California Regulatory Notice Register — Register 2026, No. 22-Z (MAY 29, 2026)

Cal. Reg. Notice Reg. 2026, No. 22

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2026, NUMBER 22–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 29, 2026 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2026–0519–02 ......................................... 727 AMENDMENT STATE AGENCY: California Privacy Protection Agency TITLE 2. STATE ALLOCATION BOARD Leroy F .

Greene School Facilities Act of 1998, Energy Efficiency and Career Technical Education Supplemental Grants — Notice File Number Z2026–0519–03 ............................................. 728 TITLE 16.

OSTEOPATHIC MEDICAL BOARD Retired License, Petitions, and Fees — Notice File Number Z2026–0518–01 ................................. 735 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Raw Water Line Replacement Protect — Hare Creek Crossing, 2080–2026–008–001, Mendocino County ............................................................. 741 DECISION NOT TO PROCEED DEPARTMENT OF TAX AND FEE ADMINISTRATION Concerning Proposed Rulemaking on Hazardous Substances Tax Law (Previously Published in Notice Register 2025, Number 40–Z, October 3, 2025) ........................................................ 741 RULEMAKING PETITION DECISION DEPARTMENT OF CORRECTIONS AND REHABILITATION Notice of Decision on Petition from Neil Stone Concerning Sentence Recalls ................................. 742 (Continued on next page)

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 742 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 2026, VOLUME NUMBER 22–Z 727 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 STATE AGENCY: California Privacy Protection Agency A written comment period has been established commencing on May 29, 2026, and closing on July 13, 2026.

Written comments should be directed to the Fair Political Practices Commission, Attention: Maia Kocinsky–Kirkham, 1102 Q Street, Suite 3050, Sacra- mento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code 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 code will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest code, proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Govern - ment Code

Section 87302, employees who must dis - close 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 code 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 code.

Any written com - ments must be received no later than July 13, 2026. 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. CONTACT Any inquiries concerning the proposed conflict–of–interest code should be made to Maia Kocinsky–Kirkham, Fair Political Prac - tices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email mkocinsky–kirkham@fppc.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 728 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 Maia Kocinsky–Kirkham, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email mkocinsky–kirkham@fppc.ca.gov. TITLE 2.

STATE ALLOCATION BOARD PROPOSED AMENDMENTS TO THE FOLLOWING REGULATION SECTIONS ● 1859.2, 1859.71.3, 1859.77.1, 1859.78.5, 1859.79, 1859.83, 1859.163.1, 1859.163.5, 1859.164.2, 1859.167.1 AND 1859.168. PROPOSED AMENDMENTS TO THE FOLLOWING FORMS ● Form SAB 50–04, Application For Funding, (Rev. 12/25 01/26), which is incorporated by reference and referenced in Regulation

Section 1859.2. ● Form SAB 50–09, Application for Charter School Preliminary Apportionment, (Rev. 12/25 01/26), which is incorporated by reference and referenced in Regulation

Section 1859.2. PROPOSED ADOPTION OF THE FOLLOWING REGULATION

SECTION ● 1859.78.10. NOTICE IS HEREBY GIVEN that the State Allocation Board (SAB) proposes to amend the above–referenced regulation sections, including six associated forms, contained in Title 2, California Code of Regulations (CCR). A public hearing is not sched - uled. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Office of Public School Construction (OPSC) no later than 15 days prior to the close of the written comment period.

Following the public hearing, if one is request- ed, or following the written comment period if no pub- lic hearing is requested, OPSC, at its own motion or at the instance of any interested person, may adopt the proposals substantially as set forth above without fur - ther notice. AUTHORITY AND REFERENCE CITATIONS The SAB is proposing to amend the above–referenced regulation sections under the author- ity provided by Sections 17070.35, 17075.10, 17075.11, 17075.20, 17078.64 and 17078.74 of the Education Code.

The proposal interprets and make specific ref - erence Sections 8974, 17009.5, 17017.6, 17017.7, 17021, 17047, 17050, 17051, 17070.15, 17070.51(a), 17070.59, 17070.71, 17070.77, 17071.10, 17071.25, 17071.30, 17071.33, 17071.35, 17071.40, 17071.75, 17071.76, 17072.10, 17072.12, 17072.18, 17072.30, 17072.32, 17072.33, 17073.16, 17073.25, 17074.10, 17074.15, 17074.16, 17074.30, 17075.10, 17075.11, 17075.15, 17077.30, 17077.35, 17077.40, 17077.42, 17077.45, 17078.52, 17078.53, 17078.54, 17078.56, 17078.58, 17078.72, 17078.72(k), 17078.74, 17079, 17079.10, 17250.30, 17280, 56026, 101012(a) (8), 101122, Educa- tion Code;

Section 53311, Government Code; and Sec- tions 1771.3 in effect on January 1, 2012 through June 19, 2014 and 1771.5, Labor Code. INFORMATIVE DIGEST/POLICY OVERVIEW STATEMENT The Leroy F. Greene School Facilities Act of 1998 established, through Senate Bill 50,

Chapter 407, Stat- utes of 1998, the School Facility Program (SFP). The SFP provides a per–pupil grant amount to qualifying school districts for purposes of constructing school fa- cilities and modernizing existing school facilities. The SAB adopted regulations to implement the Leroy F. Greene School Facilities Act of 1998, which were ap- proved by the Office of Administrative Law and filed with the Secretary of State on October 8, 1999.

On November 5, 2024, a majority of California’s voters approved the Kindergarten through Grade 12 Schools and Local Community College Public Edu - cation Facilities Modernization, Repair, and Safety Bond Act of 2024 (Proposition 2). In addition to pro - viding $8.5 billion in bond authority for public Transi- tional Kindergarten through grade 12 school facilities, there are many provisions contained in Proposition 2 that require

interpretation and inclusion in the exist - ing School Facility Program (SFP) Regulations. Voter approval of Proposition 2 made provisions of Assem - bly Bill (AB) 247 (Muratsuchi,

Chapter 81, Statutes of 2024) operative. In part, this bill added Education Code Sections 17077.35 and 17078.74 for the energy efficiency and career technical education supplemen - tal grants, respectively. Between February and July 2025, OPSC held six stakeholder meetings to inform the development of proposed regulations implementing these two provi - sions of Proposition 2. At its meeting on December 3,

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 729 2025, the SAB adopted proposed regulatory amend - ments, on an emergency basis, that implement addi - tional provisions of AB 247 and Proposition 2. These two provisions are supplemental grants for Energy Ef- ficiency and Career Technical Education (CTE). The Energy Efficiency supplemental grant existed in the SFP in 2002, but the funds allocated for the grant were exhausted years ago. Proposition 2 amended pro- visions in Education Code

Section 17077.35 to pro - vide an increase of up to five percent of the state share, which covers the increased costs associated with in - cluding energy efficiency components in SFP New Construction, Modernization, and Charter School Fa - cilities Program (CSFP) New Construction and Reha - bilitation projects.

There is no longer a set limit on the total amount of funding available for energy effi - ciency supplemental grants and the grants will be pro- vided for qualifying applications as long as sufficient SFP New Construction or Modernization and CSFP New Construction or Rehabilitation bond authority is available.

The new CTE Supplemental Grant provides up to five percent of the state share of the Modernization base grant for qualifying Modernization projects or up to five percent of the state share of the CSFP Reha - bilitation base grant for qualifying CSFP Rehabilita - tion projects that include CTE components at middle and high schools that meet specific criteria.

The CTE supplemental grants are available for eligible Modern- ization and CSFP Rehabilitation projects and are sep - arate from the Career Technical Education Facilities Program, which is its own program and has its own Proposition 2 funding ($600 million in bond authori - ty) under the SFP. Attached to this Notice are the proposed regula - tions and two associated forms. The proposed regu - lations can also be reviewed on OPSC’s website at: Laws, Regulations for School Construction Projects .

