Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 21–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 24, 2024 PROPOSED ACTION ON REGULATIONS TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Melon Fruit Fly — Notice File Number Z2024–0514–01 ................................................. 675 TITLE 10.

DEPARTMENT OF INSURANCE Mental Health and Substance Use Disorder Parity in Health Insurance— Notice File Number Z2024–0514–02 ................................................................................. 678 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2024–135–001–R1, Five Springs and Deep Creek Project, Lassen County ............................................................................ 684 DEPARTMENT OF FISH AND WILDLIFE CESA Consistency Determination Request for Biggs–West Gridley Water District Infrastructure Modernization and Canal Operations Decision Support Project 2080–2024–009–02 Butte County ............... 686 PETITION DECISION DEPARTMENT OF FINANCIAL PROTECTION AND INNOV ATION Regarding Petition from Keith Bishop Concerning Updating References to the Agency Name and Renumbering of Statute ........................................................................... 686

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 687 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 675 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

SECTION 3591.15 MELON FRUIT FLY ERADICATION AREA The California Department of Food and Agriculture (Department) proposes to amend the host list in Title 3 of the California Code of Regulations (CCR)

Section 3591.15 Melon Fruit Fly Eradication Area, which pro- vides authority to the Department to allow effective eradication and quarantine activities to prevent Mel - on Fruit Fly ( Bactrocera cucurbitae) from spreading throughout California. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulations to the Department. Com - ments may be submitted by USPS, FAX or email. The written comment period closes on July 8, 2024. The Department will consider only comments received at the Department offices by that date or postmarked no later than July 8, 2024.

Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture 1220 N Street Sacramento, CA 95814 Permits@cdfa.ca.gov (916) 403–6650 (916) 651–2900 (FAX) Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Dean Kelch at (916) 261– 9252 or dean.kelch@cdfa.ca.gov, FAX number (916) 651–2900. Unless there are substantial changes to the proposed regulations prior to adoption, the Department may adopt the proposal as set forth in this notice without further notice to the public.

Following the public hear- ing, if one is requested, or following the written com - ment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth without further notice. AUTHORITY The Department proposes to amend

Section 3591.15 pursuant to the authority vested by Sections 407, 5322, and 5761 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5762 and 5763 of the Food and Agricultural Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of amending

Section 3591.15 Melon Fruit Fly Eradication Area is to revise and up - date the known host list for Melon Fruit Fly (MFF) to coincide with the official MFF host list promulgated in September, 2016 by the United Stated Department of Agriculture (USDA), Animal and Plant Health Inspec- tion Service (APHIS). EXISTING LAWS AND REGULATIONS Existing law, FAC

Section 401.5, states that the de- partment shall seek to protect the general welfare and economy of the state and seek to maintain the eco - nomic well–being of agriculturally dependent rural communities in this state. Existing law, FAC

Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code that the Secretary is directed or authorized to admin - ister or enforce. Existing law, FAC

Section 5322, provides that the Secretary may establish, maintain, and enforce quar - antine, eradication, and such other regulations as are in their opinion necessary to circumscribe and exter - minate or prevent the spread of any pest that is de - scribed in FAC

Section 5321. Existing law, FAC

Section 5761, provides that the Secretary may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 676 the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest. Existing law, FAC

Section 5762, provides that the Secretary may proclaim any pest with respect to which an eradication area has been proclaimed, and any stag- es of the pest, its hosts and carriers, and any premises, plants, and things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. Existing law, FAC

Section 5763, provides that the Secretary, or the commissioner acting under the su - pervision and direction of the director, in a

summary manner, may disinfect or take such other action, in - cluding removal or destruction, with reference to any such public nuisance, which he thinks is necessary. Expenditures, if any, allocated for the replacement nursery stock shall not exceed an amount which is budgeted for the purpose or approved by the Director of Finance. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT The amendment of the host list will allow the De - partment to have the authority to eradicate a serious insect pest, which is a mandated, statutory goal.

This regulation is necessary to prevent the spread of MFF to un–infested areas of the state. The regulation benefits industries (nursery, fruit for domestic use and exports, packing facilities), the environment (urban landscapes), and the overall California economy by preventing the spread of MFF. The amendment of this regulation benefits the citrus and tomato (nursery, fruit for domestic use and ex - ports, packing facilities) industries, and the environ - ment (urban landscapes) by providing the Department an accurate host list to prevent the artificial spread of the MFF over short and long distances.

The California, national and international consum - ers of California citrus and tomatoes benefit by hav - ing high quality produce available at lower cost. It is assumed that any increases in production costs will ultimately be passed on the consumer. The amendment of this regulation benefits home - owners who grow their own host fruits for consump - tion and host material which is planted as ornamentals in various rural and urban landscapes.

By working with an up–to–date host list the Depart- ment is more likely to prevent infestation with MFF and thereby preventing damage to hosts, the regula - tion eliminates any future need for hosts to be treated to mitigate infestations of MFF. There is no existing, comparable federal regulation or statute regulating the intrastate movement of MFF. There are no known specific benefits to worker safe- ty or the health of California residents.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg - ulations addressing MFF, and it found that these are the proposed amendments are the only regulations dealing with this subject, and the Department is the only state agency which can designate these eradica - tion areas for plant pests. As required by Government Code

Section 11346.5(a) (3) (D), the Department has conducted an evaluation of

Section 3591.15 and has determined that it is not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: Compliance ac- tivities are currently being performed by existing state staff throughout quarantine areas within the state. The Department is currently monitoring for pests, and thus there is no change to the cost due to these regulations. The Department has determined that no savings or increased costs to any state agency and no costs or savings in federal funding to the state will result from the amendment of

Section 3591.15. The amendment of this regulation would have no fiscal impact on the Department. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscretionary costs or savings to local agencies or school districts. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the State: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 677 Cost impacts on a representative private person or business: The amendment of

Section 3591.15. will pro- vide authority for the Department to conduct eradica - tion and quarantine activities against MFF and there are no known private sector cost impacts. The agency is not aware of any cost impacts that a representative person or business would necessarily incur in reason - able compliance with the proposed action. Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential.

