Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 19–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 10, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2024–0430–01 ......................................... 527 AMENDMENT Multi–County: North Fork Kings Groundwater Sustainability Agency State Agency: Labor and Workforce Development Agency California Department of Education TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Paid Social Media Posts — Notice File Number Z2024–0429–01 .......................................... 528 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Honorarium Ban — Notice File Number Z2024–0429–02 ................................................ 529 TITLE 2. LABOR AND WORKFORCE DEVELOPMENT AGENCY Conflict–of–Interest Code — Notice File Number Z2024–0430–02 ......................................... 530 TITLE 4. SCHOOL FINANCE AUTHORITY Charter School Facilities Credit Enhancement Grant Program — Notice File Number Z2024–0430–07 ........... 531 TITLE 4.

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL License Application Protests Procedures — Notice File Number Z2024–0430–09 ............................. 534 TITLE 5. EDUCATION AUDITS APPEALS PANEL Supplement to Audits of K–12 Local Education Agencies, Fiscal Year 2023–24 as of March 1, 2024 — Notice File Number Z2024–0430–04 ................................................................. 537 TITLE 27.

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Specific Regulatory Levels Posing NO Significant Risk: Titanium Dioxide — Notice File Number Z2024–0430–08 ................................................................................. 540 (Continued on next page)

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for French Creek 2024 RKM 3.2–3.3 Restoration Project, Tracking Number 1653–2024–136–001–R1, Siskiyou County ............................................. 544 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2024–134–001–R4, Los Banos Wildlife Area Mud Slough Unit Wetland Enhancement Project ............................................................ 545 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080–2024–004–001, Philo–Greenwood Bridge Road Over the Navarro River Bridge, Mendocino County ..................................................... 547 DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act, Fish and Game Code

Section 2080.3 Concurrence Number 2080–2024–002–04 ....................................................................... 551 PROPOSITION 65 Please see Title 27, OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT, Under PROPOSED ACTION ON REGULATIONS, Above

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 557 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 527 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 Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: North Fork Kings Groundwater Sustainability Agency STATE AGENCY: Labor and Workforce Development Agency California Department of Education A written comment period has been established commencing on May 10, 2024, and closing on June 24, 2024.

Written comments should be directed to the Fair Political Practices Commission, Attention Belen Cisneros, 1102 Q Street, Suite 3050, Sacramento, Cal- ifor nia 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 his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission.

If a public hear - ing 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 or its own motion or at the request of any interest- ed 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 Di- rector of the Commission, relative to review of the pro- posed conflict–of–interest codes.

Any written com - ments must be received no later than June 24, 2024. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code–reviewing body for the above conflict–of– interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 provide that agencies shall adopt and promulgate conflict–of–interest codes pursuant to the Political Re- form Act and amend their codes when change is ne - cessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict–of– interest codes should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, telephone (916) 322–5660.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 528 AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Belen Cisneros, Fair Po - litical Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, telephone (916) 322–5660. TITLE 2. F AIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the authority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, proposes to adopt, amend, or repeal regulations in Ti - tle 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regula - tion at a public hearing on or after June 13, 2024, at the offices of the Fair Political Practices Commis - sion, 1102 Q Street, Suite 3050, Sacramento, Califor - nia, commencing at approximately 10:00 a.m. Written comments must be received at the Commission offices no later than 5:00 p.m. on June 11, 2024. BACKGROUND/OVERVIEW Commission staff has identified a need to clarify the application of the new advertisement disclosure requirements under

Section 84513, added by SB 678, which provides that if a committee pays a person to post content on an internet website, web application, or digital application to support or oppose a candi - date for elective office or a ballot measure, the person shall include a disclaimer with that content stating that the committee paid the person in connection with the post. The primary purpose of new

Section 84513 is to require disclosures on campaign advertisements paid for by a committee to be posted by a third person, such as social media “influencers,” instead of the commit - tee posting content itself or paying a traditional vendor to do so. This was the intent conveyed in the SB 678 Senate Floor Bill Analyses. 2 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated.

The regulations of the Fair Political Practices Commission are contained in Sec - tions 18998 through 18104 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. 2 Senate Rules Committee, Office of Senate Floor Analy - ses, SB 678 Senate Floor Analyses, Jul. 05, 2023, https:// leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_ id=202320240SB678. The provisions of

Section 84513 further state that its disclosure requirements do not apply where the elec - tronic media disclosures of

Section 84504.3 apply or to content posted on the committee’s own website, profile, or landing page by a person compensated by the committee to post such content, or to ballot mea - sure advertisements falling under

Section 84511(

c) re- quiring a spokesperson disclosure. REGULATORY ACTION Adopt 2 Cal. Code Regs.

Section 18450.10 — Advertisements Paid by a Third–Party Influencer The Commission may consider adopting Regula - tion 18450.10, which states that the electronic media advertisement disclosures under

Section 84504.3 do not apply to advertisements paid for by a committee where the committee pays a third party “influencer” to post content on an “internet website, web applica - tion, digital application.” The proposed draft Regu - lation 18450.10 language provides that a third–party is considered an “influencer” for purposes of

Section 84513 if the person whom the committee paid posts content supporting or opposing a candidate for elec - tive office or a ballot measure where it appears as if they are the speaker delivering their own opinion rath- er than that of the candidate or committee, including on a social media page or account that is not the candi- date or committee’s own page or account. Further, the proposed Regulation 18450.10 lan- guage states that

Section 84513 does not apply to Sec- tion 84511 ballot measure advertisements that require a spokesperson disclosure. Lastly, the draft language includes a subdivision that states a “website, web ap - plication, or digital application” includes content post- ed on the internet platforms, such as social media ac - counts and blogs, to prevent confusion on whether these platforms are covered by

Section 84513. Amend 2 Cal. Code Regs.

Section 18450.9 — Website Advertisements and Social Media Advertisements The proposed amendments to existing Regulation 18450.9 include repealing subdivision (

b) because it is now unnecessary. With recent updates to

Section 84504.3, effective January 1, 2023, disclosures are now required direct - ly on committee–paid advertisements or the com - mittee’s page posting the advertisements. Previous - ly, the statute required disclosure only on the commit- tee’s landing page and not on any other pages where the advertisements were posted, without requiring a link back to the committee’s landing page. Regulation 18450.9(

b) was enacted to cure that discrepancy and require a link to missing disclosures. However, Regulation 18450.9(

b) is no longer neces- sary because such disclosures are now required where the advertisements appear via

Section 84504.3, and

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 529 new

Section 84513 also covers disclaimers on third– party advertisements. Keeping existing Regulation 18450.9(

b) is now only an additional/duplicative re - quirement, and the problem it solved no longer exists. SCOPE The Commission may adopt the language noticed herein or choose new language to implement its deci - sions concerning the issues identified above or any re- lated issues. FISCAL IMPACT STATEMENT: Fiscal Impact on Local Government. This regula - tion will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regula- tion will have no fiscal impact on any state entity or program. Fiscal Impact on Federal Funding of State Pro - grams. This regulation will have no fiscal impact on any federal funding or program. AUTHORITY

Section 83112 provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE The purpose of this regulation is to implement, in - terpret, and make specific Government Code Sections 84504.3 and 84513. CONTACT Any inquiries should be made to Katelyn L. Baeta– Orick, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, CA 95811; telephone (279) 237–5921. Proposed regulatory language can be accessed at http://www.fppc.ca.gov/the–law/fppc– regulations/proposed–regulations–and–notices.html . Act) 1 by

Section 83112 of the Government Code, pro- poses to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulation at a public hearing on or after June 13, 2024, at the offic- es of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California, commenc- ing at approximately 10:00 a.m. Written comments should be received at the Commission offices no later than 5:00 p.m. on June 12, 2024. BACKGROUND/OVERVIEW Under the Act’s honorarium ban, candidates and of- ficials may not accept “any payment made in consider- ation for any speech given,

article published, or atten- dance at any public or private conference, convention, meeting, social event, meal, or like gathering.” There is a limited exception to this ban for earned income in connection with a bona fide business, trade, or pro- fession; however, the exception does not apply when the “predominant activity” of an individual’s business, trade, or profession is making speeches. Current Reg - ulation 18932.3 provides the standards to determine if making speeches is the “predominant activity” of a business, trade, or profession.

It defines “predomi - nate activity” as more than 50 percent of the business’s gross income or hours and sets two time periods for making this determination: 12 months for established businesses and 30 days for new businesses.

The Com- mission recently directed staff to propose narrowly tailored changes within the limitations of the honorar- ium statutes to address situations where an individu - al’s long–standing business, trade, or profession has less traditional hours and income cycle, such as one that involves authoring and promoting books through “book talks,” in determining whether the business, trade or profession’s predominant activity is making speeches and thus subject to the honorarium ban.

Proposed Repeal and Adoption of Regulation 18932.3 Proposed amendments to Regulation 18932.3 will examine extending this period for certain long– standing businesses that have an activity cycle out - side the current periods of examination. Specifical - ly, the proposed language provides an additional ex - amination period of 36 months to determine whether the “predominant activity” (more than 50 percent of the gross income or hours) of an individual’s business, trade, or profession is making speeches. It is anticipat- 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014.

All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sec - tions 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. TITLE 2. F AIR POLITICAL PRACTICES COMMISSION HONORARIUM BAN NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the au- thority vested in it under the Political Reform Act (the

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 530 ed that the Commission will examine both the appro - priateness of extending the examination period as well as the appropriate length of the examination period.

It is also currently proposed that the extended ex - amination period would apply only when the business, trade, or profession involves a work product or pro - prietary work created by the individual, for which in - come is typically received over a longer period than 12 months, with a large portion received when the work is initially created and with continuing promo - tional activities that may involve public speaking en - gagements.

Moreover, it is currently proposed that the extended examination period would only apply when a business, trade, or profession has been in existence for at least 12 months before the individual became subject to the honorarium ban.

It is anticipated that the Commission may examine more specifically the types of work product, or proprietary work created by an in- dividual, to which the extended examination period should apply and whether the extended examination period should only apply to a business, trade, or pro - fession that had been in existence prior to the individ- ual becoming subject to the honorarium ban. Additionally, proposed Regulation 18932.3 reorga - nizes the current language for clarity, requiring the regulation to be repealed and the proposed regulation to be adopted. REGULATORY ACTION Repeal 2 Cal. Code Regs.

Section 18932.3 and Adopt Proposed Regulation 18932.3 Commission staff proposes to repeal current Regu - lation 18932.3 to consolidate the current requirements and add an additional period for determining the pre - dominant activity for a long–standing business, trade, or profession that involves a nontraditional activity cycle. SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issue identified above or any related issue. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. None. Fiscal Impact on State Government. None. Fiscal Impact on Federal Funding of State Pro - grams. None. AUTHORITY

Section 83112, Government Code, provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE Sections 89501 through 89506, Government Code. CONTACT Any inquiries should be made to L. Karen Harrison, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, CA 95811; email: KHarrison@FPPC.CA.Gov; telephone (279) 237–5919. The proposed regulatory language can be accessed at http://www.fppc.ca.gov/the–law/fppc–regulations/ proposed–regulations–and–notices.html . TITLE 2.