Copies of the proposed regulations and the two asso - ciated forms will be mailed to any person requesting this information by using OPSC’s contact information set forth below in this Notice. The proposed regula - tions amend the SFP Regulations under the California Code of Regulations, Title 2,

Chapter 3, Subchapter 4, Group 1, State Allocation Board, Subgroup 5.5, Reg - ulations relating to the Leroy F. Greene School Facil - ities Act of 1998. Background and Problem Being Resolved On July 3, 2025, OPSC opened a new CSFP filing round, pursuant to Regulation

Section 1859.161, using the $600 million authorized by the passage of Proposi- tion 2. The filing round closed on October 30, 2025 in which OPSC received 116 applications from 91 char - ter schools requesting $2.78 billion in state funding. This amount is well over the $600 million authorized in Proposition 2. The applications submitted for the CSFP could be eligible for these two supplemental grants once the grants are approved and in effect.

The problem being resolved is implementing the new statutory authority for the SAB early on so school districts and county offices of education can plan and request the Energy Efficiency and CTE supplemen - tal grants now for their projects. Although charter schools’ applications have already been received by OPSC, with an early effective date of the regulations OPSC can include and calculate these two supplemen- tal grants in the preliminary apportionments should the projects qualify for them. This would maintain eq- uity and fairness in the SFP.

OPSC performed a search on whether the proposed regulatory amendments were consistent and com - patible with existing State laws and regulations and did not identify any inconsistent or incompatible ex - isting State laws or regulations. The proposed regu - latory amendments are consistent with and imple - ment provisions of statutory changes enacted with the passage of Proposition 2. Proceeding with the im - plementation of the proposed regulations will pro - vide a positive impact on the state’s economy, as well as the creation of an unknown number of jobs in the school construction industry.

Once school districts re- quest the release of state funds, manufacturing and construction–related industries such as architecture, engineering, trades and municipalities may expand based on the demand on these industries. School dis - tricts, county offices of education and applications for charter schools will also have the ability to take ad - vantage of the new Proposition 2 provisions. The pro- posed regulations will maintain equity, consistency, and the integrity of the SFP.

Anticipated Benefits of the Proposed Regulations There are benefits associated with the proposed reg- ulations in that they implement the new statutory au - thority for the SAB so school districts and county of - fices of education can plan and request the Energy Ef- ficiency and CTE supplemental grants now for their projects. Although charter schools’ applications have already been received by OPSC, with an early effec - tive date of the regulations OPSC can include and cal- culate these two supplemental grants in the prelimi - nary apportionments should the projects qualify for them.

This would maintain equity and fairness in the SF P. Additionally, the proposed regulations may have a positive impact on the state’s economy, as well as the creation of an unknown number of jobs in the school construction industry, by facilitating fund - ing for school construction. Once school districts re - quest the release of state funds, manufacturing and construction–related industries such as architecture, engineering, trades and municipalities may expand based on the demand on these industries.

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 730

Summary of the Proposed Regulations A

summary of the proposed regulations is as follows: Existing Regulation

Section 1859.2 represents a set of defined words and terms used exclusively for these regulations. The proposed amendments revise the Forms SAB 50–04 and SAB 50–09 that align with the Energy Efficiency and CTE supplemental grants in Education Code

Section 17077.35 and 17078.74. Existing Regulation

Section 1859.71.3 provides sup- plemental new construction funding to school dis - tricts that include energy efficient components in their SFP new construction projects. The proposed amend - ments differentiate between approved applications re- ceived by OPSC on or before October 30, 2024 and approved applications received by OPSC on or after October 31, 2024.

For those approved applications re- ceived on or before October 30, 2024, school districts have the option to continue with their approved ap - plication already received and accept a full and final apportionment or withdraw its application and resub - mit the approved application to be eligible for the new supplemental grant. For those approved applications received on or after October 31, 2024, school districts, county offices of education, and charter schools can apply for the energy efficiency supplemental grant us- ing the new points–based scoring system with new el- igibility criteria.

The new system determines the per - centage of supplemental grant funding allowed based on the Energy Code compliance approach and points achieved using the newly developed scoring sys - tem based on California Collaborative for High Per - formance Schools (CA–CHPS) created by the Divi - sion of the State Architect (DSA) and CA–CHPS for OPSC. There are two different compliance approach - es and the points scoring rubric is separated by the type of compliance method. There is a non–substan - tive change in subsection (d) (2), last line, that changes “OPCS” to “OPSC.” Existing Regulation

Section 1859.77.1 sets forth a school district’s matching share requirement for new construction grants. This

section differentiates a school district’s matching share requirement based on two dates: applications received before October 31, 2024 and applications received on or after October 31, 2024. Applications received before October 31, 2024 require set matching share contributions for both state and local; applications received after October 31, 2024 will require a matching share contribution based on the methodology and calculation in Regulation Sec - tion 1859.70.5 and will be known as the Local Funding Adjustment Grant. The proposed amendments cor - rect the Education Code

section for this supplemental grant and an edit that is considered a non–substantive change. Existing Regulation

Section 1859.78.5 provides supplemental modernization funding to school dis - tricts that include energy efficient components in their SFP modernization projects. The proposed amend - ments differentiate between approved applications re- ceived by OPSC on or before October 30, 2024 and approved applications received by OPSC on or after October 31, 2024.

For those approved applications re- ceived on or before October 30, 2024, school districts have the option to continue with the approved appli - cation already received and accept a full and final ap - portionment or withdraw its application and resubmit the approved application to be eligible for the new sup- plemental grant. For those approved applications re - ceived on or after October 31, 2024, school districts, county offices of education, and charter schools can apply for the energy efficiency supplemental grant us- ing the new points–based scoring system with new el- igibility criteria.

The new system determines the per - centage of supplemental grant funding allowed based on the Energy Code compliance approach and points achieved using the newly developed scoring system based on California Collaborative for High Perfor - mance Schools (CA–CHPS) created by the DSA and CA–CHPS for OPSC. There are two different compli- ance approaches and the points scoring rubric is sepa- rated by the type of compliance method. Adoption of Regulation

Section 1859.78.10 sets forth qualifying criteria for approved applications received by OPSC on or after October 31, 2024, to request the CTE supplemental grant for the costs associated with enhancements of CTE components in existing middle and high schools. The criteria includes, but is not lim- ited to, 1) at least one CTE component conforms to Education Code

Section 17078.74(c); 2) the applicant certifies that CTE costs exceed available moderniza - tion funding and are necessary to maintain industry standards; and 3) the applicant is a local education - al agency operating a comprehensive high school, has an active career technical advisory committee, and re- ceived a minimum plan score of 105 points from the California Department of Education on or after July 3, 2024. In addition, the CTE supplemental grant shall be the lesser of a five percent increase to the Moderniza - tion Grant or the costs for the CTE component of the qualifying modernization project.

