California Regulatory Notice Register — Register 2024, No. 31-Z (AUGUST 2, 2024)

Cal. Reg. Notice Reg. 2024, No. 31

California Z Register

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California Regulatory Notice Register — Register 2024, No. 31-Z (AUGUST 2, 2024)

Cal. Reg. Notice Reg. 2024, No. 31

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 31–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW AUGUST 2, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2024–0723–02 ......................................... 961 AMENDMENT MULTICOUNTY: Monterey Bay Community Power Authority Statewide Educational Wrap–Up Program STATE AGENCY: Central Valley Flood Protection Board TITLE 10.

DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan Simplified Rules and Rates Manual — Notice File Number Z2024–0718–01 ................................................................................. 962 TITLE 14. FISH AND GAME COMMISSION Possession of Wildlife and Wildlife Rehabilitation — Notice File Number Z2024–0719–02 ...................... 964 TITLE 14. FISH AND GAME COMMISSION Recreational Federal Groundfish 2025–2026 — Notice File Number Z2024–0723–04 .......................... 967 TITLE 22.

DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION Non–Claims Payments Data for Health Care Payments Data Program — Notice File Number Z2024–0722–02 ................................................................................. 971 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA Consistency Determination Request for Upper Santa Ana River Wash Habitat Conservation Plan, 2080–2024–013–06, San Bernardino County .......................................................... 975 (Continued on next page)

DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2024–139–001–R1, North Fork South Noyo River Large Wood Enhancement Project, Mendocino County .................................................. 975 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2024–140–001–R1, Middle Creek Coho Enhancement Project, Siskiyou County ........................................................................... 977 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2024–142–001–R3, San Gregorio Creek Habitat Enhancement Apple Orchard Project Phase 2, San Mateo County .......................................... 979 DEPARTMENT OF HEALTH CARE SERVICES/DEPARTMENT OF DEVELOPMENTAL SERVICES Notice of General Public Interest Concerning the Department of Health Care Services’ Request for Input on Proposed Amendments to Medi–Cal Home and Community Based (HCBS) 1915(

c) Waiver for the Developmentally Disabled, Regarding Rate Reform, Person–Centered Future Planning, and Financial Management Services Increases ..................................................................... 981 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Public Meeting and Business Meeting ............................................................... 982

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 983 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 31–Z 961 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vest - ed 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: Monterey Bay Community Power Authority Statewide Educational Wrap– Up Program STATE AGENCY: Central Valley Flood Protection Board A written comment period has been established commencing on August 2, 2024, and closing on September 16, 2024.

Written comments should be directed to the Fair Political Practices Commission, Attention Belen Cisneros, 1102 Q Street, Suite 3050, Sacramento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest codes will be submitted to the Commission’s Executive Director for their review, unless any interested person or their duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hear- ing before the full Commission. If a public hearing is requested, the proposed codes will be submitted to the Commission for review.

The Executive Director of the Commission will re - view the above–referenced conflict–of–interest codes, proposed pursuant to Government Code

Section 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 return 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 2, 2024. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or increased costs to local government which may re - sult 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. Therefore, they are not “costs mandated by the state” as defined in Government Code

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

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest codes should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email bcisneros@fppc.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 962 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 Commission should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email bcisneros@fppc.ca.gov. TITLE 10.

DEPARTMENT OF INSURANCE R EG–2024–00010 REVISIONS TO CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN SIMPLIFIED RULES AND RATES MANUAL SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara (“Commissioner”) will hold a public hearing to ad - dress the proposed amendments to the California Automobile Assigned Risk Plan (“CAARP” or “Plan”) Simplified Rules and Rates Manual. California Code of Regulations, Title 10,

Chapter 5,

Section 2498.5 ref- erences this plan. AUTHORITY TO ADOPT RATES AND REFERENCES The Commissioner will consider the proposed changes pursuant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioners decision on the proposed changes will implement, interpret and makes specific the require - ments of Insurance Code

Section 11624(e). Insurance Code

section 11620(

c) applies to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the proposed changes at the following date, time, and place: Date and Time: September 19, 2024 1:00 p.m. Location: Department of Insurance Hearing Room 1901 Harrison Street, 3rd Floor Oakland, CA 94612 ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments.

Persons with sight or hearing impairments are re - quested to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary. WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (510) 238–7830 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538–4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear - ing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on September 19, 2024. Any written materials received after that time will not be considered. Written com - ments may also be submitted to the contact person by email or facsimile transmission. Please select only one method to submit written comments.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 963 ADVOCACY OR WITNESS FEES Persons or groups representing the interest of con - sumers may be entitled to reasonable advocacy fees, witness fees, and other reasonable expenses, in ac - cordance with the provisions of California Code of Regulations, Title 10, Sections 2662.1–2662.6 in connection with their participation in this matter. Interested persons must submit a Petition to Participate, as specified in California Code of Regulations, Title 10,

Section 2661.4. The Petition to Participate must be submitted to the Commissioner at the Office of the Public Advisor at the following address: California Department of Insurance Office of the Public Advisor 300 Spring Street 12th Floor Los Angeles, CA 90013 Telephone: (213) 346–6635 A copy of the Petition to Participate must also be submitted to the contact person for this hearing (list - ed above). For further information, please contact the Office of the Public Advisor.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CA 24–06 Simplified Rules and Rates Manual The Experience Rating Plan rule of the California Automobile Assigned Risk Simplified Rules and Rates Manual is separated for renewal policies effective on or after May 1, 2018 and renewal policies effective pri- or to May 1, 2018. The renewal language for policies effective prior to May 1, 2018 is now obsolete. CAARP proposes the removal of renewal lan - guage for policies effective prior to May 1, 2018 from the Experience Rating Plan rule from the California Automobile Assigned Risk Simplified Rules and Rates Manual.

CA 24–07 Simplified Rules and Rates Manual On March 21, 2024, a producer notified the Plan of a change to 92878 (Riverside) from a post office box to an active zip code. Currently, the California Low Cost Automobile Insurance Program Plan allows zip code changes to be made automatically when they change. The CAARP Simplified Rules and Rates Manual does not have similar language and therefore, all zip code changes must be filed for approval.

CAARP proposes, updating zip code 92878 to re - flect the change from a post office box to an active zip code and introduce language to the Simplified Rules and Rates Manual that allows zip code changes to be made automatically when there is a change. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes. LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts.

MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings 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, or in other nondiscretionary costs or savings to local agencies. COST OR SAVINGS TO ANY STATE AGENCY ; FEDERAL FUNDING The Commissioner has determined that the applica- tion will result in no cost or savings to any state agency and no cost or savings in federal funding to the state.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES AND THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE The Commissioner has initially determined that the proposal will not have a significant statewide ad - verse economic impact directly affecting businesses, including the ability of California businesses to com - pete with businesses in other states. This proposal will have no effect on the creation or elimination of jobs in California, the creation of new businesses, the elimi - nation of existing businesses in California, or the ex - pansion of businesses in California.

COST IMPACTS ON PRIVATE PERSONS OR ENTITIES The Insurance Commissioner has initially deter - mined that the proposal will not affect private person or entities.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 964 IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter - mined that the application will not affect housing costs. IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses. SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment.

ALTERNATIVES The Insurance Commissioner must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is pro - posed or would be as effective and less burdensome to affected private persons than the proposed action. PLAIN ENGLISH The application describing the proposal is in plain English. However, the application itself is based on technical actuarial principles.

TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this notice. The Initial Statement of Reasons, Notice of Proposed Action and Regulation Text are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above. Further details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below.

FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or email request to the contact person listed above, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared. A copy of the Final Statement of Reasons will also be posted on the Department’s website.

ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental information contained in the rulemaking file by contacting the contact person listed above. By prior appointment, the rulemaking file is available for inspection at 1901 Harrison Street, Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Digest is being sent to all persons on the Insurance Commissioner’s mailing list.

AVAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on - line and may be accessed through the Department’s website at www.insurance.ca.gov. AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 14.

FISH AND GAME COMMISSION POSSESSION OF WILDLIFE AND WILDLIFE REHABILITATION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by sections 200, 713, 1002, 1002.5, 1050, 1055, 2015, 2021, 2081, 2118, 2120, 2121, 2122, 2127, 2150.2, 2150.4, 2157, 2192, 2835, 3005.5, 3800, 4150, 4180, 5050, and 5060 of the Fish and Game Code and to implement, interpret or make specific sec- tions 395, 396, 398, 716.3, 1002, 1002.5, 1008, 1018, 1050, 2000, 2116, 2116.5, 2117, 2118, 2120, 2125, 2150, 2150.2, 2150.4, 2151, 2157, 2190, 2193, 2271, 3005, 3005.5, 3007, 3503, 3503.5, 3511, 3513, 3950, 4155, 4800, 4801.5, 5060, 5061, 10500, 12000, 12002, and 12159 of said Code;

Section 597, Penal Code; and Title

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 965 50 Code of Federal Regulations, Parts 14, 16, 17, 21.29, 21.30, 21.31, 22, and 23, proposes to repeal

Section 679 and add sections 679.1, 679.2, 679.3, 679.4, 679.5, 679.6, 679.7, 679.8, and 679.9, Title 14, California Code of Regulations (CCR), and

Chapter 2 and

Chapter 3 of the Native Wildlife Rehabilitation 679 Regulations Manual, relating to the possession of wildlife and wildlife rehabilitation. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section references in this document are to Title 14, CCR. California’s wildlife rehabilitation program allows qualified individuals to care for sick, injured, and or - phaned wildlife with the goal of releasing them back into the wild. Around 80 permitted facilities and 550 sub–permitted facilities currently rehabilitate about 100,000 animals per year. However, the regulations have not been updated since 2007 and no longer re - flect best practices in animal care.