The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None. Significance Adverse Impact on Business: The amendment is designed to minimize the spread of MFF in California through regulation of host material. Detection activities are currently being performed by existing CDFA staff throughout the state by trapping and identifying pests. No businesses are currently ad - versely affected by these activities.

Therefore, the De- partment has determined that this regulatory proposal will not have any significant adverse impacts on busi- nesses currently doing business in California. Small business determination: The proposed action will not affect small business because compliance activities are currently being performed by existing state staff throughout quarantine areas within the state without any impact on small business. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The amendment of

Section 3591.15 is designed to prevent or minimize the spread of MFF. The Depart - ment has made an assessment that the amendment to this regulation would: (1) not create or eliminate jobs within California, (2) not create new business or eliminate existing businesses within California, (3) not affect the expansion of businesses currently doing business within California, (4) is expected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environment, and (6) not expected to benefit workers’ safety.

Health and welfare: The proposed action will benefit the health and welfare of California residents by mak- ing is more likely that MFF would be detected before an infestation can happen, and, if there is an infesta - tion, the Department can react quickly and effectively. Speed of response is key to eradicating an incipient pest infestation. Programmatic delays potentially can lead to pest quarantines, as well as increased produc - tion costs and potential job loss.

The state’s environment: The proposed action will benefit the state’s environment by increasing the chance that MFF would be detected before an in - festation can happen. If the Department neglects to regulate the types of hosts, this pest could spread into the local environment via the surrounding non– agricultural ecosystems. This could adversely impact private and commercial landscape plantings, local, regional, state and national parks, other recreational sites, open habitats, and wild lands. Affected plants could become less vigorous and may produce fewer seeds.

Plants/trees with low propagule output can re - sult in major changes to plant community structure. CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

The Department invites interested persons to pres - ent alternatives during the written comment period. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail - able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html).

A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request. The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 678 the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 10. DEPARTMENT OF INSURANCE MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY IN HEALTH INSURANCE REG–2021–00008 Notice is given that California Insurance Commis - sioner Ricardo Lara proposes to repeal, revise, and adopt sections in

Article 15.2 (commencing with sec - tion 2562.1) of Subchapter 3 of

Chapter 5 of Title 10 of the California Code of Regulations, pursuant to the authority granted by Insurance Code sections 10144.4, 10144.5, 10144.51, 10144.52, 10144.53, and 10144.57. The date and time for the public hearing, as well as ap- plicable contact information, are set forth in this No - tice of Proposed Action and Notice of Public Hearing.

PUBLIC HEARING Public Hearing Date and Virtual Attendance The Commissioner will hold a public hearing to pro- vide all interested persons an opportunity to present statements or arguments, either orally or in writing, with respect to these regulations, as follows: Date: July 10, 2024 Time: 10:00 a.m. The virtual workshop shall con - tinue until all in attendance wishing to provide com - ments have commented, or 1:00 p.m., whichever is earlier. Location: Link to Register for the Web–based Virtual Format: https://us06web.zoom.us/webinar/ register/WN_xwhLLe3LRQ–v4st4UBmTUA#/ registration.

ACCESS TO PUBLIC HEARING To increase public participation and improve the quality of regulations, interested parties are invited to attend the virtual meeting and offer comment, if they so choose. Please note that under the California Public Records Act (Government Code

section 6250, et seq.), your written and oral comments, and associated contact information (e.g., your address, phone number, email, etc.) become part of the public record and may be re - leased to the public upon request. The telephonic call– in line that is available to access the public hearing is accessible to persons with hearing impairment. Per - sons with sight or hearing impairments are requested to notify CDIRegulations@insurance.ca.gov t o r e- view available accommodations, if necessary.

PRESENTATION OF WRITTEN COMMENTS; CONTACT PERSONS All persons are invited to submit written comments on the proposed regulations during the public com - ment period. The last day of the public comment peri- od will be July 10, 2024. Please direct all written com- ments to the following contact person: Sarah Sullivan, Attorney III Health Equity and Access Office 300 Capitol Mall, Suite 1700 Sacramento, CA 95814 Phone: (916) 492–3645 Email: CDIRegulations@insurance.ca.gov Inquiries regarding the proposed action should be addressed to the above contact person.

If she is un - available, inquiries may be addressed to the following backup contact person: Stesha Hodges, Assistant Chief Counsel Health Equity and Access Office 300 Capitol Mall, Suite 1700 Sacramento, CA 95814 Phone: (916) 492–3544 Email: Stesha.Hodges@insurance.ca.gov Please note that under the California Public Records Act (Government Code

Section 7920.530, et seq.), your written and oral comments, and associated con - tact information (e.g., your address, phone number, email, etc.) become part of the public record and can be released to the public upon request. DEADLINE FOR WRITTEN COMMENTS All written materials must be received by the Insur- ance Commissioner, addressed to the contact person at the address listed above, by the end of July 10, 2024.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 679 Any written materials received after that time may not be considered. COMMENTS TRANSMITTED BY EMAIL The Commissioner will accept written comments transmitted by email, provided they are sent to the following email address: CDIRegulations@insurance. ca.gov. Comments sent to email addresses other than those designated in this notice will not be accepted. Comments sent by email are subject to the deadline set forth above for written comments.