Equipment costs are eligible only if the equipment has an average use - ful life expectancy of at least 10 years. Existing Regulation

Section 1859.79 sets forth a dis- trict’s modernization matching share contribution for approved applications received on or before April 29, 2002 (20 percent district share/80 percent state share) and for approved applications received after April 29, 2002 and on or before October 30, 2024 (40 percent district share/60 percent state share). The

section also stipulates that for approved applications received on or after October 31, 2024, a district’s modernization matching share contribution will be determined based

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 731 on Education Code Sections 17070.59 and 17074.16 and adjusted for the Local Funding Adjustment Grant using the methodology and calculation in Regulation

Section 1859.70.5. The proposed amendments correct the Education Code

section for the energy efficiency supplemental grant and there are several minor edits that are considered non–substantive changes. Existing Regulation

Section 1859.83 provides addi- tional school project funding (Excessive Cost Hard - ship Grants) for which school districts may apply as a result of unusual circumstances that create excessive project costs. The proposed amendments allow for the inclusion of funding provided by the CTE supplemen- tal grant to be used in the calculations to determine Excessive Cost due to Geographic Location. Fund - ing provided by the energy efficiency supplemental grant is already included in the determination formu - la. There are other supplemental grants added to this

section that include funding, such as the 75 Years or Older Building, Minimum Essential Facilities, and the Transitional Kindergarten supplemental grants. Fur - ther, there was a statutory authority lapse for Exces - sive Cost Hardship grants; however, the authority was restored with the addition of Education Code

Section 17075.11, which applies retroactively to applications submitted on or after October 31, 2024. There are mi- nor edits that are considered non–substantive changes. Existing Regulation

Section 1859.163.1 establishes construction cost funding caps for Preliminary Char - ter School Apportionment determinations, based upon grade level(

s) of the project and urban or non–urban location. The apportionment for charter school con - struction costs shall be the lesser of the funding cap amount or the total of specific cost components relat - ed to the size, scope, grade levels and location of the project. The proposed amendments add subsection (8) to allow applicants to reserve funding for the energy efficiency supplemental grant as part of the Prelimi - nary Charter School Apportionment for New Con - struction.

In addition, amendments are made to sub - sections (a), (a) (9), and (a) (10) to indicate the calcula- tion for determining the Preliminary Charter School Apportionment, the inflator factor, and the matching share through the form of lease payments include the energy efficiency reservation. Subsection (a) (8) has a minor edit that reflects the word “Section” in front of 1859.163.1(a) (1). This is considered a non–substantive change. Existing Regulation

Section 1859.163.5 provides the calculation that determines a Preliminary Charter School Rehabilitation Apportionment based on the el- igible square footage included in the project and addi- tional supplemental grants. This

section also 1) clar - ifies the calculation of supplemental grants, and the requirements and calculations for initiating and en - forcing a Labor Compliance Program as well as for prevailing wage monitoring and enforcement; and 2) aligns CSFP rehabilitation supplemental grants with Education Code requirements, specifically

Section 17078.54(d). The proposed amendments add: 1) sub - sections (a) (7) and (a) (8) to allow applicants to request and reserve funding for energy efficiency and CTE components as part of a Preliminary Charter School Apportionment for Rehabilitation; and 2) subsection (a) (6) to allow applicants to request and reserve fund- ing for accessibility and fire code requirements as part of a Preliminary Charter School Apportionment for Rehabilitation upon conversion from a Prelimi - nary Charter School Apportionment to a Final Char - ter School Apportionment. In addition, subsections (a) (9) and (a) (10) are renumbered because of the new- ly added subsections identified in this

section above, and there are a few minor edits that are considered non–substantive in nature. Existing Regulation

Section 1859.164.2 sets forth criteria for the release of funds to charter school enti - ties from preliminary charter school apportionments. “Advance” releases of funds are authorized for speci - fied design costs and site acquisition costs. Qualified charter schools must maintain financial soundness and fund releases must occur within specified time lim - its. The proposed amendments make minor changes by aligning the renumbering of subsections with those in Regulation Sections 1859.163.1 and 1859.163.5. Existing Regulation

Section 1859.167.1 specifies that the amount of the Final Charter School Apportionment may not be increased for site acquisition costs exceed- ing those calculated under

Section 1859.163.1(b), nor increased for useable acres for the project in excess of the previously approved recommended site size by the California Department of Education. The proposed amendments: 1) allow applicants to request funding for energy efficiency and CTE components for a Final Charter School Apportionment for a CSFP Rehabilita- tion project; and 2) provide clarification that the CSFP Rehabilitation Grant will be used in place of the Mod- ernization Grant to calculate the funding provided by Sections 1859.78.5 and 1859.78.10, and that funding provided by

Section 1859.78.10(b) (2) will be 50 per - cent of the OPSC–approved cots for the CTE scope of work, inclusive of equipment, included in an Ap - proved Application for a CSFP Rehabilitation project. Existing Regulation

Section 1859.168 specifies that the Preliminary Charter School Apportionment, once it is converted to a Final Charter School Apportion - ment, is subject to the district matching share require- ment and that the matching share requirement may be met through lease payments. The proposed amend - ment deletes the words “Section 1859.77.1 and” be - cause the matching share requirement for Preliminary Charter School Apportionments remains a 50 percent

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 732 local matching share that may be paid through lease payments in lieu of the matching share. Existing Form SAB 50–04, Application For Fund- ing, (Rev. 12/25 01/26), (incorporated by reference) is submitted by school districts to apply for State fund - ing for new construction and modernization projects. The proposed amendments incorporate the provisions of Proposition 2 outlined in this Finding of Emergen - cy, such as the supplemental grants for energy efficien- cy and CTE for new construction and modernization projects.

Since the revision date of 12/25, this form in- cludes approved language from an intervening regu - latory action approved by the Office of Administra - tive Law (OAL) [OAL File #2026–0424–01E] which changes the revision date to 01/26. Existing Form SAB 50–09, Application for Char - ter School Preliminary Apportionment, (Rev. 12/25 01/26, (incorporated by reference) is the form for charter school entities to apply for preliminary ap - portionments for qualifying projects. The proposed amendments incorporate and align with the pro - posed amendments that are reflected in the regula - tory text.

Since the revision date of 12/25, this form includes approved language from an intervening regulatory action approved by the OAL [OAL File #2026–0424–01E] which changes the revision date to 01/26. Statutory Authority and Implementation Education Code

Section 17070.35. (

a) In addition to all other powers and duties as are granted to the board by this chapter, other statutes, or the California Con - stitution, the board shall do all of the following:

(1) Adopt rules and regulations, pursuant to the rulemak - ing provisions of the Administrative Procedure Act,

Chapter 3.5 (commencing with

Section 11340) of

Part 1 of Division 3 of Title 2 of the Government Code, for the administration of this chapter. Government Code

Section 15503. Whenever the board is required to make allocations or apportion - ments under this part, it shall prescribe rules and reg - ulations for the administration of, and not inconsis - tent with, the act making the appropriation of funds to be allocated or apportioned. The board shall require the procedure, forms, and the submission of any infor- mation it may deem necessary or appropriate. Unless otherwise provided in the appropriation act, the board may require that applications for allocations or appor- tionments be submitted to it for approval.

Determination of Inconsistency or Incompatibility with Existing State Regulations On July 3, 2025, OPSC opened a new CSFP filing round, pursuant to Regulation

Implementing the new statutory authority for the SAB early on provides school districts and county of - fices of education time to plan and request the Ener - gy Efficiency and CTE supplemental grants now for their projects. Although charter schools’ applications have already been received by OPSC, with an early ef- fective date of the regulations OPSC can include and calculate these two supplemental grants in the prelim- inary apportionments should the projects qualify for them. This would maintain equity and fairness in the SF P.

After conducting a review, the SAB has conclud - ed that these are the only regulations on this subject, and therefore, the proposed regulations are neither in - consistent nor incompatible with existing State laws and regulations. The proposed regulations are within the SAB’s authority to enact regulations for the SFP under Education Code

Section 17070.35 and Govern - ment Code

Section 15503. Documents Incorporated by Reference ● Form SAB 50–04, (Rev. 12/25 01/26), referenced in Regulation

Section 1859.2 and is incorporated by reference. ● Form SAB 50–09, (Rev. 12/25 01/26), referenced in Regulation

Section 1859.2 and is incorporated by reference. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Executive Officer of the SAB has determined that the proposed regulations do not impose a mandate or a mandate requiring reimbursement by the State pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. It will not re - quire local agencies, school districts or charter schools to incur additional costs in order to comply with the proposed regulations. DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Executive Officer of the SAB has made the fol- lowing initial determinations relative to the required statutory categories: ● The SAB has made an initial determination that there will be no significant, statewide adverse economic impact directly affecting business, in - cluding the ability of California businesses to compete with businesses in other states.

