California Regulatory Notice Register — Register 2025, No. 27-Z (JULY 4, 2025)

Cal. Reg. Notice Reg. 2025, No. 27

California Z Register

Time– Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2025, NUMBER 27–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JULY 4, 2025 PROPOSED ACTION ON REGULATIONS TITLE 2. BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY Conflict–of–Interest Code — Notice File Number Z2025–0612–02 ......................................... 837 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2025–0624–03 ......................................... 837 AMENDMENT MULTI–COUNTY: Oakdale Joint Unified School District Citrus Heights Water District STA TE AGENCY: State Personnel Board TITLE 2. PUBLIC EMPLOYMENT RELATIONS BOARD Conflict–of–Interest Code — Notice File Number Z2025–0624–02 ......................................... 838 TITLE 14.

BOARD OF FORESTRY AND FIRE PROTECTION Timeline Amendments for Less Than 3–acre Conversion Exemptions, 2025 — Notice File Number Z2025–0624–05 ................................................................................. 839 TITLE 16. ACUPUNCTURE BOARD Standards of Practice for Telehealth Services — Notice File Number Z2025–0624–06 .......................... 844 TITLE 23.

W A TER COMMISSION Removal of Dollar Amount Cap for Early Funding — Notice File Number Z2025–0624–01 ..................... 847 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Aptos Creek Streamwood Enhancement Project, 1653–2025–166–001–R3, Santa Cruz County. . . . . . . . . . . . . . . . . . . 851 (Continued on next page)

DEPARTMENT OF FISH AND WILDLIFE Dowdell Avenue Extension, 2080–2025–001–03, Sonoma County .......................................... 852 DEPARTMENT OF FISH AND WILDLIFE Upper Noyes Valley Creek Process–Based Restoration — Bringing the Beaver Back Phase 1, 1653–2025–162–001–R1, Siskiyou County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .855 DEPARTMENT OF FISH AND WILDLIFE Wheeler Gorge Campground Stream Restoration — Notice File Number Z2025–0623–02 ...................... 857 DEPARTMENT OF PESTICIDE REGULATION Notice of Extension of Written Comment Period Concerning the Groundwater Protection List (Original 45–day Notice Published on May 16, 2025, Notice Register 2025, No . 20–Z) ......................... 859

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 860 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. CALIFOR NIA R EGULATORY NOTICE R EGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814–4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $409.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 837 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters . TITLE 2. BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Business, Consumer Services, and Housing Agency, pursu- ant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on July 4, 2025 and closing on August 18, 2025. All inquiries should be directed to the contact listed below. The Business, Consumer Services, and Housing 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:

(1) Changing the name of Department of Fair Employ- ment and Housing to the Civil Rights Department; (2) retitling the position of Assistant Secretary to As- sistant Deputy Secretary: (3) adding positions to the code: Informational Officer II, Staff Services Manag- er I (Cal ICH), Research Data Specialist II (Cal ICH), and Research Data Analyst II (Cal ICH); (4) deleting the Research Program Specialist II (Cal ICH) position from the code; (5) adding an additional reporting re- quirement regarding information technology or tele- communications goods for Cal ICH filers; and (6) oth- er technical changes as necessary.

Information on the code amendment is available on the agency’s intranet site and/or attached to this email. Any interested person may submit written com- ments relating to the proposed amendment by submit- ting them no later than August 18, 2025, or at the con- clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched- uled. A person may request a hearing no later than Au- gust 3, 2025. The Business, Consumer Services, and Housing 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 under

Part 7 (commencing with

Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Laurance Lee Assistant Deputy General Counsel (916) 701–3027 Laurance.lee@bcsh.ca.gov. 500 Capitol Mall Suite 1850 Sacramento, CA 95814 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Po- litical Practices Commission, pursuant to the au- thority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of–interest codes, will review the proposed/ amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY : Oakdale Joint Unified School District Citrus Heights Water District STATE AGENCY : State Personnel Board A written comment period has been established commencing on July 4, 2025, and closing on August 18, 2025.

Written comments should be directed to the Fair Political Practices Commission, Attention: An- drea Spiller Hernandez, 1102 Q Street, Suite 3050, Sacramento, California 95811.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 838 At the end of the 45–day comment period, the pro- posed conflict–of–interest codes will be submitted to the Commission’s Executive Director for their review, unless any interested person or their duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hear- ing before the full Commission. If a public hearing is requested, the proposed codes will be submitted to the Commission for review.

The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon their own motion or at the request of any interested person, will approve, or revise and approve, or re- turn the proposed codes to the agency for revision and re–submission within 60 days without further notice. Any interested person may present statements, ar- guments, or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest codes.

Any written comments must be received no later than August 18, 2025. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

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

REFERENCE Government Code Sections 87300 and 87306 provide that agencies shall adopt and promulgate conflict–of–interest codes pursuant to the Political Re- form Act and amend their codes when change is ne- cessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict–of–interest codes should be made to Andrea Spiller Hernandez, Fair Political Practices Commis- sion, 1102 Q Street, Suite 3050, Sacramento, Califor- nia 95811, or email aspiller–hernandez@fppc.ca.gov.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Andrea Spiller Hernandez, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email aspiller–hernandez@fppc.ca.gov. TITLE 2. PUBLIC EMPLOYMENT RELATIONS BOARD NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Public Em- ployment Relations board, pursuant to the authori- ty vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established com- mencing on July 4, 2025, and closing on August 18, 2025. All inquiries should be directed to the contact listed below. The Public Employment Relations Board propos- es to amend its conflict–of–interest code to include employee positions that involve the making or partici- pation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Gov- ernment Code. The amendment carries out the pur- poses of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: ● Adding, removing, renaming designated posi- tions to reflect the current organizational struc- ture of the Public Employment Relations Board;

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 839 ● Updating that Board Members must file their statements of economic interest electronically with the Fair Political Practices Commission; ● Specifying that all other Public Employment Re- lations Board (PERB) individuals holding des- ignated positions must file their statements with PERB; ● Clarification that Consultants and new positions shall be included in the list of designated posi- tions and shall disclose pursuant to the broadest disclosure category in the code subject to the fol- lowing limitation. ○ The Deputy Executive Director may deter- mine in writing that a particular consultant or new position, although a “designated po- sition”, is hired to perform a range of duties that is limited in scope and thus is not re- quired to comply fully with the disclosure requirements described in this section. ○ Such written determination shall include a description of the consultant’s or new po- sition’s duties and based upon that descrip- tion, a statement of the extent of disclo- sure requirements.

The Deputy Executive Director’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict–of–interest code. ● Updating information on the disclosure categories; ● Other technical changes. 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 August 18, 2025, or at the con- clusion of the public hearing, if requested, whichever comes later.

At this time, no public hearing is sched- uled. A person may request a hearing no later than Au- gust 8, 2025. The Public Employment Relations Board has de- termined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Susan Davey, Executive Director Public Employment Relations Board 1031 18th Street Sacramento, CA 95811 Susan.Davey@perb.ca.gov 916–298–7824 TITLE 14.

BOARD OF FORESTRY AND FIRE PROTECTION TIMELINE AMENDMENTS FOR LESS THAN 3–ACRE CONVERSION EXEMPTIONS, 2025 NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is pro- posing to take the action described in the Informative Digest. PUBLIC HEARING The Board will hold a public hearing on August 20, 2025, at its regularly scheduled meeting commencing at 9:00 a.m., in room 2–201 of the Natural Resources Building, 715 P Street, Sacramento, CA.

At the hear- ing, any person may present statements or arguments, orally or in writing, relevant to the proposed action. The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written

summary of their statements. Additionally, pursuant to Government Code (GOV) § 11125.1(b), writings that are public records pursuant to GOV § 11125.1(

a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be considered during the meeting, shall be made available for public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some other person. Attendees may also participate via the online meet- ing platform or telephone conferencing. To partic- ipate via the online meeting platform please email PublicComments@bof.ca.gov by 4:30 p.m. on August 19, 2025, to request a link to the meeting. A link to the meeting will also be posted under the “Webinar Infor-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 840 mation” heading on the front page of the Board web- site, no later than 8:00 a.m. the morning of the hearing. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub- mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends at 5:00 p.m. on August 20, 2025.

The Board will consider only written comments re- ceived at the Board office by that time and those writ- ten comments received at the public hearing, includ- ing written comments submitted in connection with oral testimony at the public hearing. The Board re- quests, but does not require, that persons who submit written comments to the Board reference the title of the rulemaking proposal in their comments to facili- tate review. Written comments shall be submitted to the follow- ing address: Board of Forestry and Fire Protection Attention: Jane Van Susteren Regulations Coordinator P .O.

Box 944246 Sacramento, CA 94244–2460 Written comments can also be hand delivered to the contact person listed in this notice at the follow- ing address: Board of Forestry and Fire Protection 715 P Street Sacramento, CA 95814 Written comments may also be delivered via email at the following address: PublicComments@BOF.ca.gov AUTHORITY AND REFERENCE (PURSUANT TO GOV § 11346.5(A)

(2) AND 1 CCR § 14) Authority cited: Sections 4551, 4553, 4584, 4584.1, 4604, 4611 and 4628, Public Resources Code (PRC). Reference: Sections 4512, 4513, 4584, 4597, 4628 and 21083.2(b) (3), Public Resources Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (PURSUANT TO GOV 11346.5(A) (3) (A)–(D)) Pursuant to the Z’berg–Nejedly Forest Practice Act of 1973, PRC § 4511, et seq. (Act) the State Board of Forestry and Fire Protection (Board) is authorized to construct a system of forest practice regulations ap- plicable to timber management on state and private timberlands.

PRC § 4551 requires the Board to “…adopt district forest practice rules… to ensure the continuous grow- ing and harvesting of commercial forest tree species and to protect the soil, air, fish, wildlife, and water re- sources…” and PRC § 4553 requires the Board to con- tinuously review the rules in consultation with other interests and make appropriate revisions.

