California Regulatory Notice Register — Register 2025, No. 25-Z (JUNE 20, 2025)
Cal. Reg. Notice Reg. 2025, No. 25
California Z Register
GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2025, NUMBER 25–Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW J UNE 20, 2025 PROPOSED ACTION ON REGULATIONS TITLE 2. LA W REVISION COMMISSION Conflict–of–Interest Code — Notice File Number Z2025–0604–01 ......................................... 773 TITLE 2.
F AIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2025–0610–06 ......................................... 773 AMENDMENT MULTI–COUNTY: Golden Sierra Job Training Agency Stockton East Water Project School and College Legal Services of California STATE AGENCY: Santa Monica Bay Restoration Commission Department of Industrial Relations Office of T ax Appeals TITLE 5. ST ATE SUPERINTENDENT OF PUBLIC INSTRUCTION Attendance Policies in the California State Preschool Program — Notice File Number Z2025–0530–02 ........... 774 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING
Definitions Related to Peace Officer Certificates — Notice File Number Z2025–0609–01 ....................... 777 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Disciplinary Guidelines for Factors for Consideration of Penalty Related to Peace Officer Certification Actions — Notice File Number Z2025–0610–04 ........................................................ 779 TITLE 16. BOARD OF ACCOUNTANCY Disciplinary Guidelines and Model Orders 11th Edition — Notice File Number Z2025–0610–02 ................. 782 TITLE 16.
BOARD OF PHARMACY Medication–Assisted Treatment Protocol — Notice File Number Z2025–0610–03 ............................. 785 (Continued on next page) Time- Dated Material
TITLE 16. VETERINARY MEDICAL BOARD Minimum Standards for Alternate Veterinary Premises — Notice File Number Z2025–0610–01 .................. 788 TITLE 22.
DEPARTMENT OF TOXIC SUBSTANCES CONTROL Safer Consumer Products Regulations, Adding Microplastics to the Candidate Chemical List — Notice File Number Z2025–0610–05 ................................................................. 793 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Honey Lake Wildlife Area Water Delivery Improvement Project, Number 1653–2025–159–001–R1, Lassen County ................................................................................... 797 DEPARTMENT OF FISH AND WILDLIFE Lower Thompson Creek Aquatic Habitat Restoration Project, Number 1653–2025–158–001–R1, Siskiyou County ................................................................................. 799 DEPARTMENT OF FISH AND WILDLIFE Upper Baechtel Streamflow Enhancement Project, Number 1653–2025–161–001–R1, Mendocino County .......... 801
SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 803 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].
It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFOR NIA R EGULATORY NOTICE R EGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $409.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 773 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. LAW REVISION COMMISSION NOTICE IS HEREBY GIVEN that the CALI- FORNIA LAW REVISION COMMISSION, pur - suant to the authority vested in it by
section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on June 9, 2025 and closing on July 28, 2025. All inquiries should be directed to the contact listed below. The CALIFORNIA LAW REVISION COMMISSION proposes to amend its conflict–of–interest code to include employee posi- tions that involve the making or participation in the making of decisions that may foreseeably have a mate- rial effect on any financial interest, as set forth in sub- division (
a) of
section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less bur- densome to affected persons. Changes to the conflict–of–interest code include: updates employee titles and reporting responsibilities and also makes other technical changes. Agencies please choose one option: The proposed amendment and explanation of the reasons can be obtained from the agency’s contact. OR Information on the code amendment is available on the agency’s intranet site and/or attached to this email.
Any interested person may submit written com- ments relating to the proposed amendment by submit- ting them no later than July 28, 2025, or at the con - clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than July 13, 2025. The CALIFORNIA LAW REVISION COMMISSION has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3.
Impose no costs on any local agency or school district that are required to be reimbursed under
Part 7 (commencing with
Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Sarah Huchel, Chief Deputy Director 916–409–6392 California Law Revision Commission c/o Legislative Counsel Bureau 925 L Street, Suite 275 Sacramento, CA 95814 TITLE 2.
FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Po - litical Practices Commission, pursuant to the au - thority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of–interest codes, will review the proposed/ amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Golden Sierra Job Training Agency Stockton East Water District School and College Legal Services of California STATE AGENCY: Santa Monica Bay Restoration Commission Department of Industrial Relations Office of Tax Appeals A written comment period has been established commencing on June 20, 2025, and closing on August 4, 2025.
Written comments should be directed to the Fair Political Practices Commission, Attention: An - drea Spiller Hernandez, 1102 Q Street, Suite 3050, Sacramento, California 95811. 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
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 774 the close of the written comment period, a public hear- ing before the full Commission. If a public hearing is requested, the proposed codes will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Government Code
Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon their own motion or at the request of any interested person, will approve, or revise and approve, or re- turn the proposed codes to the agency for revision and re–submission within 60 days without further notice. Any interested person may present statements, ar - guments, or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest codes.