The state is looking to modernize the program by creating new regulations that address these issues and better support both the wildlife rehabilitators and the animals they care for. The proposed changes to the regulations would repeal

Section 679 and add sections 679.1 through 679.9 and incorporate by reference chapters 2 and 3 of a new wildlife rehabilitation best practices manual (DFW 479). These sections add

definitions and implement regulations for the transportation of live wild animals, permitting for wildlife rehabilitation, facility and en - closure standards and variances, humane animal care standards, release of animals into the wild, inspection of wildlife rehabilitation facilities, seizure, transfer, euthanasia or release of seized animals, revocation of permits, and requests for reconsideration and appeals.

Benefit of the Regulations It is the policy of this state to regulate the tempo - rary possession and rehabilitation of native wildlife for release to the wild under the jurisdiction and in - fluence of the state for the benefit of all the citizens of the state and to protect, conserve, and manage the state’s most vulnerable wildlife resources. Ethical, skilled wildlife rehabilitators are true partners in con - servation with the Department.

The objectives of this policy include, but are not limited to, adoption of sci - entifically based wildlife rehabilitation practices and processes, the maintenance and support of wildlife rehabilitation facilities in California, sustainable man- agement of wildlife resources to ensure their contin - ued existence, in harmony with current standards, and increasing respect for and recognition of the service provided by wildlife rehabilitators.

The benefits of the proposed regulations are consistent with the most cur- rent requirements and standards of wildlife rehabilita- tion, wildlife conservation goals, health and welfare of California residents, and promotion of ethical wildlife rehabilitation facilities. Consistency and Compatibility with Existing Regulations

Section 20 of

Article IV of the State Constitution specifies that the Legislature may delegate to the Fish and Game Commission such powers relating to the protection and propagation of fish and game as the Legislature sees fit. The Commission has reviewed its own regulations and finds that the proposed regulatory action is neither inconsistent nor incompatible with ex- isting state regulations. The Commission has searched the California Code of Regulations and finds no other state agency regulations pertaining to the permitting of wildlife rehabilitation facilities.

PUBLIC PARTICIPATION Comments Submitted by Mail or Email It is requested, but not required, that written com - ments be submitted on or before November 27, 2024 at the address given below, or by email to FGC@fgc. ca.gov. Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on December 6, 2024. If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244–2090.

Meetings NOTICE IS GIVEN that any person interested may present statements, orally or in writing, rele - vant to this action at a hearing to be held at the River Lodge Conference Center, 1800 Riverwalk Drive in Fortuna, California, which will commence at 8:30 a.m. on Wednesday August 14, 2024 and may contin- ue at 8:30 a.m., on August 15, 2024. This meeting will also include the opportunity to participate via webi - nar/teleconference. Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899.

Please refer to the Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most cur - rent information. NOTICE IS ALSO GIVEN that any person inter - ested may present statements, orally or in writing, rele- vant to this action at a hearing to be held in the Natural Resources Headquarters Building, Auditorium, 715 P Street Sacramento, California, which will com - mence at 8:30 a.m. on October 9, 2024 and may con - tinue at 8:30 a.m., on October 10, 2024. This meeting will also include the opportunity to participate via webinar/teleconference.

Instructions for participation in the webinar/teleconference hearing will be posted

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 966 at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to the Commission meeting agenda, which will be avail- able at least 10 days prior to the meeting, for the most current information.

NOTICE IS ALSO GIVEN that any person inter - ested may present statements, orally or in writing, rele- vant to this action at a hearing to be held in the Natural Resources Headquarters Building, Auditorium, 715 P Street Sacramento, California, which will commence at 8:30 a.m. on December 11, 2024 and may contin - ue at 8:30 a.m., on December 12, 2024. This meeting will also include the opportunity to participate via webinar/teleconference. Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899.

Please refer to the Commission meeting agenda, which will be avail- able at least 10 days prior to the meeting, for the most current information. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.

The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, Box 944209, Sacramento, California 94244–2090, phone (916) 653–4899. Please direct requests for the above–mentioned documents and inquiries concern - ing the regulatory process to Melissa Miller–Henson or Jenn Bacon at FGC@fgc.ca.gov or at the preced - ing address or phone number.

Vicky Monroe, Senior Environmental Scientist Supervisor, California Department of Fish and Wildlife, has been des - ignated to respond to questions on the substance of the proposed regulations. Ms. Monroe can be reached at (916) 358–2790 or RehabWildlife@ wildlife.ca.gov. AVAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from 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.

Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/ RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco - nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant state- wide adverse economic impact directly affecting busi- ness, including the ability of California businesses to compete with businesses in other states. The proposed action will remedy the incomplete and inadequate specific provisions described in the current regulation. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate any impacts on creation or elimination of jobs, the creation of new businesses, the elimination of existing businesses or the expansion of businesses in California because the proposed amendments will increase support and guid- ance to permitted wildlife rehabilitation facilities and provide consistency of standards and requirements for compliance.

The Commission anticipates benefits to the health and welfare of California residents and worker safety by requiring site–specific conditions necessary to protect native wildlife, agriculture in - terests, animal welfare, human health and safety such as enhanced biosecurity protocols, improved caging requirements, and standardized reporting protocol for animals known or suspected to have a communicable disease.

The new regulations will benefit the environment by expanding the Department’s authority to consider potential impacts on native wildlife when issuing per- mits and increase protections to native wildlife tempo- rarily possessed for the purposes of rehabilitation and release to the wilds of the State. Existing

Section 679 fails to explicitly state that the Department shall issue or renew a permit only if the wildlife rehabilitation facility meets all required standards and site–specific conditions necessary to protect native wildlife, agri - culture interests, animal welfare, and/or human health and safety. The new regulations require the most cur -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 967 rent wildlife rehabilitation standards and scientifically based requirements, and fully consider potential im - pacts to the environment and other resource users pri - or to issuing a permit. (

c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any unreasonable cost impacts that a representative private person or business would necessarily incur in reasonable com - pliance with the proposed action. Fish and Game Code

Section 1050(

e) provides that the Department “may establish fees and may adjust statutorily im - posed fees by regulation for the filings, permits, de - terminations, or other department actions described in

Section 711.4, 1002, or 1609. “Fees established by the department shall be in an amount sufficient to re - cover all reasonable administrative and implementa - tion costs of the department relating to the program with regard to which the fee is paid.” The most recent year fee amounts per Fish and Game Code

Section 713 will be updated on the forms that are proposed for amendments in this rulemaking. For example, in 2021, the non–refundable application fee was $41.00 with a refundable inspection fee of $114.54. For 2022, the non–refundable application fee was adjusted for inflation to $58.50 in accordance with Fish and Game Code

Section 713 with a refundable inspection fee of $162.25. For 2023, the non–refundable application fee was adjusted for inflation to $65.41 with a refund- able inspection fee of $181.28. For 2024, the non– refundable application fee was adjusted to $69.01, which shall include a 3% non–refundable Automated License Data System (ALDS) fee (Section 700.4(e)), and refundable inspection fee of $191.32. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: None. No change in costs or savings for state agen - cies is expected as a direct result of the proposed re - peal of

Section 679 and adoption of Sections 679.1– 679.9. The Department has estimated that the initial rulemaking process, transition period, improved over- sight, and support to permittees throughout the state by the Department’s Native Wildlife Rehabilitation Program will continue to engage staff time, particular- ly program staff in the Department’s Wildlife Health Laboratory. The Department oversees 80 wildlife re - habilitation facilities and approximately 550 satellite facilities each year. The program and staff time costs will remain unchanged and are within currently exist - ing budgets and resources. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulation in Plain English pursu - ant to Government Code Sections 11342.580 and 11346.2(a) (1).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carry- ing out the purpose for which the 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. TITLE 14.

FISH AND GAME COMMISSION RECREATIONAL FEDERAL GROUNDFISH 2025–2026 NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by sections 200, 205, 265, 270, 275, 313, 702, 5508, 5509, 7071, 7110 and 8587.1 of the Fish and Game Code and to implement, interpret or make specific sections 200, 205, 265, 270, 275, 313, 399, 1802, 5508, 5509, 7071, 7110, and 8585.5 of said Code; and 50 CFR

Part 660, Subpart G, Sections 660.350, 660.351, 660.352 and 660.360, proposes to amend sec- tions 27.20, 27.40, 27.45, 27.50, 27.65, 28.27, 28.28, 28.29, 28.54, and 28.65, Title 14, California Code of Regulations, relating to recreational fishing regula - tions for federal groundfish for 2025 and 2026, and fillet requirements at sea.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 968 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law authorizes the recreational take of groundfish subject to regulations set forth by feder - al and state authorities. Current regulations establish season lengths, depth restrictions, methods of take (gear restrictions), as well as size, bag, and possession limits within the five groundfish management areas (GMAs) for all federal groundfish.