AUTHORITY AND REFERENCE The proposed regulations will implement, inter - pret, and make specific the provisions of Insurance Code sections 10144.4, 10144.5, 10144.51, 10144.52, 10144.53, and 10144.57, which also provide the rulemaking authority for this action. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Law Insurance Code

section 10144.4 requires health in - surance policies to provide all covered mental health and substance use disorder benefits in compliance with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addition Equity Act of 2008 (MHPAEA). Insurance Code

section 10144.5(

a) requires health insurers to cover health care benefits for preventing, diagnosing, and treating mental health and substance use disorder (MHSUD) conditions as medically nec - essary, in accordance with current generally accepted standards of mental health and substance use disorder care. Insurance Code

section 10144.5(

b) requires in - surers to cover basic health care services for MHSUD conditions. Pursuant to

section 10144.5(d), health insurers must arrange for out–of–network coverage when in– network MHSUD care or follow–up care cannot be provided in the network within statutory and regulato- ry standards for geographic and timely access. Timely access standards are found in Insurance Code sec - tion 10133.54(b) (5). Geographic access standards are found in subdivision (

c) of

section 2240.1 of Title 10 of the California Code of Regulations. Under Insurance Code

section 10144.51, health in - surers must provide coverage for behavioral health treatment for pervasive development disorders or autism. Insurance Code

section 10144.52(

a) mandates that health insurers base any medical necessity determina - tions or utilization review criteria for MHSUD benefits on current generally accepted standards of care. Insur- ance Code

section 10144.52(

b) requires insurers to ap- ply the most recent criteria and guidelines set forth in treatment criteria developed by the nonprofit profes - sional association for the relevant clinical specialty in utilization review. Pursuant to Insurance Code

section 10144.52(e) (1)–(3), insurers are required to sponsor a formal education program to train their staff on the proper application of implementation of the nonprofit professional association clinical criteria for utilization review of MHSUD benefits, and make this training available at no cost to stakeholders, insureds, their representatives and other interested parties. Insurance Code

section 10144.53 requires health insurers to cover medically necessary treatment of MHSUD conditions when that treatment is delivered at schoolsites as defined in Insurance Code

section 10144.53(b) (6). Insurance Code

section 10144.57 requires health in- surers subject to

section 10144.5 to cover behavioral health crisis services provided by a 988 center, mobile crisis team or other provider of behavioral health crisis services, regardless of the network status of the pro - vider.

Section 10144.57 prohibits utilization manage - ment for behavioral health crisis stabilization services and sets forth detailed requirements for coverage of both behavioral health crisis stabilization services and post–stabilization care. Insurance Code

section 10123.135(

e) provides that only “a licensed physician or a licensed health care professional who is competent to evaluate the specific clinical issues involved in the health care services re - quested by the provider” may make an adverse benefit determination.

Section 10123.135(h) (2) provides that when an insured’s condition is urgent, decisions to approve, modify, or deny requests by providers pri - or to, or concurrent with, the provision of health care services shall be made in a timely fashion, appropri - ate for the nature of the insured’s condition, but not to exceed 72 hours or, if shorter, the period of time re - quired under

Section 2719 of the federal Public Health Service Act (42 U.S.C.

Sec. 300gg–19) and any subse- quent rules or regulations issued thereunder.

Section 10123.135(h) (4) includes the required contents of an adverse benefit determination notice. Effect of Proposed Action The proposed regulations will implement, inter - pret, and make two laws, SB 855 (Weiner, Stats. 2020,

chapter 151) and AB 988 (Bauer–Kahan, Stats. 2022, ch, 747), specific, by setting forth requirements for MHSUD benefits coverage, including basic health care services and behavioral health crisis services. The proposed regulations will also establish require - ments for health insurer utilization review of MHSUD benefits, as well as set forth requirements for the pro -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 680 vision of utilization review criteria and the training of utilization review staff. Additionally, the proposed regulations will clarify the required qualifications for MHSUD utilization reviewers to ensure that these re - viewers have the proper training and experience in the field of behavioral health care that is under review.

Furthermore, the proposed regulations will estab - lish limited standards for constituting MHSUD net - works, require health insurers to arrange for out–of– network care when medically necessary care is un - available from a network provider within standards for geographic and timely access to benefits, and clarify the required contents of adverse benefit determination notices.

Finally, the proposed rules will specify the required disclosures that must appear in health insur - ance policies for compliance with SB 855 and AB 988, as well as establish how the commissioner intends to enforce SB 855 and AB 988 consistent with the Insur- ance Code and the Administrative Procedure Act. Comparable Federal Law After evaluation of current federal regulations and statutes, the Department has determined that there are no existing comparable federal regulations or statutes.

However, the proposed regulations implement and in- terpret federal MHPAEA as set forth in that law, in conjunction with state law. Policy Statement Overview Broad Objectives The primary objective of the proposed adoption is to implement SB 855 and AB 988 in regulation. As such, these proposed regulations will clarify and set forth requirements for MHSUD benefits coverage and health insurer utilization review of MHSUD benefits, including in the context of MHPAEA.