PRC § 4551.5 requires that the rules and regulations adopted by the Board apply to the conduct of Timber Operations, which is defined within PRC § 4527(a) (1) as “the cutting or removal, or both, of timber or other solid wood forest products, including Christmas trees, from Timberlands for commercial purposes, together with all the incidental work, including, but not limited to, construction and maintenance of roads, fuelbreaks, firebreaks, stream crossings, landings, skid trails, and beds for the falling of trees, fire hazard abatement, and site preparation that involves disturbance of soil or burning of vegetation following timber harvesting ac- tivities, but excluding preparatory work such as tree- marking, surveying, or roadflagging.” The term “com- mercial purposes”, as used within PRC § 4527 is de- fined by reference to an illustrative, non–exhaustive list of activities within PRC § 4527(a) (2) that include “(

A) the cutting or removal of trees that are processed into logs, lumber, or other wood products and offered for sale, barter, exchange, or trade, or (

B) the cutting or removal of trees or other forest products during the conversion of timberlands to land uses other than the growing of timber that are subject to

Section 4621, in- cluding, but not limited to, residential or commercial developments, production of other agricultural crops, recreational developments, ski developments, water development projects, and transportation projects.” Additionally, the Act defines “Timberland” within PRC § 4526 as “land, other than land owned by the federal government and land designated by the board as experimental forest land, which is available for, and capable of, growing a crop of trees of a commercial species used to produce lumber and other forest prod- ucts, including Christmas trees.” The Act recognizes that the “forest resources and timberlands of the state are among the most valuable of the natural resources of the state”, and that “it is the policy of this state to encourage prudent and responsi- ble forest resource management…” (PRC § 4512).

The act also recognizes that some landowners who own timberland and forest resources may wish to utilize their land for purposes other than the growing, har- vesting, and management of timber. To accommodate these activities, the Act contains provisions for the conversion of timberland through several mechanisms including

Article 9 of the Act, and PRC § 4584 (g).

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 841 PRC § 4584 authorizes the Board to adopt regula- tions to provide an exemption, from all or portions of the Act, to a person engaging in certain forest man- agement activities specified by the statute. PRC § 4584 (

g) allows the Board to adopt regula- tions exempting an individual from all or portions of the Act when the landowner is engaged in “[t]he one–time conversion of less than three–acres to a nontimber use,” can demonstrate a bona fide intent to convert the land use, and has met certain other crite- ria. The Board has interpreted and implemented these statutory provisions through the adoption of 14 CCR § 1104.1(a).

These regulations were adopted by the Board, pursuant to its statutory authority, to provide landowners relief from certain onerous or burden- some portions of the FPRs, including Plan preparation and conversion permit requirements, while maintain- ing environmental quality by requiring Timber Oper- ations to comply with all other applicable provision of the Act and existing regulations. Since their initial adoption as part of the For- est Practice Rules (Rules) in 1974, the less than three–acre Conversion Exemption regulations of 14 CCR § 1104.1(

a) have been widely utilized by land- owners seeking to accomplish various conversion goals, from the construction of residences to improv- ing rangeland resources, and the Department of For- estry and Fire Protection (Department) has received over 15,000 applications statewide to date. In 2023, Governor Newsom signed AB 1526, which amended PRC § 4584(g) (2) (A) (iv) to allow the Board to adopt a waiver of the one–time limitation on less than three acre conversion if the one–time limitation would im- pose an undue hardship.

The Board passed regulations implementing this waiver and updating the rules to ensure that the requirements for the Less than 3–acre Conversion Exemption were in keeping with updates to exemption requirements elsewhere in the rules while maintaining the exemption as a functional tool for forest land management. The problem is that the most recent amendments to the regulations limited the timeline for treatment of logging slash and woody debris to 45–days after the commencement of timber operations.

This re- quires that all timber operations be completed with- in 45 days, limiting the application of the exemption by shortening the timeline for use from the proscribed one year (per 14 CCR 1104.1(a) (5) (A). This has led to problems with contracting Timber Operators for the reservation and use of appropriate labor and equip- ment, and with delays and interruptions to timber op- erations caused by seasonal weather or other factors. The regulatory text requires landowners to complete timber operations and clear the site of fuels within a shortened time frame.

The purpose of the proposed action is to restore the previous timeline for timber operations under the Less than 3–acre Conversion Exemption by restoring the previous slash and woody debris treatment timeline. The effect of the proposed action is to reduce lim- itations on the use of the Less than 3–acre Conversion Exemption that arise from the 45–day limitation on slash treatment and thus timber operations.

The benefit of the proposed action is the removal of artificial limitations on active time for slash and woody debris management, creating a regulatory text which reflects the full length of time where a permit is active. This allows landowners to access appropri- ate equipment for the management of these forest fuels and to complete timber operations on a timeline that represents Timber Operator availability and other fac- tors such as appropriate weather conditions. There is no comparable Federal regulation or statute.

Board staff conducted an evaluation on wheth- er the proposed action is inconsistent or incompati- ble with existing State regulations pursuant to GOV § 11346.5(a) (3) (D). State regulations related to the proposed action were, in fact, relied upon in the devel- opment of the proposed action to ensure the consisten- cy and compatibility of the proposed action with exist- ing State regulations. Otherwise, Board staff evaluated the balance of ex- isting State regulations related to measures concern- ing conversion of timberland within State regulations that met the same purpose as the proposed action.

Based on this evaluation and effort, the Board has de- termined that the proposed regulations are neither in- consistent nor incompatible with existing State regu- lations. The proposed regulation is entirely consistent and compatible with existing Board rules. Statute to which the proposed action was compared:

Chapter 8,

Part 2, Division 4, Public Resources Code. Regulations to which the proposed action was com- pared:

Article 4, Subchapters 1, 4, 5, 6, and 7

Chapter 4, Division 1.5, Title 14, California Code of Regulations. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor du- plicates, Federal regulations. There are no comparable Federal regulations con- cerning conversion of timberland. No existing Federal regulations meeting the same purpose as the proposed action were identified.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 842 OTHER STATUTORY REQUIREMENTS (PURSUANT TO GOV § 11346.5(A) (4)) There are no other matters as are prescribed by stat- ute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (PURSUANT TO GOV § 11346.5(A) (5)). The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (PURSUANT TO GOV § 11346.5(A) (6)) There is no cost to any local agency or school dis- trict that is required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of

Section 17556 of the Government Code. The proposed action will not result in the imposi- tion of other non–discretionary costs or savings to lo- cal agencies. The proposed action will not result in costs or sav- ings in Federal funding to the State. The proposed action will not result in costs to any State agency. The proposed action represents a con- tinuation of existing forest practice regulations related to the conduct of timber operations and will not result in any direct or indirect costs or savings to any state agency.

HOUSING COSTS (PURSUANT TO GOV § 11346.5(A) (12)) The proposed action will not significantly affect housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (PURSUANT TO GOV §§ 1 1346.3(A), 11346.5(A)

(7) AND 11346.5(A) (8)) The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states (by making it costlier to produce goods or services in California). FACTS, EVIDENCE, DOCUMENTS, TESTIMONY, OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HA VE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (PURSUANT TO GOV § 1 1346.2(B)

(5) AND GOV § 11346.5(A) (8)) Contemplation by the Board of the economic impact of the provisions of the proposed action through the lens of the decades of contemplating forest practice in California that the Board brings to bear on regulatory development. STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV § 11346.5(a) (10) and prepared pursuant to GOV § 11346.3(b) (1) (A)– (D).

The proposed action: ● Will not create jobs within California (GOV § 11346.3(b) (1) (A)); ● Will not eliminate jobs within California (GOV § 11346.3(b) (1) (A)); ● Will not create new businesses (GOV § 11346.3(b) (1) (B)); ● Will not eliminate existing businesses within California (GOV § 11346.3(b) (1) (B)); ● Will not affect the expansion or contraction of businesses currently doing business within Cal- ifornia (GOV § 11346.3(b) (1) (C)); ● Will yield nonmonetary benefits (GOV § 11346.3(b) (1) (D)).

These measures may bene- fit environmental quality throughout the state by providing feasible timelines for timber operations in less than 3 acre conversions and the disposal of the resulting fuels, leading to less severe wildfire in the wildland–urban interface. The proposed action will not affect the health and welfare of California residents or worker safety.

COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (PURSUANT TO GOV § 11346.5(A) (9)) The agency is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. No adverse impacts are to be expected.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 843 BUSINESS REPORT (PURSUANT TO GOV §§ 11346.5(A)

(11) AND 11346.3(D)) The proposed action does not impose a business re- porting requirement. SMALL BUSINESS (DEFINED IN GOV 1 1342.610) The proposed regulation may affect small business, though small businesses, within the meaning of GOV § 11342.610, are not expected to be significantly affect- ed by the proposed action. Small business, pursuant to 1 CCR § 4(a):

(1) Is legally required to comply with the regulation;

(2) Is not legally required to enforce the regulation;

(3) Does not derive a benefit from the enforcement of the regulation;

(4) May incur a detriment from the enforcement of the regulation if they do not comply with the regulation.

ALTERNATIVES INFORMATION In accordance with GOV § 11346.5(a) (13), the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the ac- tion is proposed, or would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

CONTACT PERSON Requests for copies of the proposed text of the regu- lations, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the sub- stance of the proposed action may be directed to: Board of Forestry and Fire Protection Attention: Jane Van Susteren Regulations Coordinator P .O. Box 944246 Sacramento, CA 94244–2460 Telephone: (916) 653–8007 The designated backup person in the event Ms. Van Susteren is not available is Daniel Craig, Regulations Program Manager for the Board of Forestry and Fire Protection. Mr. Craig may be contacted at the above address or phone.

AVAILABILITY STATEMENTS (PURSUANT TO GOV § 11346.5(A) (16), (18)) All of the following are available from the contact person: 1. Express terms of the proposed action using UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2.

Initial Statement of Reasons, which includes a statement of the specific purpose of each adop- tion, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4. Changed or modified text.

After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the Board makes modifications which are sufficiently related to the originally pro- posed text, it will make the modified text — with the changes clearly indicated — available to the public for at least 15 days before the Board adopts the regulations as revised.

Notice of the comment period on changed regulations, and the full text as modified, will be sent to any person who testi- fied at the hearings, submitted comments during the public comment period, including written and oral comments received at the public hearing, or requested notification of the availability of such changes from the Board of Forestry and Fire Pro- tection. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available.

FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Avail- ability Statements is also available on the Board web site at: https://bof.fire.ca.gov/regulations/ proposed–rule–packages/

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 844 TITLE 16. ACUPUNCTURE BOARD STANDARDS OF PRACTICE FOR TELEHEALTH SERVICES NOTICE IS HEREBY GIVEN that the Acupunc- ture Board (hereafter Board) is proposing to take the action described in the Informative Digest below, after considering all comments, objections, and recommen- dations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

However, the Board will hold a 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 prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No- tice, must be received by the Board at its office no later than by Monday, August 18, 2025 , or must be received by the Board at the hearing, should one be scheduled. AUTHORITY AND REFERENCE Authority: Sections 2290.5 and 4933, Business and Professions Code (BPC) Reference: BPC Sections 686, 2290.5, 4927, 4937 and 4955.