Any written comments must be received no later than August 4, 2025. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code
Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses, or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Com - mission as the code–reviewing body for the above conflict–of–interest codes shall approve codes as sub- mitted, revise the proposed code, and approve it as re- vised, or return the proposed code for revision and re–submission.
REFERENCE Government Code Sections 87300 and 87306 provide that agencies shall adopt and promulgate conflict–of–interest codes pursuant to the Political Re- form Act and amend their codes when change is ne- cessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict–of–interest codes should be made to Andrea Spiller Hernandez, Fair Political Practices Commis - sion, 1102 Q Street, Suite 3050, Sacramento, Califor - nia 95811, or email aspiller–hernandez@fppc.ca.gov.
AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Andrea Spiller Hernandez, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email aspiller–hernandez@fppc.ca.gov. TITLE 5.
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION ATTENDANCE POLICIES IN THE CALIFORNIA STATE PRESCHOOL PROGRAM NOTICE IS HEREBY GIVEN that the State Su - perintendent of Public Instruction (SSPI) proposes to adopt the regulations described below after consider- ing all comments, objections, or recommendations re- garding the proposed action. The SSPI invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period.
PUBLIC HEARING California Department of Education (CDE) staff, on behalf of the SSPI, will hold a virtual public hearing at 9:00 a.m. on August 6, 2025. Any interested person may participate in the public hearing via a Zoom meeting by logging in per the fol- lowing instructions: ● Click the following link or paste the link to the browser to join the webinar and enter the passcode: https://us02web.zoom.us/j/87875656214 Passcode: 855845
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 775 ● To connect with audio only and no video, call one of the following telephone numbers and enter the meeting ID and passcode: +1 669 219 2599 US (San Jose) +1 669 900 6833 US (San Jose) Meeting ID: 878 7565 6214 Passcode: 855845 For persons intending to attend the Zoom meeting, those persons may check their computers by: ● Clicking on the test link: https://zoom.us/test. ● For any issues regarding connecting with Zoom, go to https://support.zoom.us/hc/en–us for assistance.
At the hearing, any person may present statements or arguments, orally or in writing, relevant to the pro- posed action described in the Informative Digest. The SSPI requests, but does not require, that persons who make oral comments at the public hearing also sub - mit a written
summary of their statements. No oral statements will be accepted subsequent to this public hearing. REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, any individ- ual with a disability who requires reasonable accom- modation to attend or participate in a public hearing on proposed regulations, may request assistance by contacting Essence Noel, Early Education Division, 1430 N Street, Suite 3410, Sacramento, CA, 95814, or by telephone at 916–322–1462, or by email at EEDTitle5@cde.ca.gov.
It is recommended that as - sistance be requested at least two weeks prior to the hearing. WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to: Lorie Adame, Regulations Coordinator Administrative Support and Regulations Adoption Unit California Department of Education 1430 N Street, Room 5319 Sacramento, CA 95814 Comments may also be submitted by fac - simile (FAX) at 916–322–2549 or by email to regcomments@cde.ca.gov. Comments must be received by the Regulations Coordinator prior to or on August 6, 2025.
All writ- ten comments received by CDE staff during the pub- lic comment period are subject to disclosure under the Public Records Act. AUTHORITY AND REFERENCE Authority: Sections 8207 and 8231, Education Code. References: Sections 8205, 8207, and 8231, Educa- tion Code INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Department of Education (CDE) has administered subsidized early education services since the Child Care and Development Services Act (Act) was established in 1980,
chapter 2 of
part 6 of the Education Code (EC), starting at
section 8200 et seq. The intent of the Act is that qualified subsidized early education services be provided to children and families meeting the eligibility criteria established un- der the Act. This Act eventually became known as the Early Education Act in 2021. The Senate Bill (SB) 98, the education omnibus budget trailer bill of 2020, transferred the following childcare programs from the CDE to the California Department of Social Services (CDSS) beginning July 1, 2021:
(1) Alternative payment programs (CAPP);
(2) Migrant alternative payment programs (CMAP);
(3) CalWORKs Stage 2 (C2AP);
(4) CalWORKs Stage 3 (C3AP);
(5) General child care and development pro- grams (CCTR);
(6) Migrant child care and develop- ment programs (CMIG); and
(7) Childcare and devel- opment services for children with severe disabilities (CHAN). The effect of this transfer separated Cali- fornia State Preschool Program (CSPP) from all other childcare and early education programs leaving CDE to administer CSPP , a program which provides subsi- dized preschool services in centers and family child - care homes. In 2021, the CDE promulgated new Title 5 regula- tions, starting at
Section 17700. As part of these new regulations, CDE established a policy on “abandon - ment of care” to align with the federal requirements of the other childcare programs that CDE had adminis - tered until recently, despite the fact that the CSPP con- tains no federal dollars and is not required to follow federal requirements.