LABOR AND WORKFORCE DEVELOPMENT AGENCY AMEND CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Labor and Workforce Development Agency, pursuant to the authority vested in it by

section 87306 of the Gov- ernment Code, proposes amendment to its conflict– of–interest code. A comment period has been estab - lished commencing on May 10, 2024 and closing on June 24, 2024. All inquiries should be directed to the contact listed below. The California Labor and Workforce Development Agency proposes to amend its conflict–of–interest code to include employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any fi - nancial interest, as set forth in subdivision (

a) of sec - tion 87302 of the Government Code. The amendment carries out the purposes of the law and no other alter - native would do so and be less burdensome to affect - ed persons. Changes to the conflict–of–interest code include deletion of positions, addition of positions with dis - closure categories, and other technical changes to re - flect the current organizational structure of the Agen - cy. Copies of the amended code are available and may be requested from the Contact Person set forth below. Information on the code amendment is available on the agency’s internet site and/or attached to this email.

The proposed amendment and explanation of the reasons can be obtained from the agency’s contact. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than June 24, 2024 or at the con - clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 531 uled. A person may request a hearing no later than June 10, 2024. The California Labor and Workforce Develop - ment Agency 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 un - der

Part 7 (commencing with

Section 17500) of Division 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: Hina Shah, Assistant General Counsel, 916–980– 6532, hina.shah@labor.ca.gov. TITLE 4.

SCHOOL FINANCE AUTHORITY CHARTER SCHOOL FACILITIES CREDIT ENHANCEMENT GRANT PROGRAM NOTICE IS HEREBY GIVEN that the California School Finance Authority (CSFA or Authority), orga- nized pursuant to Sections 17170 through 17199.6 of the Education Code, proposes to amend the regula - tions described below after considering all comments, objections, and recommendations regarding the pro - posed action. Any person interested may present writ- ten statements or arguments relevant to the proposed action to the attention of the Contact Person as listed in this Notice no later than Friday, June 24, 2024.

The Authority Board, upon its own motion or at the request of any interested party, may thereafter adopt the pro - posal substantially as described below or may modi - fy such proposals if such modifications are sufficient- ly related to the original text. With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person(

s) designated in this No - tice as the Contact Person and will be mailed to those persons who submit statements related to this propos - al or who have requested notification of any changes to the proposal. PROPOSED REGULATORY ACTION The Authority proposes to amendments to Sections 10193, 10194, 10195, 10196, and 10198 of Title 4 of the California Code of Regulations (Regulations) as permanent regulations. The Regulations implement the Authority’s responsibilities related to the Charter School Facilities Credit Enhancement Grant Program (Program). AUTHORITY AND REFERENCE Authority:

Section 17179 and 17180 of the Education Code.

Section 17180(

o) allows the Authority to adopt regulations in order to administer the Program. Reference: Sections 17173, 17180, 47604, 47604.1, 47604.2, 47605 and 47612.5(e) (1) of Education Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Authority was created in 1985 to assist school districts and community college districts in financing school construction projects (Education Code

section 17170, et seq.). The Authority is authorized to adopt bylaws for the regulation and conduct of its business, and the Authority is vested with all powers reasonably necessary to carry out its powers and responsibilities (Education Code sections 17179 and 17180). In 2009, the U.S. Department of Education awarded a grant of $8,300,000 to CSFA, pursuant to the Cred - it Enhancement for Charter School Facilities Program (CFDA # 84.354A), authorized under Title V, Part B, Subpart 2 of the Elementary and Secondary Education Act, as amended by the No Child Left Behind Act of 2001 (Grant).

Program funds may be used to credit en- hance the financing of acquisition, renovation, or con- struction of charter school facilities, or the refinancing of existing charter school facility debt. In June 2023, the Authority applied for an addition- al grant award and was awarded a $20 million grant award in Fall 2023. Per the Authority’s application to the Department of Education, the Authority is propos- ing that $15 million of the grant award be allocated to the Program to fund debt service reserve accounts as - sociated with debt issued through the Authority.

The Program regulation became effective May 19, 2012 and were established in the California Code of Regulations in Title 4, Division 15,

Article 3. (OAL Matter Number 2012–0308–04S). Changes proposed for Sections 10193 and 10195 were submitted and approved through emergency rulemaking process in 2022 but reverted. The Author- ity let the regulations revert as the Authority did not plan to apply for the additional funding for the Pro - gram. Those emergency regulations were adopted

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 532 on December 13, 2022 (OAL Matter Number 2022– 1206–07EE) and reverted on March 15, 2023. The anticipated benefits of the proposed regulations are the increased general welfare of students and their related communities, as these awards allow schools to free up assets through the enhance financings related to charter school facilities. These proposed regulations set the Authority’s pol- icies and procedures for administering the Program, including but not limited to

definitions; minimum eli - gibility requirements; application submission and con- tent requirements; procedures for apportionment of grant funds and appeals; and policies governing grant- ee obligations, responsibilities, and approval of grant use change.

SUMMARY OF PROPOSED REGULATIONS

Section 10193.

Definitions. Add “Financing” and the associated definition as new subsection (g). Label former subsection (

g) to (

h) due to the added definition above. Remove “and 47600 et seq.” and add “47604, 47604.1, and 47604.2,” per OAL on References updated in similar regulatory sections.

Section 10194. Applicant Eligibility Criteria. Remove “and throughout the term of an award” from the subsection (a). Remove “and 47600 et seq.,” and add “47604, 47604.1, and 47604.2,” per OAL on References updated in similar regulatory sections.

Section 10195. Award Allocation and Eligible Use of Program Funds. Remove “$1,500,000 per Application” and add “up to maximum an - nual debt service per Financing, with a maximum award limit of $2,000,000” in subsection (b).

Section 10196. Application Review and Evaluation Criteria. Add subsection (

e) to es - tablish an application filing fee.

Section 10198. Audits and Conflicts of Interest. Remove “relying on federal funds to enter into a contract” and “34 CFR 80.36” and add “the acqui- sition of property or services are funded through a federal grant” and “2 CFR 200.317 through 2 CFR 200.327.” in subsection (c). CITATIONS FOR PROPOSED REGULATIONS MANDATED BY FEDERAL LAWS OR REGULATIONS Proposed regulation

Section 10198 references sec - tions of the Code of Federal Regulations related to re- quirements prescribed through the United States’ De- partment of Education as well as general conflict– of–interest compliance for federal grants. Those sec - tions are listed in proposed

Section 10198 and are cit- ed below. – Code of Federal Regulations — Title 34, Subtitle A,

Part 75, Subpart E — §75.525(a) – Code of Federal Regulations — Title 34, Subtitle A,

Part 75, Subpart E — §75.525(b) – Code of Federal Regulations — Title 2, Subtitle A,

Chapter II,

Part 20, Subpart D (§ 200.318 — §200.327) The full text of the federal regulations referenced above are found in the Code of Federal Regulations, which is available online at https://www.ecfr.gov/. OTHER MATTERS PRESCRIBED BY STATUTES APPLICABLE TO THE SPECIFIC STATE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS No other matters prescribed by statute are applica - ble to the Authority or to any specific regulation or class of regulations pursuant to

Section 11346.5(a) (4) of the California Government Code pertaining to the proposed regulations or the Authority. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Authority has determined the proposed regu - lations do not impose a mandate on local agencies or school districts. EVALUATION OF INCONSISTENCY AND INCOMPATIBILITY The Authority performed a search in the Califor - nia Code of Regulations and the proposed regulations are neither inconsistent nor incompatible with existing regulation. FISCAL IMPACT As related to Fiscal Impact, the Authority is not aware of any cost to local agency or school districts requiring reimbursement pursuant to Gov. Code

sec. 17500 et seq.; nor any cost or savings to any state agen- cy beyond the Authority; nor other Non–discretionary costs or savings imposed on local agencies; nor any costs or savings in federal funding to the state; and nor any cost impacts that a representative private per - son or business would necessarily incur in reasonable compliance with the proposed action. There is an administrative cost taken on by the Au - thority. The Authority has instituted an application fil- ing fee to offset costs associated with Authority staff reviewing applications and various federal and state

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 533 reporting requirements for the grant program. Appli - cation review includes, but is not limited to, reviewing and verifying application content, ensuring program eligibility, preparing grant agreements, staff reports and resolutions, liaising with program attorneys and financing team members, ensuring grant funds are disbursed to the trustee, and closing document review associated with the financing.

Reporting requirements include, but are not limited to, staff reports, multiple meetings with federal program officials, liaising with program attorneys and borrow trustees, balance con - firmations, and account reconciliation. The $1,000 fee was determined to be adequate enough to cover costs related to staff time, while not being cost prohibitive for applicants.

INITIAL DETERMINATION REGARDING ANY SIGNIFICANT, STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS The Authority has made an initial determination that the proposed regulations will not have any signif- icant, statewide adverse economic impact directly af - fecting businesses, including the ability of California businesses to compete with businesses in other states. EFFECT ON SMALL BUSINESSES The Authority has determined that the adoption of the proposed regulations will not affect small busi - ness.

The Program is a voluntary grant program avail- able to charter schools to assist in the costs of charter school facilities. RESULTS OF ECONOMIC I M PACT A NA LYSIS Assessment of Effect on Jobs and Business Expansion, Elimination or Creation Adoption of these regulations will not create or eliminate jobs within California, nor create new busi - nesses or eliminate existing businesses within Cali - fornia. The proposed regulations could likely impact the expansion of businesses currently doing business within the State of California. This program will en - hance conduit financings for charter school facilities.

These facilities are often an expansion of the associ - ated charter school organizations to serve more stu - dents. It should be noted that not all charter school facility–related financings are expansions. Some fi - nancings are replacement facilities, renovations, or site improvements. Assessment of Effect to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment The purpose of the program and proposed regula - tions is to set forth administrative criteria and require- ments for administering this grant program.

The Au - thority do not expect any anticipated benefits to work- er safety or the State’s environment. However, while each funding is different, funding for facilities may allow schools to free up assets potentially allowing ac- tions resulting in improved worker safety. Additional- ly, there may be a positive effect on the welfare of some California residents. As the intent of the program is to enhance financings related to charter school facilities, the Program and its proposed regulations have the po- tential to directly benefit the welfare of students and their related communities.

COST IMPACT ON HOUSING The proposed regulations will not have any effect on housing costs. REASONABLE ALTERNATIVES In accordance with Government Code

section 11346.5(a) (13), the Authority must determine that no reasonable alternative to the regulations considered by the Authority or that has otherwise been identified and brought to the attention of the Authority, would be more effective in carrying out the purpose for which the regulations are proposed or would be as effective and less burdensome to affected private persons than the regulations, 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.