An important objective of these regulations is to require insurers to apply specific nonprofit professional association clini- cal instruments in utilization review involving level of care placement of insureds with MHSUD conditions. The required clinical instruments are codified in pro - posed

Section 2562.3(a). Another important objective is to implement sec - tion 10144.5(d), requiring insurers to arrange for out– of–network coverage in the event of a network defi - ciency. Proposed

section 2562.06 clarifies the pro - cess through which insurers must arrange for out–of– network MHSUD care, further providing that failure to arrange out–of–network coverage permits an in - sured to obtain care from any out–of–network provid- er of their choice, subject to in–network cost sharing. Finally, another purpose of these regulations is to implement the authority that SB 855 provided to the Commissioner to enforce MHSUD law.

To enforce SB 855 consistent with the Administrative Procedure Act’s administrative adjudication requirements, it is necessary to specify in regulation certain aspects of how the Commissioner intends to enforce the law.

Benefits Anticipated The anticipated benefits of the proposed regulations are as follows: ● Clarifying the scope of the statutory coverage mandate for mental health and substance use disorder benefits, including basic health are ser - vices, intermediate services, behavioral health crisis services, outpatient prescription drugs, to facilitate health insurer compliance. ● Clarifying the current, generally accepted stan - dards of MHSUD care that are statutorily ap - plicable to utilization management of MHSUD benefits, including “level of care” coverage de - terminations placing patients in the continu - um of MHSUD care, to facilitate health insurer compliance. ● Ensuring that the most recent, generally accept - ed standards of MHSUD care are used in utiliza - tion review of MHSUD benefits by minimizing lag time, variation, or insurer error in implement- ing and incorporating evidence–based nonprofit professional association clinical criteria in utili - zation review. ● Clarifying the obligation of health insurers to ar - range and pay for out–of–network MHSUD care when clinically appropriate care is unavailable from a network provider or facility within appli - cable geographic or timely access standards. ● Clarifying requirements for insurer–sponsored formal education programs on utilization review criteria, as well as the provision of education pro- gram materials and utilization review criteria. ● Clarifying the treatment of urgent care, as well as content and language assistance requirements applicable to notices of adverse benefit determi - nations under Insurance Code

section 10123.135 and Senate Bill 855. ● Clarifying that for substance abuse disorder ben - efits, a health care provider who is competent to evaluate the specific clinical issues involved in the benefits under review and make an adverse ben - efit determination means an actively practicing board–certified addiction specialist physician. ● Ensuring that coverage for behavioral health crisis services pursuant to Assembly Bill 988 (Bauer–Kahan, Stats. 2022,

chapter 747), includ- ing mobile crisis teams and crisis receiving and stabilization services, is integrated with coverage requirements under Senate Bill 855. ● Clarifying how Insurance Code

section 10144.4, through which the federal MHPAEA is incorpo - rated into the Insurance Code, regulates health

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 681 insurer utilization review practices, and interacts with Senate Bill 855 and Insurance Code

section 10144.51 on behavioral health treatment. ● Easing and enhancing consumer access to med - ically necessary and clinically appropriate MHSUD care by incentivizing health insurers to proactively comply with benefits coverage, pro - vider and facility network, utilization review, transparency, and parity and nondiscrimination requirements. ● Clarifying administrative enforcement mecha - nisms and considerations for assessing penalty amounts, deterring noncompliance and facilitat - ing effective enforcement of mental health and substance use disorder coverage requirements under SB 855 and AB 988.

Consistency or Compatibility with Existing State Regulations After conducting an evaluation of applicable law, the Department has found that the proposed regula - tions are not inconsistent or incompatible with any other existing state regulations. NOT MANDATED BY FEDERAL LAW OR REGULATIONS These regulations are not mandated by federal law. There are no comparable federal regulations. Howev - er, the proposed regulations include provisions that implement and interpret federal MHPAEA in con - junction with state law.

OTHER STATUTORY REQUIREMENTS The Department evaluated whether there were other requirements prescribed by statute applicable to these regulations by reviewing relevant statutes, and deter - mined that there were no such specific requirements. LOCAL MANDATE The proposed regulations do not impose any man - dates on local agencies or school districts.

FISCAL IMPACT Fiscal Impact on Other State and Local Government Agencies There are no costs or savings to any other State agen- cies; however, the Department is expected to incur a fiscal impact, as discussed immediately below under “Fiscal Impact on the Department.” There is no cost to any local agency or school district for which

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code would require reimbursement. There are no other nondiscretionary costs or savings to local agencies, nor do the regulations impose a cost or savings in federal funding to the state. Fiscal Impact on the Department The proposed regulations are anticipated to have a fiscal impact on the Department due to increased en - forcement actions resulting from proposed

Section 2562.12. The Department expects that the proposed regulations will, on average, result in one additional enforcement action annually. To estimate the expected annual fiscal impact, the Department analyzed two dif- ferent scenarios. In the first scenario, the Department would settle the enforcement action without a hearing, resulting in an estimated fiscal cost to the Department of $28,000 calculated using the average attorney time typically needed to work on a similar enforcement ac- tion.

In the second scenario, the enforcement action is not initially settled, which requires a hearing to take place, which results in an estimated fiscal cost of $65,000. This cost includes both additional attorney time as well as an administrative law judge to preside over the hearing. The Department estimates that one enforcement action every four years will proceed to a hearing. The enforcement actions are weighted ac - cordingly and the Department estimates that the aver - age cost of bringing one additional enforcement action a year is, on average, $37,300 ($28,000 x .75 + $65,000 x .25).