Pursuant to the authority vested by BPC section(s) 2290.5 and 4933, and to implement, interpret, or make specific BPC section(s) 686, 2290.5, 4927, 4937 and 4955, the Board is considering adopting section(s) 1399.452.1 of title 16 of the California Code of Regu- lations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law at BPC sections 686 and 2290.5 au- thorize health care providers who are individuals li- censed under Division 2 of the Code to provide tele- health.

Although these sections authorize licensees of the Board to provide acupuncture services via tele- health, they do not provide any specific guidelines for the provision of services in this manner. In an effort to provide further guidelines and requirements specific to the delivery of acupuncture services provided via telehealth, a proposed telehealth regulation has been developed deemed necessary for clarity. BPC

section 2290.5 establishes

definitions related to the practice of telehealth, sets patient consent standards required pri- or to the delivery of health care services via telehealth, sets confidentiality standards, and enforces health care provider’s compliance with scope and other existing practice act laws and regulations. The regulatory proposal will establish standards for licensees to follow when acupuncture services are provided via telehealth. The proposal defines what acupuncture services include when delivered via tele- health, the appropriate standard for services provided at the discretion of licensees pursuant to BPC

section 4937. Referencing BPC

section 4937 clearly points to modalities included within an acupuncturist’s scope of practice. The proposal also identifies who is permitted to de- liver acupuncture through telehealth. The proposal sets factors and criteria to take under consideration in determining what modalities and services are appro- priate to offer via telehealth. The proposal identifies what shall be identified for patient consent and the re- quirements to follow when obtaining patient consent. The proposal also emphasizes the law by specifying that a violation of the regulatory standards constitutes unprofessional conduct.

Anticipated Benefits of Proposal The Board anticipates that this regulatory propos- al will help ensure that acupuncturists, as health care providers, have standards in place when implement- ing telehealth into their practice. These changes are intended to better protect California consumers by providing transparency of a telehealth setting to the consumer.

Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulato- ry proposal, the Board has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither inconsistent nor in- compatible with existing state regulations. FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The regulations do not result in a fiscal impact to the state.

The regulations are intended to clarify exist- ing law and are not anticipated to result in additional workload or costs. The Board estimates up to 45 percent of licensees are currently providing telehealth services pursuant to current law and receives a minimal number (0–5)

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 845 complaints related to telehealth per year. The Board does not anticipate an increase in complaints or en- forcement–related workload costs related resulting from the proposed regulations. The regulations do not result in additional federal costs or savings to the state. Nondiscretionary Costs/Savings to Local Agen - cies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re- quire Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None.

Significant Effect on Housing Costs (and, if appli- cable, including any estimated costs of compliance or potential benefits of a building standard): None. BUSINESS IMPACT ESTIMATES The proposed regulation will impact those licensed by the Board (and any business that they own or that employs) if they choose to provide services via tele- health. It clarifies what the law requires of them when they offer telehealth services.

If there are licensees currently providing telehealth services, the new standards which require that elec- tronic data be transmitted securely may require a change in the telehealth medium they are current- ly using. Therefore, there may be additional costs as- sociated with coming into compliance with this new standard. In the event a licensee opts to provided telehealth services, start–up and ongoing maintenance costs are anticipated to be minimal and considered part of nor- mal business operations.

Licensees will be required to take reasonable steps to ensure electronic data is transmitted securely and the Health Insurance Portability and Accountabili- ty Act of 1996 (HIPAA)–compliant. To be HIPAA– compliant, a telehealth platform must include all, but not limited to, encryption, access control, audit con- trols, data integrity, Business Associate Agreements, privacy protections, breach notification agreements, and compliance with all other HIPAA requirements. The Board has identified the following areas of compliance costs: ● Telephone, email, text services — None.

As- sumes licensee has current services. ● Video — less than $100 per month or $1,200 per year. ● Scheduling, video, record maintenance and bill- ing services — $300 per month or $3,600 per year. The Board does not have an estimate of the num- ber of licensees that may opt to provide telehealth ser- vices or otherwise need to come into compliance with the proposed regulations. As a result, the Board does not have an estimate of the total economic impact at this time.

The Board has made an initial determination that the proposed regulatory action will not have a signif- icant statewide adverse economic impact directly af- fecting businesses, including the ability of California businesses to compete with businesses in other states. Cost Impact on Representative Private Person or Business Licensees will be required to take reasonable steps to ensure electronic data is transmitted securely and HIPAA–compliant.

To be HIPAA–compliant, a tele- health platform must include all, but not limited to, en- cryption, access control, audit controls, data integrity, Business Associate Agreements, privacy protections, breach notification agreements, and compliance with all other HIPAA requirements. The Board has identified the following areas of compliance costs: ● Telephone, email, text services — None. As- sumes licensee has current services. ● Video — less than $100 per month or $1,200 per year. ● Scheduling, video, record maintenance and bill- ing services — $300 per month or $3,600 per year.

The Board does not have an estimate of the num- ber of licensees that may opt to provide telehealth ser- vices or otherwise need to come into compliance with the proposed regulations. As a result, the Board does not have an estimate of the total economic impact at this time. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses This regulatory proposal will not create or elimi- nate any jobs because offering telehealth is an optional mode of delivering acupuncture services and will not require startup costs that all licensees will be forced to implement.

No new businesses will be created or existing businesses eliminated as a result of this pro- posal because offering telehealth is an optional mode of delivering acupuncture services and will not re- quire startup costs that all licensees will be forced to implement. This optional mode of communication shouldn’t have a bearing on the creation or elimination of business. This proposal will not affect the expansion of busi- nesses currently doing business within the State of California because the proposed regulatory action clarifies the existing ability of a licensee to deliv- er acupuncture via telehealth.

Since telehealth is an

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 846 optional mode of delivering acupuncture services, it will not require startup costs that all licensees will be forced to implement. Benefits of Regulation The Board has determined that this regulatory pro- posal will have the following benefits to the health and welfare of California residents: these regulations will benefit the health and welfare of consumers by pro- viding increased clarity regarding requirements for a licensee to practice telehealth.

Consumers will bene- fit from requirements that protect their confidentiali- ty and promote transparency. This regulatory propos- al does not affect worker safety because it does not in- volve worker safety. This regulatory proposal benefits the State’s environment because it may reduce trans- portation related emissions. Business Reporting Requirements The regulatory action does not require businesses to file a report with the Board. Effect on Small Business The Board has determined that the proposed regu- lations may affect small businesses.

Although small businesses owned by licensees of the Board may be impacted, the Board does not maintain data relating to the number or percentage of licensees who own a small business; therefore, the number or percentage of small businesses that may be impacted cannot be predicted. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Board must deter- mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed; would be as effective and less burdensome to affected private persons than the proposal described in this No- tice; or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may submit comments to the Board in writing relevant to the above determinations at 1625 North Market Boulevard, Suite N–219, Sacra- mento, CA 95834 during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulato- ry action, which includes the Initial Statement of Rea- sons (ISOR), proposed regulatory text, and all the in- formation on which this proposal is based.

This mate- rial is contained in the rulemaking file and is available for public inspection upon request to the contact per- sons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu- lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained at https://www.acupuncture.ca.gov/about_us/ relevant.shtml or upon request from the Board, at 1625 North Market Boulevard, Suite N–219, Sacramento, CA 95834.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently relat- ed to the original text.

With the exception of techni- cal or grammatical changes, the full text of any modi- fied proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the person desig- nated in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

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

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Kristine Brothers Policy Coordinator Address: Acupuncture Board 1625 North Market Boulevard, Suite N–219 Sacramento, CA 95834 Telephone Number: 916–515–5200 Fax Number: 916–928–2204

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 847 Email Address: AcuPolicy@dca.ca.gov The backup contact person is: Name: Marisa Ochoa Central Services Manager Address: Acupuncture Board 1625 North Market Boulevard, Suite N–219 Sacramento, CA 95834 Telephone Number: 916–515–5200 Fax Number: 916–928–2204 Email Address: AcuPolicy@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini- tial Statement of Reasons, and the text of the regu- lations with modifications noted, as well as the Fi- nal Statement of Reasons when completed, and mod- ified text, if any, can be accessed through the Board’s website at https://www.acupuncture.ca.gov/about_us/ relevant.shtml TITLE 23.

WATER COMMISSION REMOVAL OF DOLLAR AMOUNT CAP FOR EARLY FUNDING The California Water Commission (Commission) will conduct a public hearing at the time and place noted below to consider the removal of the dollar cap for early funding from the regulations that govern the Water Storage Investment Program (WSIP), which is currently in effect as 23 CCR § 6010 (b) (5) and (e) (1). The proposed change removes the dollar cap for ear- ly funding, which could potentially contradict the per- centage cap for early funding as set forth in the WSIP regulations (23 CCR § 6010(b) (4)).

The proposed change does not change the percentage amount of ear- ly funding available to a project from the WSIP as ear- ly funding, nor does it constitute a new solicitation for projects that do not have a Maximum Conditional El- igibility Determination (MCED), which is the amount of Proposition 1 funding potentially available to each WSIP project. OPPORTUNITY FOR PUBLIC COMMENT Public Hearings . The hearing will be held in accor- dance with the requirements set forth in Government Code

section 11346.8. The hearing will take place during the California Water Commission’s regularly scheduled August meeting. The public will be able to attend the hearing in–person or via Zoom. The hear- ing details are as follows: Date: August 20, 2025 Time: 9:30 a.m. Location: State of California, Resources Building, 715 P Street, Room 221 Sacramento, CA, 95814 Zoom link: https://us02web.zoom.us/j/86489495509?pwd= zL9kZBQpj7TdsFgiDqHmMPE60soDH1.1 Zoom details will also be released with the public agenda for this meeting, which will be released at least ten (10) days in advance of the hearing.

This item may be considered at any time during the regularly scheduled meeting of the Commission. Please consult the agenda, which will be available at least ten (10) days before August 20, 2025, to confirm where on the agenda this item will fall. The agenda will be posted at http://cwc.ca.gov.

Section affected: California Code of Regulations, ti- tle 23

section 6010 (b) (5) and (e) (1). WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS Interested members of the public may present com- ments orally or in writing at the hearing and may pro- vide comments by postal mail or by electronic submit- tal before the hearing. The public comment period for this regulatory action will begin on July 4th, 2025.

To be considered by the Commission, written comments not physically submitted at the hearing must be sub- mitted on or after July 4th, 2025, and received before the close of the comment period on August 18th, 2025, and must be addressed to the following: California Water Commission P .O.

Box 924836 Sacramento, CA 94236 –or– cwc@water.ca.gov Please note that under the California Public Records Act (Government Code §6250 et seq.), written and oral comments, attachments, and associated contact infor- mation (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. The Commission requests, but does not require, that written and email statements on this item be filed at least 10 days prior to the hearing so that Commission staff and Commissioners have additional time to con- sider each comment.