Present regulations allow anchoring and drifting in addition to transiting in a closed area and offer a provision to allow use of hoop nets, Dungeness crab traps, and dip nets for take of select non–groundfish invertebrate species while groundfish are onboard a vessel that is anchoring, drifting, or transiting through a nearshore closure area while groundfish legally tak - en in the “offshore only” fishery are aboard.

In addition, current regulations specify groundfish exclusion areas (GEAs) which are special closure areas within the Southern GMA, where take or possession of all federal groundfish is prohibited year–round, and requirements regarding filleting fish at sea. The Pacific Fishery Management Council (PFMC) recommended recreational fishing regulations for fed- erally managed groundfish species for the 2025–2026 management cycle at its June 8–12, 2024 meeting.

Based on these recommendations, federal ground - fish fishery regulations for 2025–2026 are expected to publish by January 1, 2025, requiring amendment of several state regulations for consistency with and to complement the new federal regulations in state waters.

The changes needed to state recreational regulations include repeal of minimum size limits for cabezon, greenlings of the genus Hexagrammos, and California scorpionfish; modification of fillet requirements for the aforementioned groundfish; and clarifying rules governing possession of groundfish aboard vessels when traveling through areas that are closed or have differential limits. Minor regulatory language amend - ments to multiple sections are also proposed. The proposed changes as are as follows: Subsection 27.20(b) (1) (

A) is proposed to be amend- ed to add a new subsection (27.20(b) (1) (A)1.) to clar- ify it is unlawful to possess a groundfish species or species group within a GMA where the take and pos - session of those species are prohibited in all waters of that GMA or in excess of the bag limit of that GMA, regardless of if the groundfish species or species group were taken in a different GMA where the take or pos - session is authorized. Subsection 27.50(

b) is proposed to be amended to remove “notwithstanding subsection 27.20(b) (1) (A)” at the beginning of the sentence and to add “except for the purpose of transit as provided in subsection 27.20(b) (1) (A)” at the end of the sentence. Federal regulations allow for continuous transit across GEAs, while the current state regulations do not allow for this. This revision would make state regulations re - garding transit across GEAs consistent with the fed - eral regulations.

Subsection 27.65(b) (3) is proposed to be amended to remove the requirement that lingcod fillets bear a one– inch patch of skin and replace it with a requirement that lingcod fillets must have the entire skin attached. Subsection 27.65(b) (8) is proposed to be amend - ed to add cabezon and greenlings of the genus Hexagrammos to the list of species that may be filleted at sea and fillets of these species must have the entire skin attached.

Subsection 27.65(b) (9) is proposed to be amended to remove the minimum fillet size requirement for California scorpionfish, remove the requirement that each fillet bear a one–inch patch of skin, and replace it with a requirement that fillets must have the entire skin attached. Subsection 28.28(

c) is proposed to be amended to remove the minimum size limit for cabezon and to up- date the reference to fillet regulations. Subsection 28.29(

c) is proposed to be amended to remove the minimum size limit for greenlings of the genus Hexagrammos. Subsection 28.54(

c) is proposed to be amended to remove the minimum size limit for California scorpi - onfish and replace the reference to “fillet size limit” with “fillet regulations.” Several non–substantive changes are proposed to correct errors or outdated terminology, provide con - sistency, and reduce redundancy between Title 14 sec- tions, increase clarity, and enhance enforcement of the regulations. In sections 27.20, 27.40, and 27.45, “depth constraint” is proposed to be amended to read “depth restriction” for consistency with language used in these and other sections. In subsections 27.40(b) (2) (

A) and 27.45(b) (4) (A), the duplicate word “the” is re - pealed. Subsection 28.27(c) (Lingcod) is proposed to be amended to add “and other fillet regulations” for clarity and consistency with other sections. Subsection 28.65(

c) is proposed to be amended to replace “kelp or rock greenlings ( Hexagrammos decagrammus and Hexagrammos lagocephalus)” with “greenlings of the genus Hexagrammos.” Benefits of the Regulations: It is the policy of this state to encourage the con - servation, maintenance, and utilization of the living resources of the ocean and other waters under the ju - risdiction and influence of the state for the benefit of all the citizens of the state and to promote the devel - opment of local and distant water fisheries based in California. The objectives of this policy include, but are not limited to, the maintenance of sufficient pop -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 969 ulations of all species of aquatic organisms to ensure their continued existence and the maintenance of a sufficient resource to support a reasonable sport use, taking into consideration the necessity of regulating individual sport fishery bag limits to the quantity that is sufficient to provide a satisfying sport. Adoption of scientifically based groundfish seasons, depth con - straints, size limits, and bag and possession limits pro- vides for the maintenance of sufficient populations of groundfish species to ensure their continued existence.

The goals and benefits of the proposed regulations include consistency with federal law, sustainable man- agement of groundfish and associated species resourc- es, and promotion of businesses that rely on recre - ational groundfish fishing. Consistency and Compatibility with Existing Regulations: The proposed regulations are neither inconsistent nor incompatible with existing state regulations.

Section 20,

Article IV, of the state Constitution specifies that the Legislature may delegate to the Commission such powers relating to the protection and propagation of fish and game as the Legislature sees fit. The Legislature has delegated to the Commission the power to adopt regulations governing recreational fishing (California Fish and Game Code sections 200 and 205). No other state agency has the authority to adopt regulations gov- erning recreational fishing.

The Commission has re - viewed its own regulations and finds that the proposed regulations are neither inconsistent nor incompatible with existing state regulations. The Commission has searched the CCR for any regulations regarding the adoption of recreational groundfish fishing regula - tions; therefore, the Commission has concluded that the proposed regulations are neither inconsistent nor incompatible with existing state regulations.

PUBLIC PARTICIPATION Comments Submitted by Mail or Email It is requested, but not required, that written com - ments be submitted on or before September 26, 2024 at the address given below, or by email to FGC@fgc. ca.gov. Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on October 4, 2024. If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244–2090.

Meetings NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the River Lodge Conference Center, 1800 Riverwalk Drive, Fortuna, California, which will commence at 8:30 a.m. on Wednesday August 14, 2024, and may continue at 8:30 a.m., on Thursday, August 15, 2024. This meet - ing will also include the opportunity to participate via webinar/teleconference. Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899.

Please refer to the Commission meeting agenda, which will be avail- able at least 10 days prior to the meeting, for the most current information. NOTICE IS ALSO GIVEN that any person inter - ested may present statements, orally or in writing, rele- vant to this action at a hearing to be held in the Natural Resources Headquarters Building Auditorium, 715 P Street, Sacramento, California, which will commence at 8:30 a.m. on Wednesday, October 9, 2024, and may continue at 8:30 a.m., on Thursday, October 10, 2024. This meeting will also include the opportunity to par - ticipate via webinar/teleconference.

Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to the Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most current information. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.

The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, Box 944209, Sacramento, California 94244–2090, phone (916) 653–4899. Please direct requests for the above–mentioned documents and inquiries concern - ing the regulatory process to Melissa Miller–Henson or Sherrie Fonbuena at FGC@fgc.ca.gov or at the preced- ing address or phone number.

Senior Environmental Scientist Specialist, Melanie Parker, Department of Fish and Wildlife, Groundfish@wildlife.ca.gov, has been designated to respond to questions on the substance of the proposed regulations. AVAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission dif - fer from but are sufficiently related to the action pro - posed, they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing of resource data

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 970 collection, timelines do not allow, etc.) or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15–day comment period, and the Commission will exercise its powers under

Section 265 of the Fish and Game Code. Regulations adopted pursuant to this

section are not subject to the time pe - riods for adoption, amendment or repeal of regulations prescribed in sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed may obtain a copy of said regulations prior to the date of adoption by contacting the agency representa - tive named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/ RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco - nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California business - es to compete with businesses in other states. The Commission anticipates similar opportunities for the recreational and commercial groundfish fishery in 2025–2026 compared to 2024. The impact on the en - tirety of marine sportfishing activity is not expected to significantly impact sportfishing expenditures to businesses within the state. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate any adverse impacts on the creation or elimination of jobs, the cre- ation of new business, the elimination of existing busi- nesses or the expansion of businesses in California. The Commission anticipates benefits to the health and welfare of California residents.

Participation in sport fisheries opportunities fosters conservation through education and appreciation of California’s wildlife. The Commission does not anticipate any benefits to worker safety. The Commission anticipates benefits to the environ- ment by the sustainable management of California’s sport fishing resources. (

c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: None. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursu - ant to Government Code Sections 11342.580 and 11346.2(a) (1).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carry- ing out the purpose for which the 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 971 TITLE 22. DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION HEALTH CARE PAYMENTS DATA PROGRAM The Department of Health Care Access and Information (Department or HCAI) proposes to adopt regulations to collect Non–Claims Payment (NCP) data for the Health Care Payments Data Program (HPD) after considering all comments, objections, and recommendations regarding the proposed action. I. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed action.

However, the Department will hold a hearing if it receives a written request for a public hearing from any interested person or their authorized representative no later than 15 days before the close of the written comment period. II. WRITTEN PUBLIC COMMENT PERIOD AND CONTACT PERSON Any interested person, or their authorized repre - sentative, may submit written comments relevant to the proposed regulatory action. All comments must be received by the Department by September 17, 2024. Inquiries and written comments regarding the proposed action should be addressed to the primary contact person named below.