However, when the CDE ad- ministered the CSPP and all other childcare programs, the regulations promulgated for CSPP would often be in alignment with the federal requirements for other childcare programs to ensure families could seamless- ly transition from a federally–supported childcare pro- gram into the CSPP once they were age eligible and CDE wanted to continue such practice. However, due to the COVID–19 pandemic, CSPP contracts have been fiscally held harmless for all pro-
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 776 gram years that the abandonment of care policy has been in effect. This means that the regulations requir- ing children’s attendance in the program which im- pact reimbursement have not been applicable; there- fore, there has not been a fiscal impact for contrac- tors due to this abandonment of care policy as there normally would have been.
While the regulations on abandonment of care met the federal requirements for childcare programs, they will create some negative fis- cal consequences that will impact CSPP contractors beginning in the 2025–26 fiscal year. The CDE under- stands that the field is not happy about these negative fiscal consequences which will occur once attendance impacts a contractor’s reimbursement again. If the at- tendance policies are not corrected due to the ending of the fiscal hold harmless for CSPP contracts, con- tractors will face fiscal consequences.
Therefore, CDE is promulgating new attendance policies which will encourage the attendance of children in CSPP while avoiding negative fiscal penalties for the contractors. Policy Statement Overview The objective of these proposed regulations is to en- sure that CSPP contractors are not negatively affected fiscally by current regulations in
Section 17819.5 and to set forth a new, cohesive, and common–sense state- wide policy on attendance that will serve both fami- lies and contractors. This will ensure that contractors are not fiscally impacted by the children’s lack of at- tendance because they are required to keep them en - rolled in the CSPP even if they are not regularly at - tending. These proposed regulations will also provide flexibility and clarification about attendance in CSPP for families.
Anticipated Benefits of the Proposed Regulation The benefit of enacting these proposed regulations includes ensuring contractors are appropriately com - pensated for their work and providing appropriate clar- ity and statewide consistency on the attendance poli- cies for children attending CSPP and ensuring more efficient administration of the CSPP . Evaluation of Inconsistency/Incompatibility with Existing State Regulations An evaluation of the proposed regulations has deter- mined they are not inconsistent/incompatible with ex- isting regulations, pursuant to Government Code Sec- tion 11346.5(a) (3) (D).
After conducting a review of any regulations that would relate to or affect this area of law, the SSPI has concluded that these are the only regulations that concern the Attendance Policies in the California State Preschool Program. DISCLOSURES REGARDING THE PROPOSED ACTION/FISCAL IMPACT The SSPI has made the following initial determinations: Other statutory requirements: There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations or class of regulations. Mandate on local agencies and school districts: None.
Costs to any local agencies or school districts for which reimbursement would be required pursuant to
Part 7 (commencing with
section 17500) of division 4 of the Government Code: None. Cost or savings to any state agency: None. Other non–discretionary costs or savings imposed on local agencies, including local educational agen - cies: None. Costs or savings in federal funding to the state: None. Effect on housing costs: None. Significant, statewide adverse economic impact di- rectly affecting business including the ability of Cali- fornia businesses to compete with businesses in other states: None.
Cost impacts on a representative private person or business: The SSPI is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Report required: The proposed regulations do not require a report to be made. Effect on small businesses: The proposed regula- tions would not have an effect on any small business because they are only relevant to California State Pre- school Programs contracted through the CDE.
RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment — Gov. Code
Section 11346.5(a) (10): The SSPI concludes that it is unlikely that these proposed regulations will: 1) create or eliminate jobs within California; 2) create new businesses or elimi- nate existing businesses within California; or 3) affect the expansion of businesses currently doing business within California. Benefits of the Proposed Action: The proposed reg- ulations will benefit children and families in Califor- nia as they take advantage of high–quality early ed - ucation programs guided by these proposed regula -
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 777 tions. The proposed regulations are not expected to af- fect worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5(a) (13), the SSPI must determine that no rea- sonable alternative considered or that has otherwise been identified and brought to the attention of the SSPI 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 SSPI invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations during the written comment period.
CONTACT PERSONS Inquiries concerning the content of these proposed regulations should be directed to: California Department of Education Early Education Division Guidance and Regulations Office Attention: Essence Noel 1430 N Street, Suite 3410 Sacramento, CA 95814 Telephone: 916–322–4883 Email: EEDTitle5@cde.ca.gov Inquiries concerning the regulatory process may be directed to Lorie Adame, Regulations Coordina - tor, or the backup contact person, Gerri White, Reg - ulations Analyst.
The Regulations Coordinator and the Regulations Analyst may be reached by email at regulations@cde.ca.gov or by telephone at 916 –319– 0860. Availability of Initial Statement of Reasons, Text of Proposed Regulations and Information As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulations, the Initial State- ment of Reasons (ISOR) and Fiscal and Economic Im- pact Statement (STD. 399). These documents upon which the proposed action is based may be obtained upon request from the Regulations Coordinator.