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 733 ● The SAB is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. ● There will be no non–discretionary costs or sav - ings to local agencies. ● The proposed regulations create no costs to any local agency or school district requiring reim - bursement pursuant to

Section 17500 et seq., or beyond those required by law, except for the re - quired district contribution toward each project as stipulated in statute. ● There will be no costs or savings in federal fund- ing to the State. ● The proposed regulations create no costs or sav - ings to any State agency beyond those required by law. ● The SAB has made an initial determination that there will be no impact on housing costs.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Impact to Businesses and Jobs in California The proposed regulations promote transparency be- cause school districts and the school district commu - nity have been collaborating on the proposed regula - tions through a series of stakeholder meetings. The En- ergy Efficiency supplemental grant existed in the SFP in 2002, but the funds allocated for the grant were ex- hausted years ago. Proposition 2 amended provisions in Education Code

Section 17077.35 to provide an in- crease of up to five percent of the state share, which covers the increased costs associated with including energy efficiency components in SFP New Construc - tion, Modernization, and Charter School Facilities Program (CSFP) New Construction and Rehabilita - tion projects. There is no longer a set limit on the total amount of funding available for energy efficiency sup- plemental grants and the grants will be provided for qualifying applications as long as sufficient SFP New Construction or Modernization and CSFP New Con - struction or Rehabilitation bond authority is available.

The new CTE Supplemental Grant provides up to five percent of the state share of the Modernization base grant for qualifying Modernization projects or up to five percent of the state share of the CSFP Rehabil- itation base grant for qualifying CSFP Rehabilitation projects that include CTE components at middle and high schools that meet specific criteria. The CTE sup- plemental grants are available for eligible Moderniza- tion and CSFP Rehabilitation projects.

In addition, the proposed regulations will not nega - tively impact the creation of jobs, the creation of new businesses, and the expansion of businesses in Califor- nia. It is not anticipated that the proposed regulations will result in the elimination of existing businesses or jobs within California. Additionally, the proposed reg- ulations expand the SFP while maintaining program integrity and equity amongst school district projects.

Benefits to Public Health and Welfare, Worker’s Safety, and the State’s Environment ● The proposed regulations promote transparency because school districts and the school district community have been collaborating on the pro - posed regulations through a series of stakeholder meetings. ● There are continued benefits to the health and welfare of California residents and worker safety.

School districts, charter schools, and local edu - cational agencies utilize construction and trades employees to work on school construction proj - ects and although this proposed regulation does not directly impact worker’s safety, existing law provides for the availability of a skilled labor force and encourages improved health and safe - ty of construction and trades employees through proper apprenticeship and training.

Further, pub - lic health and safety is enhanced because a prop - erly paid and trained workforce will build school construction projects that are higher quality, structurally code–compliant and safer for use by pupils, staff, and other occupants on the site. ● There is no impact to the State’s environment from the proposed regulations. The SAB finds the proposed regulations fully con - sistent with the stated purposes and benefits.

EFFECT ON SMALL BUSINESSES It has been determined that the proposed regulations will not have a negative impact on small businesses in the ways identified in subsections (a) (1)–(4) of Sec - tion 4, Title 1, CCR. The proposed regulations only apply to school districts, local education agencies, and charter schools for purposes of funding school facility projects. Manufacturing and construction–related in - dustries such as architecture, engineering, trades and municipalities may expand based on the demand on these industries.

This may include new [small] busi - nesses, or the expansion of [small] businesses, which have a positive impact on the state’s economy and may also create an unknown number of jobs. SUBMISSION OF COMMENTS, DOCUMENTS AND ADDITIONAL INFORMATION Any interested person may present statements, ar - guments or contentions, in writing, submitted via U.S.

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 734 mail, email or fax, relevant to the proposed regulato - ry action. Written comments submitted via U.S. mail, email or fax must be received at OPSC no later than July 13, 2026 end of day. The express terms of the pro- posed regulations as well as the Initial Statement of Reasons are available to the public.

Written comments, submitted via U.S. mail, email or fax, regarding the proposed regulatory action, re - quests for a copy of the proposed regulatory action or the Initial Statement of Reasons, and questions con - cerning the substance of the proposed regulatory ac - tion should be addressed to: Lisa Jones, Regulations Coordinator Mailing Address: Office of Public School Construction 707 Third Street, 3rd Floor West Sacramento, CA 95605 Email Address: lisa.jones@dgs.ca.gov Fax Number: (916) 375–6721 AGENCY CONTACT PERSONS General or substantive questions regarding this No - tice of Proposed Regulatory Action may be directed to Ms.

Lisa Jones at (279) 946–8459. If Ms. Jones is un- available, these questions may be directed to the back- up contact person, Mr. Michael Watanabe, Deputy Ex- ecutive Officer, at (279) 946–8463. ADOPTION OF REGULATIONS Please note that, following the public comment pe - riod, the SAB may adopt the regulation substantially as proposed in this notice or with modifications, which are sufficiently related to the originally proposed text and notice of proposed regulatory activity.

If modifi - cations are made, the modified text with the changes clearly indicated will be made available to the public for at least 15 days prior to the date on which the SAB adopts the regulations. The modified regulation(

s) will be made available and provided to: all persons who testified at and who submitted written comments at the public hearing, all persons who submitted written comments during the public comment period, and all persons who requested notification from the agency of the availability of such changes. Requests for copies of any modified regula - tions should be addressed to the agency’s regulation coordinator identified above. The SAB will accept written comments on the modified regulations during the 15–day period.

SUBSTANTIAL CHANGES WILL REQUIRE A NEW NOTICE If, after receiving comments, the SAB intends to adopt the regulation with modifications not sufficient- ly related to the original text, the modified text will not be adopted without complying anew with the notice requirements of the Administrative Procedure Act. RULEMAKING FILE Pursuant to Government Code

Section 11347.3, the SAB is maintaining a rulemaking file for the proposed regulatory action. The file currently contains: 1. A copy of the text of the regulations for which the adoption is proposed in strikeout/underline. 2. A copy of this Notice. 3. A copy of the Initial Statement of Reasons for the proposed adoption. 4. The factual information upon which the SAB is relying in proposing the adoption. As data and other factual information, studies, re - ports or written comments are received they will be added to the rulemaking file.

The file is available for public inspection at OPSC during normal working hours. Items 1 through 3 are also available on OPSC’s Internet Web site at: Laws, Regulations for School Construction Projects then scroll down to School Fa - cility Program, Pending Regulatory Changes, Feb - ruary 25, 2026 Non–Emergency Regulations, and click on the links entitled 45–day Public Notice, Ini - tial Statement of Reasons, Proposed Regulation Text, Forms SAB 50–01 through 50–04 and Forms SAB 50–09 and 195. ALTERNATIVES In accordance with Government Code

Section 11346.5(a) (13), the SAB must determine that no rea - sonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the pro - posed action, or would be more cost–effective to af - fected private persons and equally effective in imple - menting the statutory policy or other provision of law. There were no alternatives considered.

