operating in California.
Further, these data sets do not include charging port inventories for medium–duty and heavy–duty vehicles. Effect of the proposed regulation: To satisfy its statutory mandate and legislative di - rective, the CEC is proposing the regulations con - tained in the staff report Tracking and Improving Re- liability of California’s Electric Vehicle Chargers.
The CEC proposes new regulations for recordkeeping and reporting to track the number of EV charging ports installed in California; regulations to track the reli - ability of publicly or ratepayer funded direct current fast charging ports and set a 97 percent uptime stan - dard for these charging ports; and standards for shar - ing real–time data on the availability and accessibility of publicly available charging infrastructure.
Difference from existing comparable federal regulation or statute: The proposed 97 percent uptime requirement and sharing real–time availability and accessibility data for publicly or ratepayer funded charging ports large - ly mirrors the federal National EV Infrastructure For - mula Program (23 Code of Federal Regulations, sec - tion 680.104), but differing from the federal program, these proposed regulations apply to charging ports that received an incentive through a charge on rate - payers or from a state agency, including without lim - itation, funds administered by the state that were in - stalled in California after January 2024.
Other than the uptime requirement, the CEC has determined that the proposed regulation does not duplicate or conflict with any federal regulations or statute. 1 See Pub. Resources Code, § 25304. Broad objectives of the regulations and the specific benefits anticipated by the proposed amendments: The broad objectives of the regulations are to carry out the CEC’s statutory mandates in Public Resourc - es Code
section 25231.5 to adopt tools to increase charging station uptime, including uptime record - keeping and reporting requirements for EV charging ports, and to set standards for data sharing regarding the availability and accessibility of publicly available EV charging infrastructure. The regulations further enable the CEC to assess the EV charging infrastruc - ture needed to meet state goals as required by Public Resources Code
section 25229. Additionally, the in - ventory and reliability data collected through this reg- ulation will be used to prepare the IEPR, for which the CEC is statutorily mandated to collect data and assess major energy trends and issues in the state, including transportation forecasting. The proposed regulations are intended to improve the CEC’s understanding of gaps in the EV charging infrastructure, improve the reliability of charging infrastructure by implementing direct current fast charging port reliability performance standards, and increase public access to EV charging.
Modest eco - nomic benefits are expected by increasing public in - formation on the number, reliability, and availabili - ty and accessibility of EV charging ports installed in California. Improvements in the reliability of public EV charging infrastructure may increase consumer confidence in EVs and grow EV sales, providing addi- tional public benefits.
Consistency or compatibility with existing state regulations: The CEC has conducted an evaluation for any other state regulations in this topic area and has concluded that these are the only regulations concerning record - keeping and reporting, reliability performance stan - dards, and data sharing for EV charging ports. There - fore, the CEC has determined that the proposed regu - lations are neither inconsistent nor incompatible with existing state regulations.
DOCUMENTS INCORPORATED BY REFERENCE The CEC proposes to incorporate by reference the following documents: ● EV Roaming Foundation, Open Charge Point Interface 2.2.1, October 6, 2021, https://evroaming.org/app/uploads/2021/11/ OCPI–2.2.1.pdf. ● Open Charge Point Protocol, Open Charge Point Protocol version 2.0.1 Edition 3, June 27, 2024, https://www.openchargealliance.org/downloads/.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 827 The above documents are reasonably available to the affected public in conformance with Cali - fornia Code of Regulations, Title 1,
Section 20(c). All documents are available for review during busi - ness hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., at the CEC located at 715 P Street, Sacra - mento, CA 95814, and on the CEC website at Dock - et 22–EVI–04 , https://efiling.energy.ca.gov/Lists/ DocketLog.aspx?docketnumber=22–EVI–04. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed regulation is not mandated by federal law or regulations. OTHER STATUTORY REQUIREMENTS The CEC is not aware of any other statutory require- ments that are relevant to the proposed regulations.