In ad- dition, this Notice, the text of the proposed regulations and the ISOR may also be viewed on CDE’s website at http://www.cde.ca.gov/re/lr/rr/. AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SSPI may adopt the proposed regulations substantially as de - scribed in this Notice or may modify the proposed regulations if the modifications are sufficiently relat- ed to the original text.
With the exception of techni- cal or grammatical changes, the full text of any mod- ified regulation will be available to the public for at least 15 days prior to its adoption from the Regula - tions Coordinator and will be mailed to those persons who submit written comments related to this regula- tion, or who provide oral testimony at the public hear- ing, or who have requested notification of any chang- es to the proposed regulations. The CDE will accept written comments on the modified regulations for 15 days after the date on which they are made available.
AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE You may obtain a copy of the Final Statement of Reasons, once it has been finalized, by making a writ- ten request to the Regulations Coordinator. All the information upon which the proposed reg- ulations are based is contained in the rulemaking file which is available for public inspection by contacting the Regulations Coordinator.
AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regula- tions with modifications highlighted, as well as the Fi- nal Statement of Reasons, when completed, and mod- ified text, if any, can be accessed via CDE’s website at http://www.cde.ca.gov/re/lr/rr/. TITLE 11.
COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described be - low in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC) sec- tion 11346.8, any interested person, or their duly au - thorized representative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 778 PUBLIC COMMENTS DUE BY AUGUST 4, 2025. Notice is also given that any interested person, or authorized representative, may submit written com- ment(
s) relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Katelynn Poulos, katelynn.poulos@post.ca.gov or by letter to: Commission on POST Attention: Katelynn Poulos 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)
section 13503 (authority of POST), PC § 13506 (POST authority to adopt reg- ulations) and PC § 13510 (POST authority to estab- lish minimum standards). This proposal is intended to interpret, implement, and make specific PC § 13510, which authorizes POST to establish a certification program for peace officers in the state of California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 30, 2021, Governor Newsom signed Senate Bill 2 (SB 2) (2021), which made significant changes to existing Government and Penal Codes, re- spectively.
These changes provide for additional peace officer eligibility requirements and grants POST the authority to certify all peace officers in California, and subsequently take action against those certifications, should POST determine serious misconduct occurred. While the peace officer eligibility requirements went into effect on January 1, 2022, the remaining changes to Government and Penal Codes went into effect on January 1, 2023. POST continues to review and up- date processes and regulatory actions in response to the implementation of SB 2 (2021).
This rulemaking action clarifies and makes specific the definition of terms related to peace officer certifi- cation and/or appointment, eligibility for professional certificates, and terms related to the serious miscon- duct hearing process. The regulatory amendment pro - posed in this rulemaking action will provide defini- tions for the following additional terms: Accusation, Cancelled Appointment, Cancelled Certificate, Con - ditional Certification, Corporal, Default Revocation, Denied Appointment, Denied Certificate Application, Expired, Revoked, and Stipulated Settlement.
The reg- ulatory amendment proposed in this rulemaking ac - tion will also provide updated
definitions for the fol- lowing terms: First–level Supervisory Position , and Middle Management Position. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend- ments to the regulation will provide clarity by amend- ing existing terms and providing additional terms re- lated to peace officer certification. This will increase the efficiency of the state of California in deliver- ing services to stakeholders. Thus, law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare in the state.
The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex- isting regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state. FORMS INCORPORATED BY REFERENCE There are no forms incorporated by reference.
DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with GC §§ 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None.
Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. Significant, statewide adverse economic impact di- rectly affecting California businesses: POST has de- termined that the proposed regulations will not have a significant, statewide adverse economic impact direct- ly affecting businesses, including the ability of Cali- fornia businesses to compete with businesses in oth- er states. Significant effect on housing costs: None.
Small Business Determination: POST has deter - mined that the proposed regulations will not affect small businesses because the regulation addresses pro-
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 779 viding clarity by amending existing terms and provid- ing additional terms related to peace officer certifica- tion. Additionally, the Commission’s main function to establish and maintain training standards for law en- forcement has no financial effect on small businesses.
RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the propos- al will create nor eliminate jobs in the state of Cali- fornia, (2) unlikely that the proposal will create new businesses nor eliminate any existing businesses, and (3) unlikely that the proposed regulations will result in the expansion of businesses currently doing business within the state.
Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the ef- ficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, pro- tection of public health, safety, and welfare in Califor- nia. There would be no impact that would affect work- er safety or the state’s environment.
CONSIDERATION OF ALTERNATIVES In accordance with GC § 11346.5, subdivision (a) (13), POST must determine that no reasonable al- ternative it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro- posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per- sons and equally effective in implementing the statu- tory policy or other provision of law than the proposed action.