The SAB is charged with ensuring that the provisions of Proposi - tion 2 are implemented in the SFP in a timely manner. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available, and copies may be requested from

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 735 the agency’s regulation coordinator named in this no - tice or may be accessed on the website listed above. TITLE 16. OSTEOPATHIC MEDICAL BOARD RETIRED LICENSE, PETITIONS AND FEES NOTICE IS HEREBY GIVEN that the Osteopath- ic Medical Board of California (Board) is proposing to take the action described in the Informative Digest be- low, after considering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or the interested person’s authorized representative, no later than fif - teen (15) days prior to the close of the written com - ment period. A hearing may be requested by making such request, in writing, addressed to the individuals 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 Notice, must be received by the Board at its office no later than Monday, July 13, 2026, or must be received by the Board at the hearing, should one be scheduled. AUTHORITY AND REFERENCE Pursuant to the authority vested by the Osteopathic Act (Initiative Measure, Stats. 1923, p. xciii),

Section 1, and Sections 464, 820, 2018, 2064.5, 2307.5, 2451, 2452, 2456.1, and 3600–1, Business and Professions Code (BPC), and to implement, interpret or make spe- cific sections 701, 703, 704, 822, 823, 2042, 2064.5, 2190, 2190.5, 2190.6, 2221, 2273, 2307, 2307.5, 2426, 2427, 2428, 2451, 2452, 2454.5, 2455, 2455.1, 2456, 2456.1, 2456.2, and 2456.3 of the BPC; and,

Section 13143 of the Government Code, the Board is consider- ing changes to Division 16 of Title 16 of the California Code of Regulations (CCR) sections 1630, 1636, 1646, 1647, 1648, 1656, 1658, and 1690 as described in this Notice. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Osteopathic Medical Board of California (Board) was created by the voters of the State of Cal - ifornia, who in 1922 passed an initiative measure to enact the Osteopathic Act (“Act” –– Osteopathic Act (Initiative Measure at Stats. 1923, p. xciii), which is re- printed, as amended, at Bus. & Prof. Code, §§ 3600–1 and following).

The Act vested the Board with the au- thority to regulate the practice of medicine by osteo - pathic physicians and surgeons. Per Business and Pro- fessions Code (BPC)

section 3600, the law governing licentiates of the Osteopathic Medical Board of Cali - fornia is found in the Act and in

Chapter 5 of Division 2 of the BPC (Medical Practice Act). Per BPC

section 2450.1, the Board’s highest priority is to protect consumers through its licensing, regula - tory and disciplinary oversight of osteopathic physi - cians and surgeons and postgraduate training licens - ees. The Board is authorized by the Act (at

Section 1 –– reprinted at BPC § 3600–1) and the Medical Prac- tice Act at BPC

section 2018 to establish necessary rules and regulations for the enforcement of the Osteo- pathic Act and the Medical Practice Act as it applies to osteopathic physician and surgeons (“physicians”) and postgraduate training licensees in accordance with BPC

section 2452. The Board currently regulates 16,272 osteopathic physicians and surgeons and 1,174 postgraduate training licensees throughout California.

This proposal would update and add new renew - al and application requirements and requirements for payment of associated fees, adopt a new application process for placing a license in retired status and re - storing such license to active status, adopt new re - quirements for filing petitions for reinstatement and modification of penalty (petitions for penalty relief) and set the associated applicable application and adju- dication fees for each type of petition, repeal outdated regulatory provisions and make other non–substantive and technical clean–up changes, as specified.

Updates to Requirements for Practice in Good Standing and Active and Inactive Status Renewals — Amend 16 CCR sections 1630, 1636, 1646, and 1647 The Osteopathic Initiative Act provides that “the law governing licentiates of the Osteopathic Medical Board of California is found in the Osteopathic Act and in

Chapter 5 of Division 2, relating to medicine.” (reprinted at BPC § 3600). BPC

section 2452 provides, in part: “This

chapter applies to the Osteopathic Med- ical Board of California so far as consistent with the Osteopathic Act.” Board regulations related to active practice in “good standing” and renewal of licensure (in both active and inactive status) in Division 16 of Title 16 of the Cali - fornia Code of Regulations (hereinafter “CCR”) were

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 736 last substantively amended in 1995 and do not cov - er all existing requirements in law or regulations for renewal and practice in good standing. As a result of changes from statutes, regulations, and program rec - ommendations, the Board proposes to update its cur - rent renewal requirements for both active and inac - tive licenses.

This would include repealing the exist - ing incorporated application forms (“License Renew - al OMB.2 or OMB.2a Rev.11/94”) and replacing them with a narrative list in the CCR of renewal require - ments for renewing in both active and inactive status and outlining options for mail or online completed re- newal application submission, as specified. Adoption of Retired License Status and Restoration to Active Status Requirements –– CCR

section 1648 While BPC

section 464 gives the Board statutory authority to issue retired licenses, it does not specify the provisions and procedures for obtaining such li - censes. Therefore, without regulations in place, there is no formal process for a licensee who is retired and no longer practicing for placing their license on a re - tired status and alleviating the expense of license re - newal fees for a license they are no longer using. Currently, licensees who no longer wish to practice must either utilize the inactive status pursuant to CCR

section 1646 and pay the biennial inactive certificate fee of $300 or choose not to renew in inactive status, let their license expire into delinquent status, and can- cel after five years. By providing a means to obtain a retired status, licensees who are no longer practicing avoid the possible stigma in their professional commu- nity from having a licensed placed in a “delinquent” or “cancelled” status and can be relieved from the ex - pense of fees. The Board’s proposal would address the foregoing issues by: (1) adopting CCR

section 1648 to specify who is el - igible for a retired license, how to apply for and obtain a retired license, and how a holder of a re- tired license may return to active status, (2) amending CCR

section 1690 to assign a retired license fee of $200 for the processing of a retired license status application; and, (3) amending CCR

section 1690 to assign a fee of $400 for processing the application to restored retired license to active status. These proposed regulations will also incorporate by reference the following applications:

(1) Application for Retired License OMB.31 (New 11/2025) and

(2) Application to Restore Retired License to Active Sta - tus OMB.32 (New 11/2025). Petitions for Reinstatement of License or Modification of Penalty or Petitions for Reinstatement of Certificates Restricted or Revoked Due to Mental or Physical Illness (“Petitions for Penalty Relief”) –– Amendments to CCR sections 1656 and 1658 Existing regulations at CCR sections 1656 and 1658 for filing petitions for penalty relief specify that such petitions shall be filed at the Board’s Sacramento of - fice within a specified time period (30 or 60 days, as applicable) prior to any meeting of the Board.

Howev- er, the regulations do not specify the content of any pe- tition application, the submission method, or fees re - quired for a petition to be accepted by the Board. This proposal would amend these sections to spec - ify required content and the method of submission of a petition by submitting the form “Petition for Penalty Relief OMB.7 (New 11/2025) (Form OMB.7)”, which would be incorporated by reference and include the applicable nonrefundable application fee required by CCR

section 1690 (discussed further below).

The pro- posal would also establish additional requirements for petitioners to meet, including: (1) for petitioners for reinstatement, meeting speci - fied fingerprinting requirements prior to submis - sion of the Form OMB.7 to the Board. (2) using acceptable payment methods for submit - ting the specified petition application and adju - dication fees to the Board for the processing and adjudication of their petition, as specified. (3) establishing minimum processing requirements including requiring that the processing of any Form OMB.7 would commence only after the specified application fee has been received, the payment clears the petitioner’s bank, and the funds are deposited in the Board’s account with - in 30 days of the check or money order being deposited. (4) specifying requirements for accepting and pro - viding a petitioner with a written notice of the acceptance of a petition for the setting of an ad - ministrative hearing, including notice require - ments for paying a $20,000 fee to adjudicate the petition within 90 days of the date the Board sent the petitioner the written notice of acceptance of their petition. (5) specifying a process for providing the petitioner with notice of the “reasonable costs” (as defined) incurred by the Board, which would be provided within 120 days of the date of a petitioner’s hear- ing on their petition. (6) specifying a process for providing a petitioner with a possible refund of a portion of the fees to adjudicate the petition in the event of overpay - ment and calculated in accordance with CCR sec- tion 1690.

This would include providing petition-

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 737 ers a fee payment statement within 120 days of the date of their hearing on their petition.

(7) Specifying that if the costs incurred by the Board are less than initially required to be paid to adju - dicate the petition, the Board would also provide a statement detailing the refund that will be pro - vided and the anticipated date when the refund will be issued.

(8) Establishing consequences for noncompliance with the petition for penalty relief requirements, as specified, including that failure to comply with specified requirements shall result in the petition being rejected as incomplete.