LOCAL MANDATE DETERMINATION The proposed regulation does not impose a mandate on local agencies or school districts that requires state reimbursement pursuant to Government Code Sec - tions 17500 et seq. None of the costs to local govern - ments due to the proposed regulations are reimburs - able to the state. Operating EV charging ports is gen - erally a discretionary decision for local governments, so the costs are not required; moreover, the proposed amendments apply generally to all entities operating EV charging ports rather than applying specific man - dates to local governments.
Because they do not im - pose unique new requirements on local agencies, they are not a reimbursable mandate for this reason as well (County of Los Angeles v. State of California (1987) 43 Cal.3d 46). FISCAL IMPACTS The CEC has made the following initial determinations: ● Cost or savings to any state agency: The regula - tions will create no fiscal impact in the current fiscal year, as the regulations are not expected to enter into force until 2026.
Staff expects a small fiscal impact on state agencies that directly oper - ate EV charging ports that receive public or rate - payer funding. ● Cost to any local agency or school district that is required to be reimbursed pursuant to Govern - ment Code Sections 17500 et seq.: None of the costs to local governments due to the proposed regulations are reimbursable to the state.
Operat - ing EV charging ports is generally a discretion - ary decision for local governments, so the costs are not required; moreover, the proposed amend - ments apply generally to all entities operating EV charging ports rather than applying specific man- dates to local governments. Because they do not impose unique new requirements on local agen - cies, they are not a reimbursable mandate for this reason as well (County of Los Angeles v.
State of California, 43 Cal.3d 46 (1987)). ● Other nondiscretionary cost or savings imposed on local agencies: Operating EV charging ports is generally a discretionary decision for local gov- ernments, so the costs are not required; moreover, the proposed regulations apply generally to all entities operating EV charging ports rather than apply specific mandates to local governments. Because they do not impose unique new require - ments on local agencies, they are not a reimburs - able mandate for this reason as well. ● Cost or savings in federal funding to the state: None.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE The CEC has made the initial determination that the proposed regulations will not have an adverse eco- nomic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.
Staff estimates that the reg- ulations will not disadvantage California businesses by making it more expensive to produce goods or ser- vices here since EV charging available in California is not exported to residents in other states, and because the federal National EV Infrastructure Program sets similar EV charging reliability standards as the pro - posed regulations (23 Code of Federal Regulations,
section 680.116). COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The primary business type impacted will be opera - tors of EV charging stations. No individuals or other business types will be impacted. Staff estimates for the initial and ongoing cost of the proposed regulation are shown in the Initiate State - ment of Reasons. Staff estimates these costs as: ● Initial costs for a small business: $2,501 (2026$) in initial reporting costs ● Initial costs for a typical business: $19,089 (2026$) in initial reporting costs
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 828 ● Annual ongoing costs for a small business: $2,191 (2026$) in reporting and uptime costs ● Annual ongoing costs for a typical business: $79,903 (2026$) in reporting and uptime costs STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The CEC concludes that: (1) the proposal will not create jobs within California, (2) the proposal will not eliminate jobs within California, (3) the propos - al will not create new businesses in California, (4) the proposal will not eliminate existing businesses with - in California, and (5) the proposal will not result in the expansion of businesses currently doing business within the state.
A cost analysis of the proposed regulations conduct- ed by CEC staff estimates that the direct costs of the regulations to regulated entities in 2026 will be ap - proximately $11,226,024 (2026$). CEC staff estimates that the direct benefits of these regulations will be ap- proximately $56,890 (2026$) in 2026. Therefore, the total economic impact of the regulations is approxi - mately $11,282,914 (2026$) in 2026.
The proposed regulations will benefit the health and welfare of California’s residents and the state’s envi - ronment by providing improved and more accurate real–time public data about the reliability, accessibil - ity, and pricing of EV charging ports. Ensuring that consumers have information that is reliable, accurate, and timely may increase consumers’ ability to find operational and available charging ports, significantly improve the EV driver experience by increasing con - venience and security, and therefore increase consum- er confidence in EVs. The regulations likely will not affect worker safety.
REPORTING REQUIREMENTS These regulations set new reporting requirements for EV charging network providers, EV charging station operators, and EV charging site hosts, which are necessary to comply with the statutes described above. To fulfill statutory obligations and ensure con- sumers have increased access to reliable EV charging ports, it is necessary for the health, safety, or welfare of the people of the state that the regulations apply to businesses. EFFECT ON SMALL BUSINESS The proposed regulations may affect small busi - ness.