Comments delivered by email are suggested. Comments may also be hand de - livered or mailed. Madeline Verzola, Health Program Specialist II Office of Information Services Department of Health Care Access and Information Telephone: (916) 326–3945 Email: Madeline.

Verzola@hcai.ca.gov Mailing address: 2020 West El Camino Avenue, Suite 1100 Sacramento, CA 95833–1880 Inquiries and comments may also be directed to the backup contact person at the same mailing address: Suzanne Hermreck, Health Program Specialist II Office of Information Services Department of Health Care Access and Information Telephone: (916) 326–3841 Email: Suzanne.Hermreck@hcai.ca.gov III. AUTHORITY AND REFERENCE California Health and Safety Code (HSC)

section 127673(

f) authorizes the Department to adopt these proposed regulations. The specific code sections that are being implemented, interpreted, or made specific are HSC sections 127671, 127671.1, 127673, 127673.1, and 127673.4. IV. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW a.

Summary of Existing Laws and Effect of the Proposed Regulations Existing law required the Department to establish the HPD by HSC sections 127671 to 127674.1. The purpose of the HPD is to collect health care data from health care plans, health insurers, government agencies, and others, and to use this data to provide greater transparency regarding health care costs, uti - lization, quality, and equity to improve health care in California. As part of the requirements under HSC

section 127673(e), the Department promulgated emergency regulations for the collection of HPD data on December 20, 2021, and data collection began in 2022 for the collection of core claims data files including member eligibility, medical claims, pharmacy claims, and pro- vider data. The emergency regulations were certified on November 17, 2023, to permanently adopt the HPD regulations, clarify specific regulation sections, and update documents incorporated by reference. This proposed rulemaking is to adopt HPD regula - tions to collect NCP data as part of the required HPD data collection efforts under HSC

section 127673(

b) and update and clarify specific regulation sections. The proposed regulations will further expand on the required data collection efforts of the HPD and will permanently establish requirements and imple - mentation for the collection of NCP data. HCAI also proposes to update and modify parts of the existing regulations because of updates made to documents in- corporated by reference and to provide clarity and dif- ferentiate between data currently being collected and NCP data. Changes include: ● Removing outdated parts of the definition “APCD–CDL™” and, accordingly, the outdated parts of the HPD Data Submission Guide (HSC sections 97300(

a) and (c)); ● Adopting

definitions applicable for NCP data col- lection (HSC

section 97300(m)); ● Removing outdated guidance and clarifying the method for submitting data files (HSC

section 97340);

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 972 ● Adopting a new

section to specify due dates for the submission of monthly and annual data files (HSC

section 97341); ● Adopting specifications and requirements for the submission of NCP data file contents (HSC sec - tions 97342 and 97344); ● Updating current and adopting new requirements for the preparation of historical data submission (HSC

section 97350); ● Adopting requirements for the submission of his- torical NCP data files (HSC

section 97351); ● Removing outdated and adopting new require - ments for the initiation of monthly data file re - porting (HSC

section 97352); and ● Adopting requirements for the initiation of annu- al data file reporting (HSC

section 97353). b. Policy Statement Overview As stated in HSC

section 127671(b), the HPD was created because health care data is reported and col - lected through many disparate systems which makes it difficult to study California’s health care system. This creates substantial hurdles to improve health care in California. To address this problem, the HPD’s pur - pose is to collect and centralize health care data from various sources and process the data in a way that it can be used by the state and the public to learn and seek improvements in health care in California, while protecting patient privacy.

As required by statute, the HPD’s purpose is to col- lect health care data from the entities that make pay - ments for health care (i.e. commercial health plans and health insurers, and government health plans). The December 2021 emergency regulations were promul - gated to initiate HPD data collection and identified mandatory data submitters, specified data to be col - lected, created a process for data submission, and set a timeline for data collection. In November 2023, the Department was issued a Certificate of Compliance for the HPD Program Data Collections regulations by the Office of Administrative Law.

The Certificate of Compliance makes permanent the December 2021 HPD Program emergency regula - tions that established procedures for health care data collection and submission. Regarding benefits, this rulemaking will allow HPD to continue collecting health care data to help inform the state’s approach to improving health care in California by adding the collection of NCP data. As stated in HSC

section 127671, by collecting, aggre- gating, and processing this health care data, the HPD will provide greater transparency about California’s health care system to the State and the public, which will inform health care policy decisions. By studying HPD data, California will learn more about its health care system and hopefully will lead to improvements in public health, reduction of health disparities, ad - vancement of health coverage, reduction of health care costs, and better oversight of the health system and health care companies.

It is also hoped that the pub - lic and government agencies will also use HPD data to develop innovative approaches, services, and pro - grams that may have the potential to improve health care for Californians. To be as comprehensive as possible and to maxi - mize the utility and value for California policymakers and others interested in improving California’s health- care system, the HPD must expand its data collection efforts to include NCP data. As described in HSC sec- tion 127673, health plans and submitters are required to submit NCP data to the HPD System.

This will in - clude monthly capitation files and annual non–claims payment and pharmacy rebate and cost files. The col - lection of NCP data is especially important given the presence of managed care in California’s market. This information will be necessary to calculate the total cost of care, which is an essential part of understand - ing what is driving increases in health care costs. c. Existing Comparable Federal Regulation or Statute The Department is not aware of any comparable fed- eral statute or regulation to the proposed regulations. d.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations The Department evaluated the language contained in the proposed regulations and determined that these proposed regulations are not inconsistent with or in - compatible with existing state regulations. These reg - ulations are necessary to enhance the clarity and effi - cacy of a statutorily mandated program. e.

Documents Incorporated by Reference The Department intends to incorporate by reference the following documents for the proposed regulations: ● The Health Care Payments Data Program: Data Submission Guide, Version 3.0, dated June 14, 2024. ● NCP Data Layout™: A Data Layout for Non– Claims Payments, Version 1.0, released April 2024. V. MANDATE ON LOCAL AGENCY OR SCHOOL DISTRICT HCAI determined that these regulations do not im - pose a mandate on local agencies or school districts because it does not mandate a new program or a high- er level of service of an existing program pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. These regulations are appli- cable to public and private entities and are not unique to local government.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 973 VI. FISCAL IMPACT ESTIMATES The Department has made the following fiscal im - pact estimates: a. Cost or savings to any state agency: None. b. Cost to any local agency or school district which must be reimbursed in accordance with Govern - ment Code sections 17500 through 17630: None. c. Other nondiscretionary cost or savings imposed on local agencies: None. d. Cost or savings in federal funding to the state: None. VII. HOUSING COSTS The Department determined that the proposed reg - ulations will not impact housing costs. VIII.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE HCAI believes this regulation is a minor reporting requirement for health plans, health insurers, and oth - er mandatory data submitters to the HPD based on a survey provided to mandatory data submitters. To un- derstand what potential economic impacts there may be to HPD data submitters, HCAI released a survey to all currently registered plans, submitters, and antic - ipated mandatory dental plans.

The survey assessed the one–time cost, ongoing system costs, and types of jobs created or eliminated to comply with NCP data collection for the HPD. Six registered health plans and one registered delegated submitter provided feedback on the survey. Although no dental plans responded to the survey, HCAI anticipates that dental plans will not have NCP data to report because their services are typically submitted on a fee–for–service basis. The total covered lives served by these health plans and insurers range from 13,000 to 8.2 million.

The re- sults of the survey concluded that there is an economic impact to registered plans and submitters. However, the impact will not eliminate jobs. One respondent concluded that the requirements of NCP data collec - tion will likely create an estimated one to three jobs. This supports HCAI’s position that this regulatory ac- tion does not have any significant adverse economic impact on businesses required to report NCP data to the HPD. IX.

COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS As stated above, HCAI released a survey to all cur - rently registered plans, submitters, and anticipated mandatory dental plans. The survey assessed the one– time cost, ongoing system costs, and types of jobs cre- ated or eliminated to comply with NCP data collection for the HPD. A total of six registered health plans and one registered delegated submitter responded to the survey, with the registered delegated submitter repre - senting two public self–insured entities and one reg - istered health plan.

The total covered lives served by these health plans and insurers range from 13,000 to 8.2 million. Plans at the lower range of total covered lives membership (with annual revenues of at least in the hundreds of millions of dollars) indicated that the estimated one–time cost would be $50,000 or less, and estimated ongoing annual costs would be $25,000 or less.

This is compared to plans at the higher range of total covered lives membership (with annual revenues in the tens of billions of dollars), who indicated that the estimated one–time cost was between $300,001 and $500,000, while estimated ongoing annual costs would be between $25,001 and $50,000. Based on the results of the survey, HCAI estimates the total one–time cost for all submitters implement - ing the requirements of NCP data collection regu - lations to be approximately $2,300,007.

HCAI also estimates the total ongoing annual costs for all sub - mitters implementing the requirements of NCP data collection regulations to be approximately $375,003. The total statewide cost to comply with this regulato - ry action for initial start–up costs and the first year of annual costs will be approximately $2,675,010. Based on this information, HCAI has determined that there is an economic impact to registered plans and submitters. However, the impact does not impede health plans and submitters from complying with the requirements of NCP data collection for the HPD. X.

STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ANALYSIS (EIA) The Department surveyed those health plans, insur- ers, and public self–insured entities which are current- ly registered and submitting data to the HPD. From this, the Department concludes that this regulatory action will: a. Likely not create jobs within the state; b. Likely not eliminate jobs within the state; c. Not create new businesses within the state; d. Not eliminate existing businesses within the state;

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 974 e. Not affect the expansion of businesses currently doing business in the state; and f. Not have any anticipated benefits to worker safety or the state’s environment. g. This regulatory action would benefit the health and welfare of California residents. This regulatory action is to adopt HPD regulations to collect NCP information including capitation, oth - er alternative payment arrangements, and pharmacy rebates as required in HSC

section 127673(b) (2) in an effort to expand the types of data being collected in the HPD. In this way, the HPD will provide greater transparency about California’s health care system to the state and the public, which will inform health care policy decisions. In turn, this will hopefully lead to improvements in public health, reduction of health disparities, advancement of health coverage, reduction of health care costs, and better oversight of the health care system and companies.

It is hoped that the public and government agencies will use HPD data to “de - velop innovative approaches, services, and programs that may have the potential to improve health care for Californians. Furthermore, there are no anticipated benefits of these regulations to worker safety or the state’s environment. XI. BUSINESS REPORT The proposed regulatory requirements for business- es to submit NCP data to HPD is a statutory mandate as specified in HSC

section 127673. The proposed regulations require HPD mandatory data submitters and their delegated submitters to reg - ister and re–register each year. To the extent these are considered “reports,” the Department finds that this is necessary for the health, safety, and welfare of the public that this applies to businesses. XII. EFFECT ON SMALL BUSINESS The Department has determined that the regulations will have no effect on small businesses. The health plans and insurers who are mandated to report data to the HPD program are not part of the small business community.

The smallest health plan who is mandated to report for the HPD program is estimated to have between 50–200 employees and has a total annual rev- enue of over $35 million. All other health plans and insurers have greater than 200 employees and annual revenues greater than $35 million. XIII. REASONABLE ALTERNATIVE INFORMATION In accordance with Government Code

Section 11346.5, subsection (a) (13), the Department must de - termine that no reasonable alternative considered by the Department or that has otherwise been identi - fied and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in im- plementing the statutory policy or other provision of law.

The Department invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the proposed rulemaking action during the written comment period. XIV. AVAILABILITY OF EXPRESS TERMS, INITIAL STATEMENT OF REASONS, AND INFORMATION UPON WHICH PROPOSED RULEMAKING IS BASED The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the address given for the contact persons.

As of the date this notice is published, the rulemaking file consists of this notice, the text of the proposed regulations, all documents incorporated by reference as identified in this notice, the initial statement of reasons, an economic impact analysis, and all information upon which this pro - posed rulemaking is based. Copies may be obtained by contacting the listed contact persons using the contact information above and parts of the rulemak - ing file are available at https://hcai.ca.gov/about/ laws–regulations/. XV.

AVAILABILITY OF SUBSTANTIAL CHANGES TO ORIGINAL PROPOSAL After considering all timely and relevant comments received, the Department may adopt the proposed reg- ulations substantially as described in this notice. If the Department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the Department adopts the regulations as revised. Please send requests for copies of the modified text to the listed contact person.

The modified text will also be available on the website at https://hcai.ca.gov/ about/laws–regulations. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 975 XVI. AVAILABILITY OF FINAL STATEMENT OF REASONS The Final Statement of Reasons, including all of the comments and responses, will be available, after its completion, through the Department’s website at https://hcai.ca.gov/about/laws–regulations/. The Final Statement of Reasons will also be available from the above contact person(s). XVII.

AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of this notice, the initial statement of rea - sons, the text of the proposed regulations, and other documents can be accessed through the Department’s website at https://hcai.ca.gov/about/laws–regulations/.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR UPPER SANTA ANA RIVER WASH HABITAT CONSERVATION PLAN 2080–2024–013–06 SAN BERNARDINO COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on July 9, 2024, that San Bernardino Valley Water Conservation District (SBVWCD) proposes to rely on a federal permit to carry out a project that may adversely affect a species protected by the California Endangered Species Act (CESA).

The primary goal of the proposed project is to balance the ground–disturbing activities of water conservation, aggregate mining, recreational activi - ties, and other public services in the plan area with the conservation of natural communities and populations of special–status plants and wildlife.

Proposed activ - ities will include, but are not limited to, activities re - lated to aggregate mining; water management for the conservation/recharge or extraction of potable water from groundwater basins; creation and maintenance of wells and access roads; construction, operation, and maintenance of planned transportation facilities; development of trails; habitat enhancement and mon - itoring; and continued operations and maintenance of existing citrus groves.

The proposed project will oc - cur on 4,892.2 acres in southwestern San Bernardino County, California, approximately 1 mile downstream of the Seven Oaks Dam.

SBVWCD prepared a Habitat Conservation Plan (HCP) which considered the effects of the proposed project on state and federally endangered slender– horned spineflower ( Dodecahema leptoceras ), state and federally endangered Santa Ana River woolly– star ( Eriastrum densifolium subsp. sanctorum ), state and federally endangered San Bernardino kangaroo rat (Dipodomys merriami parvus ), and other species that are not jointly listed under CESA and the feder - al Endangered Species Act (ESA). The U.S.

Fish and Wildlife Service (Service) issued a federal incidental take permit (ITP) (Permit Number TE78703D–0) to SBVWCD on July 13, 2020 that authorizes the take of San Bernardino kangaroo rat and other species that are not jointly listed under CESA and ESA. Pursuant to California Fish and Game Code

section 2080.1, SBVWCD is requesting a determination that the ITP and its associated HCP are consistent with CESA for purposes of the proposed project. If CDFW determines the ITP and its associated HCP are consis- tent with CESA for the proposed project, SBVWCD will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project.

DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2024–139–001–R1 Project: North Fork South Fork Noyo River Large Wood Enhancement Project Location: Mendocino County Applicant: Elise Ferrarese, Trout Unlimited Background Project Location: The North Fork of the South Fork (NFSF) Noyo River Large Wood Enhancement Project (Project) is located on the NFSF Noyo River, tributary to the South Fork Noyo River, approximately seven miles southeast of Fort Bragg, California; Assessor’s Parcel Numbers 021–030–11, 021–020–09, 021–020– 10; Latitude/Longitude 39.390915 North, 123.685583 West.

The NFSF Noyo River supports populations of southern Oregon/northern California Coho Salmon (Oncorhynchus kisutch ), steelhead trout ( O. mykiss), and other fish and wildlife species. Project Description : Elise Ferrarese (Applicant) representing Trout Unlimited, proposes to install large wood features in the NFSF Noyo River to improve

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 976 habitat for juvenile and adult salmonids. The aquatic habitat within the NFSF Noyo River is currently sim - plified and has limited amounts of large wood with - in the stream. The Project will improve the existing habitat by installing 265 pieces of large wood, within 54 structures, throughout 1.6 miles of instream habi - tat. The large wood features will be constructed us - ing both unanchored and anchored techniques.

The addition of large wood in the NFSF Noyo River will promote scouring of pools and sorting of gravel, and thereby improve spawning and rearing habitat for ju - venile and adult salmonids. Project Size: The total area of ground disturbance associated with the Project is approximately 4.44 acres and 468 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) 265 pieces of large wood, (2) 18 cubic yards of soil, and (3) 89 bolts used to anchor the large wood features. Project Timeframes: Start date: July 10, 2024 Completion date: October 31, 2025 Work window: July 10 to October 31, with an op - tion for variance or extension with written approval from the Regional Water Board and the California Department of Fish and Wildlife (CDFW).

Water Quality Certification Background : Because the Project’s primary purpose is habitat resto - ration intended to improve the quality of waters in California, the North Coast Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) Number 1B24076WNME, Electronic Content Management Identification (ECM PIN) Number CW–895349 for the Project.

The NOA describes the Project and re - quires the Applicant to comply with terms of the Order. Additionally, the Applicant has provided a sup- plemental document that sets forth measures to avoid and minimize impacts to Coho Salmon, steelhead trout, and other fish, wildlife, and plant species.

Receiving Water: NFSF Noyo River, tributary to the South Fork Noyo River Filled or Excavated Area: Permanent area impacted: 0.35 acres Temporary area impacted: 4.08 acres Length permanently impacted: 468 linear feet Length temporarily impacted: 0 linear feet Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Project, as described in the Notice of Intent (NOI) complies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.).

Noticing: On June 25, 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 protection measures are consistent with the Habitat Restoration and Enhancement 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 Office of Administrative Law on June 26, 2024, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. Notice Register 28–

Z) on July 12, 2024. Upon approv- al, CDFW will file a final notice pursuant to Fish and Game Code

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

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

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

Section 401 General 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

section 1653, subdivision (b) (4), were included in an attach - ment to the NOI, which contains the following catego- ries:

(1) Construction–period Water Quality Protection and Erosion and Sedimentation Control Measures;

(2) Post–construction and Sediment Control and Water Quality Protection Requirements;

(3) General Program Conditions for Vegetation Management; and

(4) General Measures to Avoid Impacts on Biological Resources. The specific avoidance and minimiza - tion requirements are found in an attachment to the NOI, Additional Pages — Small Habitat Restoration Project 401 Notice of Intent (North Fork South Fork Noyo River).