The Commission encourages members of the public to bring to the attention of staff, in advance of the hearing, any suggestions for modifi- cation of the proposed regulatory action.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 848 Additionally, the Commission requests, but does not require, that persons who submit written comments to the Commission reference the title of the proposal in their comments to facilitate review. AUTHORITY AND REFERENCE Authority Cited: Sections 79705, 79711, 79750, 79751, 79752, 79753, 79754, 79755, and 79757, Water Code. Reference: Sections 79705, 79711, 79751, 79755, 79757, 10733.2, and 10753.7, Water Code. DOCUMENTS INCORPORATED BY REFERENCE No documents are incorporated by reference in the regulations. INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT OVERVIEW PURSUANT TO GOVERNMENT CODE

SECTION 11346.5(A)

(3) Background and Effect of the Proposed Rulemaking This notice of proposed rulemaking will remove the dollar cap for early funding for the WSIP (23 CCR § 6010 (b) (5) and (e) (1)). The proposed regulations do not result in a re–examination of the merits of a WSIP project, nor do they change the total amount of fund- ing a project may receive from the WSIP if the proj- ect meets all the statutory requirements of Water Code

section 79755. The proposed change only removes the dollar amount cap. It does not change or remove the 5% of MCED early funding limit (23 CCR § 6010(b) (4)). Objectives, Benefits, and Policy Statement Explaining the Specific Benefits Anticipated from the Proposed Regulatory Action The proposed change will remove sections (b) (5) and (e) (1) of 23 CCR § 6010. Due to the dissolution of the Los Vaqueros Joint Powers Authority and with- drawal of the Los Vaqueros Expansion project from the WSIP , the Commission may decide to allot the funds from Los Vaqueros’s MCED to other projects.

Prior to withdrawing from the WSIP , Los Vaqueros spent its early funding award, and those funds count toward the $135 million early funding cap. If the Com- mission decides to redistribute Los Vaqueros’s poten- tial funding to other WSIP projects, those projects may not have the opportunity to receive up to 5% of their updated MCED as early funding due to the $135 million cap. The ultimate benefit is allowing projects to receive up to 5% of their MCED award for early funding to address water supply and storage issues in California.

The proposed change would address the potential conflict between the $135 million cap on early fund- ing and the 5% of project MCED cap on early funding. Determination of Inconsistency and Incompatibility with Existing State Regulations Pursuant to Government Code 11346 .5(a) (3) (

D) The proposed changes would address the potential conflict between the $135 million cap on WSIP early funding (23 CCR § 6010(b) (5) and (e) (1)) and the 5% of MCED per project cap (23 CCR § 6010(b) (4)), by removing the dollar amount cap for early funding. The proposed regulations are not inconsistent or incompat- ible with existing state regulations. The proposed regulations were developed to be con- sistent with the following sections of California Code: Government Code sections 11340.5 and 11342.600 re- quiring any rule of general application to be adopted as a regulation.

The Executive Officer has determined that the pro- posed regulation is not inconsistent or incompatible with existing regulations. The Executive Officer has concluded that 23 CCR § 6010(b) (5) and (e) (1) are the only regulations concerning the dollar amount cap on early funding. Mandated by Federal Law of Regulations The proposed changes to the regulation are not man- dated by federal law or regulations but are necessary because of duties imposed on the California Water Commission via federal law.

Comparable Federal Regulations These regulations do not have a federal counterpart, and do not impact, duplicate, or conflict with Federal regulations or statutes.

Summary of Existing Laws and Regulations Related Directly to the Proposed Rulemaking The Water Storage Investment Program (WSIP) im- plements Proposition 1,

Chapter 8, that provided $2.7 billion for public benefits of water storage projects. The California Water Commission (Commission) is administering the WSIP to fund the public benefits as- sociated with these projects. To implement WSIP , the Commission adopted program regulations, pursuant to California Water Code

section 79755, on December 14, 2016, then proceeded with a solicitation and ap- plication review. The language in Water Code

section 79755(

a) prevents the Commission from making final funding awards until the applicant has finalized en- vironmental documentation, completed permits, ob- tained 100 percent of the non–public cost share, and has executed contracts with applicable State agencies for the administration of public benefits. However, while

section 79755(

a) prevents a final award until the project is construction ready,

section 79755(

c) allows for early funding of projects to assist with work relat- ed to completion of environmental documentation and

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 849 permits. Program regulations implemented the early funding provision by requiring applicants to request early funding in their initial applications. In July 2018, the Commission made maximum conditional eligibil- ity determinations (MCEDs) for projects, which set the amount of Proposition 1 funding potentially avail- able to each project. The Commission also made three early funding awards.

Early funding is a portion of a project’s MCED that applicants may spend prior to the final funding award. 23 CCR sections 6010 (b) (5) and (e) (1) limit the amount of early funding the Com- mission can award to WSIP projects to $135 million, which is 5% of the $2.7 billion that was allocated to the program. Per WSIP regulations, projects are capped at receiving 5% of their MCED as early funding (23 CCR § 6010(b) (4)). Other Statutory and Legal Requirements California Government Code

section 11340.5 states: (

a) No state agency shall issue, utilize, enforce, or attempt to enforce any guideline, criterion, bulletin, manual, instruction, order, standard of general appli- cation, or other rule, which is a regulation as defined in

Section 11342.600, unless the guideline, criterion, bulletin, manual, instruction, order, standard of gen- eral application, or other rule has been adopted as a regulation and filed with the Secretary of State pursu- ant to this chapter. California Government Code

section 11342.600 de- fines a regulation as: …[E]very rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order or standard ad- opted by any state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure. Because the proposed regulatory action is a “revi- sion of any rule” adopted to “govern its procedure,” the Commission needs to undertake a rulemaking to ensure the process it implements is consistent with Government Code

section 11340.5. FISCAL IMPACT DETERMINATION REGARDING THE PROPOSED ACTION Local Mandate (Government Code

Section 11346 .5(a) (5)) Pursuant to Government Code sections 11346.5(a) (5) and (a) (6), the Executive Officer has determined that the proposed regulatory action would not create costs to covered State agencies. The proposed regulato- ry action would not create costs or savings in feder- al funding to the State, costs or mandate to any local agency or school district, whether or not reimbursable by the State pursuant to Government Code, Title 2, di- vision 2,

part 7 (commencing with

section 17500) or other nondiscretionary costs of savings to State of lo- cal agencies. The regulation does not impose a mandate on any private individual, business or local government. The regulations govern the existing applicants to the Water Storage Investment Program. The determinations of the Commission’s Executive Officer concerning the costs or savings necessarily incurred by public agencies and private persons and businesses in reasonable compliance with the pro- posed regulatory action are presented below: ● Cost to any Local Agency or School District Re- quiring Reimbursement Pursuant to Government Code

section 17500 et seq.: None. ● Cost or Savings for State Agencies: None. ● Other Non–discretionary Costs or Savings on Local Agencies: None. ● Cost or Savings in federal funding to the state: None. Significant Statewide Adverse Economic Impact Directly Affecting Business, Including Ability to Compete The Executive Officer has made an initial determi- nation that the proposed regulatory action would not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states, or on representative private persons.

Cost Impacts on Representative Private Persons or Businesses The Executive Officer is not aware of any cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Small Business The Executive Officer has also determined, pursu- ant to California Code of Regulations, title 1,

section 4, that the proposed regulatory action would not affect small businesses because the projects do not meet the qualifications of a small business. Business Reporting Requirements The administrative requirements of the proposed regulations do not apply to business or private individ- uals. Therefore, there is no reporting requirement that applies to businesses. Housing Costs The Executive Officer has also made the initial de- termination that the proposed regulatory action will not have a significant effect on housing costs.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 850 RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT PREPARED PURSUANT TO GOVERNMENT CODE

SECTION 1 1346.3(

B) Effect on Jobs/Businesses The Executive Officer has determined that the pro- posed regulatory action would not affect the creation or elimination of jobs within the State of California, the creation of new businesses or elimination of ex- isting businesses within the State of California, or the expansion of businesses currently doing business within the State of California.

Benefits of the Proposed Regulation The objective of the proposed regulations is to ad- dress the potential conflict between the $135 million total early funding cap and the 5% of MCED per proj- ect early funding cap, by removing the total early funding dollar amount cap of $135 million.

A detailed explanation of the benefits of the pro- posed regulation is in the Initial Statement of Reasons, under “Problem Statement” and “Purpose of Proposed Regulation.” The proposed regulation will not affect the health and welfare of California because the proposed change is merely the removal of the dollar amount cap for ear- ly funding. Each WSIP project will still have to meet the requirements set forth in the WSIP regulations. The proposed regulation will not affect worker safe- ty because it does not address or involve specific safe- ty concerns for workers.

The proposed regulation will not affect the state’s environment because the change is merely the remov- al of the dollar amount cap for early funding. Each WSIP project will still have to meet the requirements set forth in the WSIP regulations, including finalizing environmental documents. DISCLOSURES REGARDING THE PROPOSED ACTION Costs potentially resulting from these regulations are: There are no costs resulting from this proposed change.

The following are conclusions of an economic and fiscal impact analysis for the proposed regulations: The proposed regulation will not result in a signifi- cant or permanent change in the number of jobs with- in the state. No creation or elimination of businesses with- in the state would occur as a result of this proposed regulation. The proposed regulation would not affect the com- petitive advantages or disadvantages of businesses within the state. The proposed regulation would not significantly af- fect investment in the state.

Incentives for innovation in business products, ma- terials, or processes would not be affected. ALTERNATIVES STATEMENT The Commission must determine that no reasonable alternative considered or that has otherwise been iden- tified 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.

AVAILABILITY OF DOCUMENTS AND AGENCY CONTACT PERSONS Commission staff has prepared an Initial Statement of Reasons (ISOR) for the proposed regulatory action, which includes a

summary of the economic and envi- ronmental impacts of the proposal. The report is enti- tled “Initial Statement of Reasons.” Copies of the ISOR and the full text of the proposed regulatory language may be accessed on the Commis- sion’s website listed below, or may be obtained from Kimberly Muljat, California Water Commission, 715 P Street, Sacramento, California, 95814, (916) 651–7501.

The following materials are available for public review: ● Text of Proposed Regulation. ● Notice of Proposed Rulemaking. ● Initial Statement of Reasons. ● Materials Relied Upon. ● Form 400. ● Form 399. ● Final Statement of Reasons (upon completion). ● Final Text of Regulation (upon completion). These materials may be viewed in two ways: ● Visiting the Commission’s website (http:// cwc.ca.gov). ● Arranging an in–person review. Please contact Kimberly Muljat (contact information provided above).