The Authority invites interested persons to present statements with respect to alternatives to the proposed regulations during the written comment period. AGENCY CONTACT PERSONS Written comments, inquiries, and any questions regarding the substance of the proposed regulations shall be submitted or directed to: Katrina Johantgen, Executive Director, California School Finance Authority at: 300 S. Spring Street, Suite 8500 Los Angeles, CA 90013 (213) 620–4608 or 901 P Street, Third Floor, Suite B Sacramento, CA 95814 (916) 651–7710

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 534 or kjohantgen@treasurer.ca.gov or csfa@treasurer.ca.gov The following person is designated as a backup Contact Person for inquiries only regarding the pro - posed regulations: Ryan Storey 300 S. Spring Street, Suite 8500 Los Angeles, CA 90013 (916) 767–3256 or rstorey@treasurer.ca.gov WRITTEN COMMENT PERIOD Any interested person, or their authorized repre - sentative, may submit written comments relevant to the proposed regulations to the Authority. The written comment period on the regulations will end on Friday, June 24, 2024.

All comments to be considered by the Authority must be submitted in writing to the Agency Contact Person identified in this Notice by that time. In the event that changes are made to the proposed regulations during the written comment period, the Authority will also accept additional written com - ments limited to any changed or modified regulations for 15 calendar days after the date on which such reg - ulations, as changed or modified, are made available to the public pursuant to Title 1,

Chapter 1,

Section 44 of the California Code of Regulations. Such additional written comments should be addressed to the Agency Contact Person identified in this Notice. AVAILABILITY OF INITIAL STATEMENT OF REASONS, RULEMAKING FILE AND EXPRESS TERMS OF PROPOSED REGULATIONS The Authority has established a rulemaking file for this regulatory action, which contains those items re - quired by law. The file is available for inspection at the Authority’s office at 901 P Street, Third Floor, Suite B, Sacramento, California, during normal business hours.

As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the Initial Statement of Reasons, and the pro - posed text of the Regulations. Copies of these items are available upon request, from the Agency Con - tact Person designated in this Notice. The Sacramen - to address will also be the location for inspection of the rulemaking file and any other public records, in - cluding reports, documentation and other materials re- lated to this proposed regulatory action.

In addition, the rulemaking file, including the Initial Statement of Reasons and the proposed text, may be viewed on the Authority’s Web site at www.treasurer.ca.gov/csfa. PUBLIC HEARING No public hearing regarding the proposed regula - tions has been scheduled. Anyone wishing a public hearing must submit a request in writing, pursuant to

Section 11346.8 of the Government Code, to the Au - thority at least 15 days before the end of the written comment period. Such request should be addressed to the Agency Contact Person identified in this Notice and should specify the regulations for which the hear- ing is being requested. 15–DAY AVAILABILITY OF CHANGED OR MODIFIED TEXT After the written comment period ends and follow - ing a public hearing, if any is requested, the Author - ity may adopt the proposed regulations substantially as described in this Notice, without further notice.

If the Authority makes modifications that are sufficient - ly related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public (including through the Author - ity’s website described above) for at least fifteen (15) calendar days before the Authority adopts the pro - posed regulations, as modified. Inquiries about and requests for written copies of any changed or modified regulations should be addressed to the Agency Con - tact Person identified in this Notice.

AVAILABILITY OF FINAL STATEMENT OF REASONS The Authority is required to prepare a Final State - ment of Reasons pursuant to Government Code sec - tion 11346.9. Once the Authority has prepared a Final Statement of Reasons, a copy will be made available to anyone who requests a copy and will be available on the Authority’s website described above. Written requests for copies should be addressed to the Agency Contact Person identified in this Notice. TITLE 4.

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL The Department of Alcoholic Beverage Control (ABC) proposes to adopt the proposed regulations de- scribed below after considering all comments, objec - tions, and recommendations regarding the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 535 PUBLIC HEARING ABC has not scheduled a public hearing on this proposed action. However, the department will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to ABC.

The written comment period begins on May 10, 2024, and clos - es at 12:00 p.m. on June 25, 2024. ABC will consider only comments received at ABC Headquarters by that time. Submit comments to: Law and Policy Unit Department of Alcoholic Beverage Control 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 Comments may also be submitted by email to rpu@ abc.ca.gov, please include “Protests” in the subject line of your email. AUTHORITY AND REFERENCE Authority: Sections 25750 and 24013 of the Busi - ness and Professions Code; and

Section 22,

Article XX, California Constitution. Reference: Sections 23001, 23958, 23958.1, 23958.2, 23985.5, 23987, 24013, 24013.1, 24013.2, 24014, and 24015 of the Business and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking seeks to streamline the protest policy and procedure for both individuals and public agencies or governmental bodies that seek to protest an application for an alcoholic beverage license in the state.

During the application process for an alcohol li- cense, prospective licensees are required to post a no - tice of the intention to engage in the sale of alcoholic beverages at the intended premises. Within 30 days of the posting of this notice, an individual or public agen- cy may submit a protest to ABC regarding the issu - ance of the alcohol license. There is confusion for ABC staff, the public, appli - cants, and protestants about how a protest must be ver- ified as required by law to be accepted by ABC. In addition, the parameters that ABC may use to reject a protest are unclear.

Promulgating regulations to cre- ate factors clarifying the statutory parameters for the rejection of protests will establish a uniformed system and create a fair process for all who seek to protest the issuance of an alcohol license. This proposed regula - tion will establish a uniform system of verification and give ABC specific factors and elements of a protest to analyze to determine if protests submitted are “false, vexatious, frivolous, invalid or unreasonable, or with- out reasonable or probable cause.”

Summary of Existing Laws and Regulations Current law requires ABC to accept verified pro - tests but has no clarity as to how a protestant must verify their protest. In addition, current law allows ABC to reject protests that are “false, vexatious, friv - olous, invalid or unreasonable, or without reasonable or probable cause.” These terms are broad and lack the specificity necessary for ABC to ever take this action under the statute. There is also some confusion over repeated applications at the same location, withdraw - als of both protests or applications during the protest process and how they will affect a scheduled hearing on an accepted protest that has been set.

Summary of Effect The proposed regulations seek to clarify and estab - lish a uniform protest procedure to be used throughout the state by ABC staff. This is to alleviate confusion by applicants, protestants, ABC staff, and the public due to the broad language used in statute regarding the protests of applications for ABC licenses. COMPARABLE FEDERAL STATUTE OR REGULATIONS ABC has determined that this proposed regula - tion does not have a comparable federal statute or regulation.

POLICY STATEMENT OVERVIEW The mission of ABC is to provide the highest level of service and public safety to the people of the State through licensing, education, and enforcement. This proposed regulation supports the commitment that ABC has to its licensees by working to streamline the protest process to help applicants open their business- es in a timely manner.

While still preserving the rights of individuals, public agencies, and governing bod - ies to protest the issuance of licenses due to harm to the public health, welfare, and morals a new alcohol - ic beverage license could create for their homes and jurisdictions. BENEFITS ANTICIPATED The proposed regulation should benefit both appli - cants and protestants by providing clear expectations for all sides of the process and ensure ABC only issues licenses that comply with the law, including preserv -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 536 ing the quiet enjoyment of nearby residences, compli- ance with applicable laws by licensees, and reviewing all issues raised during a thorough investigation into each application as required by law. This should both allow protestants better under - standing and access to the protest process, while speeding up the processing time for applicants to ob - taining issued licenses at the end of the process if found to have met their burden and not be a danger to public health, safety, or welfare.

DETERMINATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS ABC reviewed the existing state regulations and statues currently enforced and has determined that this proposed regulatory action is not inconsistent or incompatible with existing state regulations. EFFECT UPON SMALL BUSINESSES IN CALIFORNIA Although licensees are often small business owners, this proposed regulation will have negligible regula - tory effect on them.

It is anticipated that this may be a benefit to small businesses that have applied for an alcohol license and been protested due to the stream - lining and speeding up of the protest process, but this will be small and limited to a very small group every year. DISCLOSURES REGARDING THE PROPOSED ACTION The ABC has made the following initial determinations: 1. Mandate on local agencies or school districts: None. 2. Costs or Savings to any state agency: None. 3. Cost to any local agency or school district that is required to be reimbursed by the state: None. 4.

Other nondiscretionary cost or savings imposed on local agencies: None. 5. Cost or savings in federal funding to the state: None. 6. Cost impacts on housing costs: None. DETERMINATION OF STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The ABC has made an initial determination that the proposed regulations will not have a significant, state- wide adverse economic impact directly affecting busi- ness, including the ability of California businesses to compete with businesses in other states.

The adop - tion of the regulation will have a negligible impact on businesses, nor will there be a foreseeable impact on businesses.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT ABC concludes that it is (1) unlikely that the propos- al will eliminate any jobs, (2) that the proposal will not likely create additional jobs, (3) that the proposal will not likely create additional new businesses, (4) unlike- ly that the proposal will eliminate any existing busi - nesses, and (5) unlikely that the proposed regulations will result in the expansion of businesses currently do- ing business within the state, (6) unlikely that the pro- posal will impact worker safety.

As stated above under ‘Benefits Anticipated,’ the proposed regulations will benefit the health and wel - fare of California residents by providing clear guid - ance for prospective licensees, individuals, and com - munities during the protest process of issuing an al - cohol license. These processes will help ensure ABC only issues licenses that comply with the law and do not disturb the nearby residences all while complying with applicable laws by licensees. ABC has determined this proposed regulation will have no effect upon the environment.

DESCRIPTION OF ALL ECONOMIC IMPACTS THAT A REPRESENTATIVE PRIVATE PERSON OR BUSINESS WOULD NECESSARILY INCUR IN REASONABLE COMPLIANCE WITH THE PROPOSED ACTION The ABC has made an initial determination that the adoption of this regulation will have negligible eco - nomic impact on private persons or businesses. There is no foreseeable impact on private persons or busi - nesses based on the process laid out in the proposed regulation. If there is an economic benefit it is negli - gible and limited to a small segment of ABC license applicants.

These economic benefits would not be derived from any costs imposed by the proposed regulation. Thus, ABC 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 2024, VOLUME NUMBER 19–Z 537 THE NEED TO REQUIRE REPORT FROM BUSINESSES The proposed regulation does not require any re - ports from ABC licensees or any other business. It does require the keeping of records in compliance with the ABC Act to ensure the extended hours are not being abused and can be enforced and restricted by actual scheduled voyages.

CONSIDERATION OF ALTERNATIVES The ABC must determine that no reasonable alter - native it considered or that has otherwise been identi - fied and brought to its attention 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 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.

ABC invites interested persons to submit alterna - tives with respect to the proposed regulation during the comment period from May 10, 2024, through 12 p.m. on June 25, 2024. AGENCY CONTACT PERSON Inquiries concerning the proposed regulatory action may be directed to the agency representative Robert de Ruyter, Assistant General Counsel, (916) 419–8958 (designated backup contact), Sarah Easter, Associate Governmental Program Analyst, Law and Policy Unit, (916) 823–1310 or via email at rpu@abc.ca.gov. AVAILABILITY OF DOCUMENTS The ABC prepared an Initial Statement of Reasons for the proposed action.