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 977 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 monitor - ing parameters and protocols. Specific requirements of the plan are found in an attachment to the NOI, Monitoring and Reporting Plan, North Fork South Fork Noyo River Large Wood Enhancement Project , prepared by Trout Unlimited and the Blencowe Watershed Management.

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. Applicant shall include the project name, WDID num- ber, and ECM PIN 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 General Order. Applicant shall submit documents electronically to: Nicholas.VanVleet@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

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

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

Chapter 6 (commenc - ing with

section 1600) and

Chapter 10 (commenc - ing with

section 1900) of this Division and

Chapter 1.5 (commencing with

section 2050) of Division 3. Additionally, 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).) DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION N U M BER 1653–2024–140–001–R1 Project: Middle Creek Coho Enhancement Project Location: Siskiyou County Applicant: Florance Condo (Mid Klamath Watershed Council) Background Project Location: The Middle Creek Coho Enhancement Project (Project) is located along Middle Creek, tributary to Horse Creek, within the Klamath River watershed in Siskiyou County, at properties owned by Brenda Goodman, Stephen Riede, and Robert DeCoursey, Assessor Parcel Numbers (APN) 007–590–221, 007–590–231, and 007–590–091.

Latitude 41.84803 North and Longitude –123.02920 West. Middle Creek supports populations of state and federally threatened Southern Oregon/Northern California Coast coho salmon (Oncorhynchus kisutch). Project Description: The Mid Klamath Watershed Council (Applicant) proposes to enhance or restore habitat within Middle Creek to provide a net conserva- tion benefit for coho salmon. The Project includes the creation of fourteen large woody debris structures and an off–channel habitat pond adjacent and connected to Middle Creek.

An excavator will be used to construct the fourteen instream log structures as well as the off– channel pond. The instream log structures will consist of channel spanning logs (35 ft), logs with rootwads (ranging from 16–25 feet), and boulders (1–2 ton). The off–channel pond will be approximately 200 feet by 20 feet and eight feet deep at its deepest point (2,988 square feet). Approximately 1,800 cubic yards of boul- der, cobble, gravel, sand, and silt will be excavated and placed southeast of the site, on higher ground accessi- ble by an existing road.

Site access will largely utilize existing roadbeds and will require minimal disturbance of vegetation and soil displacement. Any native vegetation removed during excavation will be salvaged and replanted along the pond’s perimeter or repurposed as complex cover within the pond. Native grass seed and weed– free straw and mulch will be spread on all bare soil areas. An excavator will also be used to construct the fourteen instream log structures. No mechanized equipment will operate within any wetted channel; however, the excavator bucket will be used to place large wood structures into the channel and impacts to

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 978 existing native riparian vegetation will be avoided to the extent feasible. The Project will be implemented during the low– stream flow period in late Summer or early Fall and dewatering the channel will not be necessary. The pond site will be excavated to near completion with - out connection to the stream channel during the driest time of year. Any suspended sediments in the ponds will be allowed to settle prior to connection.

The fi - nal connection of the ponds to the stream channel will be done by the least intrusive means possible; either using an excavator or by hand. A silt fence will be in place during final connection to prevent any sediment from entering the stream. A pump will be on site to pump any water, if needed, into identified adjacent up- land catchment areas to dewater the excavation sites. Exposed cutbanks and fill will be covered with weed– free straw to prevent surface erosion. Since there is lit- tle to no flow through the ponds, no sediment delivery is expected after initial construction.

All mechanized equipment fueling, servicing, and overnight parking will occur at least 200 feet from any wetted channel and all machinery will be thoroughly inspected and cleaned prior to implementation. Project Size: The total area of ground disturbance associated with the Project is approximately 0.2 acres and 420 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) large wood and wood with root wads and (2) soil.

Project Timeframes: Start date: August 2024 Completion date: November 2024 Work window: August 1st–November 15 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 fish rearing habitat, the North Coast Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) Number 1A24060WNSI, Electronic Content Management Identification (ECM PIN) Number CW– 894859; for the Project.

The NOA describes the Project and requires the Applicant to comply with the terms of the Order. Additionally, the Applicant has provided a supplemental document that sets forth measures to avoid and minimize impacts to coho salmon. Receiving Water: Middle Creek tributary to Horse Creek. Filled or Excavated Area: Permanent area impact - ed: none Temporary area impacted: 0.20 acres maximum Length permanently impacted: 0 linear feet Length temporarily impacted: 420 linear feet Discharge Volume: 135 logs (16–25 ft long and 6–14 inches in diameter) and a minor amount of soil.

Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Project, as described in the Notice of Intent (NOI) complies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.). Noticing: On July 9, 2024, the Director of the California Department of Fish and Wildlife (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 protection measures are consistent with the Habitat Restoration 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 July 9, 2024, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. Notice Register 29–

Z) on July 19, 2024. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code sec- tion 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 Project, as required by Fish and Game Code

section 1653, subdivision (b) (4), were included in an attach - ment to the NOI. The specific avoidance and mini - mization requirements are found in the addendum titled: 2024–MKWC–Middle Creek Coho Habitat Enhancement Project Avoidance and Minimizations

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 979 in the

section titled, Avoidance and Minimization Methods

Summary (beginning on page 7), 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 monitoring parameters and protocols. Specific requirements of the plan are found in an attachment to the NOI titled: 2024–MKWC–Monitoring–Plan–Middle Creek Coho Habitat Enhancement Project (CA) in the

section ti - tled, Monitoring Plan 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. Applicant shall include the project name, WDID num- ber, and ECM PIN 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 General Order. Applicant shall submit documents electronically 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).) DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2024–142–001–R3 Project: San Gregorio Creek Habitat Enhancement Apple Orchard Project Phase 2 Location: San Mateo County Applicant: Christina Kelleher, San Mateo Resource Conservation District Background Project Location: The San Gregorio Creek Habitat Enhancement Apple Orchard Project Phase 2 (Project) is located within San Gregorio Creek in the La Honda Open Space Preserve specifically known as the “Apple Orchard” property owned and operated by the Midpeninsula Open Space District.

The Project is lo - cated in unincorporated San Mateo County between the communities of San Gregorio and La Honda. San Gregorio Creek is a tributary to the Pacific Ocean and supports populations of Central California Coast (CCC) steelhead ( Oncorhynchus mykiss ), CCC coho salmon (Oncorhynchus kisutch ), and Pacific lamprey (Entosephenus tridentatus).

Project Description : Christina Kelleher, repre - senting San Mateo Resource Conservation District (Applicant) proposes to enhance or restore habitat within San Gregorio Creek to provide a net conser - vation benefit for Central California Coast (CCC) steelhead ( Oncorhynchus mykiss ), CCC coho salm - on ( Oncorhynchus kisutch ), and Pacific lamprey (Entosphenus tridentatus ).

The Project will enhance the quality and complexity of instream habitat for spawning and rearing salmonids and lamprey and builds upon the previous large wood restoration proj - ects implemented in 2016 (San Gregorio Creek Habitat Enhancement Phase 1 at Apple Orchard). The Project will install 10 habitat features within the stream by augmenting seven existing large wood structures, installing one new large wood structure, and implementing accelerated wood recruitment at two locations directly downstream and upstream of the existing Phase 1 structures.

Approximately 22 pieces of large wood, approximately 18–24 inches in diameter and approximately 60–70 feet in length, will be used on–site and/or felled and installed with the use of heavy equipment such as an excavator and a dozer.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 980 Augmented and newly installed large wood structures will either be anchored to each other, to boulders, to soil anchors on the bank, or some combination there - of, using threaded metal rod and polyester resin adhe- sive. Approximately 5 alders and 1 redwood and asso- ciated root wads will be felled into the creek at the two accelerated recruitment locations. Dewatering of the stream is not anticipated for installation of the large wood structures; however, a temporary creek crossing will be necessary to mobilize equipment.

Project Size: The total area of ground disturbance associated with the Project is approximately 0.99 acres and 364 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) 137 cubic yards (cy) of large wood, (2) 2 cy of rock rip–rap, (3) 11 cy of slash wood material, and (4) 295 linear feet of anchoring material.

Project Timeframes: Start date: September 2024 Completion date: October 2026 Work window: September 1–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 spawning and rearing habitat for CCC steelhead, CCC coho salmon, and Pacific lamprey, the San Francisco Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) Number 2CW456429, RM Number 456429, Place ID 894261) for the Project.

The NOA describes the Project and requires the Applicant to comply with terms of the Order. Additionally, the Applicant has provided a supplemental document that sets forth measures to avoid and minimize impacts to aquatic and terrestrial wildlife species. Receiving Water: San Gregorio Creek Filled or Excavated Area : Permanent area impact - ed: 0.05 acres Temporary area impacted: 0.40 acres Dredge Volume: None Discharge Volume : 137 cubic yards (cy) of large wood, 2 cy of rock rip–rap, 11 cy of slash wood mate- rial, and 295 linear feet of anchoring.