(9) Specifying that written notice of any petition re - jection shall be provided to the petitioner upon the Board’s determination that the petitioner has not met specified requirements. Fee Increases and Adoption of New Fees in CCR

section 1690 BPC sections 2455, 2456 and 2456.1 authorize the Board to set fees by regulation and sets forth the mini- mum and maximum fee ranges for application, bienni- al license, inactive, renewal, and delinquency fees for osteopathic physicians and surgeons. BPC

section 464 also authorizes the Board to prescribe fees for obtain - ing a retired license and restoring a retired license to active status. BPC

section 2307.5 also authorizes the Board to adopt regulations to establish a fee to be paid by a person seeking a license reinstatement or modifi- cation of penalty pursuant to

Section 2307, not to ex - ceed the Board’s reasonable costs to process and ad - judicate a petition submitted pursuant to BPC

section 2307. The proposed regulations would include increases to fees and adoption of new fees in CCR

section 1690 as follows: Physician and Surgeon certificate application, renewal and delinquency fees: ● Original Certificate Application: Current $200; Proposed $400. ● Reciprocity Certificate Application: Current $200; Proposed $400. ● Biennial Inactive Certificate Renewal: Current $300; Proposed $399. ● Delinquent Certificate Renewal: Current $100; Proposed $200. ● Delinquent Inactive Certificate Renewal: Pro - posed $199.50. ● Add Retired License Application: Proposed $200. ● Add Application to Restore Retired License to Active Status: Proposed $400.

Physician and Surgeon Petitions for Reinstatement and Modification of Penalty fees: ● Add Petition for Reinstatement Application: Pro- posed $2,800. ● Add Petition for Modification of Penalty Applica- tion: Proposed $1,500. ● Add Subsection (n): Fee Required to Adjudicate a Petition for Reinstatement or Modification of Penalty and Possible Fee Reduction Process: $20,000 unless the petitioner is entitled to a de - crease in fees as provided in subsection (

o) of 1690, in which case the final fee would be a lesser fee calculated in accordance with subsection (o). CCR 1690(

o) would provide that: In accordance with sections 1656 and 1658, the Board shall provide each petitioner an itemized in - voice that shows the initial determination by the Board of the reasonable costs for adjudicating their petition expressed in a total dollar value number. If the total dollar value number for the Board’s reasonable costs is less than the amount set forth in subsection (n), then the final fee required to adjudicate a petition shall be reduced to that total value number and reflected in the invoice provided to the petitioner pursuant to sections 1656 or 1658, as applicable.

Finally, this proposal makes technical and non–sub- stantive changes to text to remove obsolete regulato - ry language that would be confusing to all interested stakeholders. ANTICIPATED BENEFITS OF PROPOSAL The Board has determined that this regulatory pro - posal will have the following benefits to the health and welfare of California residents: This regulatory proposal benefits the health and welfare of California residents because proposed amendments to the Board’s fee

schedule will help to reduce the Board’s structural budget imbalance, re - cover costs, and allow the Board additional time to seek legislative changes before insolvency, which al - lows the Board enough time to seek authority to in - crease statutory fee levels to eliminate the structur - al imbalance. The proposed fee increases will help to reduce the structural imbalance in the short term and help the Board to recover its administrative costs to ensure the Board has funds to carry out its consumer protection mandate in the near future.

Changes to the Board’s renewal processes would strengthen oversight and provide greater assurances of the accuracy, completeness, and timeliness of appli - cant submissions. Additionally, the proposal provides clear and consistent requirements for renewal while making specific submission standards for the Board. This proposal would also establish a consistent and simple process for obtaining retired license status and

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 738 would eliminate barriers for those who wish to retire and have the option of placing their license in a retired status.

Establishing processes for petitioning for rein - statement or modification of penalty will further the Board’s mission of consumer protection by preserving the Board’s time and financial resources through add- ing a form to apply for penalty relief to expedite pro - cessing and establishing an application fee and also a fee to adjudicate a petition for reinstatement or modi - fication of penalty, which would be paid by individu - als seeking to reinstate their license or modify or ter - minate their order of probation early.

These processes will also help ensure that the Board can more effec - tively determine whether a physician may be reinstat - ed to practice with safety to the public while ensuring the Board recovers its administrative costs for the ser- vices provided. This regulatory proposal does not affect worker safety or the environment as it does not relate to work- er safety or the state’s environment.

EVALUATION OF CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing this regulatory proposal, the Board conducted a search of any simi - lar regulations on these topics and has concluded that these regulations are neither inconsistent nor incom - patible with existing state regulations. INCORPORATION BY REFERENCE

(1) Repeal of Forms “License Renewal OMB.2 or OMB.2a Rev.11/94”.

(2) Adoption of Form “Petition for Penalty Relief OMB.7 (New 11/2025)”.

(3) Adoption of Form “Application for Retired Li - cense OMB.31 (New 11/2025)”.

(4) Adoption of Form “Application to Restore Re - tired License to Active Status OMB.32 (New 11/2025)”. 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: Workload Costs: The Board already administers the fee types currently being assessed, including the delinquent inactive certificate renewal fee and will (only) incur workload and costs for the newly pro - posed fee types.

The Board estimates the regulations will result in additional workload costs ranging from approximately $147,000 to $191,000 and up to $1.68 million over a ten–year period. Additionally, the Board will incur one–time infor - mation technology workload costs of $600 to update and post three forms on the Board’s website. Revenues: T h e B o a r d e s t i m a t e s r e v e n u e s o f a p- proximately $415,000 per year and up to $4.15 million over a ten–year period.

Other: The Department of Justice (DOJ) receives $49 per fingerprint background check of which $17 is passed onto the Federal Bureau of Investigations (FBI). The Board projects up to six fingerprint back - ground checks will be completed per year, which re - sults in revenues of $192 to DOJ and $102 to the FBI. The DOJ and FBI workload costs are unknown, and the Board does not have a fiscal workload cost esti - mate at this time. Nondiscretionary Costs/Savings to Local Agen - cies: None. Costs 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. This initial determination is based on the following facts: The regulation would increase fees charged to licensees and applicants as reflected in the “Cost Im - pact on Representative Private Person or Business”

section below. However, the proposed regulations will not have a significant statewide adverse economic impact on businesses, including the ability to compete with oth - er businesses in California, because the fee increases are considered to be minor compared to the income of most applicants and licensees in this profession. Cost Impact on Representative Private Person or Business The proposed regulations will increase existing ap - plication fees and establish new fees as follows: ● Original Certificate Application: Current $200; Proposed $400. ● Reciprocity Certificate Application: Current $200; Proposed $400.

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 739 ● Biennial Inactive Certificate Renewal: Current $300; Proposed $399. ● Delinquent Certificate Renewal: Current $100; Proposed $200. ● Delinquent Inactive Certificate Renewal: Pro - posed $199.50. ● Retired License Application: Proposed $200 (new). ● Restore Retired License to Active Status: Pro - posed $400 (new). ● Petition for Reinstatement Application: Proposed $2,800 (new). ● Petition for Modification of Penalty Application: Proposed $1,500 (new). ● Adjudicate a Petition for Reinstatement or Mod - ification of Penalty: Proposed $20,000 with the possibility of reductions based on actual costs (new).

The regulations are estimated to result in addition - al costs of approximately $415,000 per year and up to $4.15 million over a ten–year period. The Board notes, any retired licensee opting to re - store their license to active status may be required to completed up to 50 hours of continuing education (CE) coursework with estimated costs of $500 to com- ply. The Board estimates up to two individuals may need to fulfill the CE requirement, which results in ad- ditional costs of $1,000 per year.

It is difficult to determine the amount of CE tuition fee revenues impacting California businesses because CE coursework can be complete online through an out–of–state provider. As a result, the Board does not have an estimate of CE tuition fee revenues impacting the state at this time. The Board further notes, $26 of the fingerprint background check costs ($75) will be retained by the local business vendor. The Board estimates up to six fingerprint checks will be completed per year, which results in annual revenues of approximately $156 for these businesses.