For the purposes of this regulation staff defines a small business as a charging station operator oper - ating twenty or fewer nonnetworked charging ports or a charging network provider managing 1,000 or fewer networked charging ports. The CEC expects the aver - age initial costs of this regulation for a small business is $2,501 and the recurring costs for small businesses is estimated to be $2,191 for reasonable compliance with the Proposed Action. SIGNIFICANT EFFECT ON HOUSING COSTS None. ALTERNATIVES STATEMENT In accordance with Government Code
Section 11346.5, subdivision (a) (13), the CEC must determine that no reasonable alternative considered by the agen- cy, or that has otherwise been identified and brought to the attention of the agency, would be more effec - tive 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 regula - tion; or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law.
CEC staff has considered two proposed alternatives and concluded that they are not feasible or do not al - low the CEC to fulfill its statutory mandate.
CONTACT PERSONS Questions should be addressed to: Ross Daley, Rulemaking Coordinator Executive Office Ross.Daley@energy.ca.gov +1 916 980 7949 OR: Taylor Marvin, Supervisor Fuels and Transportation Division Taylor.Marvin@energy.ca.gov +1 279 226 1009 COPIES OF THE INITIAL STATEMENT OF REASONS, THE EXPRESS TERMS, AND RULEMAKING FILE The CEC 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 Notice Register, the rulemaking file consists of this Notice, the Express Terms, the Initial State - ment of Reasons (ISOR) and any documents re - lied upon or incorporated by reference. Copies may be obtained by contacting the contact persons list -
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 829 ed above or by visiting the CEC website at Docket 22–EVI–04, https://efiling.energy.ca.gov/Lists/ DocketLog.aspx?docketnumber=22–EVI–04. AVAILABILITY OF CHANGES TO ORIGINAL PROPOSAL FOR AT LEAST 15 DAYS PRIOR TO AGENCY ADOPTION/ REPEAL/AMENDMENT OF RESULTING REGULATIONS Participants should be aware that any of the pro - posed regulations could be changed because of public comment, staff recommendation, or recommendations from Commissioners.
Moreover, changes to the pro - posed regulations not indicated in the Express Terms could be considered if they improve the clarity or ef - fectiveness of the regulations. If the CEC considers changes to the proposed regulations pursuant to Gov - ernment Code
Section 11346.8, a full copy of the text will be available for review at least 15 days prior to the date on which the CEC adopts or amends the resulting regulations. COPY OF THE FINAL STATEMENT OF REASONS At the conclusion of the rulemaking, persons may obtain a copy of the Final Statement of Reasons once it has been prepared by visiting the CEC website at Docket 22–EVI–04 , https://efiling.energy.ca.gov/ Lists/DocketLog.aspx?docketnumber=22–EVI–04.
AVAILABILITY OF DOCUMENTS ON THE INTERNET The CEC maintains a website to facilitate pub - lic access to documents prepared and consid - ered as part of this rulemaking proceeding. Doc - uments prepared by the CEC for this rulemak - ing have been posted on the CEC website at Docket 22–EVI–04, https://efiling.energy.ca.gov/Lists/ DocketLog.aspx?docketnumber=22–EVI–04.
INSTRUCTIONS FOR RECEIVING NOTICES AND DOCUMENTS IN THIS PROCEEDING To stay informed about this proceeding and receive documents and notices of upcoming workshops and hearings as they are filed, please subscribe for auto - matic email updates for this rulemaking, by using the subscribe box here: Electric Vehicle Charing In - frastructure Reliability Reporting and Performance Standards, then following any prompts. Members of the public can subscribe to this topic at the link above. The subscription sends out email notifications and di - rect links when documents and notices are filed in the proceeding docket.