The Department may recoup attorney’s fees when an enforcement is settled before going to hear - ing, but that outcome is not guaranteed. HOUSING COSTS The proposed regulations are not anticipated to im - pact housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE The Department has made an initial determination that the adoption of the proposed regulations may have a significant, statewide adverse economic impact di - rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states. The businesses that will be affected by the pro- posed regulations are disability insurers that provide health insurance and are regulated by the Department.

In this rulemaking, disability insurers that provide health insurance are referred to as health insurers. Under the proposed regulations, health insurers would be required to compile information and keep records establishing that their gap–filling clinical pol - icies for utilization review, for which nonprofit clinical criteria do not exist, are based on current, generally

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 682 accepted standards of MHSUD care, as required by SB 855. The proposed regulations clarify the profession - al qualifications of providers that conduct utilization review of MHSUD benefits and issue adverse benefit determinations on behalf of health insurers, including specifically for substance use disorder benefits.

Additionally, health insurers would be required to cover benefits for gender dysphoria that are recom - mended by, and conduct utilization review consistent with, the World Professional Association of Trans - gender Health’s (WPATH) Standards of Care for the Health of Transgender and Gender Diverse Peo - ple. Health insurers’ utilization review staff must be trained by WPATH in the proper application of the Standards of Care. Further, the regulation prescribes a process for arranging out–of–network coverage under Insur - ance Code

section 10144.5(d), and specifies how in– network cost sharing for arranged out–of–network benefits must be calculated. The Department has considered proposed alterna - tives that would lessen any adverse economic impact on business and invites interested parties to submit proposals.

Submissions may include the following considerations: ● The establishment of differing compliance or re - porting requirements or timetables that take into account the resources available to businesses. ● Consolidation or simplification of compliance and reporting requirements for businesses. ● The use of performance standards rather than prescriptive standards. ● Exemption or partial exemption from the regula - tory requirements for businesses.

STATEMENT OF RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Department is required to assess any impact the proposed adoption may have on the following: the creation or elimination of jobs within the State of California (Government Code § 11346.3(b) (1) (A)); the creation of new business or the elimination of exist - ing businesses within the State of California (Govern- ment Code § 11346.3(b) (1) (B); and the expansion of businesses currently doing business within the State of California (Government Code § 11246.3(b) (1) (C)). Below is a

summary of the results of the Econom - ic Impact Assessment pursuant to Government Code §§ 11346.3(b) (1) (

A) through (D). A detailed analysis is as follows. A. The proposed regulations are estimated to have a minimal effect, a gain of 3.6 jobs within the State of California. The net impact of the regula - tions on employment is expected to be less than one–hundred–thousandth of a percent of the pro - jected total nonfarm employment in California (3.9/18,087,000 = 0.0002%). B. The proposed regulations are estimated to have a minimal effect, a loss of 7.5 jobs within the State of California.

The net impact of the regula - tions on employment is expected to be less than one–hundred–thousandth of a percent of the pro - jected total nonfarm employment in California (3.9/18,087,000=0.0002%). C. Given that the estimated initial direct benefit to one business that provides health insurers utili - zation review staff training is $163,400, it is not anticipated that the proposed regulations will result in the expansion of existing business in California. D.

Given that the average initial direct cost to the impacted health insurers regulated by the Depart- ment is estimated to be $116,300 ($1,046,500/9 companies), it is not anticipated that the proposed regulations will result in the elimination of exist - ing businesses in California. E. Given the estimated net loss to total output is $1.6 million, the proposed regulations are not antici - pated to impact the ability of businesses in Cali - fornia to expand. F.

By adding utilization review staff qualification and training requirements and increasing De - partment enforcement actions, adoption of the proposed regulations is expected to protect the health and welfare of Californians by increas - ing the number of MHSUD services provided by health insurance companies. Health and Welfare Effects, the Impact on Worker Safety and Environmental Effects The Department also assessed whether, and to what extent, the proposed regulations might affect the other criteria set forth in Government Code sections 11346.3(b) (1) (D).

Worker Safety and Environmental Effects Compliance with the proposed regulations does not change the job responsibilities of employees in the affected industries in a way that would impact their safety. Thus, the proposed regulations will neither in - crease nor decrease worker safety. The Department also concludes that there will be no measurable effect on the state’s environment.

Health and Welfare Effects By adding insurer utilization review staff qualifi - cation and training requirements and increasing De - partment enforcement actions, adoption of the pro - posed regulations is expected to protect the health and welfare of Californians by increasing the number

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 683 of MHSUD services provided by health insurance companies. POTENTIAL COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESSES The initial average direct cost to an impacted health insurer is estimated to be $116,300 ($1,046,500/9 health insurers). There are no other cost impacts known to the Department that a representative private person or business would necessarily incur in reason - able compliance with the proposed action.