Please see the Initial Statement of Reasons for fur - ther information. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses The Board has determined that this regulatory pro - posal will have no significant impact on any of the following: ● Creation or elimination of jobs in the state. ● Creation or elimination of new businesses or the elimination of existing businesses in the state. ● Expansion of businesses in the state.

This proposal would not have any of the above–referenced impacts because these costs are con- sidered minor compared to the income of most appli - cants and licensees and businesses in this profession. The regulations are estimated to result in addition - al costs of approximately $415,000 per year and up to $4.15 million over a ten–year period. Benefits of Regulation: The Board has determined that this regulatory pro - posal will benefit the health and welfare of Califor - nia residents because proposed amendments to the Board’s fee

schedule will help to reduce the Board’s structural budget imbalance, recover costs, and allow the Board additional time to seek legislative chang - es before insolvency, which allows the Board enough time to seek authority to increase statutory fee levels to eliminate the structural imbalance. The proposed fee increases will help to reduce the structural imbal - ance in the short term and help the Board to recover its administrative costs to ensure the Board has funds to carry out its consumer protection mandate in the near future.

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 740 Effect on Small Business: This regulation may have an economic impact on businesses, specifically, the Board’s licensees and ap- plicants, as well as businesses providing fingerprint services, but the effects are anticipated to be minimal. The regulations are estimated to result in additional costs of approximately $415,000 per year and up to $4.15 million over a ten–year period.

The Board notes, any retired licensee opting to re - store their license to active status may be required to complete up to 50 hours of continuing education (CE) coursework with estimated costs of $500 to comply. The Board estimates up to two individuals may be need to fulfill the CE requirement, which results in additional costs of $1,000 per year. It is difficult to determine the amount of CE tuition fee revenues impacting California businesses because CE coursework can be completed online through an out–of–state provider.

As a result, the Board does not have an estimate of CE tuition fee revenues impacting the state at this time. The Board further notes, $26 of the fingerprint background check costs ($75) will be retained by the local business vendor. The Board estimates up to six fingerprint checks will be completed per year, which results in annual revenues of approximately $156 for these businesses. 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 comments to the Board in writing relevant to the above determinations during the written comment period, or at the hearing if one is scheduled or requested, to the Board at the address listed under Contact Persons in this Notice, which is 1300 National Drive, Suite 150, Sacramento CA 95834. 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 1300 Nation- al Drive, Suite 150, Sacramento CA 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 below or by access - ing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be directed to: Name: Terri Thorfinnson, Legislation and Regulatory Specialist Address: 1300 National Drive, Suite 150 Sacramento, CA 95834 Telephone: (916) 928–8390 Fax: (916) 928–8392 Email: Terri.Thorfinnson@dca.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 741 The back–up contact person is: Name: Erika Calderon, Executive Director Address: 1300 National Drive, Suite 150 Sacramento, CA 95834 Telephone: (916) 928–8390 Fax: (916) 928–8392 Email: Erika.Calderon@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the 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.ombc.ca.gov/laws_regulations/pending_ regulations.shtml GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR RAW WATER LINE REPLACEMENT PROJECT — HARE CREEK CROSSING 2080–2026–008–01 MENDOCINO COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on May 12, 2026 that the City of Fort Bragg proposes to rely on a consultation between federal agencies to carry out a project that may adversely affect a species protected by the Cali - fornia Endangered Species Act (CESA).

The proposed project involves replacing approximately two–miles of the city’s main raw water supply pipeline south of the water treatment plant. Proposed activities will in - clude, but are not limited to, water diversion via the construction of two barrier dams and pumping, exca - vation, removal of existing pipeline, and the installa - tion of the new pipeline. The proposed project will oc- cur over two miles of pipeline, however the portion of this project that is the subject of this notice ranges from Forest Road 450 down through Hare Creek, Fort Bragg, Mendocino County, California.

The National Marine Fisheries Service (NMFS) is - sued a federal biological opinion (BO) (NMFS. Num - ber WCRO–2025–00645) in a memorandum to the U.S. Army Corps of Engineers of Reclamation on May 19, 2025, which considered the effects of the proposed project on state and federally endangered Central Cal- ifornia Coast coho salmon (Oncorhynchus kisutch). Pursuant to California Fish and Game Code

section 2080.1, the City of Fort Bragg is requesting a determi- nation that the Incidental Take Statement (ITS) and its associated BO are consistent with CESA for purposes of the proposed project. If CDFW determines the ITS and associated BO are consistent with CESA for the proposed project, the City of Fort Bragg will not be re- quired to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project. DECISION NOT TO PROCEED DEPARTMENT OF TAX AND FEE ADMINISTRATION NOTICE OF DECISION NOT TO PROCEED PURSUANT TO GOVERNMENT CODE

SECTION 11347 RE: NOTICE OF PROPOSED RULEMAKING CONCERNING THE HAZARDOUS SUBSTANCES TAX LAW NOTICE IS HEREBY GIVEN that pursuant to Government Code

section 11347, the California De - partment of Tax and Fee Administration (Department) has decided not to proceed with the rulemaking ac - tion published in the California Notice Registry on October 3, 2025, Register 2025, Number 40–Z. The proposed rulemaking concerned the Hazardous Sub - stances Tax Law (OAL Notice Z2025–0918–03).

Any interested person with questions con - cerning this rulemaking should contact Kim DeArte, Regulations Coordinator, by telephone at (916) 309–5227, by fax at (916) 322–2958, by email at CDTFARegulations@cdtfa.ca.gov, or by mail to: Cal- ifornia Department of Tax and Fee Administration, Attention: Kim DeArte, MIC:50, 651 Bannon Street, Suite 100, Sacramento, CA 95811–0299. The Department will also post this No - tice of Decision Not to Proceed on its website at www.cdtfa.ca.gov/taxes–and–fees/HSTL–Regs.htm.

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 742 RULEMAKING PETITION DECISION DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE OF DECISION ON PETITION TO AMEND REGULATIONS PURSUANT TO GOVERNMENT CODE 11340.7 Petitioner Neil Stone. Department Contact Person Please direct any inquiries regarding this action to Cynthia Baeta, Associate Director (A), Regulation and Policy Management Branch, Department of Correc - tions and Rehabilitation, P.O. Box 942883, Sacramen- to, CA 94283–0001.

Availability of Petition The petition to amend regulations is available upon request directed to the Department’s contact person. Authority Penal Code Sections: 5054 and 5058. Provisions of California Code of Regulations Affected: Title 15, Crime Prevention and Corrections. Division 3, Adult Institutions, Programs and Parole.

Summary of Petition and Department Decision: Subsection 3076 Petitioner’s Request: The petitioner requests to amend 3076 and 3076(b), specifically the petitioner requests “that CDCR implement a program requiring a set number of incarcerated persons (IPs) be recom - mended for exceptional conduct sentence recall annu- ally from each facility at each institution.” Reason for Request: Petitioner states that the rea - son for this request is to promote positive behavior, creation of safer prisons and provides incarcerated persons with an “incentive to engage positively with staff in their housing units and on the facility.” Department’s Decision: The request is denied as moot.

CDCR is working to amend the cited regulation. If you are interested in receiving the Department’s No- tice of Change to Regulations for all regulatory chang- es, please send your request to be added to the mailing list to: Regulation and Policy Management Branch, P.O. Box 942883, Sacramento, CA 94283–0001.