If you are unable or do not wish to sign up for automatic email updates but still would like to receive documents and notices, please contact the contact person listed in this notice. GENERAL PUBLIC INTEREST FISH AND GAME COMMISSION NOTICE OF FINDINGS FOR MOJAVE DESERT TORTOISE (GOPHERUS AGASSIZII ) MAY 27, 2025 DRAFT NOTICE IS HEREBY GIVEN that the California Fish and Game Commission (Commission), at a meet- ing on April 17–18, 2024, found pursuant to California Fish and Game Code
Section 2075.5 that the informa- tion contained in the petition to list the species Mojave desert tortoise ( Gopherus agassizii ) and other infor - mation in the record before the Commission, warrants adding Mojave desert tortoise to the list of endangered species under the California Endangered Species Act (CESA; Fish and Game Code,
Section 2050 et seq.). (See also California Code of Regulations, Title 14,
Section 670.1, subsection (i)). NOTICE IS ALSO GIVEN that, at its June 11–12, 2025, meeting, the Commission adopted the findings herein outlining the reasons for its determination. I. BACKGROUND AND PROCEDURAL HISTORY Prior Listing History The Commission listed desert tortoise ( Gopherus agassizii) as a threatened species under the Califor - nia Endangered Species Act (CESA) in 1989. The U.S. Fish and Wildlife Service listed it under the federal Endangered Species Act (ESA) in 1990.
As explained below, 2011 studies concluded that the species com - plex of desert tortoise consists of two species, with those present in California being classified as Go- pherus agassizii and commonly referred to as Mojave desert tortoise. Petition History On March 23, 2020, Defenders of Wildlife, the Des- ert Tortoise Council, and the Desert Tortoise Preserve Committee submitted a petition to the Commission to change the listing status of desert tortoise ( Gopherus agassizii; hereafter referred to as Mojave desert tor - toise) from threatened to endangered under CESA.
The Commission reviewed the petition for complete - ness and, on April 13, 2020, pursuant to
Section 2073
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 830 of the California Fish and Game Code, referred the pe- tition to the California Department of Fish and Wild - life (Department) for evaluation. The Commission gave public notice of receipt of the petition on May 1, 2020 (California Regulatory Notice Register 2020, Number 18–Z, page 693). The Department transmit - ted to the Commission the Department’s petition eval- uation on July 23, 2020 and, on August 20, 2020, the Commission publicly received the Department’s peti- tion evaluation.
At its October 14, 2020 meeting, the Commission determined that listing may be warranted, and sub - sequently provided notice regarding the Mojave des - ert tortoise’s status as a candidate species (California Regulatory Notice Register 2020, Number 44–Z, page 1445). Status Review Overview The Commission’s action, designating Mojave des - ert tortoise as a candidate species, triggered the De - partment’s process for conducting a status review to inform the Commission’s decision on whether to list the species.
On January 9, 2024, the Department transmitted to the Commission the Department’s report, Status Re - view for Mojave Desert Tortoise ( Gopherus agassi - zii) Report to the Fish and Game Commission, dat - ed February 2024. The Commission publicly identi - fied receipt of the Department’s status review report as part of the Commission’s February 14–15, 2024 meeting materials.
On April 18, 2024, the Commis - sion found that the information contained in the peti - tion to change the listing status of Mojave desert tor - toise and other information in the record before the Commission, warranted listing Mojave desert tortoise as an endangered species under CESA. Species Description The Mojave desert tortoise is a long–lived, desert– dwelling tortoise. Desert tortoises are reptiles within the order Testudines, family Testudinidae, genus Go- pherus. The genus Gopherus consists of North Amer- ica’s land tortoises.
When the Commission listed desert tortoise as threatened in 1989, Gopherus agassizii was under - stood to range from southeastern California, across southern Nevada, through western Arizona, and south into Sonora and Sinaloa, Mexico. In 2011, studies of tortoise genetics, morphometrics, and ecology led ex - perts to conclude that the species complex former - ly known as “desert tortoise” in fact consists of two separate species, Mojave desert tortoise and Sonoran desert tortoise ( Gopherus morafkai ) (Murphy et al. 2011, Iverson et al. 2017).