Project Location: Latitude 37.3185 North, Longitude –122.2979 West (NAD 83); Assessor Parcel Number (APNs) 082150030 and 082150040. Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Project, as described in the Notice of Intent (NOI) complies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.). On July 8, 2024, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

section 1653 that the NOA, NOI, and related species protection mea - sures are consistent with the Habitat Restoration and Enhancement 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 Office of Administrative Law on July 15, 2024, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. Notice Register 30–

Z) on July 26, 2024. Upon approv- al, 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 Project, as required by Fish and Game Code

section 1653, subdivision (b) (4), were included in an attach - ment to the NOI, which contains the following catego- ries:

(1) Construction Windows and Time Restrictions,

(2) Pre–construction Surveys,

(3) Qualified Biologist Construction Monitoring,

(4) Invasive Species and Contamination Prevention,

(5) General Protection Measures during Construction,

(6) In–Water Work Requirements,

(7) Fish Relocation, Dewatering, and Diversion Requirements,

(8) Erosion and Sediment Control Requirements,

(9) Native Vegetation Avoidance and Minimization and Revegetation Requirements,

(10) Herbicide Use Restrictions,

(11) Sensitive and Listed Species–Specific Protection Measures, and

(12) General Biological Resource Protection Measures. The specific avoidance and

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 981 minimization requirements are found in an attach - ment to the NOI, Biological Resource Evaluation San Gregorio Creek Habitat Enhancement Project at Apple Orchard, Phase 2 Appendix C Avoidance and Minimization Measures. 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, Monitoring and Reporting Plan San Gregorio Creek Habitat Enhancement at Apple Orchard Phase 2 Project , prepared by the San Mateo Resource Conservation District.

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, RM Number, and Place ID indi - cated 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. Applicant shall include the project name, WDID number, RM Number, and Place ID with all future inquiries and document submittals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall submit the monitoring plan, moni - toring report, and notice of completion to CDFW as required by the General Order. Applicant shall sub - mit documents electronically to: Desiree.Delavega@ 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)). DEPARTMENT OF HEALTH CARE SERVICES/DEPARTMENT OF DEVELOPMENTAL SERVICES PROPOSED AMENDMENTS TO MEDI– CAL HOME AND COMMUNITY BASED SERVICES (HCBS) 1915(

C) WAIVER FOR THE DEVELOPMENTALLY DISABLED The Department of Health Care Services (DHCS) requests input from beneficiaries, providers, and other interested stakeholders concerning a proposed amend- ment to the Medi–Cal 1915(

c) Home and Community– Based Services Waiver for the Developmentally Disabled (HCBS–DD Waiver), a copy of which is attached. Under the Lanterman Developmental Disabilities Services Act (Lanterman Act), Welfare & Institutions (W&

I) Code

section 4500 et seq., people with devel - opmental disabilities, as defined in W&I Code

section 4512(a), are eligible to receive services and supports that meet their individual needs and choices as de - fined in W&I Code

section 4512(a). The Department of Developmental Services (DDS) administers the Lanterman Act. DDS administers the HCBS–DD Waiver. DDS ensures, under the oversight of DHCS as the State Medicaid agency, that the HCBS–DD Waiver is im - plemented by regional centers in accordance with Medicaid law and the State’s approved Waiver appli - cation. Regional centers coordinate, provide, and ar - range or purchase the services and supports available under the HCBS–DD Waiver.

Information about the HCBS–DD Waiver can be found at www.dds.ca.gov/ initiatives/hcbs/ This amendment proposes to: ● Implement the final round of rate increases asso - ciated with rate reform effective January 1, 2025. ● Add a new service titled Person–Centered Future Planning and a corresponding provider type and payment methodology for the service. ● Permit participant–directed as a service deliv - ery method for Community Living Arrangement Services (CLAS) and add a new provider type to CLAS. ● Increase rates for Financial Management Service providers.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 982 The fiscal impact of this amendment is estimat - ed to be $316,000,000 in waiver year three (3) and $327,000,000 in waiver year four (4). All proposed HCBS–DD Waiver amendments must be approved by the Centers for Medicare and Medicaid Services (CMS) to be effective. Public Review and Comments DHCS plans to submit the proposed waiver amend- ment to CMS no later than September 30, 2024, for a proposed effective date of January 1, 2025.

A copy of the proposed waiver amendment will be posted on August 2, 2024, at https://www.dhcs.ca.gov/ services/Pages/Medi–CalWaivers.aspx and at https:// www.dds.ca.gov/initiatives/hcbs/. Copies of the proposed amendment can be obtained by sending a written request to the mailing or email addresses listed below, or by visiting your local re - gional center. Please indicate ‘HCBS Waiver’ in the subject line or message.

Written comments may be sent to the following address: Department of Developmental Services Attention: Jonathan Hill 1215 O Street MS 7–40 Sacramento, CA 95814 Email Federal.Programs@dds.ca.gov To be assured consideration prior to DHCS’ sub - mission of the waiver amendment to CMS, comments must be received no later than September 1, 2024. Please note that comments will continue to be accept - ed after September 1, 2024, but DHCS may not be able to consider those comments prior to the initial submis- sion of the HCBS–DD waiver amendment to CMS.

OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD NOTICE OF PUBLIC MEETING AND BUSINESS MEETING Pursuant to Government Code

section 11346.4 and the provisions of Labor Code Sections 142.1, 142.2, 142.3, 142.4, and 144.6, the Occupational Safety and Health Standards Board (“Board”) of the State of California has set the time and place for a Public Meeting and Business Meeting: PUBLIC MEETING: On September 19, 2024, at 10:00 a.m. in the American River Room of the Rancho Cordova City Hall 2729 Prospect Park Drive, Rancho Cordova, California as well as via the following: ● Videoconference at www.webex.com (meeting ID 1469 63 6425) ● Teleconference at (844) 992–4726 (Access code 1469 63 6425) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At the Public Meeting, the Board will make time available to receive comments or proposals from in - terested persons on any item concerning occupational safety and health.

BUSINESS MEETING: On September 19, 2024, at 10:00 a.m. in the American River Room of the Rancho Cordova City Hall 2729 Prospect Park Drive, Rancho Cordova, California as well as via the following: ● Videoconference at www.webex.com (meeting ID 1469 63 6425) ● Teleconference at (844) 992–4726 (Access code 1469 63 6425) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At the Business Meeting, the Board will conduct its monthly business. DISABILITY ACCOMMODATION NOTICE: Disability accommodation is available upon request.

Any person with a disability requiring an accommo - dation, auxiliary aid or service, or a modification of policies or procedures to ensure effective communica- tion and access to the public hearings/meetings of the Board should contact the Disability Accommodation Coordinator at (916) 274–5721 or the state–wide Disability Accommodation Coordinator at 1 (866) 326–1616 (toll free). The state–wide Coordinator can also be reached through the California Relay Service, by dialing 711 or 1 (800) 735–2929 (TTY) or 1 (800) 855–3000 (TTY–Spanish).

Accommodations can include modifications of pol - icies or procedures or provision of auxiliary aids or services. Accommodations include, but are not limited to, an Assistive Listening System (ALS), a Computer– Aided Transcription System or Communication Access Realtime Translation (CART), a sign–language inter - preter, documents in Braille, large print or on comput- er disk, and audio cassette recording. Accommodation requests should be made as soon as possible. Requests for an ALS or CART should be made no later than five (5) days before the hearing.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 983

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. California Health Benefit Exchange File # 2024–0611–01 Eligibility, Enrollment, and Appeals Process for the Individual Exchange In this certificate of compliance, the California Health Benefit Exchange makes permanent the amendments made in its emergency regulations. The amendments relate to

definitions, abbreviations, stan - dards for notice, standards for eligibility determina - tion and redetermination for qualified health plans, requirements for coverage eligibility, procedures for termination of coverage, and an appeals process.

Title 10 Amend: 6408, 6410, 6452, 6454, 6470, 6472, 6474, 6476, 6478, 6482, 6484, 6486, 6490, 6492, 6494, 6496, 6498, 6500, 6502, 6504, 6506, 6508, 6602, 6604, 6606, 6608, 6610, 6612, 6614, 6616 Filed 07/24/2024 Effective 07/24/2024 Agency Contact: Faviola Ramirez–Adams (916) 228–8668 California Energy Commission File # 2024–0712–01 SB X1–2 Merchant Terminal Position Holder Reporting Requirements This emergency rulemaking action by the California Energy Commission amends regulations and appendi- ces to further implement the nonrefiner reporting re - quirements in Public Resources Code

section 25354, subdivision (k). These amendments are deemed to be an emergency and shall remain in effect for two years pursuant to Public Resources Code

section 25367, sub- division (a). Title 20 Amend: 1363.2, 1366, and Appendix A and B of Division 2,

Chapter 3,

Article 3 Filed 07/22/2024 Effective 07/22/2024 Agency Contact: Chad Oliver (916) 891–8569 Fish and Game Commission File # 2024–0712–02 Deer Tagging, Reporting, and Testing Requirements This emergency action by the California Fish and Game Commission (FGC) amends the existing deer tagging and reporting regulation by adding a require - ment for testing to address the presence of Chronic Wasting Disease (CWD) in the cervid (deer, elk, moose, and caribou) population in California.

Title 14 Amend: 708.5 Filed 07/22/2024 Effective 07/22/2024 Agency Contact: Jennifer Bacon (916) 902–9285 California State University File # 2024–0611–02 Implementation of the Student Transfer Achievement Reform Act of 2021 This action by the Board of Trustees of the California State University — submitted to OAL for courtesy fil- ing with the Secretary of State and for printing in the California Code of Regulations — amends and adopts regulations that implement the Student Transfer Achievement Reform Act of 2021.