Copies of the Initial Statement of Reasons, and the full text of the proposed regula - tions may be accessed on ABC’s website listed below or may be obtained from the Law and Policy Unit, De- partment of Alcoholic Beverage Control, 3927 Len - nane Drive, Suite 100, Sacramento, CA 95834, on or after May 10, 2024. ABC staff has compiled a record for this rulemak - ing action, which includes all the information upon which the proposal is based. This material is available for inspection upon request to the contact persons.

CHANGE TO THE PROPOSED FULL TEXT OF THE REGULATION ACTION If there is any change to the proposed full text of the regulation action in a substantial, or sufficiently relat - ed way, it will be made available for comment for at least 15 days prior to the date on which the department adopts the resulting regulation. FINAL STATEMENT OF REASONS A VAILABILITY Upon its completion, the Final Statement of Reasons will be available, and copies may be requested, from the department contact persons in this notice or may be accessed on ABC’s website listed below.

INTERNET ACCESS This notice, the Initial Statement of Reasons, and all subsequent regulatory documents, includ - ing the Final Statement of Reasons, when complet - ed, are available on ABC’s website for this rulemak - ing at https://www.abc.ca.gov/law–and–policy/ regulations–rulemaking/. TITLE 5.

EDUCATION AUDIT APPEALS PANEL SUPPLEMENT TO AUDITS OF K–12 LOCAL EDUCATION AGENCIES FISCAL YEAR 2023–24 AS OF MARCH 1, 2024 The Education Audit Appeals Panel (EAAP) pro - poses to adopt an Audit Guide for Fiscal Year 2023– 24, Supplemented as of March 1, 2024, as well as the Guide’s incorporating regulation, as described below, after considering all comments, objections, and rec - ommendations regarding the proposed action. The Supplemented Audit Guide will be derived from and incorporated in

Section 19810. PUBLIC HEARING A public hearing regarding this proposal is not cur - rently scheduled. Not later than 15 days prior to the close of the written comment period, any interested person, or his or her authorized representative, may make a written request for a public hearing pursuant to Government Code

section 11346.8, and a public hear- ing will be held. Requests for a public hearing should be addressed to Mary Kelly. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action. The written comment period closes on Monday, June 24, 2024. EAAP will consider only written comments received by that time.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 538 Written comments for EAAP’s consideration should be directed to: Mary Kelly, Executive Officer Education Audit Appeals Panel 770 L Street, Suite 1100 Sacramento, CA 95814 Fax: (916) 445–7626 Email: mkelly@eaap.ca.gov AUTHORITY AND REFERENCE Authority cited:

Section 14502.1, Education Code. Reference: Sections 14502.1, 14503, 42010, and 41024 of the Education Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking amends title 5, California Code of Regulations,

section 19810 to clarify the incorporation by reference language and make reference to the audit guide. It also adopts the Audit Guide for 2023–24, sup- plemented as of March 1, 2024, with any technical and clarifying revisions and legislative changes that will affect audits and possibly the conditions for apportion- ment of school funding. This supplemental filing en - sures that audits include subjects pertinent to and/or required by legislation through January 1, 2024. This rulemaking meets the requirements of Educa - tion Code

section 14502.1, which mandates that an an- nual audit guide be adopted by EAAP, and the addi - tional laws and Constitutional provisions listed under “Authority cited” below the proposed amended text of

Section 19810, as shown below. The purpose of the audit guide is to define terms and specify procedures to guide accountants in the conduct of statutorily re - quired financial and compliance audits of K–12 local education agencies. The Controller, in letters dated February 7 and 14, 2024, pursuant to Education Code

section 14502.1, proposed supplemental changes to be reflected in the 2023–24 audit guide. The proposed changes derive from the Controller’s proposals and also contain changes designed to clarify audit steps. EAAP does not anticipate that these proposed amendments would create specific benefits for the pro- tection of public health and safety, worker safety, or the environment, the prevention of discrimination, the promotion of fairness or social equity, nor the increase in openness and transparency in business and govern - ment. The regulations direct accountants to perform the steps necessary for the annual audits required by Education Code

Section 41020. EAAP has determined that the proposed amendments will ultimately benefit the welfare of California residents by ensuring that lo- cal education agencies are complying with regulato - ry requirements, and that educational funds are being properly utilized, which would ultimately affect the quality of students’ educational experiences. In devel- oping the rulemaking, EAAP evaluated the proposed changes to regulations and determined that they are not inconsistent or incompatible with existing regula - tions, state or federal. A description of proposed changes to

section 19810, and a discussion of revisions to the audit guide, follow. Title 5, Division 1.5

Chapter 3. Audits of California K–12 Local Education Agencies

Article 1 General Provisions § 19810. Annual Audit Guides. The “2023–24 Supplemental Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting,” (MarchJuly 1, 20234), adopt- ed by the Education Audit Appeals Panel, is incorpo - rated by reference. The guide provides the audit steps, reporting requirements, and other guidance for the re - quired annual financial and compliance audits, subject to auditor judgment where alternative or additional au- dit steps may be appropriate.

The annual guide is su - perseded by a supplemental audit guide, if needed, ad- opted before March 1 of each fiscal year. Each annual guide, including Appendices A, B and C and any ap - plicable supplement, is available on www.eaap.ca.gov/ audit–guide, with paper or electronic copies available on request. Note: Authority cited:

Article XIII,

Section 36 and

Article XIIIA,

Section 1, California Constitution; and Sections 14502.1 and 47612, Education Code. Refer - ence:

Article XIIIB,

Section 1.5, California Constitu - tion; and Sections 2574, 14501, 14502.1, 14503, 37700, 41020, 41024, 41480, 42238.02, 43500, 43501, 43502, 43504, 43505, 43509, 43520, 43521, 43522, 44258.9, 45037, 46146, 46300, 47605, 47612, 47614, 47634, 48000, 48206, 48306, 48313, 51747, 51749, 52060, 53071, 56026, 56340 and 76004, Education Code. Audit Guide Amendments The proposed annual 2023–24 Supplemental Audit Guide includes the following amendments: Report Components

Section 4.a, LEA Organi - zation Structure is deleted and moved to new Sec - tion 5, Other Information. Also, a technical change is made to

section 5.a.2 requiring a statement in instanc- es where there was no change in the school district’s boundaries. Report Components

Section 5.b, State Com - pliance Report is amended to ensure that the audit guide is in compliance with the most recent require - ments of the American Institute of Certified Public Accountants.

Section G. Instructional Materials is amended to add a penalty to any finding that the school district

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 539 or county office of education did not follow required steps to ensure that each pupil would have sufficient textbooks and instructional materials, in accordance with

Section 60150(b).

Section P. Transportation Maintenance of Ef- fort is deleted because there are no audit requirements in statute and no fiscal penalty for failing the require - ment. Declining enrollment in some LEAs have re - duced transportation expenses, and the Home–to– School Transportation Reimbursement program pro - vides new funding for Home to School transportation.

Section TT. Home–to–School Transportation Reimbursement includes a technical change to reflect the fact that plans may have been updated subsequent to the original adoption on April 1, 2023.

Section T. Clean Energy Jobs Act is deleted due to completion of projects and submission of final expenditure reports.

Section T. Art and Music in Schools imple - ments SB 115 (Stats. 2023,

Chapter 49), amending sections 8820–8822, which in turn carry out the man - date of Proposition 28, enacted November 8, 2022, by funding a new, ongoing program supporting arts in - struction in schools beginning in 2023–24.

Section 8830 subdivision (

i) requires the program to be includ- ed in the annual audit. Audit steps will review expen - ditures to ensure they were used to supplement rather than supplant existing services, that after an audit year in which the allocated funds are fully expended or the third year of the program, no more than 20 percent of the expenditures were used for allowable purposes other than certificated or classified salaries and bene - fits; and that no more than 1 percent of the total fund - ing received in the allocation year was used for admin- istrative expenses, including indirect costs. Other au - dit steps verify that the LEA certified compliance with

Section 8820(g) (1) (or a waiver by California Depart- ment of Education), and that the LEA certified com - pliance with

Section 8820(g) (2), concerning the use of art and music funds.

Section Z. Immunizations

section is revised to delete review of students in the 1 st or 8th grade in the audit year. Review of those grades was necessary be - cause of the disruption caused by the Covid–19 Pan - demic. Current immunization rates are approaching rates near pre–pandemic levels and the Department of Public Health is no longer requiring reporting from grades 1 and 8.

Section DZ. Expanded Learning Opportunities Program includes technical amendments to steps 3 and 5 to ensure reference to the correct code section. It is also adding audit procedures that would exempt an LEA from fiscal penalty when it is temporarily pre- vented from operating the Expanded Learning Oppor- tunities Program because of a school site closure due to emergency conditions, in compliance with

Section 46120(b).

Section EZ. Transitional Kindergarten is amended to delay steps 5 and 6 to 2025–26 as a re - sult of deadlines changed by SB114. It would also add a new procedure to audit transitional kindergarten classroom with early enrollment pupils, also resulting from changes made by SB114 to

Section 48000.15. NOTE: The changes described above are already in effect on an emergency basis. DISCLOSURES REGARDING THE PROPOSED ACTION 1. Mandate on local agencies and school districts: None. 2. Cost to any local agency or school district which must be reimbursed: None. 3. Cost or savings to any state agency: None. 4. Other non–discretionary cost or savings imposed upon local agencies: None. 5. Cost or savings in federal funding to the state: None. 6. Significant effect on housing costs: None. 7.

Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None. 8. The Economic Impact Assessment found that adoption of these regulations will not: ● create or eliminate jobs within California; ● create new businesses or eliminate existing businesses within California; or, ● affect the expansion of businesses currently doing business within California. ● benefit or harm worker safety or the state’s environment.

As stated in the Informative Digest/Policy Statement Overview above, EAAP has de - termined that the proposed amendments will ultimately benefit the welfare of Cali - fornia residents by ensuring that local edu - cation agencies follow regulatory require - ments, and that education funds are being properly utilized, which would ultimately affect the quality of pupils and students’ ed- ucational experiences. 9.

Cost impact on a representative private person or business: EAAP is not aware of any cost im - pacts that a representative private person or busi- ness would necessarily incur in reasonable com - pliance with the proposed action. 10. Business report requirements: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 540 11. E ffect on small businesses: The proposed regu - lations will have no effect on small businesses because they do not materially alter the require - ments for LEA audits. TECHNICAL, THEORETICAL, OR EMPIRICAL STUDIES, REPORTS, OR DOCUMENTS EAAP relied upon the Controller’s Office letters dat- ed February 7 and 14, 2024, which proposed changes to the 2023–24 Audit Guide. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a) (13), EAAP must determine that no reason- able alternative it has considered or that has otherwise been identified and brought to the EAAP’s 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 proposed action, or would be more cost–effective to affected private persons and equally effective in im- plementing the statutory policy or other provision of law.