BUSINESS REPORT The Department finds that it is necessary for the health, safety, or welfare of the people of the state that the regulations apply to businesses. IMPACT ON SMALL BUSINESSES The proposed regulations are not expected to have an adverse impact on small businesses. The regula - tions are only expected to impact insurance compa - nies, and the definition of “small business” in Califor- nia Government Code

section 11342.610(b) (2) specifi- cally excludes insurance companies. ALTERNATIVES INFORMATION The Department must determine that no reasonable alternative considered by the Department, or that has otherwise been identified and brought to the attention of the Department, would be more effective in carry - ing out the purpose for which this action is proposed; would be as effective and less burdensome to affect - ed private persons than the proposed action; or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

AVAILABILITY STATEMENTS The Department has prepared an Initial Statement of Reasons that sets forth the reasons for the proposed action. Upon request, the Initial Statement of Reasons will be made available for inspection and copying. Requests for the Initial Statement of Reasons or ques- tions regarding this proceeding should be directed to the contact person listed above. Upon request, the Fi - nal Statement of Reasons will be made available for inspection and copying once it has been prepared. Re- quests for the Final Statement of Reasons should be directed to the contact person listed above.

The file for this proceeding, which includes a copy of the express terms of the proposed action, the Initial Statement of Reasons, the Economic Impact Assess - ment, and all the information upon which the proposed action is based, and any supplemental information, in- cluding any reports, documentation and other materi - als related to the proposed action that are contained in the rulemaking file, is available by appointment for in- spection and copying at 300 Capitol Mall, 16th Floor, Sacramento, California, 95814 between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday.

If the amended regulations adopted by the Depart - ment differ from those which have originally been made available but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Interested persons should request a copy of these amended regu- lations prior to adoption from the contact person listed above.

AUTOMATIC MAILING A copy of this Notice, including the Informative Di- gest, which contains the general substance of the pro - posed adoption, will be sent to all persons who have previously filed a request with the Department to re - ceive notice of proposed rulemakings. FINAL STATEMENT OF REASONS Upon request, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared pursuant to Government Code

section 11346.9(a). Requests for the Final Statement of Reasons should be directed to the contact person listed above. INTERNET ACCESS Documents concerning proposed regulations are available on the Department’s website at the following link: https://legaldocs.insurance.ca.gov/publicdocs/ RegulationList.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 684 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2024–135–001–R1 Project: Five Springs and Deep Creek Location: Lassen County Applicant: Amy Holmen, Lassen Land and Trails Trust Background Project Location: The Five Springs and Deep Creek Project (Project) is located north of Susanville on Highway 395 off Smoke Creek Road (Five Springs) and Deep Cut Road (Deep Creek), at a property owned by the California Department of Fish and Wildlife (CDFW), and affects Five Springs and Deep Creek, both tributaries to Secret Creek which eventually flows to Honey Lake.

The Project area supports populations of greater sage–grouse ( Centrocercus Urophasianus) and other native sagebrush species. Project Description: The Lassen Land and Trails Trust (Applicant) proposes to enhance or restore habi- tat within Five Springs and Deep Creek to provide a net conservation benefit for greater sage–grouse and other native sagebrush species. The Project includes the in - stallation of up to 41 beaver dam analogs (BDAs) and 12 rock erosion control “Zeedyk” structures at Five Springs, and up to 29 BDAs and five Zeedyk struc - tures at Deep Creek.

The purpose of the Project is to spread and slow flows along two incised spring–fed systems in order to aggrade and widen riparian areas. The Zeedyk structures will be made of rock and will be hand built. The rock will be placed in the stream in a manner that will help slow and disperse water, dissipate energy, capture sediment, and increase soil moisture. These efforts will restore hydrologic and ecological function of the wet meadow and stream and promote mesic and wetland plant species expansion. These efforts will also help to prevent further degrada- tion to the stream and foster channel recovery.

The rock used in the structures will be sourced pri - marily from on–site locations but may be hauled from offsite locations if needed. Rocks used will be approx- imately lunch–box sized and the rock structures will not be more than 1–2 feet in height. The BDAs will be made of vegetative material and are designed to facilitate process–based restoration to the streams and riparian areas. These structures will mimic and promote the processes of beaver activity and will allow for wood accumulation.

The structures will be low, semi–permeable, and hand–built using na- tive materials (wood, sod, etc.) with untreated wooden fence posts added where necessary for extra stability. BDAs will not exceed 4 feet in height. These activities will re–establish channel sinuosity to the creeks. All work will occur using hand tools. Saws and brush cutters will be used to harvest material for BDAs. Other hand tools including shovels, rock bars, and picks may be used to fit rocks into the stream channel and level back overhanging head cuts.

A gas– powered post pounder will be utilized to drive wooden posts into the ground surface and ATVs with trailers may be used to haul material. Project Size: The total area of ground disturbance associated with the Project is approximately 0.23 acres and 493 linear feet. The Applicant has included project size calculations that were used to determine the to - tal size of the Project. 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) rock rip rap, (2) native vegetation, (3) untreated wood- en posts, (4) and native soil.

Project Timeframes: Start date: April 2024 Completion date: March 2027 Work window: January–December (each year) Water Quality Certification Background: Because the Project’s primary purpose is habitat restoration intended to improve the quality of waters in Califor - nia and native species habitat, the Lahontan 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) Number 6A182403003, for the Project.