This action is ex - empt from the Administrative Procedure Act and takes effect upon filing with the Secretary of State pur- suant to Education Code sections 89030 and 89030.1, respectively. Title 05 Adopt: 40405.5 Amend: 40803, 40803.1, 40804, 40804.1, 40405, 40405.1, 40405.2 Filed 07/24/2024 Effective 07/24/2024 Agency Contact: Jason Taylor (562) 951–4500 Department of Industrial Relations File # 2024–0611–06 Labor Code

Section 62.5(

f) Employer Assessments This action adopts an assessment waiver for the Revolving Fund Assessment, Subsequent Injuries Fund Assessment, Labor Enforcement and Compliance Fund Assessment, Occupational Safety and Health Fund Assessment, and Uninsured Employers Fund Assessment amounts. This action was submitted as exempt from the rulemaking provisions of the

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 984 Administrative Procedure Act and OAL review pursu- ant to Labor Code

section 62.5. Title 08 Adopt: 15606.1 Amend: 15600, 15601, 15603, 15605, 15606, 15608, 15611 Filed 07/24/2024 Effective 07/24/2024 Agency Contact: Josh Iverson (916) 574–8692 Department of Insurance File # 2024–0618–03 Workers’ Compensation Classification/Rating Rules In this file–and–print action, the Department of Insurance amends the California Workers’ Compensation Uniform Statistical Reporting Plan–1995, the California Workers’ Compensation Experience Rating Plan–1995, and the Miscellaneous Regulations for the Recording and Reporting of Data– 1995.

These publications are incorporated by refer - ence in Sections 2318.6, 2353.1, and 2354, respective- ly, of Title 10 of the California Code of Regulations. The full text of each publication is available at the Insurance Commissioner’s office and is published by the Workers’ Compensation Insurance Rating Bureau of California. These amendments are exempt from the Administrative Procedure Act under the “rates” ex - emption of Government Code

section 11340.9(

g) and become effective September 1, 2024. Title 10 Amend: 2318.6, 2343.1, 2354 Filed 07/22/2024 Effective 09/01/2024 Agency Contact: Yvonne Hauscarriague (415) 258–4417 California Department of Tax and Fee Administration File # 2024–0610–03 Coins and Bullion This action by the California Department of Tax and Fee Administration makes changes without regulatory effect to align sales tax exemption dates for specified sales of coins and bullion with Revenue and Taxation Code,

section 6355. Title 18 Amend: 1599 Filed 07/23/2024 Agency Contact: Kim DeArte (916) 309–5227 California Gambling Control Commission File # 2024–0604–02 Third–Party Providers of Proposition Player Services Compliance Correction This action without regulatory effect corrects an error regarding reporting certain playing book irreg - ularities to the Bureau of Gambling Control in the California Department of Justice.

Title 04 Amend: 12290 Filed 07/17/2024 Agency Contact: Josh Rosenstein (916) 274–5823 Department of Social Services File # 2024–0621–03 Repeal Quality Control from CalWORKs MPP This action without regulatory effect deletes all Manual of Policies and Procedures (MPP) Aid to Families with Dependent Children (AFDC) Quality Control (QC) and QC review requirements and proce- dures which have become obsolete and superseded by the California Work Opportunity and Responsibility to Kids (CalWORKs) program pursuant to Assembly Bill 1542 (Chapter 270, Statutes of 1997).

Title MPP Amend: 40–105, 40–131, 40–181, 40–200 Repeal: 40–201, 40–203, 40–205, 40–207, 40–209, 44–206.25, 89–115.21 Filed 07/24/2024 Agency Contact: Tyler Penn (916) 204–0337 Acupuncture Board File # 2024–0607–03 Continuing Education: Law and Ethics This regular rulemaking action by the Acupuncture Board revises the continuing education requirements for licensed acupuncturists by adding a requirement to complete at least four hours of law and ethics edu - cation as part of the total continuing education hours necessary to renew an active license or to restore an inactive license to active status.

In the case of a license that has been inactive for less than one year, this ac - tion also changes from 22 hours to 22.5 hours the total amount of Category 1 continuing education necessary to return to the license to active status. Title 16 Amend: 1399.480, 1399.489, 1399.489.1 Filed 07/22/2024 Effective 10/01/2024 Agency Contact: Kristine Brothers (916) 471–0735

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 985 California Energy Commission File # 2024–0606–01 Federal and Administrative Updates This action by the California Energy Commission amends appliance efficiency regulations to update provisions to reflect current federal law, revise the data submittal requirements, and update product compliance review and administrative proceeding procedures.

Title 20 Amend: 1601, 1602, 1603, 1604, 1065, 1605.1, 1605.2, 1605.3, 1606, 1607, 1608, 1609 Filed 07/18/2024 Effective 07/18/2024 Agency Contact: Carlos Baez (916) 232–9030 Department of Justice File # 2024–0617–01 Verification of Hunting Licenses This regular rulemaking action by the Department of Justice specifies the procedure for a firearms dealer to submit documentation of hunting license validity confirmation to the Department of Justice in situations where existing law requires the dealer to confirm the purchaser or transferee possesses a valid hunting li - cense as a condition for the sale or transfer of a firearm.

Title 11 Adopt: 4027 Filed 07/24/2024 Effective 10/01/2024 Agency Contact: Marlon Martinez (213) 269–6437 Physician Assistant Board File # 2024–0606–03 SB 697 Implementation This rulemaking action by the Physician Assistant Board updates requirements related to practice agreements. Title 16 Amend: 1399.502, 1399.540, 1399.541, 1399.545 Filed 07/19/2024 Effective 10/01/2024 Agency Contact: Jasmine Dhillon (279) 666–2838 State Water Resources Control Board File # 2024–0607–02 Basin Plan Amendment This action under Government Code

section 11353 amends the San Francisco Bay Region Basin Plan. On December 13, 2023, the San Francisco Bay Regional Water Quality Control Board adopted Resolution Number R2–2023–0026 updating the Basin Plan. The State Water Resources Control Board approved the amendment under Resolution Number 2024–0013 on April 17, 2024. The action (1) corrects errors in certain freshwater objective calculation formulas; (2) clarifies dilution credit policies; (3) allows alternative cyanide dilution credits and mercury concentration triggers; and (4) makes editorial changes to a table.

Title 23 Adopt: 3919.23 Filed 07/22/2024 Effective 07/22/2024 Agency Contact: Tong Yin (510) 622–2418 State Water Resources Control Board File # 2024–0613–02 Hexavalent Chromium Maximum Contaminant Level In this rulemaking action, the State Water Resources Control Board (SWRCB) adopts regulations for a hexavalent chromium maximum contaminant level (MCL) of 10 micrograms per liter and related require- ments, including establishing a detection limit for pur- poses of reporting, specifying analytical methods to be used, identifying the best available technology for treatment, setting public notification and consumer confidence report language, establishing a compliance

schedule based on public water system size, requiring Tier 2 public notification for MCL exceedances prior to applicable compliance dates, and establishing re - quirements for compliance and operations plans.

Title 22 Amend: 64415, 64431, 64432, 64447.2, 64463.4, 64465, 64481 Filed 07/24/2024 Effective 10/01/2024 Agency Contact: Melissa Hall (916) 591–0318 Department of Food and Agriculture File # 2024–0606–02 Commercial Feed Administrative Penalties This action by the Department of Food and Agriculture amends and adopts regulations relating to commercial livestock feed licensees, including notifi - cation requirements and procedures relating to admin- istrative penalties.

Title 03 Adopt: 2765, 2767, 2768, 2769, 2766 Amend: 2675, 2683, 2684, 2685, 2686, 2697, 2701, 2717, 2733, 2750, 2751 Repeal: 2766 Filed 07/18/2024 Effective 10/01/2024 Agency Contact: Erika Lewis (916) 576–0201

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 31–Z 986 Department of Food and Agriculture File # 2024–0611–05 Guava Fruit Fly Eradication Area In this regular rulemaking, the Department of Food and Agriculture is amending regulations to (1) add 10 counties to the eradication area with respect to guava fruit fly (Bactrocera correcta) and (2) revise the list of host plants of guava fruit fly.

Title 03 Amend: 3591.13 Filed 07/17/2024 Effective 10/01/2024 Agency Contact: Rachel Avila (916) 698–2947 Occupational Safety and Health Standards Board File # 2024–0624–03 Heat Illness Prevention in Indoor Places of Employment This action by the California Occupational Safety and Health Standards Board adopts regulations re - lating to heat illness prevention in indoor places of employment.

Title 08 Adopt: 3396 Filed 07/23/2024 Effective 07/23/2024 Agency Contact: Ruth Ibarra (916) 274–5721 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.

Document details

CollectionCalifornia Z Register
CitationCal. Reg. Notice Reg. 2024, No. 31
Typegazette
Languageen
Formatpdf
SourceCA_ZREG
Identifierdb7fca4ed3f476f81ebecdc9a6bffd6783efeb0a

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California Regulatory Notice Register — Register 2024, No. 31-Z (AUGUST 2, 2024) | CaseLite