AVAILABILITY OF RULEMAKING FILE The entire rulemaking file will be available for in - spection and copying throughout the rulemaking pro - cess at EAAP’s office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the pro - posed text of the regulations, the initial statement of reasons, and the Economic Impact Assessment. A copy may be obtained by contacting Mary Kelly at the above address. The bill analyses are also avail - able online at http://leginfo.legislature.ca.gov/faces/ billSearchClient.xhtml.

AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the comment period, a hearing, if re - quested, and consideration of all timely and relevant comments received, EAAP may adopt the proposed regulations substantially as described in this notice. If EAAP makes modifications that are sufficiently re - lated to the originally proposed text, the modified text (with changes clearly indicated) will be available to the public for at least 15 days before EAAP adopts the regulations as revised. Requests for copies of any modified regulations should be sent to the attention of Timothy Morgan at the address stated above.

EAAP will accept written comments on the modified regula - tions for 15 days after the date on which they are made available. AVAILABILITY OF DOCUMENTS ON T HE INTERNET Copies of the Notice of Proposed Rulemaking, Ini - tial Statement of Reasons, text of the regulations in underline and strikeout, any changed or modified text, and the Final Statement of Reasons will be accessible through the EAAP website: www.eaap.ca.gov.

CONTACT PERSONS Direct inquiries concerning the proposed adminis - trative action, or requests for the proposed text, the Initial Statement of Reasons, any modified text of the regulations, or technical information support - ing the rulemaking to Timothy Morgan, Staff Attor - ney, (916)445–7745, tmorgan@eaap.ca.gov, or Mary C. Kelly, Executive Officer, (916)445–7745, mkelly@ eaap.ca.gov. TITLE 27. OF FICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 PROPOSITION 65 AMENDMENT TO

SECTION 25705 (c)

(2) SPECIFIC REGULATORY LEVELS POSING NO SIGNIFICANT RISK: TITANIUM DIOXIDE (AIRBORNE, UNBOUND PARTICLES OF RESPIRABLE SIZE) Public Availability Date: May 10, 2024 Deadline for Public Comment: June 24, 2024 NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard Assessment (OEHHA) proposes to adopt a Proposition 65 No Significant Risk Level (NSRL) for titanium dioxide (airborne, unbound particles of respirable size) by amending Title 27, Cal- ifornia Code of Regulations,

section 25705(c) (2). 1 OEHHA is proposing an NSRL of 440 micrograms per day for airborne, unbound titanium dioxide par - 1 The Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health and Safety Code

section 25249.5 et seq., is referred to herein as “Proposition 65” or “The Act.” All further regulatory references are to sections of Title 27 of the California Code of Regulations unless otherwise indicated.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 541 ticles with diameters of 10 micrometers or less, and an NSRL of 44 micrograms per day for airborne, un - bound titanium dioxide particles with diameters of 0.8 micrometers or less. Both parts of the NSRL must be met before it applies. SUBMISSION OF PUBLIC COMMENTS All written comments must be submitted to OEHHA by electronic submission, mail, or hand– delivery, by June 24, 2024, as indicated below. OEHHA strongly recommends that comments be submitted elec- tronically through our website at https://oehha.ca.gov/ comments rather than in paper form.

Alternatively, comments can be submitted in paper form, by either mail or delivered in person. Electronic Submission (preferred): Through OEHHA website at: https://oehha.ca.gov/ comments Mailed Submission: Esther Barajas–Ochoa Office of Environmental Health Hazard Assessment P.O. Box 4010 Sacramento, California 95812–4010 In–person delivery submission: Attention: Esther Barajas–Ochoa Office of Environmental Health Hazard Assessment 1001 I Street, 23rd Floor Sacramento, California 95814 OEHHA encourages all commenters to submit their comments in a format compliant with

Section 508 of the federal Rehabilitation Act, Web Content Accessi - bility Guidelines 2.0 and California Government Code sections 7405 and 11135, so that they can be read using screen reader technology and those with visual im - pairments are able to listen to them. 2 OEHHA is subject to the California Public Records Act and other laws that require the release of certain information upon request. If you provide comments, please be aware that your name, address, and email may be available to third parties.

Inquiries concerning the action described in this notice may be directed to Esther Barajas–Ochoa, in writing at the address given above, by email at esther.barajas–ochoa@oehha.ca.gov, or by telephone at: 916–445–6900. 2 https://www.w3.org/W AI/standards–guidelines/wcag/. PUBLIC HEARING A public hearing on these proposed regulatory amendments will only be scheduled upon request. To request a hearing, send an email to Esther Barajas– Ochoa at esther.barajas–ochoa@oehha.ca.gov or let - ter to the address listed above by no later than June 10, 2024.

If one is scheduled, OEHHA will mail a no- tice of the hearing to the requester and interested par - ties on the Proposition 65 mailing list for regulatory public hearings. The notice will also be posted on the OEHHA website at least ten days before the public hearing date. The notice will provide the date, time, and instructions for participating in the hearing. CONTACT Please direct inquiries concerning the proposed regulatory action described in this notice to Esther Barajas–Ochoa at (916) 445–6900, or by email to esther.barajas–ochoa@oehha.ca.gov. Corey N.

Fried - man is a back–up contact person for inquiries con - cerning processing of this action and is available at (916) 323–2635 or corey.friedman@oehha.ca.gov.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Proposition 65 prohibits a person in the course of doing business from knowingly and intentionally ex - posing any individual to a chemical that has been list- ed as known to the state to cause cancer or reproduc - tive toxicity without first giving clear and reasonable warning to such individual. 3 The Act also prohibits a business from knowingly discharging a listed chemi - cal into water, or onto land where such chemical pass- es or probably will pass into any source of drinking water. 4 For carcinogens, an exemption from the warning re- quirement is provided by the Act when the exposure for which the person is responsible can be demonstrat- ed to produce no significant risk, or when a discharge which otherwise complies with all applicable require - ments would not cause any significant amount of the discharged or released chemical to enter any source of drinking water. 5 A determination that a level of ex - posure poses no significant risk may be made utiliz - ing regulations that have previously been adopted by OEHHA (Sections 25701–25721).

Section 25701 de - scribes alternative methods for making such a deter - mination.

Section 25705 sets forth the process for de - termining “no significant risk” levels for purposes of 3 Health and Safety Code

section 25249.6. 4 Health and Safety Code

section 25249.5. 5 Health and Safety Code sections 25249.9 and 25249.10.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 542 Proposition 65 and states those levels for certain listed chemicals. Businesses are not required to rely on an NSRL to demonstrate their product does not require a Proposi - tion 65 warning. As stated in existing

section 25701(a), “Nothing in this

article shall preclude a person from using evidence, standards, risk assessment methodol - ogies, principles, assumptions or levels not described in this

article to establish that a level of exposure to a listed chemical poses no significant risk.” Thus, an NSRL does not create a requirement or a mandatory threshold; rather, it provides guidance to businesses that choose to rely on the NSRL instead of developing their own analysis. This eases compliance for regulat- ed businesses. Details on the basis for the proposed NSRL for ti - tanium dioxide are provided in the Initial Statement of Reasons for this regulatory amendment, which is available on request from Esther Barajas–Ochoa at esther.barajas–ochoa@oehha.ca.gov and is posted on the OEHHA website at www.oehha.ca.gov. This proposed amendment to

section 25705 would add an NSRL for titanium dioxide by amending Sec - tion 25705(c) (2) as follows (addition in underline): … (c)

(2) The following levels based on state or federal risk assessments shall be deemed to pose no significant risk: Chemical Name Level (micrograms per day) … Polychlorinated biphenyls (PCBs) 0.09 Tetrachloroethylene 14 Titanium dioxide (airborne, unbound particles of respirable size).

If daily exposure to this chemical is at or below both of the following levels, it is deemed to pose no significant risk: Unbound, airborne particles with diameters of 10 micrometers or less 440 Unbound, airborne particles with diameters of 0.8 micrometers or less 44 … When OEHHA has not previously established an NSRL for a listed chemical based on its own risk as - sessment, then under subsection 25705(c), “levels of exposure deemed to pose no significant risk may be determined by [OEHHA] based on state or federal risk assessments.” OEHHA is proposing to establish an NSRL for the listed form of titanium dioxide based on a federal risk assessment, namely Occupational Ex- posure to Titanium Dioxide, Current Intelligence Bul- letin 63, Publication Number 2011–160 (2011), by the National Institute for Occupational Safety and Health (NIOSH).

ANTICIPATED BENEFITS OF THE PROPOSED REGULATION Regulated businesses that choose to rely on the NSRL will have an easier time determining if their products expose people to a level of titanium dioxide (airborne, unbound particles of respirable size) that poses no significant risk of cancer. This will ease com- pliance, reducing the likelihood of over–warning and furthering the right–to– know purposes of the statute, which promotes Californians’ health and safety.

In ad- dition, the NSRL does not require, but may encourage, businesses to reduce exposures to the listed chemical to a level that does not cause a significant risk, thereby providing a public health benefit to Californians. NO INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING REGULATIONS After conducting an evaluation on any related reg - ulations in this area, OEHHA has found that these are the only regulations dealing with Proposition 65 No Significant Risk Levels for this specific chemi - cal.

Therefore, OEHHA has determined that the pro - posed regulation is neither inconsistent nor incompat - ible with existing state regulations. The proposed reg- ulation does not impose any mandatory requirements on businesses, state or local agencies and does not ad- dress compliance with any other law or regulation.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 543 AUTHORITY

Section 25249.12, Health and Safety Code. REFERENCE Sections 25249.5, 25249.6, 25249.9, 25249.10, 25249.11 and 57004, Health and Safety Code. RESULTS OF ECONOMIC I M PACT A NA LYSIS (Gov. Code

section 11346.3(b)) No monetary costs have been estimated for this pro- posal. An NSRL is not a mandatory limit and does not create a threshold above which warnings are al - ways mandated. Regardless of this rulemaking pack - age, the standard for when a warning is required for titanium dioxide (airborne, unbound particles of re - spirable size) remains the same: no warning is need- ed if “the person responsible can show that the expo - sure poses no significant risk assuming lifetime expo- sure at the level in question for substances known to the state to cause cancer…” (Health & Safety Code, §25249.10(c)).

Businesses are not required to rely on an NSRL to demonstrate this and are still free to conduct their own analysis. The regulatory proposal will not affect the creation or elimination of jobs within the State of California. The proposal will also not affect the creation or elim - ination or expansion of business within the State of California. The proposed NSRL will ease compliance and further the right–to–know purposes of the Act, thereby benefiting the health and welfare of Califor - nia residents and promoting worker safety.

Addition - ally, the NSRL does not require, but may encourage, businesses to reduce exposures to the listed chemical to a level that does not cause a significant risk, there - by providing a health benefit to Californians and to the state’s environment.

NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE Because the proposed regulatory level provides compliance assistance to businesses subject to Propo - sition 65, but does not impose any mandatory require- ments on those businesses, OEHHA has made an ini - tial determination that the adoption of the regulation will not have a significant statewide adverse econom - ic impact directly affecting businesses, including the ability of California businesses to compete with busi - nesses in other states.