Mojave desert tortoise, also known as Agassiz’s desert tortoise, retains the origi - nal binomial scientific name (G. agassizii) and ranges across the deserts of southeastern California, southern Nevada, and small areas of Arizona and Utah north of the Colorado River, as well as southwestern Utah. In California, the range of the Mojave desert tortoise in - cludes the Mojave Desert and portions of the Sonoran and Great Basin deserts. Mojave desert tortoise habitat typically consists of alluvial fans and plains that facilitate the digging of burrows.
Mojave desert tortoises also need sufficient forage plants, as well as larger shrubs and bushes for shade and protection of burrows, and for feeding on an- nual forbs, annual and perennial grasses, herbaceous perennial plants, and some cacti (Berry and Murphy 2019). Mojave desert tortoises occur in very low den - sities or are absent where shrub cover is sparse, pre - cipitation is low, and annual food plants are available only intermittently. The carapace of adults ranges in size from 178 milli- meters to over 370 millimeters in length.
Mojave des- ert tortoises make extensive use of underground bur - rows to regulate body temperature and as protection from predators. Studies have demonstrated male home range sizes of 39–47 hectare and female home range sizes of 14–17 hectare (Harless et al. 2009). Home ranges of individuals can overlap. Mojave desert tortoises are long–lived and females are thought to become sexually mature at 12–20 years old (mean 18.8; Medica et al. 2012), depending on lo- cality (Woodbury and Hardy 1948, Turner et al. 1986, Curtin et al. 2009). Generation time is estimated to be around 25 years (U.S.
Fish and Wildlife Service 1994). Mating occurs in late summer and fall, and females can mate with multiple males (Davy et al. 2011). Females typically lay one or two clutches of eggs (about six eggs per clutch) per year; however, some females have been documented to lay more than two clutches (Ennen et al. 2012, Mitchell et al. 2021). Tor- toise nests are typically placed near the entrance to the burrow or within suitable soil (Ennen et al. 2012), and there is no parental care once eggs have hatched (Berry and Murphy 2019).
Newly hatched tortoises are about 4–5 centimeters in length (Bjurlin and Bisson - ette 2004) and their shells do not fully ossify (harden) until they are 5–7 years old. II. STATUTORY AND LEGAL FRAMEWORK The Commission, established by the California State Constitution, has exclusive statutory authority under California law to designate endangered, threatened, and candidate species under CESA (California Con - stitution,
Article IV,
Section 20, subdivision (b); Cali- fornia Fish and Game Code
Section 2070). The CESA listing process for this species began in the present case with a petition submitted to the Commission. The regulatory and legal process that ensued is described in some detail in the preceding section, along with re -
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 831 lated references to the Fish and Game Code and con - trolling regulations. The CESA listing process gener - ally is also described in some detail in published ap - pellate case law in California, including: ● Natural Resources Defense Council v. Califor - nia Fish and Game Commission (1994) 28 Cal. App.4th 1104; ● Mountain Lion Foundation v. California Fish and Game Commission (1997) 16 Cal.4th 105; ● California Forestry Association v. California Fish and Game Commission (2007) 156 Cal.App.4th 1535; ● Center for Biological Diversity v.
California Fish and Game Commission (2008) 166 Cal.App.4th 597; ● Central Coast Forest Association v. California Fish and Game Commission (2017) 2 Cal.5th 594; ● Central Coast Forest Association v. Califor - nia Fish and Game Commission (2018) 18 Cal. App.5th 1191; and, ● Almond Alliance of California v. California Fish and Game Commission (2022) 79 Cal.App.5th 337. The “is warranted” determination stems from Com- mission obligations established by Fish and Game Code
Section 2075.5. Under the provision, the Com - mission is required to make one of two findings for a candidate species at the end of the CESA listing pro - cess; namely, whether listing a species is warranted or is not warranted. Here, the Commission made the finding under
Section 2075.5, subdivision (e) (2) that listing is warranted. The Commission was guided in making its determi- nations by statutory provisions and other controlling law. The Fish and Game Code, for example, defines an endangered species under CESA as “a native spe - cies or subspecies of a bird, mammal, fish, amphibi - an, reptile or plant which is in serious danger of be - coming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, preda - tion, competition, or disease” (Section 2062).