Final Statement of Reasons Availability Upon its completion, the Final Statement of Rea- sons (FSOR) will be available and copies may be re- quested from the agency contact persons in this no- tice or may be accessed on the Commission’s website (http://cwc.ca.gov).

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 851 Agency Contact Persons Inquiries concerning the substance of the proposed regulatory action may be directed to: Kaylee Minton California Water Commission P .O. Box 924836 Sacramento, CA 94236 916–719–9268 cwc@water.ca.gov Further, the agency representative to whom nonsub- stantive inquiries concerning the proposed adminis- trative action may be directed to: Kimberly Muljat California Water Commission P .O.

Box 924836 Sacramento, CA 94236 (916) 651–7501 The Commission staff has compiled a record for this rulemaking action, which includes all the infor- mation upon which the proposal is based. This mate- rial is available for inspection upon request to the con- tact persons. Internet Access This notice, the Initial Statement of Reasons, and all subsequent regulatory documents, including the FSOR, when completed, are available on the Com- mission’s website for this rulemaking at https://cwc. ca.gov.

HEARING PROCEDURES The public hearing will be conducted in accordance with the California Administrative Procedure Act, Government Code, title 2, division 3,

part 1,

chapter 3.5 (beginning with

section 11340). Following the public hearing, the Commission may adopt the regulatory text as originally proposed, or with nonsubstantial or grammatical modification.

The Commission may also adopt the proposed regu- latory language with other modifications if the text as modified is sufficiently related to the originally pro- posed text that the public was adequately placed on notice and that the regulatory language as modified could result from the proposed regulatory action; in such event, the full regulatory text, with modifications clearly indicated, will be made available to the pub- lic, for written comment, at least 15 days before it is adopted. The public may request a copy of the modified text from the Commission contact persons listed in this notice.

The hearing location is wheelchair accessible. At the hearing, any person may present statements or ar- guments orally or in writing relevant to the proposed action described in the Informative Digest. The Com- mission requests but does not require that persons who make oral comments at the hearing also submit a writ- ten copy of their testimony at the hearing. GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR APTOS CREEK STREAMWOOD ENHANCEMENT PROJECT (TRACKING NUMBER: 1653–2025 –166 – 001– R 3) SANTA CRUZ COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on 6/17/2025, that the Resource Conservation District of Santa Cruz County (District) proposes to carry out a habitat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed project involves installing large wood features at ten sites within Aptos Creek using unanchored direct felling methods to enhance habitat for Coho salmon and steelhead. The proposed project will be carried out on Aptos Creek, located at the Forest of Nisene Marks State Park, Aptos, Santa Cruz County, California.

On 6/3/2025, the Central Coast Regional Water Quality Control Board (Regional Water Board) re- ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Ap- tos Creek Streamwood Enhancement Project.

The Re- gional Water Board determined that the Project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Proj- ects) and met the eligibility requirements for cover- age under the General 401 Order. The Regional Water Board issued a Notice of Applicability (WDID Num- ber 34425WQ17) for coverage under the General 401 Order on 6/12/2025. The District is requesting a determination that the project and associated documents are complete pursu- ant to Fish and Game Code

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

section 2081 subdivision (

b) or a Lake or Streambed Alteration

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 852 Agreement u nder F ish a nd G ame C ode se ction 1 605 for the proposed project. In a ccordance w ith F ish a nd G ame C ode se ction 1653 s ubdivision ( e), i f C DFW d etermines d uring t he review, b ased o n s ubstantial e vidence, t hat t he r equest is n ot c omplete, t he D istrict w ill h ave t he o pportuni- ty to submit under Fish and Game Code

section 1652. DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 2080–2025–001–03 Project: Dowdell Avenue Extension Location: Sonoma County Applicant: City of Rohnert Park Notifiers: Erik Schmidt and Vanessa Garrett BACKGROUND The C ity o f R ohnert P ark ( Applicant) p roposes t o extend D owdell A venue b etween G olf C ourse D rive West a nd B usiness P ark D rive f or e mergency v ehicle access, a nd a u tility e xtension.

T he D owdell A venue Extension ( Project) i ncludes r econstructing a 7 50–foot long pa ved e xisting p ortion o f D owdell A venue s outh of G olf C ourse D rive W est, i nstalling a n ew a pproxi- mately 1 ,600–foot l ong a nd 2 0–foot w ide pa ved p or- tion o f D owdell A venue a nd a 6 –foot w ide s idewalk on t he e astern s ide o f t he ro ad. A ro adside b ioretention feature w ill b e i nstalled o n t he e astern s ide o f t he ro ad within t he P roject a rea.

I t w ill b e a pproximately 5 f eet wide a nd w ill e xtend a long m ost o f t he l ength o f t he proposed D owdell A venue i mprovements, f or a t otal of approximately 6,000 square feet. The P roject a ctivities d escribed ab ove a re e xpect- ed t o i ncidentally t ake 1 C alifornia t iger s alamander (Ambystoma californiense) ( CTS), w here t hose a ctiv- ities t ake p lace w ithin t he P roject s ite.

I n pa rticular, CTS c ould b e i ncidentally t aken a s a r esult o f c rush- ing o r e ntombing o f i ndividuals d uring c onstruction; grubbing; c ut a nd fi ll g rading; t rench d igging; v ehic- ular a ccess; c ollapsing o f b urrows; a nd e ntrapment i n excavated p its, t renches, o r w ithin c onstruction m a- terials.

I ncidental t ake m ay a lso o ccur i n t he f orm o f pursue, ca tch, ca pture, o r a ttempt t o d o s o f rom C TS 1 P ursuant t o F ish a nd G ame C ode s ection 8 6, “ ‘ Take’ m eans hunt, p ursue, c atch, c apture, o r k ill, o r a ttempt t o h unt, p ursue, catch, c apture, o r k ill.” S ee a lso Environmental Protection In - formation Center v . California Department of Forestry and Fire Protection ( 2008) 4 4 C al.4th 4 59, 5 07 ( for p urposes o f i ncidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “ ‘take’ …means to catch, capture or kill”). surveying a nd r elocating o perations. C TS is d esignat- ed a s a n e ndangered s pecies p ursuant t o t he f ederal Endangered S pecies A ct ( ESA) ( 16 U .S.C. § 1 531 et seq) a nd a t hreatened s pecies p ursuant t o t he C alifor- nia E ndangered S pecies A ct ( CESA) ( Fish a nd G ame Code, § 2 050 et se q .). ( See C al. C ode R egs., t itle 1 4, § 670.5, subdivision (b) (3) (G).

CTS individuals are documented as present approx- imately 0 .6 m ile t o t he n orth o f t he P roject s ite a nd there is s uitable C TS h abitat w ithin a nd a djacent t o the P roject s ite. B ecause o f t he p roximity o f t he n ear- est d ocumented C TS, d ispersal pa tterns o f C TS, a nd the p resence o f s uitable C TS h abitat w ithin t he P roject site, t he U nited S tates F ish a nd W ildlife S ervice ( Ser- vice) d etermined t hat C TS is r easonably c ertain t o o c- cur w ithin t he P roject s ite a nd t hat P roject a ctivities are expected to result in the incidental take of CTS.

Because t he P roject is e xpected t o r esult i n t ake o f a s pecies d esignated a s e ndangered u nder t he f eder- al E SA, t he U .S. A rmy C orps o f E ngineers ( Corps) consulted w ith t he S ervice a s r equired b y t he E SA. On N ovember 1 9, 2 024, t he S ervice is sued a b iologi- cal o pinion ( file N umber 2 023–0042600) ( BO) t o t he Corps w hich a ppended t he P roject t o t he J uly 1 1, 2 020 Santa R osa P lain P rogrammatic B iological O pinion (PBO).

T he B O d escribes t he P roject, r equires t he A p- plicant t o c omply w ith t erms o f t he B O, i ts i nciden- tal t ake s tatement ( ITS), a nd t he P BO, a nd i ncorpo- rates a dditional m easures. A ccording t o t he S ervice, the P roject w ill r esult i n t he l oss o f 1 .53 a cres o f C TS upland h abitat, i ncluding 1 .43 a cres o f p ermanent i m- pacts and 0.10 acres of temporary impacts.

On May 23, 2025, the Director of the California De- partment o f F ish a nd W ildlife ( CDFW) r eceived a n o- tice o n b ehalf o f t he A pplicant r equesting a d etermi- nation p ursuant t o F ish a nd G ame C ode se ction 2 080.1 that t he I TS a nd a ccompanying B O a re c onsistent w ith CESA f or p urposes o f t he P roject a nd C TS. ( Cal. R eg.

Notice Register 2025, Number 24–Z, p. 759.) DETERMINATION CDFW h as d etermined t hat t he I TS, a long w ith i ts accompanying B O t hat a ppends t he P roject t o t he P BO, is c onsistent w ith CE SA a s t o t he P roject a nd C TS b e- cause t he m itigation m easures c ontained i n t he I TS, the a ccompanying B O, a nd t he P BO m eet t he c ondi- tions set f orth i n F ish a nd G ame C ode se ction 2 081, subdivisions (

b) a nd ( c), f or a uthorizing i ncidental t ake of CE SA–listed s pecies. S pecifically, C DFW fi nds that: ( 1) t ake o f C TS w ill b e i ncidental t o a n o therwise lawful a ctivity; ( 2) t he m itigation m easures i dentified in the ITS, accompanying BO, and the PBO will min- imize and fully mitigate the impacts of the authorized take; ( 3) a dequate f unding is e nsured t o i mplement t he required a voidance mi nimization a nd mi tigation m ea-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 853 sures and to monitor compliance with, and effective- ness of those measures; and (4) the Project will not jeopardize the continued existence of CTS.

The mit- igation measures in the ITS, accompanying BO, and the PBO include, but are not limited to, the following: Avoidance, Minimization, and Mitigation Measures 1) The Applicant purchased a total of 1.85 acres of CTS credits from the following conservation banks: ● 0.64 acre of CTS credits from Alton Pre- serve, LLC/Alton Lane Conservation Bank on January 31, 2025. ● 0.32 acre of CTS credits from Alton Pre- serve, LLC/Alton Lane Conservation Bank on May 6, 2025. ● 0.30 acre of CTS from Davis Preserve, LLC/ Swift/Turner Conservation Bank on January 31, 2025. ● 0.59 acre of CTS/Sebastopol meadowfoam combination credits from Margaret West Conservation Preserve, LLC/Margaret West Conservation Bank on January 31, 2025. 2) A qualified biological monitor will conduct a training session for all construction personnel, including contractors and subcontractors, before work is started on the Project.