CONTACT PERSONS Questions regarding this proposed regulatory ac - tion may be directed to Katelynn Poulos , Commis - sion on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630 at (916) 227– 4894 or to Michelle Weiler at (916) 227–4870. TEXT OF PROPOSAL Individuals may request copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu- lations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramen- to, CA 95605–1630.
These documents are also lo - cated on the POST Website at https://post.ca.gov/ Regulatory–Actions. ADOPTION OF PROPOSED REGULATIONS/AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod- ify the proposal if such modifications remain suffi- ciently related to the text as described in the Informa- tive Digest.
If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.
AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is avail- able for public inspection by contacting the person(
s) named above. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(
s) named above. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to adopt a new regulation in Division 2 of Title 11, of the California Code of Regulations, as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code sec - tion 11346.8, any interested person, or their duly au - thorized representative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 780 PUBLIC COMMENTS DUE BY AUGUST 4, 2025. Notice is also given that any interested person, or authorized representative, may submit written com- ments relevant to the proposed regulatory action by fax at (916) 227–2801, by email to Michelle Weiler, or by letter to: Commission on POST Attention: Michelle Weiler 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)
section 13503 (authority of POST), PC
section 13506 (POST authority to adopt regulations). This proposal is intended to interpret, im- plement, and make specific PC
section 13503(e), which authorizes POST to develop and implement programs to increase the effectiveness of law enforcement, in- cluding peace officer selection and certification and programs involving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 30, 2021, Governor Newsom signed Senate Bill (SB) 2. SB 2 made significant changes to existing Government and Penal Codes, respectively. These changes provide for additional peace officer hir- ing eligibility requirements.
SB 2 also grants POST the authority to certify all peace officers in California, and subsequently take action against those certifications, should POST determine serious misconduct occurred. While the peace officer eligibility hiring requirements went into effect on January 1, 2022, the remaining changes to Government and Penal Codes went into ef- fect on January 1, 2023. POST is continuing to assess the requirements of SB 2 and adopt new or amend cur- rent regulations to meet these requirements.
This rulemaking action proposes to adopt Commis - sion Regulation 1216 and incorporate by reference, the POST Disciplinary Guidelines: Factors for Consider- ation of Penalty Related to Peace Officer Certifica - tion Actions (2025). The proposed regulation and in - corporated disciplinary guidelines will help establish consistent guidelines for considering whether
an act, or acts, of serious misconduct warrant(
s) suspension or revocation of a subject peace officer’s certification. The proposed regulation and incorporated disci - plinary guidelines will provide a framework for the administrative law judges (ALJs) of the Office of Ad- ministrative Hearings (OAH) in recommending appro- priate disciplinary actions to the Commission based on the nature and severity of the allegation of serious misconduct. This is necessary as the ALJs who will be conducting the evidentiary hearings will not necessar- ily possess the experience or specialized knowledge of investigations into peace officer misconduct.
As these hearings will be held throughout the State, the pro- posed disciplinary guidelines will ensure a consistent framework and application when considering the facts of the case alongside potential aggravating and miti - gating factors throughout the State. By providing clear guidelines, the proposed regulation and incorporated disciplinary guidelines will also increase the effective- ness of law enforcement standards for peace officers in preserving the peace, protection of public health and safety, and welfare of California.
There would be no effect regarding the environment, the prevention of discrimination, and the increase in openness and transparency in business and government. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed regulation and incorporated disciplinary guidelines will provide clarity related to potential disciplinary actions taken against a peace officer’s certification when they have been found to have engaged in acts of serious mis - conduct as defined in Penal Code
section 13510.8 and Commission Regulation 1205. Additionally, the pro - posed regulation and incorporated disciplinary guide - lines will increase the effectiveness of law enforce- ment standards for peace officers in preserving peace, protection of public health and safety, and welfare of California. There would be no effect in regard to the environment, the prevention of discrimination, and the increase in openness and transparency in business and government.
Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that the proposed regulation is not inconsistent nor incompatible with existing reg- ulations. After conducting a review for any regula- tions that would relate to or affect this area, POST has concluded that this is the only regulation that concerns disciplinary guidelines. FORMS INCORPORATED BY REFERENCE There are no forms to be incorporated by reference.
However, the POST Disciplinary Guidelines: Factors for Consideration of Penalty Related to Peace Officer Certification Actions (2025) is a 29–page document that will be incorporated by reference.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 781 DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None.
Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. Significant, statewide adverse economic impact di- rectly affecting California businesses: POST has de- termined that the proposed regulations will not have a significant, statewide adverse economic impact direct- ly affecting businesses, including the ability of Cali- fornia businesses to compete with businesses in oth- er states. Significant effect on housing costs: None.
Small Business Determination: POST has deter - mined that the proposed regulations will not affect small business because the regulations only affect state agencies that are adopting, amending, or repeal - ing regulations. Additionally, the Commission’s main function to select and maintain hiring, training, and certification standards for law enforcement has no ef- fect financially on small businesses.
RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the propos- al will create nor eliminate jobs in the state of Cali- fornia, (2) unlikely that the proposal will create new businesses nor eliminate any existing businesses, and (3) unlikely that the proposed regulations will result in the expansion of businesses currently doing business within the state.
Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser- vices to stakeholders by establishing consistent guide- lines for considering whether
an act, or acts, of serious misconduct warrant(
s) suspension or revocation of a subject peace officer’s certification. Thus, law enforce- ment standards are maintained and effective in pre- serving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a) (13), POST must determine that no reasonable alternative it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is proposed, or would be as ef- fective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law than the proposed action.
CONTACT PERSONS Questions regarding this proposed regulatory ac - tion may be directed to Michelle Weiler, Commission on POST, 860 Stillwater Road, Suite 100, West Sac- ramento, CA 95605–1630 at (916) 227– 4870. General questions regarding the regulatory process may be di - rected to Katelynn Poulos at (916) 227–4984.
TEXT OF PROPOSAL Individuals may request copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu- lations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630. These documents are also located on the POST Website.
ADOPTION OF PROPOSED REGULATIONS/AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod- ify the proposal if such modifications remain suffi- ciently related to the text as described in the Informa- tive Digest.
If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 782 modified t ext f or 1 5 d ays a fter t he d ate t hat t he r evised text is made available. AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The r ulemaking fi le c ontains a ll i nformation up on which P OST is b asing t his p roposal a nd is a vail- able f or p ublic i nspection b y c ontacting t he p erson(
s) named above. As of the date this notice is published in t he N otice R egister, t he r ulemaking fi le c onsists o f this n otice, t he p roposed t ext o f t he r egulations, a nd the initial statement of reasons. To request a copy of the Final Statement of Reasons once i t h as b een a pproved, s ubmit a w ritten r equest t o the contact person(
s) named above. TITLE 16. B OARD OF ACCOUNTANCY DISCIPLINARY GUIDELINES AND MODEL ORDERS 11TH EDITION NOTICE IS HEREBY GIVEN that the California Board o f A ccountancy ( CBA) is p roposing t o t ake t he action d escribed i n t he I nformative D igest b elow, a fter consideration of all comments, objections, and recom- mendations regarding the proposed action. PUBLIC HEARING The CBA has not scheduled a public hearing on this proposed a ction.
H owever, t he C BA w ill h old a h ear- ing i f i t r eceives a w ritten r equest f or a p ublic h earing from any interested person, or his or her authorized representative, no later than 15 days prior to the close of t he w ritten c omment p eriod. A h earing m ay b e r e- quested b y m aking s uch r equest i n w riting a ddressed to the individuals listed under “Contact Person” in this notice.
WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No - tice, must be received by the CBA at its office no later than by Monday, August 4, 2025, or must be received by the CBA at the hearing, should one be scheduled.
AUTHORITY AND REFERENCE Pursuant to the authority vested by Sections 5010, 5018 and 5116 of the Business and Professions Code 1 (BPC); a nd S ection 1 1400.20 o f t he G overnment Code ( GC), a nd t o i mplement, i nterpret o r m ake s pe- cific S ections 5 018, 5 096, 5 096.5, 5 096.12, 5 100 a nd 5116–5116.6 o f t he B PC; a nd S ection 1 1425.50(
e) o f t he GC, the CBA is considering amending
Section 98 of Division 1 of Title 16 of the California Code of Regu- lations 2 (CCR) (CBA Regulations). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The CBA licenses, regulates, and investigates com - plaints aga inst fi ve d ifferent l icense ca tegories i n C al- ifornia, t otaling a pproximately 1 15,000 l icensees a nd registrants. These licensing categories include Public Accountant, C ertified P ublic A ccountant ( CPA), A c- countancy Corporation, Accountancy Partnership, and o ut–of–state r egistered a ccounting fi rm.