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The proposed NSRL was developed to provide com- pliance assistance for businesses. Use of the NSRL is not mandatory. No costs are anticipated, because no representative person or business must take any action as a result of this proposal. EFFECT ON SMALL BUSINESSES Small businesses will not be required to take any ac- tion as a result of this rulemaking. Additionally, Prop- osition 65 is limited by its terms to businesses with 10 or more employees. 6 CONSIDERATION OF ALTERNATIVES Under Government Code

section 11346.5(a) (13), OEHHA must determine that no reasonable alterna - tive considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or oth - er provision of law than the proposal described in this Notice.

EFFECT ON HOUSING COSTS OEHHA has determined that the proposed regula - tory action will have no effect on housing costs. The proposal provides compliance assistance to business - es subject to Proposition 65 but does not impose any mandatory requirements on those businesses.

PEER REVIEW This notice, the proposed regulatory change, and the Initial Statement of Reasons are being provided to the OEHHA Science Advisory Board’s Carcinogen Iden- tification Committee for review and comment. 7 NO IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS Because Proposition 65 does not apply to local agen- cies or school districts, OEHHA has determined the proposed regulatory action would not impose a man - date on local agencies or school districts; nor does it require reimbursement by the State pursuant to

Part 7 6 Health and Safety Code

section 25249.11(b). 7 Title 27, Cal. Code of Regs.,

section 25701(e).

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 544 (commencing with

Section 17500) of Division 4 of the Government Code. 8 OEHHA has also determined that no other nondis - cretionary costs or savings to local agencies or school districts will result from the proposed regulatory action. COSTS OR SAVINGS TO STATE AGENCIES Because Proposition 65 expressly does not apply to any State agency, OEHHA has determined that no savings or increased costs to any State agency will re- sult from the proposed regulatory action. 9 EFFECT ON FEDERAL FUNDING TO THE STATE OEHHA has determined that no costs or savings in federal funding to the State will result from the pro - posed regulatory action.

AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS OEHHA has prepared and has made available for public review an Initial Statement of Reasons for the regulation, all the information upon which the reg - ulation is based, and the text of the regulation. A copy of the Initial Statement of Reasons, the text of the regulation and the documents relied on to devel - op the proposed regulation are available upon request from OEHHA at the address and telephone number indicated above. These documents are also posted on OEHHA ’s website at www.oehha.ca.gov.

AVAILABILITY OF CHANGED OR MODIFIED TEXT The full text of any regulation which is changed or modified from the express terms of this proposed ac - tion will be made available at least 15 days prior to the date on which OEHHA adopts the resulting regu - lation. Notice of the comment period on changed reg - ulations and the full text will be mailed to individu - als who testified or submitted written comments at the public hearing, if held, or whose comments were re - ceived by OEHHA during the public comment period, and anyone who requests notification from OEHHA of the availability of such changes.

Copies of the notice and the changed regulation will also be available on the OEHHA website at www.oehha.ca.gov. 8 See Health and Safety Code

section 25249.11(b). 9 Ibid. FINAL STATEMENT OF REASONS A copy of the Final Statement of Reasons for this regulatory action may be obtained, when it becomes available, from OEHHA at the address and telephone number indicated above, and on the OEHHA website at www.oehha.ca.gov. GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND W ILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR FRENCH CREEK 2024 RKM 3.2–3.3 RESTORATION PROJECT (TRACKING NUMBER: 1653–2024–136–001–R1) SISKIYOU COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on April 30, 2024, that the Scott River Watershed Council (Council) propos - es to carry out a habitat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed project involves improving coho spawn- ing and rearing habitat in French Creek by installing engineered log–jams and augmenting spawning grav - el. The proposed project will be carried out on French Creek, located within the Scott River Hydrologic Unit 105.42, Siskiyou County, California.

On March 20, 2024, the North Coast Regional Wa - ter Quality Control Board (Regional Water Board) re- ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habi - tat Restoration Projects (General 401 Order) for the French Creek 2024 RKM 3.2–3.3 Restoration Project.

The Regional Water Board determined that the Proj - ect, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility requirements for cov- erage under the General 401 Order. The Regional Wa- ter Board issued a Notice of Applicability (WDID Number 1A24028WNSI) for coverage under the Gen- eral 401 Order on April 25, 2024. The Council is requesting a determination that the project and associated documents are complete pursu- ant to Fish and Game Code

section 1653 subdivision (d). If CDFW determines the project is complete, the

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 545 Council will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

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

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

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

section 1652. DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2024–134–001–R4 Project: Los Banos Wildlife Area Mud Slough Unit Wetland Enhancement Project Location: Merced County Applicant: Sean Allen, California Department of Fish and Wildlife Background Project Location: The Los Banos Wildlife Area Mud Slough Unit Wetland Enhancement Project (Project) will occur within Mud Slough, in the city of Los Banos, Merced County; centered at coordi - nates 37.059936, –120.764642; Sections 15 and 16, Township 10 South, Range 11 East; U.S.

Geological Survey map Los Banos; Assessor’s Parcel Number 454–020–006–000. Project Description: Sean Allen (Applicant) pro - poses to enhance water conveyance through 44 acres of wetlands within the Mud Slough Unit of the Los Banos Wildlife Area to provide a more reliable water supply to over 100 acres of downstream wetlands ad - jacent to Mud Slough.

The Project is likely to bene - fit populations of Swainson’s hawk (Buteo swainsoni) and tricolored blackbird (Agelaius tricolor), both spe- cies designated as threatened pursuant to the Califor - nia Endangered Species Act (CESA); western pond turtle ( Emys marmorata), proposed threatened under the federal Endangered Species Act (ESA); and giant garter snake (Thamnophis gigas), a threatened species pursuant to both ESA and CESA (See 16 U.S.C. § 1531 et seq., Fish & Game Code, § 2050 et seq., and Cal. Code Regs., title 14, § 670.5, subdivision (b) (5) (A,

H) and (b) (4) (E)). The Project includes the following activities: An existing, nonfunctional lift pump station will be removed, and a new lift pump station will be installed approximately 150 feet downstream of the existing point of diversion. The new pump station will consist of two lift pumps approximately 15 feet high, embed - ded partially underground, installed on a precast con - crete pump stand with a one–foot–deep compacted aggregate base. An 18–inch–thick riprap apron will be installed adjacent to the structure to prevent erosion.

A 24–inch diameter, 25–foot–long pipe will be in - stalled in a five–foot wide trench, backfilled with na - tive soil, to convey water from the pump to wetlands west of Mud Slough. A 24–inch diameter, 160–foot– long pipe will be installed in a five–foot–wide trench under the bed of Mud Slough and backfilled with na - tive soil to convey water from the pump to wetlands east of Mud Slough. The pipe will terminate at a three–foot–by–three–foot concrete horseshoe–shaped outlet, set on four inches of aggregate base.

An 18– inch–thick layer of riprap will be placed on top of fil - ter fabric along the levee slope at the pipe outlet to pre- vent erosion. Two 24–inch diameter pipes will be replaced with new 42–inch diameter, 45–foot–long polyvinyl chlo - ride pipes under the existing levee crossing. The inlets and outlets will be graded to allow for proper drain - age. Precast concrete riser water control structures will be placed on an aggregate base at each pipe inlet. The levee at the culvert crossing will be modified to a 20–foot top width with 2H:1V side slope.

An 18–inch– thick layer of riprap with filter fabric will be installed at inlets and outlets along the levee side slope to pre - vent erosion. Four water control structures with precast concrete risers will be installed in the Project site, two at the southern end, upstream of the Mud Slough crossing, and two at the northern end. Grading will occur at the northern outlet locations to ensure proper drainage. Two water control structures, composed of 24–inch diameter polyvinyl chloride pipes and precast con - crete risers, will be installed within interior berms.

Riprap will be installed at the inlet and outlet of all water control structures to prevent erosion. Four 24–inch diameter polyvinyl chloride pipe cul - verts and one 30–inch diameter polyvinyl chloride pipe culvert will be installed within existing levees. A swale with a 15–foot bottom width and 3H:1V side slope will be constructed to convey water within the Mud Slough Unit back to Mud Slough. Spoils from swale construction will be used in levee crossing im - provement activities within the Project site.

Work will occur when the Project site is expected to be dry, though if residual water is present, it will be pumped from the work area and discharged to an adja- cent vegetated wetland. Project Size: The total size of the Project site is 60.4 acres. The total area of disturbance is 2.94 acres. The Project will temporarily impact 1.22 acres of wetlands and will permanently impact 0.22 acres of wetlands.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 546 The Project will temporarily impact 0.70 acres of stream and permanently impact 0.05 acres of stream. The Project complies with the General 401 Certifica - tion for Small Habitat Restoration Projects and associ- ated categorical exemption from the California Envi - ronmental Quality Act (CEQA) (Cal. Code Regs., title 14, § 15333). Project Associated Discharge: Discharge of materi- als into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Proj- ect include those associated with the following: (1) na- tive soil, (2) rock riprap, (3) culverts, (4) water control structures, and (5) lift pumps. Project Timeframes: Start date: June 2024. Completion date: October 2024. Project term: One year.

Water Quality Certification Background: Because the Project’s primary purpose is habitat restoration in- tended to improve the conveyance and quality of wa - ters in California, the Central Valley Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Dis- charge Identification (WDID) Number 5B24CR0010). The NOA describes the Project and requires the Ap - plicant to comply with terms of the Order.

Addition - ally, the Applicant has provided a supplemental docu- ment that sets forth measures to avoid and minimize impacts to existing vegetation, water quality, nesting birds, and aquatic species. Receiving Water: Mud Slough. Discharge Volume: The Project will incur a dis - charge volume of 690 cubic yards of native soil from backfill and excavation, 170 cubic yards of rock rip - rap, five culverts, ten water control structures, and two lift pumps, all associated with water conveyance improvements. Regional Water Board staff determined the Project may proceed under the Order.

Additionally, Regional Water Board staff determined the Project, as described in the Notice of Intent (NOI) complies with CEQA (Pub. Resources Code, § 21000 et seq.). On April 4, 2024, the Director of the California De- partment of Fish and Wildlife (CDFW) received a no- tice from the Applicant requesting a determination pursuant to Fish and Game Code

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

section 1653 sub - division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on April 4, 2024, for pub - lishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. No - tice File Number Z–2024–0404–03) on April 19, 2024. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

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

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

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

Section 401 General Wa - ter Quality Certification for Small Habitat Restoration Projects. Avoidance and Minimization Measures Avoidance and minimization measures for the Proj- ect, as required by Fish and Game Code

section 1653, subdivision (b) (4), include, but are not limited to, the following: construction work windows; environmen - tal awareness training; avoidance of vegetation dis - turbance; and wildlife species avoidance and minimi - zation. The specific avoidance and minimization re - quirements are found in attachments to the Request to Approve, “02_LosBanosWA–MudSloughUnit_ WQC_SupplementalInformation_022624,” “05_ LosBanosWA–MudSloughUnit_HREA_SpeciesMea- sures_032224” and “06_BiologicalEvaluation.” Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Monitoring and Reporting Plan provides perfor - mance standards, protocols for assessment, time - frame, and responsible party.