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

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. Department of Fish and Wildlife File # 2026–0408–08 Rescind Commission Groundfish Management Measures In this certificate of compliance pursuant to Gov - ernment Code

section 11346.1(e), the Department of Fish and Wildlife makes permanent amend - ments made in emergency OAL Matter Nos. 2025–0811–05E and 2026–0206–01EE. The amend - ments rescind the application of the Commercial Groundfish Restriction Area (CGRA) and associated 20–fathom boundary line for commercial groundfish fisheries north of 37° 07' North latitude (Año Nuevo). The amendments also extend federal trip limits for non–nearshore groundfish stocks into state waters north of 37° 07' North latitude, while commercial re - tention of quillback rockfish would remain prohibited, statewide.

Title 14 Amend: 150.06, 150.16 Filed 05/20/2026 Effective 05/20/2026 Agency Contact: Mike Randall (916) 902–9109 Fish and Game Commission File # 2026–0409–02 Recreational Take of Groundfish This certificate of compliance pursuant to Gov - ernment Code

section 11346.1(

e) by the Califor - nia Fish and Game Commission makes permanent amendments regarding the recreational take of rock - fish, cabezon, greenling, and lingcod in Califor - nia as originally implemented in OAL Matter Nos. 2025–0822–02E and 2026–0213–05EE.

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 743 Title 14 Amend: 1.91, 27.25, 27.30, 27.35, 27.40, 28.55 Filed 05/19/2026 Effective 05/19/2026 Agency Contact: Sherrie Fonbuena (916) 902–9284 Department of Industrial Relations File # 2026–0406–01 Orders Regulating Industries and Occupations (Orders 1, 2, 3, and 6) This file and print action by the Department of In - dustrial Relations amends and republishes orders reg - ulating wages, hours, and working conditions in spec- ified industries and makes nonsubstantive changes. This action is exempt from the Administrative Proce - dure Act pursuant to Labor Code

section 1182.13 and is submitted to the Office of Administrative Law for filing with the Secretary of State and printing in the California Code of Regulations. Title 08 Amend: 11010, 11020, 11030, 11060 Filed 05/18/2026 Effective 05/18/2026 Agency Contact: Casey Raymond (213) 576–7730 Division of Workers’ Compensation File # 2026–0407–04 Medical Treatment Utilization

Schedule (MTUS) This request for filing and printing by the Division of Workers’ Compensation of the Department of Indus - trial Relations (the Division) makes evidence–based updates to the medical treatment utilization

schedule (the MTUS) pursuant to Labor Code

section 5307.27. Title 08 Amend: 9792.22; 9792.23.9; 9792.24.2 Filed 05/18/2026 Effective 06/01/2026 Agency Contact: Daniel Biedler (510) 286–0563 Board of Optometry File # 2026–0407–02 Foreign Graduate Sponsorship This

section 100 action pursuant to California Code of Regulations, title 1,

section 100, by the State Board of Optometry repeals a regulation regarding the spon- sorship of foreign graduates to take the National Board of Examiners in Optometry examination. This regulatory change is based on statutory changes made through Assembly Bill 1708 (Chapter 564, Statutes of 2017). Title 16 Repeal: 1530.1 Filed 05/19/2026 Agency Contact: Serena St. Mary (279) 895–1466 Board of Optometry File # 2026–0408–03 NBEO

Part III Exam Name This

Section 100 action filed by the California State Board of Optometry pursuant to California Code of Regulations, title 1,

section 100, updates the name for a

section of the licensing exam that is prepared by the National Board of Examiners in Optometry ( NBEO). Title 16 Amend: 1523, 1531, 1561 Filed 05/19/2026 Agency Contact: Serena St. Mary (279) 895–1466 Board of Optometry File # 2026–0408–04 Mobile Optometric Office Requirements This action submitted by the Board of Optometry pursuant to California Code of Regulations, title 1,

section 100, amends mobile optometric office require- ments to align with Business and Professions Code

section 3070.2, as amended by Senate Bill 776 (Stats. 2025,

chapter 788,

section 28). Title 16 Amend: 1584.5, 1586, 1587 Filed 05/20/2026 Agency Contact: Serena St. Mary (279) 895–1466 Board of Optometry File # 2026–0408–05 Corporation Applications and Branch Office Licenses In this

section 100 action pursuant to California Code of Regulations, title 1,

section 100, the Califor - nia State Board of Optometry repeals certificate of registration and branch office requirements for opto - metric corporations, pursuant to the repeal of Busi - ness and Professions Code sections 3161 and 3162 in AB 2256 (Chapter 564, Stats. 2006) and the amend - ment of Business and Professions Code

section 3077 in SB 1386 (Chapter 334, Stats. 2018.) Title 16 Repeal: 1544, 1549, 1550 Filed 05/19/2026 Agency Contact: Serena St. Mary (279) 895–1466

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 744 California Department of Tax and Fee Administration File # 2026–0413–02 Filing a Claim for Refund, Review of a Request for Relief In this action pursuant to California Code of Regu - lations, title 1,

section 100, the California Department of Tax and Fee Administration updates the department names, email addresses, and fax numbers in response to agency reorganization. Title 18 Amend: 35039, 35053 Filed 05/20/2026 Agency Contact: Kim DeArte (916) 309–5227 Department of Social Services File # 2026–0406–03 A.B. 2231,

Chapter 823, Stats. 2016 In this action pursuant to California Code of Reg - ulations, title 1,

section 100, the Department of So - cial Services amends the Penalties and Appeals reg - ulations pertaining to Residential Care Facilities for the Elderly (RCFEs) to incorporate amendments by Assembly Bill 2231,

Chapter 823, Statutes of 2016 to Health and Safety Code

section 1596.49. Title 22, MPP Amend: 87759, 87761, 87763 Filed 05/18/2026 Agency Contact: Tyler Penn (916) 204–0337 Department of Toxic Substances Control File # 2026–0408–07 Manufactured Gas Plant Waste Exclusion from the Toxicity Characteristic In this non–substantive amendment pursuant to Health and Safety Code

section 25159.1, the Depart - ment of Toxic Substances Control amends the Tox - icity Characteristic regulations to align with federal regulations. Title 22 Amend: 66261.24 Filed 05/15/2026 Agency Contact: Clara Silva (916) 324–0912 Department of Pesticide Regulation File # 2026–0402–01 Groundwater Protection List In this rulemaking action, the Department of Pes - ticide Regulation updates the Groundwater Protec - tion List and its scientific methodology for identifying which pesticides must be placed on that list.

Title 03 Adopt: 6805 Amend: 6622, 6624, 6800 Repeal: 6804 Filed 05/13/2026 Effective 07/01/2026 Agency Contact: Lauren Otani (916) 445–5781 Department of Pesticide Regulation File # 2026–0410–03 Heat Illness and Personal Protective Equipment — Chemical — Resistant Suits This rulemaking action by the Department of Pesticide Regulation (“Department”) clarifies chemical–resistant suit requirements and removes a duplicative and obsolete heat illness prevention re - quirement concerning employees wearing required chemical–resistant suits.

Title 03 Amend: 6738.1 Filed 05/20/2026 Effective 07/01/2026 Agency Contact: Lauren Otani (916) 445–5781 California Department of Tax and Fee Administration File # 2026–0403–01 Sales of Vehicles for Interstate and Foreign Commerce In this resubmitted regulatory action, the Depart - ment of Tax and Fee Administration addresses the sale of vehicles to non–California residents for use out–of–state. It also addresses the sale of vehicles for use exclusively out–of–state or in interstate or foreign commerce.

The regulations define terms, specify the application of and exemption to taxes for the sale, stor- age, use, or other consumption of a vehicle, and imple- ment the requirements the Revenue and Taxation Code tax exemptions. Title 18 Adopt: 1620.15 Amend: 1620.1 Filed 05/14/2026 Effective 07/01/2026 Agency Contact: Kim DeArte (916) 309–5227

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 22–Z 745 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quar - ter. For additional information on actions taken by OAL, please visit oal.ca.gov.

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2026, No. 22
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	aed266b8f4a456343b7a8e79ae47346cefe6f671

Source file is stored in the law ingest library (pdf).