I t is t he CBA ’s duty to enforce and administer the Accoun - tancy A ct C hapter 1 ( commencing w ith se ction 5 000) of Division 3 of the BPC. The CBA is authorized to establish necessary rules and regulations for the en- forcement of the Accountancy Act and laws subject to its jurisdiction (BPC
section 5010). The CBA ’s mission is to protect consumers by en- suring o nly q ualified l icensees p ractice p ublic a c- countancy i n a ccordance w ith e stablished p rofession- al standards. Existing l aw, B PC se ction 5 116, r equires t he C BA to establish criteria for assessing administrative pen - alties for violations of the Accountancy Act. Existing l aw, G C se ction 1 1425.50(
e) s pecifies t hat a penalty may not be based on a guideline, criterion, bulletin, manual, instruction, order, standard of gener- al application, or other rule unless it has been adopted as a regulation. Existing r egulation, C CR s ection 9 8, i ncorporates by reference the CBA ’s “Disciplinary Guidelines and Model Orders, 10 th e dition, 2 019” ( Disciplinary G uide- lines). T he C BA r eviews t he D isciplinary G uidelines for relevancy on a triennial basis and the latest edition was a dopted i n J une 2 021. T he C BA is p roposing t o amend CCR
section 98 to incorporate by reference its “Disciplinary Guidelines and Model Orders, 11 th edi- tion, 2 023” w hich a dopts r ecent p olicy d irection b y t he CBA and makes non–substantive changes. During the July 2023 meeting, the CBA approved the initiation of a rulemaking to include the Na - 1 U nless ot herwise s pecified, a ll s ections r efer t o t he B usiness and Professions Code. 2 Unless otherwise specified, all California Code of Regulations refer to title 16.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 783 tional Association of State Boards of Accountancy (NASBA) Center for the Public Trust (CPT) Eth- ics Leadership Training in the Disciplinary Guide - lines with the intent of promoting ethical practices for licensees receiving discipline. Under this proposal, the NASBA CPT Ethics Lead- ership Training would be added to the Standard Con- ditions of Probation, under Model Order 26, with the existing terms of Ethics Continuing Education.
These trainings are also added under the “If warranted” sec- tion of the Conditions of Probation allowing the CBA to impose one or both trainings depending on the se - verity of the violations of the Accountancy Act and/or CBA Regulations. During the July 2023 meeting, the CBA also decid - ed to add language to the Rehabilitation Evidence sec- tion regarding petitions for reduction of penalty. This proposal adds paragraph “h” to the Rehabilitation Ev- idence
section as an additional type of evidence the Respondent may submit to the CBA. The new para- graph details the supporting documents licensees can include in their Petition for Reduction of Penalty, as it relates to a financial penalty. During the January 2024 meeting, the CBA ap - proved the initiation of a rulemaking to move the exist- ing Tolling of Probation for Out–of–State Residence/ Practice term from a standard term to an optional term of probation. The CBA also decided to add a standard term and condition allowing a licensee to surrender a license while on probation.
The CBA approved staff’s recommendations to include these changes in the next edition of the Disciplinary Guidelines. The existing language under Model Order 23, re- lated to tolling of probation for out–of–state licensees would move to new Model Order 50 under the Option- al Terms for Probation section. The new Model Order 50 would add language providing reference to instanc- es of which would not be considered tolling, therefore allowing the probation term to expire. In place of the old Model Order 23, new language would be added to allow a licensee to surrender a li- cense while on probation.
Due to the critical nature of the document and the fact it is often relied upon by the CBA, licensees, at - torneys, and Administrative Law Judges (ALJs) during the imposition of discipline, the aforemen - tioned revisions are necessary to address the changes that have been made to the process and to ensure the CBA imposes discipline against licensees in a consis - tent manner.
Anticipated Benefits of Proposal The CBA has determined that this regulatory pro - posal will have the following benefits to the health and welfare of California residents, worker safety, and the state’s environment: This regulatory proposal may benefit the health and welfare of California residents because the updated Disciplinary Guidelines will improve clarity for staff, licensees and individuals involved in the disciplinary process.
The proposed changes enable the CBA to meet its mandate to protect consumers by ensuring that a licensee providing public accounting services to consumers is sufficiently rehabilitated and only quali- fied licensees practice public accountancy. This regulatory proposal does not affect worker safety because the regulatory proposal does not relate to worker safety.
Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the CBA has conducted a search of any sim- ilar regulations on this topic and has concluded that these regulations are neither inconsistent nor incom - patible with existing state regulations. INCORPORATION BY REFERENCE Disciplinary Guidelines and Model Orders, 11th Edition (2023). DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None.
The proposed regulations do not result in a fiscal impact to the state. This proposal provides revisions to the CBA ’s Disci- plinary Guidelines, which would provide greater clar- ity to licensees, consumers, the CBA, attorneys, and ALJs by outlining the range of enforcement actions re- lated to violations of the Accountancy Act, CBA Reg- ulations, and other provisions. The CBA does not anticipate additional workload or costs resulting from the proposed regulations. This proposal does not change the fines for violations, so no additional revenues are anticipated.
The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement None.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 784 Mandate Imposed on Local Agencies or School Districts None. Significant Effect on Housing Costs (and, if applicable, including any estimated costs of compliance or potential benefits of a building standard) None. BUSINESS IMPACT ESTIMATES The CBA has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.
This initial determination is based on the following facts/evidence/documents or testimony: The proposed amendments to the Disciplinary Guidelines would only impact CBA licensees who are disciplined and placed on probation for violations of the Accountancy Act or CBA Regulations. The CBA imposes probationary terms on a case–by–case basis and depend on the severity of the violation(s).