The NOA describes the Project and requires the Applicant to comply with the terms of the Order. Receiving Water: Five Springs and Deep Creek, tributaries to Secret Creek. Filled or Excavated Area : Permanent area impact - ed: 0.23 acres Length permanently impacted: 493 linear feet Dredge Volume: None. Discharge Volume: 9 cubic yards (cy) of rock rip rap, 87 cy of native vegetation, 17 cy of untreated wooden posts, and 35 cy of native soil.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 685 Project Location : Latitude 40.533449 North and Longitude –120.150738 West (NAD 83); APN: 095– 130–01–11; 095–130–03–11; and 095–130–02–11. 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 (Public Resources Code, § 21000 et seq.). Noticing: On April 9, 2024, the Director of CDFW received a notice from the Applicant requesting a de - termination pursuant to Fish and Game Code

Section 1653 that the NOA, NOI, and related species protec - tion measures are consistent with the Habitat Resto - ration and Enhancement Act (HREA) with respect to the Project. Pursuant to Fish and Game Code

section 1653 subdi- vision (c), CDFW filed an initial notice with the Office of Administrative Law on April 9, 2024, for publish - ing in the General Public Interest

section of the Cal - ifornia Regulatory Notice Register (Cal. Reg. Notice File Number Z–2024–0409–04) on April 19, 2024. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (f). Determination CDFW has determined 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 Water Quality Certification for Small Habitat Restoration Projects. Avoidance and Minimization Measures The avoidance and minimization measures for the Project, as required by Fish and Game Code sec - tion 1653, subdivision (b) (4), were included in an attachment to the NOI. The specific avoidance and minimization requirements are found in the adden - dum titled: 20240307_HREA_ProjectDescription_ BioAssessment_MinMeasures in the

section titled, Avoidance/Minimization Measures (beginning on page 11), of the addendum. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Monitoring and Reporting Plan provides a timeline for restoration, performance standards, and moni - toring parameters and protocols. Specific require - ments of the plan are found in an attachment to the NOI titled: 20240307_HREA_ProjectDescription_ BioAssessment_MinMeasures in the

section titled, Monitoring and Reporting Plan (beginning on page 7), of the addendum. Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order 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 ECM PIN 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, WDID number, and ECM PIN number with all future inquiries and document submittals. Pursuant to Fish and Game Code

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

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

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

Chapter 6 (commencing with

section 1600) and

Chapter 10 (commencing with

section 1900) of this Division and

Chapter 1.5 (commencing with

section 2050) of Division 3. Additionally, Applicant must adhere to all measures contained in the approved NOA and comply with other conditions described in the NOI. If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW. (See generally Fish & Game Code, § 1654, subdivision (c).)

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 686 DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR BIGGS–WEST GRIDLEY WATER DISTRICT INFRASTRUCTURE MODERNIZATION AND CANAL OPERATIONS DECISION SUPPORT PROJECT 2080–2024–009–02 BUTTE COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on May 9, 2024, that Biggs– West Gridley Water District proposes to rely on a con- sultation between federal agencies to carry out a proj - ect that may adversely affect a species protected by the California Endangered Species Act (CESA).

The proposed project involves replacing and modernizing the Biggs–West Gridley Water District’s existing fa- cilities at 139 individual locations along the water con- veyance system.

Proposed activities will include, but are not limited to, vegetation removal and grubbing, excavation, upgrading customer delivery turnouts, upgrading canal headings to provide improved flow measurement, installing real–time monitoring equip - ment at primary operational spills, and installing new turnout facility components such as new weir boxes with mounting plates, new culverts and sluice gates, staff gages, stilling wells, and lining of the bottom of two short sections of canal. The proposed project will occur at locations serviced by the Biggs–West Gridley Water District in southwestern Butte County.

The U.S. Fish and Wildlife Service (Service) issued a federal biological opinion (BO) (Service Ref. Num - ber 2022–0053838–S7–001) in a memorandum to the U.S. Bureau of Reclamation on March 28, 2024, which considered the effects of the proposed project on state federally threatened giant garter snake ( Thamnophis gigas). Pursuant to California Fish and Game Code

section 2080.1, Biggs–West Gridley Water District is request- ing a determination that the Incidental Take Statement (ITS) and its associated BO are consistent with CESA for purposes of the proposed project. If CDFW deter - mines the ITS and associated BO are consistent with CESA for the proposed project, Biggs–West Gridley Water District will not be required to obtain an inci - dental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project. PETITION DECISION DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION May 14, 2024 VIA EMAIL ONLY Keith Bishop, Allen Matkins LLP Kbishop@allenmatkins.com Re: Response to Petition Amend Regulation Dear Mr. Bishop: This letter responds to your petition to amend California Code of Regulations title 10,

section 260.217(d) (1). The Department grants your petition and anticipates it will initiate formal rulemaking in response to your request within 60 days. Pursuant to Government Code

section 11340.7, subdivision (

d) the Department provides the information below. Name of State Agency: Department of Financial Protection and Innovation Party Submitting Petition: Keith Bishop California Code of Regulations Requested to Be Af- fected: California Code of Regulations title 10,

section 260.217. Authority to Take Action Requested : California Code of Regulations, title 1,

section 100; Corporations Code sections 25217, subdivision (

a) and 25610. Reasons Supporting Agency Determination: Statu- tory changes to name of state agency referenced in the regulation and renumbering of Business and Profes - sions Code sections referenced in the regulation merit revisions to the regulation. Agency Contact Person : Sherri Kaufman, sherri. kaufman@dfpi.ca.gov Interested persons may obtain a copy of your pe - tition by submitting a request at www.dfpi.ca.gov/ pra–request. Sincerely, Clothilde V. Hewlett, Commissioner Department of Financial Protection and Innovation By: /s/ Charles Carriere, Assistant Chief Counsel, Legal Division

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 687

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 # 2024–0429–02 Leroy F. Greene School Facilities Act of 1998; GSD Extension 1/1/2026 This action makes permanent the State Allocation Board’s emergency regulatory amendment extending, from January 1, 2024 to January 1, 2026, the sunset date for subdivision (

d) of

section 1859.76 of Title 2 of the California Code of Regulations concerning the General Site Development (GSD) Grant that schools may be eligible for under the School Facility Program. This grant helps schools cover the extra costs involved in building new schools or adding additions to exist - ing schools requiring the development of new acreage. These extra costs include: landscaping, finish grading, driveways, walkways, outdoor play facilities, perma - nent playground equipment, and athletic fields.