Specific requirements of the plan are found in an attachment to the NOI, “02_ LosBanosWA–MudSloughUnit_WQC_Supplemen - talInformation_022624.” Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Or - der for Small Habitat Restoration Projects requires the Applicant to submit a Notice of Completion (NOC) no later than 30 days after the project has been complet - ed. A complete NOC includes at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● WDID number indicated above; and

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 547 ● s uccess criteria for the Project. The NOC shall demonstrate the Applicant has car - ried out the Project in accordance with the Project de- scription as provided in the Applicant’s NOI. The Ap- plicant shall include the project name and WDID num- ber with all future inquiries and document submittals. Pursuant to Fish and Game Code

section 1653, subdi- vision (g), the Applicant shall submit the monitoring plan, monitoring report, and notice of completion to CDFW as required by the General Order. The Appli - cant shall submit documents electronically to: megan. rooney@wildlife.ca.gov and R4LSA@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

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

section 1652 or 1653 shall be in lieu of any other permit, agreement, license, or oth- er approval issued by CDFW, including, but not limit- ed to, those issued pursuant to

Chapter 6 (commenc - ing with

section 1600) and

Chapter 10 (commenc - ing with

section 1900) of this Division and

Chapter 1.5 (commencing with

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

If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW. (See generally Fish & Game Code, § 1654, subdivision (c).) ro River Bridge Rehabilitation and Widening Project (Project) will take place in unincorporated Mendoci - no County, 4.0 kilometers (2.5 miles) northwest of the community of Philo in the Anderson Valley, near the entrance to the Hendy Woods State Park.

The Proj - ect will widen and retrofit the bridge’s existing arch span and replace the timber approach spans with a new concrete approach structure. The Project requires construction of a temporary gravel fill work pad with gravel fill abutments to support a work platform. The work platform will be aligned under the bridge and may be up to 150 feet long (perpendicular to the chan- nel) and approximately 40 to 60 feet wide.

Fill will be composed of clean river–run gravel and placed within the active channel with at least a 20–foot–wide chan - nel between the fill on opposite banks to accommo - date the typical range of summer flows and not ad - versely affect hydraulic conditions for fish. To con - struct the eastern bridge foundation, dewatering activ- ities will be required using a sheet pile cofferdam.

The sheet pile cofferdam will be installed using a vibratory pile driver and will dewater an area of the channel ap- proximately 60 feet by 30 feet (a total area of approx - imately 1,500 square feet) along the east side (right bank) of the channel under the bridge. The dewatered area will be filled with clean river–run gravel and fish will be removed or otherwise excluded from the area to be dewatered before water is pumped to a settling basin created on the floodplain.

The Project activities described above are expect - ed to incidentally take 1 coho salmon ( Oncorhynchus kisutch) of the Central California Coast (CCC) evo - lutionarily significant unit (ESU), where those activ - ities take place within the bed, bank, and channel of the Navarro River. In particular, CCC coho salmon could be incidentally taken as a result of the increased turbidity and fine sediment, hazardous materials ex - posure, impaired fish passage, physical changes to ri - parian and aquatic habitat, fish relocation and dewa- tering, and hydroacoustic impacts associated with the Project.

CCC coho salmon are designated as an endan- gered species pursuant to the federal Endangered Spe- cies Act (ESA) (16 U.S.C. § 1531 et seq.) and the Cali- fornia Endangered Species Act (CESA) (Fish & Game Code, § 2050 et seq.). (See Cal. Code Regs., title 14, § 670.5, subdivision (a) (2) (N).) CCC coho salmon individuals are documented as present at the Project site. Because of the possible oc - currences of all life stages of CCC coho salmon at the 1 Pursuant to Fish and Game Code

section 86, “ ‘Take’ means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” See also Environmental Protection In - formation Center v. California Department of Forestry and Fire Protection (2008) 44 Cal.4th 459, 507 (for purposes of incidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “ ‘take’ … means to catch, capture or kill.”).

DEPARTMENT OF FISH AND W ILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 2080–2024–004–01 Project: P hilo–Greenwood Bridge Road over the Navarro River Bridge Rehabilitation and Widening Project Location: M endocino County Applicant: M endocino County Department of Transportation Background Mendocino County Department of Transportation (Applicant) proposes to rehabilitate and widen the existing single–lane Philo–Greenwood Road Bridge over the Navarro River in Mendocino County to im - prove the bridge to current California Department of Transportation (Caltrans) design standards, increase public safety, and improve transportation mobility.

The Philo–Greenwood Bridge Road over the Navar -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 548 Project site, the known dispersal patterns of CCC coho salmon, and the presence of suitable CCC coho salm - on habitat within the Project site, the National Ma - rine Fisheries Service (NMFS) determined that CCC coho salmon are reasonably certain to occur within the Project site and that Project activities are expected to result in the incidental take of CCC coho salmon.

According to NMFS, incidental take will be exceed- ed if more than 10 juvenile CCC coho salmon are cap- tured during a construction season or more than 1 ju - venile CCC coho salmon are harmed or killed during a construction season. The Project is expected to result in the temporary loss of a 10,800–square–foot reach of aquatic CCC coho salmon habitat during dewater - ing activities. The Project is not expected to result in permanent habitat loss for the species.

Because the Project is expected to result in take of a species designated as endangered under the ESA, the California Department of Transportation (Caltrans), as a Federal Highway Administration Agent, consult - ed with NMFS as required by the ESA. On May 5, 2022, NMFS issued a biological opinion (file Number WCRO–2021–02768) (BO) to Caltrans. The BO de - scribes the Project, requires the Applicant to comply with terms of the BO and its incidental take statement (ITS), and incorporates additional measures. On No - vember 2, 2023, NMFS issued a letter clarifying and amending the ITS and associated BO.

The ITS also requires the Applicant to implement and adhere to measures contained within the Project Biological As - sessment (BA) dated July 2021, as revised September 2023. On April 2, 2024, the Director of the California De- partment of Fish and Wildlife (CDFW) received a no- tice from James Linderman, on behalf of the Appli - cant, requesting a determination pursuant to Fish and Game Code

section 2080.1 that the ITS and accompa- nying BO are consistent with CESA for purposes of the Project and CCC coho salmon. (Cal. Reg. Notice Register 2024, Number 16–Z, p. 468.) Determination CDFW has determined that the ITS, along with its accompanying BO, is consistent with CESA as to the Project and CCC coho salmon because the mitigation measures contained in the ITS and accompanying BO, as well as the conditions in the BA, meet the condi - tions set forth in Fish and Game Code

section 2081, subdivisions (

b) and (

c) for authorizing incidental take of CESA–listed species. Specifically, CDFW finds that: (1) take of CCC coho salmon will be incidental to an otherwise lawful activity; (2) the mitigation mea - sures identified in the ITS and accompanying BO and BA will minimize and fully mitigate the impacts of the authorized take; (3) adequate funding is ensured to implement the required avoidance minimization and mitigation measures and to monitor compliance with, and effectiveness of those measures; and (4) the Proj - ect will not jeopardize the continued existence of CCC coho salmon.

The mitigation measures in the ITS and accompanying BO and BA include, but are not limited to, the following: Avoidance, Minimization, and Mitigation Measures 1) Caltrans or the contractor will retain qualified bi- ologists with expertise in the area of anadromous salmonid biology, including handling, collecting, and relocating salmonids; salmonid/habitat rela - tionships; and biological monitoring of salmonids. Caltrans or the contractor shall ensure that all fish- eries biologists be qualified to conduct fish collec- tions in a manner which minimizes all potential risks to ESA–listed salmonids.

Electrofishing, if used, shall be performed by qualified biologists and conducted according to the NOAA Fisheries Guidelines for Electrofishing Waters Containing Salmonids Listed under the Endangered Species Act, June 2000. See: https://media.fisheries.noaa. gov/dammigration/electro2000.pdf. 2) The biologist will monitor the construction sites during placement and removal of cofferdams and channel diversions to ensure that any adverse ef - fects to CCC coho salmon are minimized.

The biologist will be on site during all dewatering events to capture, handle, and safely relocate CCC coho salmon to an appropriate location. The biologist will notify NMFS staff one week prior to capture activities in order to provide an oppor- tunity for NMFS staff to observe the activities. 3) CCC coho salmon will be handled with extreme care and kept in water to the maximum extent possible during rescue activities.

All captured CCC coho salmon will be kept in cool, shaded, aerated water protected from excessive noise, jostling, or overcrowding any time they are not in the stream, and fish will not be removed from this water except when released. To avoid preda- tion, the biologists will have at least two contain- ers and segregate young–of–the–year from larger age classes and other potential aquatic predators.

Captured CCC coho salmon will be relocated, as soon as possible, to a suitable instream location in which suitable habitat conditions are present to allow for adequate survival of transported fish and fish already present. 4) If any CCC coho salmon are found dead or in - jured, the biological monitor will contact NMFS staff. All CCC coho salmon mortalities will be retained until further direction is provided by the

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 549 NMFS biologist (listed in the BO).

Tissue sam - ples are to be acquired from each mortality prior to freezing the carcass per the methods identified in the NMFS Southwest Fisheries Science Center Genetic Repository protocols and sent to the National Oceanic Atmospheric Administration Coastal California Genetic Repository. 5) Non–native fish that are captured during fish re - location activities shall not be relocated to anad - romous streams, or areas where they could access anadromous habitat. 6) All cofferdams, pumps, pipes, and sheet plastic will be removed from the stream upon Project completion; any clean native gravel used for the cofferdams will be left in the channel to augment available spawning habitat. 7) All pumps used to divert live stream flow, outside the dewatered work area, will be screened and maintained throughout the construction period to comply with NMFS’ Fish Screening Criteria for listed Salmonids (NMFS 1996). 8) Caltrans/Applicant will allow any NMFS employee(

s) or any other person(

s) designated by NMFS to accompany field personnel to visit the project site during activities described in the BO. 9) Upon Project completion, Caltrans/Applicant shall revegetate access roads and repair bank ar - eas to pre–Project slope and form. Between con - struction seasons, access roads shall be made in - accessible to vehicles in order to prevent access to the river channel. 10) Construction equipment used within the river channel will be checked each day prior to work within the river channel (top of bank to top of bank) and, if necessary, action will be taken to prevent fluid leaks.

If leaks occur during work in the channel, Caltrans or their contractors will contain the spill and remove the affected soils. 11) Once construction is completed, all Project– introduced material must be removed, leaving the river as it was before construction. Excess ma - terials will be disposed of at an appropriate up - land disposal site. Minor grading to return the channel to pre–Project form can be performed if necessary. 12) Caltrans/Applicant shall develop and implement measures to treat post–construction stormwater runoff from hard surfaces to reduce contaminant load entering salmonid habitat.