The training will include, at a minimum, a description of the CTS, an explanation of the species’ status and protec- tion under state and federal laws, the avoidance and minimization measures to be implemented to reduce loss of these species, and communica- tion and work stoppage procedures in case a list- ed species is observed within the Project area. A fact sheet conveying this information will be pre- pared and distributed to all construction person- nel. The Applicant shall provide

interpretation for non–English speaking workers. 3) Access routes, number and size of staging areas, and work areas, will be limited to the minimum necessary to achieve the Project goals. Routes and boundaries of the roadwork will be clearly marked prior to initiating construction/grading. Environmentally Sensitive Areas (ESA) con- taining sensitive habitats adjacent to or within construction work areas for which physical dis- turbance is not allowed will be clearly delin- eated using high visibility orange fencing.

The ESA fencing will remain in place throughout the duration of the proposed action, while construc- tion activities are ongoing, and will be regularly inspected and fully maintained at all times. The ESA fencing will be removed promptly after Project completion. 4) Prior to the start of construction, Wildlife Exclu- sion Fencing (WEF) will be installed at the edge of the Project footprint in all areas where CTS could enter the construction area.

The location of the fencing shall be determined by the onsite Proj- ect manager and the Service–approved biologist in cooperation with the Service prior to the start of staging or surface disturbing activities. The location, fencing materials, installation specifica- tions, and monitoring and repair criteria shall be approved by the Service prior to start of construc- tion. The WEF shall remain in place throughout the duration of the Project and shall be inspected weekly and fully maintained. Repairs to the WEF shall be made within 24 hours of discovery.

Upon Project completion, the WEF shall be complete- ly removed, the area cleaned of debris and trash and returned to natural conditions. The Applicant may forgo installation of WEF if the duration of work activities is very short (e.g., 3 days or less) and work will occur during the dry season only.

If installation of WEF will result in more ground disturbance than Project activities, then the boundaries, access areas, and sensitive habitats may be staked and flagged by the biological mon- itor prior to disturbance, and species monitoring would occur during all Project activities. 5) The Applicant shall prepare and submit a Relo- cation Plan for the Service’s written approval. The Relocation Plan shall be consistent with the guidelines for the relocation of CTS (Shaffer et. al. 2008). The Relocation Plan shall contain the name(

s) of the Service–approved biologist(

s) to relocate CTS, method of relocation, a map, de- scription of the proposed release site(

s) and bur- row(s), and written permission from the landown- er to use their land as a relocation site. 6) Ground disturbance will be conducted between April 15 and October 15, of any given year, de- pending on the level of rainfall and/or site con- ditions. If work must continue when rain is fore- cast (greater than 40 percent chance of rain), a Service–approved biologist(

s) shall survey the Project site before construction begins each day rain is forecast. If rain exceeds 0.5 inches during a 24–hour period, work shall cease until National Weather Service forecasts no further rain. This restriction is not applicable for areas within 1.3 miles of potential or known CTS breeding sites once the Applicant encircles the site with WEF. 7) Qualified biological monitor(

s) will be on site each day during all earth moving activities. The biological monitor(

s) shall conduct clearance surveys at the beginning of each day and regu- larly throughout the workday when construction

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 854 activities are occurring that may displace, in- jure, or kill CTS through contact with workers, vehicles, and equipment. All aquatic and upland habitat, including refugia habitat such as small woody debris, refuse, burrow entries, etc., shall be duly inspected. Where feasible and only on a case–by–case basis, rodent burrows and oth- er ground openings suspected to contain CTS that would be destroyed from Project activities may be carefully excavated with hand tools.

Pre–soaking the area prior to ground disturbance may also increase emergence of the species for translocation. The Service will consider the im- plementation of specific Project activities without the oversight of an on–site biological monitor on a case–by–case basis. Before the start of work each day, the biological monitor will check for animals under all equipment such as vehicles and stored pipes. The biological monitor will check all exca- vated steep–walled holes or trenches greater than one foot deep for any CTS.

CTS will be removed by the biological monitor and relocated accord- ing to the Relocation Plan. To prevent inadvertent entrapment of animals during construction, all excavated, steep–walled holes or trenches more than 6 inches deep will be covered with plywood (or similar materials) that leave no entry gaps at the close of each working day or provided with one or more escape ramps constructed of earth fill or wooden planks. The Service–approved bi- ologist shall inspect all holes and trenches at the beginning of each workday and before such holes or trenches are filled.

All replacement pipes, cul- verts, or similar structures stored in the Project footprint overnight will be inspected before they are subsequently moved, capped, and/or buried. 8) A Service–approved biologist will be present during all vegetation clearing and grubbing ac- tivities. Grasses and weedy vegetation should be mowed to a height no greater than 6 inches prior to ground–disturbing activities. All cleared vege- tation will be removed from the Project footprint to prevent attracting animals to the Project site.

Prior to vegetation removal, the Service–approved biologist shall thoroughly survey the area for CTS. Once the qualified biologist has thoroughly surveyed the area, clearing and grubbing may continue without further restrictions on equipment; however, the qual- ified biologist shall remain onsite to monitor for CTS until all clearing and grubbing activities are complete. The biological monitor(

s) shall have authority to stop Project activities if they determine any condi- tions of approval are not being fulfilled. If the biolog- ical monitor exercises this authority, the Service shall be notified by telephone and email within 24 hours. MONITORING AND REPORTING MEASURES 1) The biological monitor(

s) shall maintain moni- toring records that include: (1) the beginning and ending time of each day’s monitoring effort; (2) a statement identifying any CTS encountered, including the time and location of the observa- tion; (3) the time the specimen was identified and by whom and its condition; (4) the capture and release locations of each individual; (5) photo- graphs and measurements (snout to vent and total length) of each individual; and (6) a description of any actions taken. The biological monitor(

s) shall maintain complete records in their possession while conducting monitoring activities and shall immediately provide records to the Service upon request. All monitoring records shall be provided to the Service within 30 days of the completion of monitoring work. Although not a condition of the BO, CDFW requests a copy of the monitoring reports as well . The reports should include dates construction occurred . CONCLUSION Pursuant to Fish and Game Code

section 2080.1, take authorization under CESA is not required for the Project for incidental take of CTS, provided the Ap- plicant implements the Project as described in the BO and PBO, including adherence to all measures con- tained therein, and complies with the mitigation mea- sures and other conditions described in the ITS, ac- companying BO, and PBO.

If there are any substantive changes to the Project, including changes to the miti- gation measures, or if the Service amends or replaces the ITS and accompanying BO or PBO, the Applicant shall be required to obtain a new consistency determi- nation or a CESA incidental take permit for the Proj- ect from CDFW . (See generally Fish and Game Code, §§ 2080.1, 2081, subdivisions (

b) and (c)). In making this determination, CDFW acknowledg- es that the BO and PBO address Sonoma sunshine (Blennosperma bakeri ), Burke’s goldfields (Lasthe- nia burkei ), and Sebastopol meadowfoam (Limnan- thes vinculans ), species designated as endangered under ESA and CESA. (See Cal. Code Regs., title 14, § 670.2, subdivisions (a) (2) (B), (a) (2) (M), and (a) (18) (D).). Habitat for these species is known to oc- cur within the Project site. The Applicant recognized that take of Sonoma sunshine, Burke’s goldfields, and Sebastopol meadowfoam is unlikely.

The Applicant mitigated the loss of these species’ habitat by purchas- ing 0.89 acre of Sebastopol meadowfoam habitat cred- its as required by the BO. As described above, the Ap- plicant purchased 0.30 acre of CTS/Sebastopol mead-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 855 owfoam combination credits from Davis Preserve, LLC/Swift/Turner Conservation Bank on January 31, 2025 and 0.59 acre of CTS/Sebastopol meadow- foam combination credits from Margaret West Con- servation Preserve, LLC/Margaret West Conservation Bank on January 31, 2025. Sebastopol meadowfoam credits were determined by the Service to be appli- cable because Sebastopol meadowfoam is the nearest documented natural occurrence of these species.

The Applicant is aware that, for purposes of CESA, take of Sonoma sunshine, Burke’s goldfields, and Sebastopol meadowfoam, as defined by state law is prohibited, except as authorized by the Fish and Game Code and is not authorized by this consistency determination. (See generally Fish and Game Code, §§ 86, 2080.) CDFW’s determination that the Service’s ITS, ac- companying BO, and PBO are consistent with CESA is limited to CTS.

DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION N U M BER 1653–2025–162–001–R1 Project: Upper Noyes Valley Creek Process–Based Restoration — Bringing the Beaver Back Phase 1 Location: Siskiyou County Applicant: Charnna Gilmore, Scott River Watershed Council BACKGROUND Project Location: The Upper Noyes Valley Creek Process–Based Restoration — Bringing the Beaver Back Phase 1 (Project) is located along Noyes Val- ley Creek, tributary to the East Scott River, adject to Cazelle–Callahan Road, in Callahan, California, 96014, at a property owned by the Wildlands Conser- vancy, Assessor Parcel Number (APN) 023–400–200 and 031–210–120, at Latitude: 41.3321353° N and Lon- gitude: 122.7521572° W .

Project Description: The Scott River Watershed Council (Applicant) proposes to enhance or restore habitat within Noyes Valley Creek with the purpose of increasing groundwater recharge, enhancing summer baseflow conditions, improving water quality down- stream, and restoring North American beaver (Castor canadensis) habitat. The Project includes using low–tech, process–based restoration methods, such as beaver dam analogs (BDAs). The Project will include the con- struction of up to 50 structures in strategic locations on Noyes Valley Creek, to maximize groundwater re- charge.

This approach is expected to improve stream- flow and water quality in the Noyes Valley Creek drainage and will support efforts to reintroduce bea- ver into the area. Project construction will follow guidelines out- lined in the Low–Tech Process–Based Restoration of Riverscapes Design Manual and the Beaver Res - toration Guidebook and will utilize low tech and hand construction restoration techniques. All work will be field fit using an adaptive management strategy and will be implemented within annual work windows over the five year permit period.

The restoration tech- niques to be employed will include hand building of instream BDA structures which will mimicking those constructed by beavers. The Project will also enhance natural beaver dams log jams with posts for stability during high flows. The Project will also include ripar- ian planting, cattle exclusionary fencing, invasive spe- cies management, maintenance, and adaptive manage- ment actions.

The materials to be used to construct the BDAs will be natural untreated wood, brush, straw or hay, gravels and sands, and other similar materials that are locally sourced from within the Scott River water- shed. Invasive species will be hand grubbed, pulled, or chopped down, and the material will be either re- moved, mulched, or burned. Project Size: The total area of ground disturbance associated with the Project is approximately 1 acre and 499 linear feet.