Title 02 Amend: 1859.76 Filed 05/14/2024 Effective 05/14/2024 Agency Contact: Lisa Jones (279) 946–8459 California Alternative Energy and Advanced Trans- portation Financing Authority File # 2024–0501–01 Commercial Energy Efficiency Financing Program This emergency action by the California Alternative Energy and Advanced Transportation Financing Authority is a deemed an emergency under Public Resources Code

section 26009 and adopts and amends regulations regarding the Commercial Energy Efficiency Financing Program. Title 04 Adopt: 10092.16, 10092.17 Amend: 10092.1, 10092.2, 10092.4, 10092.5, 10092.6, 10092.7, 10092.8, 10092.9, 10092.10, 10092.13, 10092.14, 10092.15 Filed 05/13/2024 Effective 05/13/2024 Agency Contact: Jonathan Verhoef (916) 653–1375 Fish and Game Commission File # 2024–0508–02 White Sturgeon bag and possession limit This emergency readopt without changes reduces the harvest of White Sturgeon in recreational fishery by restricting the bag limit, legal size, and fish that can be landed per boat.

Title 14 Amend: 5.79, 5.80, 27.90, 27.92 Filed 05/15/2024 Effective 05/15/2024 Agency Contact: Jennifer Bacon (916) 902–9285 Commission on State Mandates File # 2024–0328–02 General Cleanup The Office of Administrative Law (OAL) grants the request of the Commission on State Mandates (Commission) to file and print amendments to the Commission’s regulations concerning test claims, re - view of Office of State Controller’s claiming instruc - tions, incorrect reduction claims, quasi–judicial hear - ing procedures and decisions, and

definitions of terms. This action is exempt from OAL review pursuant to Government Code

section 17527(g). Title 02 Amend: 1181.2, 1181.3, 1181.13, 1183.1, 1183.5, 1183.6, 1184.1, 1185.4, 1185.6, 1187.5, 1187.7, AND 1187.8 Filed 05/08/2024 Effective 07/01/2024 Agency Contact: Jill Magee (916) 323–3562 Fair Political Practices Commission File # 2024–0329–03 Streamline Regulations This rulemaking action by the Fair Political Practices Commission adopts and repeals regulations regarding eligibility requirements and considerations for campaign, ethics, and lobbying violations and pen- alties for streamline cases.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 21–Z 688 Title 02 Adopt: 18360.1, 18360.2, 18360.3 Repeal: 18360.1, 18360.2, 18360.3 Filed 05/13/2024 Effective 06/12/2024 Agency Contact: Amanda Apostol (916) 322–5660 California Department of Tax and Fee Administration File # 2024–0418–01 Credit for Tax–Paid Telecommunication Services This action without regulatory effect repeals title 18, California Code of Regulations,

section 2610, because all statutory authority for the regulation has been re - pealed, and the statute implemented by the regulation has also been repealed. Title 18 Repeal: 2610 Filed 05/08/2024 Agency Contact: Kim DeArte (916) 309–5227 Department of Housing and Community Development File # 2024–0329–02 Prohousing Designation Program In this change without regulatory effect, the Department repeals sections that have expired on March 1, 2024, in accordance with the intent of Government Code

section 65589.9, subdivision (d)(2), and as specified in the regulations. Title 25 Repeal: 6600.1, 6601.1, 6602.1, 6603.1, 6604.1, 6605.1, 6606.1, 6607.1 Filed 05/13/2024 Agency Contact: Chelsea Lee (916) 284–4847 Bureau for Private Postsecondary Education File # 2024–0402–03 Public Institutions This regular rulemaking action amends the Bureau for Private Postsecondary Education’s existing regula- tion regarding issuance of citations so that it includes within its scope certain public institutions of higher education over which the Bureau exercises regulato - ry authority, as provided in Education Code

section 94949.8. Title 05 Amend: 75020 Filed 05/13/2024 Effective 05/13/2024 Agency Contact: Yvette Johnson (916) 574–8901 Commission on Peace Officer Standards and Training File # 2024–0329–04 Certifications for Public Safety Dispatchers In this rulemaking action, the Commission on Peace Officer Standards and Training (POST) amends the process and requirements to acquire various Public Safety Dispatcher and Records Supervisor certificates.

Title 11 Amend: 1011 Filed 05/10/2024 Effective 07/01/2024 Agency Contact: Katelynn Poulos (916) 227–4894 San Francisco Bay Conservation and Development Commission File # 2024–0402–02 Update to the SF Bay Area Seaport Plan, a part of BCDC’s SF Bay Plan This action amends the San Francisco Bay Area Seaport aspect of the San Francisco Bay Plan by mod- ifying port policies as well as boundaries for port priority uses at Concord, Oakland, Redwood City, Richmond, San Francisco, and Selby, adding new top- ic areas, and removing port priority use designations for Concord and Selby.

Title 14 Amend: 11945 Filed 05/14/2024 Effective 05/14/2024 Agency Contact: Michael Ng (415) 352–3610 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit oal.ca.gov.