Stormwater run - off from the Project areas associated with road widening/new lanes, must be treated to remove contaminants from at least the 2–year, 24–hour storm size (based on analyses supporting the National Pollutant Discharge Elimination System permit). This may be accomplished by treating stormwater from existing infrastructure in addi - tion to the new infrastructure. If this level of on– site treatment of the proposed Project is not possi- ble, treatment at other sites (preferably within the same watershed) can be discussed as mitigation.

Measures shall be designed to avoid or minimize the effects of road–generated runoff to creeks by diverting surface flow through vegetated areas for infiltration and treatment, or through similar constructed features.

The proposed stormwater treatment plan shall be provided to NMFS for re- view and approval at least 120 days prior to the start of Project construction. 13) Measures should be implemented to reduce run– off from the bridge deck to Navarro River. 14) Any structures such as relief ditches, grading to direct flow, and other diversion structures must receive regular long–term maintenance, with a focus on early fall to reduce run–off from the first rains that cause flush of materials accumulated from the summer months. 15) No rubberized asphalt or rubber crumb may be used due to loading of zinc and 6PPD/6PPD– quinone from the recycled tires used to produce the product. 16) Riparian habitat areas temporarily disturbed or restored shall be replanted using riparian species that have been recorded along the Navarro River in the action area, including willow ( Salix spp.) and red alder (Alnus rubra). 17) Onsite creation/restoration shall occur in areas that have been disturbed during project construc- tion.

The amount of habitat created/restored shall be at a 3:1 ratio of new plantings per large (6 in. in diameter at breast height) woody plant removed.

This replanting ratio will help ensure successful establishment of at least one vigorous plant for each plant removed to accommodate the Project. 18) Non–native tree species removed during project construction will be replaced with native riparian species. 19) Any crushed rock used to surface access paths and work pads within the channel will be re - moved, leaving only clean spawning–sized grav - els graded to conform to the natural streambed and bank contours at the end of construction.

The addition of clean spawning–sized gravels would increase spawning habitat availability in the Navarro River, and provide an overall benefit for CCC ESU coho salmon.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 550 Monitoring and Reporting Measures 1) Project Construction and Fish Relocation Report — Caltrans must provide a written report to NMFS by January 15 of the year following each construction season. The report must be submit - ted to NMFS’ North–Central Coast Office. The report must contain, at minimum, the following information: a. Construction related activities — The report(

s) must include the dates construc - tion began and was completed; a discussion of any unanticipated effects or unanticipat - ed levels of effects on salmonids, including a description of any and all measures tak - en to minimize those unanticipated effects and a statement as to whether or not the un - anticipated effects had any effect on ESA– listed fish; the number of salmonids killed or injured during the Project action; and pho - tographs taken before, during, and after the activity from photo reference points. b. Fish relocation — The report(

s) must include a description of the location from which fish were removed and the release site(

s) includ- ing photographs; the date and time of the re- location effort; a description of the equip - ment and methods used to collect, hold, and transport salmonids; if an electrofisher was used for fish collection, a copy of the log - book must be included; the number of fish relocated by species; the number of fish in - jured or killed by species and a brief nar - rative of the circumstances surrounding ESA–listed fish injuries or mortalities; and a description of any problems which may have arisen during the relocation activities and a statement as to whether or not the activities had any unforeseen effects. 2) Post–Construction Vegetation Monitoring and Reporting — Revegetation monitoring will be implemented in compliance with regulatory per - mit conditions and be initiated immediately fol - lowing completion of the planting and will be de- scribed within a Riparian Wetland Mitigation and Monitoring Plan to be reviewed and approved by NMFS and CDFW.

Reports documenting post– Project conditions of vegetation installed at the site will be prepared and submitted annually for the first five years following Project completion. Reports will document vegetation health and sur- vivorship and percent cover, natural recruitment of native vegetation (if any), and any maintenance or replanting needs. Photographs must be includ- ed. If poor establishment is documented, the re - port must include recommendations to address the source of the performance problems. Annual reports shall be sent to NMFS’ North–Central Coast Office.

The BO requires the Applicant to submit monitor - ing reports to NMFS by January 15 of the year fol - lowing each construction season of the Project. Al - though not a condition of the BO, CDFW requests that the Applicant also send a copy of the monitoring re - ports to CDFW’s Northern Region Eureka Office at R1LSAEureka@wildlife.ca.gov. Financial Security Caltrans has provided fund - ing security for mitigation requirements in compli - ance with the September 3, 2021 Master Funding Agreement for Financial Assurance under CESA en - tered into by CDFW and Caltrans.

A Child Expendi - ture Authorization (EA) has been created to contain $16,294,600 for construction mitigation and monitor - ing requirements. $400,000 of this will be set aside specifically for CESA mitigation and monitoring, ri - parian and fish habitat restoration, and avoidance and minimization measures (See Caltrans letter to Men - docino County Department of Transportation re Fi - nancial Assurances for Mitigation/Monitoring for Philo–Greenwood Bridge (Number 10C0032) Rehabil- itation and Widening Project FID: BRLO–5904(106), (121), April 26, 2024, attached hereto as Exhibit A).

The funds allocated to mitigation and monitoring will be kept in the State Treasury until proposed mitigation work has been completed and accepted by the regula - tory agencies and will not be re–allocated to another element of the Project or expended for any purpose other than completing the mitigation and monitoring requirements. Conclusion Pursuant to Fish and Game Code

section 2080.1, take authorization under CESA is not required for the Project for incidental take of CCC coho salmon, provided the Applicant implements the Project as de - scribed in the BO, including adherence to all measures contained therein, and complies with the mitigation measures and other conditions described in the ITS and accompanying BO and the BA.

If there are any substantive changes to the Project, including changes to the mitigation measures, or if NMFS amends or re - places the ITS and accompanying BO or the BA, the Applicant shall be required to obtain a new consisten- cy determination or a CESA incidental take permit for the Project from CDFW. (See generally Fish & Game Code, §§ 2080.1, 2081, subdivisions (

b) and (c).) CDFW’s determination that the NMFS ITS and ac- companying BO are consistent with CESA is limited to CCC coho salmon.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 551 DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT FISH AND GAME CODE

SECTION 2080.3 CONCURRENCE NUMBER 2080–2024–002–04 Project: Implementation of the San Joaquin River Restoration Program and Accompanying Hatchery and Genetic Management Plan Location: Butte, Napa, Yolo, and Fresno Counties Applicant: U.S. Fish and Wildlife Service Background On April 2, 2024, the National Marine Fisheries Service (NMFS) issued Scientific Research and En - hancement Permit 20571–2R (Permit) to the United States Fish and Wildlife Service (USFWS), pursuant to

section 10, subdivision (a) (1) (

A) of the federal En- dangered Species Act (ESA). The Permit authorizes USFWS to take ESA–listed Central Valley spring– run Chinook salmon (Oncorhynchus tshawytscha ) (spring–run Chinook salmon) from the Feather River Fish Hatchery (FRFH), Butte Creek, and the San Joa - quin River for scientific research and enhancement ac- tivities associated with the San Joaquin River Resto - ration Program (SJRRP). The purpose of the research and enhancement program is to produce spring–run Chinook salmon for reintroduction in order to restore a self–sustaining population in the San Joaquin Riv - er below Friant Dam.

The Permit authorizes collec - tion of wild and hatchery eggs, juveniles, and adults for broodstock development and maintenance, releas - es of juvenile hatchery–origin and adult spring–run Chinook salmon, and in–stream research, monitoring, and evaluation activities. Spring–run Chinook salm - on is designated as a threatened species pursuant to the California Endangered Species Act (CESA) (Fish & Game Code, § 2050 et seq.). (See Cal. Code Regs., title 14, § 670.5, subdivision (b) (2) (C).) The Permit is effective for approximately five years and will expire December 31, 2028.

The Permit that is the subject of this determination (20571–2R), as well as the Permit’s associated Biolog- ical Opinion (BO), arise from the SJRRP. The SJRRP executes a legal settlement from the lawsuit, NRDC et at. v. Kirk Rodgers et at. In 1988, a coalition of en- vironmental groups led by the Natural Resources De - fense Council (NRDC) filed a lawsuit challenging the renewal of long–term water services contracts be - tween the United States Department of Interior and the Central Valley Project Friant Division contractors.

After more than 18 years of litigation, the Settling Parties reached a Stipulation Agreement (Settlement).

The Settling Parties, including NRDC, Friant Water Users Authority (now known as the Friant Water Au - thority), and the United States Departments of Interior and Commerce, agreed on the terms and conditions of the Settlement, which establishes two primary goals: ● Restoration Goal — To restore and maintain fish populations in “good condition” in the mainstem San Joaquin River below Friant Dam to the con - fluence with the Merced River, including natural- ly reproducing and self–sustaining populations of salmon and other fish. ● Water Management Goal — To reduce or avoid adverse water supply impacts to all of the Friant Division long–term contractors that may result from the Interim Flows and Restoration Flows provided in the Settlement.

Through a 2006 memorandum of understanding be- tween the California Department of Fish and Wildlife (CDFW) and other state agencies and the Settling Parties, CDFW stated its intention to assist the Settling Parties in implementation of the Settlement consistent with CDFW’s authorities, resources, and broader re - gional resource strategies. Subsequently, President Obama signed the San Joaquin River Restoration Act on March 30, 2009, giving the Department of Interior full authority to implement the SJRRP.

The imple - menting agencies, consisting of the Department of Interior, Bureau of Reclamation (Reclamation) and USFWS, NMFS, CDFW, and California Department of Water Resources (DWR) organized a Program Management Team and associated work groups to be- gin the Settlement implementation. The Settlement requires the reintroduction of spring–run Chinook salmon into the San Joaquin Riv- er.

To implement the Settlement, the SJRRP’s Hatch- ery and Genetics Management Plan (HGMP) (2023) proposes using a Conservation Facility (Interim Fa - cility and future Salmon Conservation and Research Facility [SCARF]) and genetic management and conservation hatchery techniques to develop a self– sustaining population of spring–run Chinook salmon for the SJRRP. The Interim Facility, located in Friant, California, in Fresno County, and the SCARF, will rely on artificial propagation using broodstock to at - tain sufficient numbers of spring–run Chinook salmon for reintroduction.

Because the implementation of these research and enhancement activities is expected to result in take of a species designated as threatened under the federal ESA, USFWS consulted with NMFS as required by

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 19–Z 552

Section 7 of ESA. The timeline of relevant regulatory activities to date is as follows: ● O ctober 11, 2012 — NMFS issued Enhancement of Survival Permit 14868 to USFWS, authoriz - ing take of spring–run Chinook eggs or juveniles from FRFH to establish broodstock methodolo - gies and begin studies associated with holding practices. ● D ecember 18, 2013 — CDFW issued a concur - rence (CDFW file Number 2080–2012–017–014) pursuant to Fish and Game Code sect