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

section 13050, subdivision (e), resulting from the Proj- ect include those associated with the following: fine sediment and small woody material.

Project Timeframes: Start date: June 20, 2025 Completion date: June 20, 2026 Work window: August 31–October 31 Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration in- tended to improve the quality of waters in California and improve beaver habitat, the North Coast Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Cover- age under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Or- der) (Waste Discharge Identification (WDID) Num- ber1A25055WNSI for the Project.

The NOA describes

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 856 the Project and requires the Applicant to comply with terms of the Order. Additionally, the Applicant has provided a supplemental document that sets forth mea- sures to avoid and minimize impacts to native species. Receiving Water: Noyes Valley Creek, tributary to the East Scott River. Filled or Excavated Area : Permanent area impact- ed: none. Temporary area impacted: 1 acre maximum. Length temporarily impacted: 499 linear feet. Length permanently impacted: 0 linear feet.

Discharge Volume: Fine sediment cubic yards (cy) and small woody material (1,710 cy). Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Proj- ect, as described in the Notice of Intent (NOI) com- plies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.). On May 21, 2025, the Director of the California De- partment of Fish and Wildlife (CDFW) received a no- tice from the Applicant requesting a determination pursuant to Fish and Game Code

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

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

section of the California Regulatory Notice Register (Cal. Reg. No- tice File Number Z–2025–0521–01) on June 6, 2025. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

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

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

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

section 401 General Wa- ter Quality Certification for Small Habitat Restoration Projects. AVOIDANCE AND MINIMIZATION MEASURES The avoidance and minimization measures for Proj- ect, as required by Fish and Game Code

section 1653, subdivision (b) (4), were included in an attachment to the NOI, titled ‘Biological Resource Report’ (begin- ning on page 14). MONITORING AND REPORTING As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Moni- toring and Reporting Plan provides a timeline for res- toration, performance standards, and monitoring pa- rameters and protocols. Specific requirements of the plan are found in an attachment to the NOI titled ‘Noy- es Valley NOI Project Description ’ in the

section ti- tled ‘Monitoring Plan and Reporting ’ (beginning on page 10). NOTICE OF COMPLETION Coverage under the State Water Resources Control Board General 401 Water Quality Certification Or- der for Small Habitat Restoration Projects requires the Applicant to submit a Notice of Completion (NOC) no later than 30 days after the project has been complet- ed. A complete NOC includes at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● WDID number indicated above; ● success criteria for the Project.

The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Project description as provided in the Applicant’s NOI. Appli- cant shall include the project name and WDID num- ber with all future inquiries and document submit- tals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall submit the mon- itoring plan, monitoring report, and notice of com- pletion to CDFW as required by the General Order. Applicant shall submit documents electronically to: Stacey.Alexander@wildlife.ca.gov. PROJECT AUTHORIZATION Pursuant to Fish and Game Code

section 1654, CD- FW’s approval of a habitat restoration or enhancement project pursuant to

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

Chapter 6 (com- mencing with

section 1600) and

Chapter 10 (com-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 857 mencing with

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

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

If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW . (See generally Fish and Game Code, § 1654, subdivision (c).) DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2025–163–001–R5 Project: Wheeler Gorge Campground Aquatic Organism Passage and Stream Restoration Project Location: Ventura County Applicant: Kristie Klose, Los Padres National Forest Notifier: Maurico Gomez, South Coast Habitat Restoration BACKGROUND Project Location: The Wheeler Gorge Campground Aquatic Organism Passage and Stream Restoration Project (Project) is located at is located along High- way 33, approximately 4 miles northwest of the city of Ojai, approximate coordinates 34.51183, –119.27402, at a property owned by the Los Padres National For- est, Assessor Parcel Number (APN) 009–0–140–010, and affects North Fork Matilija Creek and Bear Creek (Creeks), tributaries to the Ventura River.

Project Description: Kristie Klose (Applicant) of Los Padres National Forest, represented by Mauri- cio Gomez (Notifier) proposes to enhance and restore habitat within North Fork Matilija Creek and Bear Creek to provide a net conservation benefit for south- ern California steelhead (Oncorhynchus mykiss; steel- head). The Project will remove four low water cross- ings that are fish passage barriers for steelhead and al- low for upstream migration to spawning habitat. Two of the removed crossings will be replaced by full span bridges. The Project area will be revegetated with na- tive plants after implementation.

There are also like- ly benefits to habitat connectivity and riparian cover for Federally– and State–listed least Bell’s vireo (Vir- eo bellii pusillus ), Federally–listed California Red– legged frog (Rana draytonii), and proposed to be Fed- erally–listed southwestern pond turtle (Actinemys pal- lida). Project design was funded through a Fisheries Restoration Grant Program agreement and designed to adhere to the California Salmonid Stream Resto- ration Manual and National Marine Fisheries Service fish passage guidelines.

The Project will remove four low–water crossings (North Fork Matilija Creek Middle Crossing, Bear Creek Lower Crossing, Bear Creek Upper Crossing, and North Fork Matilija Creek Upper Crossing) with- in the Wheeler Gorge campground. The channel will be recontoured to match the profile of the existing stream at each location. Following the removal of the crossings and installation of bridges, the area will be revegetated with native species through seeding and planting. At the two Upper Crossings, full span bridges will replace the existing structures and be at approximate- ly the same alignments.

At Bear Creek Upper Cross- ing, an 80–foot bridge will be installed, and at North Fork Matilija Upper Crossing, an 82–foot bridge will be installed. Boulder clusters and/or Large Woody Structure will be installed downstream of the North Fork Matilija Creek Middle and Bear Creek Upper Crossings to fa- cilitate natural sediment processes within the stream system. Placement is intended to mimic natural ac- cumulation and existing gradation.

Boulder cascades will be constructed as part of a restoration element at the North Fork Matilija Creek Upper Crossing to mimic step–pool morphology in support of upstream steelhead migration. Project Size: The total area of ground disturbance associated with the Project is approximately 1.33 acres and 481 linear feet. The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical ex- emption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333).

Project Associated Discharge : Discharge of ma- terials into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Project include those associated with the following:

(1) Structural Backfill,

(2) Rock Riprap,

(3) Concrete Abutments/Footings/Wingwalls,

(4) Native Vegeta- tion,

(5) Large Woody Material,

(6) Streambed Boul- ders,

(7) Floodplain Boulders,

(8) Erosion Control Ma- terials, and

(9) Temporary Cofferdam. Project Timeframes: Start date: August 2025 Construction Completion date: December 2025 Water Quality Certification Background : The Proj- ect’s primary purpose is habitat restoration intended to improve the quality of waters in California, improve Fish Habitat, remove barriers, restore native vegeta- tion, and replace multiple creek crossings. The Los

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 858 Angeles Regional Water Quality Control Board (Re- gional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resourc- es Control Board General 401 Water Quality Certi- fication Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) Number 4WQC40124093 for the Project. The NOA describes the Project and requires the Applicant to comply with terms of the Order.

Additionally, the Applicant has provided supplemental documents that set forth measures to avoid and minimize impacts to steelhead, least Bell’s vireo, California red–legged frog, and southwestern pond turtle. Receiving Water : North Fork Matilija Creek and Bear Creek, tributaries to the Ventura River. Filled or Excavated Area : Permanent area impact- ed: 0.322 acres. Temporary area impacted: 0.005 acres. Dredge Volume: None.

Discharge Volume : 287 cubic yards (cy) structur- al backfill, 454 cy of rock riprap, 43 cy of concrete bridge abutment/footing/wingwalls, 0.4 acres of na- tive vegetation, 4 cy of large woody material, 988 cy of streambed boulders, 15 cy of floodplain boulders, 2 cy of erosion control material, and 27 cy of temporary cofferdam. Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Proj- ect, as described in the Notice of Intent (NOI) com- plies with the California Environmental Quality Act (Pub.

Resources Code, § 21000 et seq.). On May 27, 2025, the Director of the California De- partment of Fish and Wildlife (CDFW) received a no- tice from the Applicant requesting a determination pursuant to Fish and Game Code

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

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

section of the California Regulatory Notice Register (Cal. Reg. No- tice File Number Z–2025–0528–02) on June 13, 2025. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

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

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

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

Section 401 General Wa- ter Quality Certification for Small Habitat Restoration Projects. AVOIDANCE AND MINIMIZATION MEASURES The avoidance and minimization measures for Proj- ect, as required by Fish and Game Code

section 1653, subdivision (b) (4), were included in an attachment to the NOI, which contains the following categories but is not limited to: (1). Implementation Timing Win- dow,

(2) Pre–Implementation Biological Surveys,

(3) Aquatic Species Relocation Plan,

(4) Environmental Awareness Training,

(5) Erosion Control Plan, and

(6) Qualified Biological Monitoring. The specific avoid- ance and minimization requirements are found in an attachment to the NOI,

(1) United States Forest Ser- vice Biological Assessment for Wheeler Gorge Camp- ground Aquatic Organism Passage and Stream Resto- ration Project (April 2024),

(2) National Marine Fish- eries Service Biological Opinion (Tracking Number: SWR/2012/03836:BMS),

(3) United States Fish and Wildlife Service Biological Opinion (Reference Num- ber 2024 – 0125984 –S7), and

(4) W heeler Gorge Camp- ground Fish Passage Improvement Projects: Final Ba- sis of Design Report (December 2020), prepared by Waterways Consulting, Inc. MONITORING AND REPORTING As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Moni- toring and Reporting Plan provides a timeline for res- toration, performance standards, and monitoring pa- rameters and protocols. Specific requirements of the plan are found in an attachment to the NOI,

(1) Unit- ed States Forest Service Biological Assessment for Wheeler Gorge Campground Aquatic Organism Pas- sage and Stream Restoration Project (April 2024),

(2) National Marine Fisheries Service Biological Opin- ion (Tracking Number: SWR/2012/03836:BMS), and

(3) United States Fish and Wildlife Service Biological Opinion (Reference Number 2024–0125984–S7).

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 859 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 and CDFW project number; and, ● success criteria for the Project.

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

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

section 1654, CD- FW’s approval of a habitat restoration or enhancement project pursuant to

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

Chapter 6 (com- mencing with

section 1600) and

Chapter 10 (com- mencing with

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

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

If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW . (See generally Fish and Game Code, § 1654, subdivision (c).) DEPARTMENT OF PESTICIDE REGULATION GROUNDWATER PROTECTION LIST DPR REGULATION NUMBER 25–002 NOTICE OF EXTENSION OF WRITTEN COMMENT PERIOD The Department of Pesticide Regulation (DPR) pub- lished a Notice of Proposed Regulatory Action con- cerning the groundwater protection list in the Califor- nia Regulatory Notice Register on May 16, 2025, Reg- ister 2025, Number 20–Z, p. 607–610.