Similar- ly, the Fish and Game Code defines a threatened spe - cies under CESA as “a native species or subspecies of a bird, mammal, fish, amphibian, reptile or plant that, although not presently threatened with extinction, is likely to become an endangered species in the foresee- able future in the absence of the special protection and management efforts required by this chapter” (Section 2067). The Commission also considered California Code of Regulations, Title 14,
Section 670.1, subsection (i) (1) (A), in making its determination. The provision provides, in pertinent part, that the Commission will list the species or subspecies as endangered or threat - ened under CESA if the Commission determines that its continued existence is in serious danger or is threat- ened by any one or any combination of six factors: 1. Present or threatened modification or destruction of its habitat, 2. overexploitation, 3. predation, 4. competition, 5. disease, or, 6. other natural occurrences or human–related activities. Fish and Game Code
Section 2070 provides similar guidance, providing that the Commission shall add or remove species from the list of endangered and threat- ened species under CESA only upon receipt of suffi - cient scientific information that the action is warrant - ed. Similarly, CESA provides that it is the policy of the state, not specific to the Commission per se, that all state agencies, boards, and commissions shall seek to conserve endangered and threatened species and shall utilize their authority in furtherance of the purposes of CESA (Fish and Game Code
Section 2055). The stat - utory guidance does not compel a particular determi - nation by the Commission in the CESA listing con - text. Nevertheless, “ ‘[l]aws providing for the conser - vation of natural resources’ such as the CESA are of great remedial and public importance and thus should be construed liberally.” ( California Forestry Associ - ation v. California Fish and Game Commission , su - pra, 156 Cal.App.4th at pages 1545–1546, citing San Bernardino Valley Audubon Society v.
City of Moreno Valley (1996) 44 Cal.App.4th 593, 601; Fish and Game Code sections 2051 and 2052.) Finally, in considering the six identified factors, CESA and controlling regulations require the Com - mission to actively seek and consider related input from the public and any interested party (see, e.g., Fish and Game Code, sections 2071, 2074.4 and 2078; Cal- ifornia Code of Regulations, Title 14,
Section 670.1, subsection (h)). The related notice obligations and public hearing opportunities before the Commission are also considerable (Fish and Game Code sections 2073.3, 2074, 2074.2, 2075, 2075.5 and 2078; Califor- nia Code of Regulations, Title 14,
Section 670.1, sub-
section (c), (e), (
g) and (i); see also California Govern- ment Code
Section 11120 et seq.). The referenced obli- gations are in addition to the requirements prescribed for the Department in the CESA listing process, in - cluding an initial evaluation of the petition, a related recommendation regarding candidacy, and a review of the candidate species’ status, culminating with a re - port and recommendation to the Commission as to whether listing is warranted based on the best avail - able science (Fish and Game Code sections 2073.4, 2073.5, 2074.4 and 2074.6; California Code of Regu -
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 26–Z 832 lations, Title 14,
Section 670.1, subsections (d), (
f) and (h)). III.
FACTUAL AND SCIENTIFIC BASES FOR THE COMMISSION’S FINAL DETERMINATION The factual and scientific bases for the Commission’s determination that designating Mojave desert tortoise as an endangered species under CESA is warranted are set forth in detail in the Commission’s record of proceedings, including the petition; the Department’s petition evaluation report; the Department’s status re - view report; written and oral comments received from members of the public, the regulated community, trib- al entities, and the scientific community; and other ev- idence included in the Commission’s record of pro - ceedings, which is incorporated herein by reference.
The Commission determines that the continued ex - istence of Mojave desert tortoise in the state of Cali - fornia is in serious danger or threatened by one or a combination of six factors as required by California Code of Regulations, Title 14,
Section 670.1, subsec - tion (i) (1) (A): 1. Present or threatened modification or destruction of its habitat, 2. overexploitation, 3. predation, 4. competition, 5. disease, or, 6. other natural occurrences or human–related activities. The Commission also determines that the informa - tion in the Commission’s record constitutes the best scientific information available and establishes that designating Mojave desert tortoise as an endangered species under CESA is warranted.
Similarly, the Com- mission determines that Mojave desert tortoise is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease. The items highl