DPR is hereby giving notice that it is extending the written comment period on this matter from June 30, 2025, to July 15, 2025. Any interested person may present comments in writing about the proposed action to the agency con- tact person named below. DPR will accept written comments that are submitted via U.S. mail and post- marked no later than July 15, 2025. Comments re- garding this proposed action that are transmitted via SmartComment online public comment portal at <https://cdpr.commentinput.com?id=eSGhWfV8b> or by facsimile at 916–324–1491 must be received no lat- er than July 15, 2025.

AGENCY CONTACT Written comments about the proposed regulatory action; requests for a copy of the Initial Statement of Reasons, and the proposed text of the regulations; and inquiries regarding the rulemaking file may be direct- ed to: Lauren Otani, Regulations Coordinator Department of Pesticide Regulation 1001 I Street, P .O.

Box 4015 Sacramento, California 95812–4015 916– 445–5781 Note: In the event the contact person is unavailable, questions on the substance of the proposed regulatory action may be directed to the following back–up per- son at the same address as noted below: Rick Bergin, Senior Environmental Scientist Environmental Monitoring Branch 916–324–0827 The Notice of Proposed Action, the Initial State- ment of Reasons, and the proposed text of the regula- tions are also available on DPR’s Internet Home Page <http://www.cdpr.ca.gov>.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 860

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

Summary of Regulatory Actions lists regula- tions filed with the Secretary of State on the dates in- dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. State Allocation Board File # 2025–0610–03 Leroy F. Greene School Facsilities Act of 1998; Proposition 2 Provisions This emergency action implements AB 247(Mu- ratsuchi,

Chapter 81, Statutes 2024) by, among other things, adjusting school district bond capacity while remaining eligible for financial hardship assistance, adjusting the time frame for requiring revalidation of a small school district’s new construction enrollment projections, adjusting assistance to schools in military installations, and adopting a new grant agreement form.

Title 02 Amend: 1859.2, 1859.51, 1859.60, 1859.61, 1859.78.8, 1859.79.2, 1859.81 Filed 06/20/2025 Effective 06/20/2025 Agency Contact: Lisa Jones (279) 946–8459 Emergency Medical Services Authority File # 2025–0612–01 Implementation of AB 40, APOT This emergency rulemaking action by the Emer- gency Medical Services Authority (“ Authori- ty”) pursuant to Health and Safety Code

section 1797.120.5(

e) adopts regulations implementing the re- quirements of Assembly Bill 40 (Stats. 2023, c. 793) (“ AB 40”), including

definitions, an electronic sig- nature system to document ambulance patient off- load times (“ APOT”), APOT statewide standards, audit tool methodology to improve the data accu- racy of transfer of care with validation from hospi- tals and local emergency medical services agencies (“LEMSA(s)”), and a technical assistance program and funding support for small rural hospitals and vol- unteer emergency medical services providers to assist in the carrying out these regulations.

Title 22 Adopt: 100001.01, 100002.01, 100002.02, 100002.03, 100002.04, 100002.05, 100002.06, 100002.07, 100002.08, 100002.09, 100002.10, 100002.11, 100002.12, 100002.13, 100002.14, 100002.15, 100002.16, 100002.17, 100002.18, 100002.19, 100003.01, 100004.01, 100005.01, 100006.01, 100007.01, 100007.02, 100007.03, 100007.04, 100007.05 Filed 06/23/2025 Effective 06/23/2025 Agency Contact: Craig Branson (916) 537–6866 Fair Political Practices Commission File # 2025–0520–04 FPPC Electronic Filing of Statement of Economic Interests This action by the Fair Political Practices Commis- sion (FPPC) amends regulations related to electronic filing of statement of economic interests.

The amend- ments re–letter provisions to reflect changes made in a prior action. Title 02 Amend: 18313.6, 18756 Filed 06/18/2025 Effective 07/18/2025 Agency Contact: Amanda Apostol (916) 322–5660 Department of Social Services File # 2025–0516–08 Repeal of Title 22, Division 2,

Chapter 3, Subchapter 9, Articles 2 and 3 Through this change without regulatory effect, the Department of Social Services repeals title 22 of the California Code of Regulations sections 35401, 35403, 35405, 35407, and 35409 governing private/indepen- dent adoptions of children across state lines.

Title 22 Repeal: 35401, 35403, 35405, 35407, 35409 Filed 06/18/2025 Agency Contact: Everardo Vaca (916) 657–2363 Board of Pharmacy File # 2025–0507–02 Compounded Drug Preparations This rulemaking action by the Board of Pharma- cy (“Board”) repeals and adopts regulations specific to the compounding of nonsterile, sterile, hazardous, and radiopharmaceutical drug products to improve the regulation and enforcement of facilities, pharma- cist, and personnel engaged in the activity by align- ing the regulations with standards set forth in the current version of the United States Pharmacopeia– National Formulary (“USP”), including relevant test-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 861 ing and quality assurances, and imposing additional standards above the minimum national standards set by USP .

Title 16 Adopt: 1735, 1735.1, 1735.2, 1735.3, 1735.4, 1735.5,1735.6, 1735.7, 1735.8, 1735.9, 1735.10, 1735.11, 1735.12, 1735.13, 1735.14, 1735.15, 1736, 1736.1, 1736.2, 1736.3, 1736.4, 1736.5, 1736.6, 1736.7, 1736.8, 1736.9, 1736.10, 1736.11, 1736.12, 1736.13, 1736.14, 1736.15, 1736.16, 1736.17, 1736.18, 1736.19, 1736.20, 1736.21, 1737, 1737.1, 1737.2, 1737.3, 1737.4, 1737.5, 1737.6, 1737.7, 1737.8, 1737.9, 1737.10, 1737.11, 1737.12, 1737.13, 1737.14, 1737.15, 1737.16,1737.17, 1738, 1738.1, 1738.2, 1738.3, 1738.4, 1738.5, 1738.6, 1738.7, 1738.8, 1738.9, 1738.10, 1738.11, 1738.12, 1738.13, 1738.14 Repeal: 1708.3, 1708.4, 1708.5, 1735, 1735.1, 1735.2, 1735.3, 1735.4, 1735.5, 1735.6, 1735.7, 1735.8, 1751, 1751.1, 1751.2, 1751.3, 1751.4, 1751.5, 1751.6, 1751.7, 1751.8, 1751.9,1751.10 Filed 06/19/2025 Effective 10/01/2025 Agency Contact: Lori Martinez (916) 244–6648 California Energy Commission File # 2025–0506–01 Amend the Power Source Disclosure Program This action amends the Power Source Disclosure program requirements to, among other things, imple- ment hourly accounting and disclosure requirements pursuant to AB 242 and SB 1158, update account- ing methods, expand related disclosure requirements, clarify existing reporting standards, and reorganize CCR sections.

Title 20 Amend: 1391, 1392 (renumbered 1391.1 and amended), 1393 (renumbered 1392 and amended), 1394 (renumbered 1393 and amended), 1394.1 (re- numbered 1393.1 and amended), 1394.2 (renum- bered 1394 and amended) Filed 06/18/2025 Effective 06/18/2025 Agency Contact: Jordan Scavo (916) 654–5158 Department of Consumer Affairs File # 2025–0506–02 Firm Responsibilities and Attest Engagement Notification Through this regulatory action, the California Board of Accountancy seeks to amend title 16, of the California Code of Regulations, sections 41 and 50.1, to add additional requirements for licensed accoun- tants to follow in circumstances where an accounting firm is providing attest services when the ownership of that firm is comprised solely of licensees who have not completed the attest experience requirement, and therefore, none of the owners are authorized to sign re- ports on attest engagements.

Title 16 Amend: 41, 50.1 Filed 06/18/2025 Effective 10/01/2025 Agency Contact: Diana Godines (279) 226–4599 Department of Corrections and Rehabilitation File # 2025–0507–01 Allowable Property and Passive Alert Canine Search This action by the Department of Corrections and Rehabilitation (CDCR) amends allowable property regulations to (1) specify personal items for CDCR employees and others, as specified, are authorized to bring into the secure perimeter of an institution, (2) establish the process by which CDCR employees may register their personal cellular phone or wearable tech- nology to bring into an institution, if authorized, and (3) adopt CDCR Form 2056 (08/24), “Personal Wire- less Communication Device Registration and Autho- rization Form,” which is incorporated by reference.

Title 15 Amend: 3000, 3410.1, 3410.2 Filed 06/19/2025 Effective 10/01/2025 Agency Contact: Alison Colavita (279) 223–2314 Office of Environmental Health Hazard Assessment File # 2025–0506–03 Titanium dioxide (airborne) unbound particles of re- spirable size) NSRL In this regular rulemaking action, the Office of En- vironmental Health Hazard Assessment adopts a “No Significant Risk Level” (NSRL) for the listed chemi- cal “titanium dioxide (airborne, unbound particles of respirable size).” Title 27 Amend: 25705 Filed 06/18/2025 Effective 10/01/2025 Agency Contact: Esther Barajas–Ochoa (916) 322–2068 State Personnel Board File # 2025–0516–09 Appeals’ Assignments Through this regulatory action, the State Personnel Board amends title 2, California Code of Regulations sections 53.1 and 53.2 regarding whether an appeal or complaint is assigned to informal hearing process

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 27–Z 862 or to investigative review process and investigatory hearings. Title 02 Amend: 53.1, 53.2 Filed 06/25/2025 Effective 10/01/2025 Agency Contact: Michelle La Grandeur (916) 651–2740 California Horse Racing Board File # 2025–0509–02 Confidentiality of Information In this action, the California Horse Racing Board amends the information designated as confidential to be consistent with the Information Practices Act.

Title 04 Amend: 1497, 1548 Filed 06/23/2025 Effective 10/01/2025 Agency Contact: Rick Pimentel (916) 263–6000 Department of Alcoholic Beverage Control File # 2025–0512–03 License Application Protest Procedures In this regular rulemaking, the Department of Alco- holic Beverage Control (the “Department”) is adopt- ing regulations outlining the process to protest an ap- plication for or issuance of a license authorized to be issued by the Department pursuant to Division 9 of the Business and Professions Code.

Title 04 Adopt: 146, 146.1, 146.2, 146.3, 146.4 Filed 06/23/2025 Effective 10/01/2025 Agency Contact: Robert de Ruyter (916) 419–8958 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quar- ter. For additional information on actions taken by OAL, please visit oal.ca.gov.

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2025, No. 27
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	bd2e119e7b93ddffc1b21907ca2c550a89c00b4e

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