The proposed regulatory action would only adverse- ly affect a negligible number of licensees who, through their conduct, subject themselves to disciplinary ac - tion for violations of the laws and regulations with- in the CBA ’s jurisdiction. Any potential “adverse eco- nomic impact” may be avoided simply by complying with the existing laws and regulations governing the practice of public accountancy in California.
Cost Impact on Representative Private Person or Business: The CBA is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.
RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The CBA has determined that the proposed regula - tory action will not have any impact on the following: 1) the creation or elimination of jobs within the state, 2) the creation of new businesses or the elimination of existing businesses within the state, or, 3) the expansion of businesses currently doing busi- ness within the state. This proposal would not have any of the above–referenced impacts as explained in the “Busi- ness Impact Estimates”
section of this notice. Benefits of Regulation: The CBA has determined that this regulatory pro - posal will have the following benefits to the health and welfare of California residents, worker safety, and the state’s environment: This regulatory proposal may benefit the health and welfare of California residents because the updated Disciplinary Guidelines will improve clarity for staff, licensees and individuals involved in the disciplinary process.
The proposed changes enable the CBA to meet its mandate to protect consumers by ensuring that a licensee providing public accounting services to consumers is sufficiently rehabilitated and only quali- fied licensees practice public accountancy. This regulatory proposal does not affect worker safety because the regulatory proposal does not relate to worker safety. Business Reporting Requirements: The regulatory action does not require businesses to file a report with the CBA. Effect on Small Business: The CBA has determined that the proposed regula - tions would not affect small businesses.
The CBA does not maintain data relating to the number or percentage of licensees who are a small business but does not an- ticipate small businesses to be impacted. The proposed amendments to the Disciplinary Guidelines would only impact CBA licensees who are disciplined and placed on probation for violations of the Accountancy Act or CBA regulations. The CBA imposes probationary terms on a case–by–case basis and depend on the severity of the violations.
The proposed regulatory action would only adverse- ly affect a negligible number of licensees who, through their conduct, subject themselves to disciplinary ac - tion for violations of the laws and regulations with- in the CBA ’s jurisdiction. Any potential “adverse eco- nomic impact” may be avoided simply by complying with the existing laws and regulations governing the practice of public accountancy in California. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a) (13), the CBA must determine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed; would be as effective and less burdensome to affected private persons than the proposal described in this No- tice; or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. Any interested person may submit comments to the CBA in writing relevant to the above determina-
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 785 tions at 2450 Venture Oaks Way, Suite 300, Attention Regulatory Coordinator, Sacramento, CA 95833 or by sending an email to Regulations@cba.ca.gov during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The CBA has compiled a record for this regulatory action, which includes the Initial Statement of Rea- sons (ISOR), proposed regulatory text, and all the in- formation on which this proposal is based.
This mate- rial is contained in the rulemaking file and is available for public inspection upon request to the contact per - sons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu- lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the CBA, at 2450 Venture Oaks Way, Suite 300, Attention Regulatory Coordina- tor, Sacramento, CA 95833.
AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the CBA, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently relat- ed to the original text.
With the exception of techni- cal or grammatical changes, the full text of any modi- fied proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the person desig - nated in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.
AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg- ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared by making a writ- ten request to the Contact Person named below or by accessing the website listed below.
CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Diana Godines Address: 2450 Venture Oaks Way, Suite 300 Sacramento, CA 95833 Telephone Number: (279) 226–4599 Fax Number: (916) 263–3675 Email Address: Regulations@cba.ca.gov The backup contact person is: Name: Deanne Pearce Address: 2450 Venture Oaks Way, Suite 300 Sacramento, CA 95833 Telephone Number: (279) 236–3012 Fax Number: (916) 263–3675 Email Address: Regulations@cba.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regu- lations with modifications noted, as well as the Fi- nal Statement of Reasons when completed, and modified text, if any, can be accessed through the CBA ’s website at https://www.dca.ca.gov/cba/about/ pending–regulations.shtml.
TITLE 16. BOARD OF PHARMACY MEDICATION–ASSISTED TREATMENT PROTOCOL NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (Board) proposes taking the rulemaking action described below, under the head- ing Informative Digest/Policy Statement Overview. Any person interested may present statements or ar - guments relevant to the action proposed in writing. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.
The Board will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or that person’s authorized representative, no later than 15 days prior to the close of the written comment period. A hear- ing may be requested by making such request in writ-
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 786 ing, addressed to the individuals listed under “Contact Person” in this notice. WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No - tice, must be received by the Board at its office no later than August 4, 2025, or must be received by the Board at the hearing, should one be scheduled. Authority and Reference : Pursuant to the authority vested by
section 4052 of the Business and Professions Code (BPC), the Board is considering adding
section 1746.6 to Title 16 of the California Code of Regula - tions (CCR). Informative Digest/Policy Statement Overview The California State Board of Pharmacy is a state agency vested with the authority to regulate the phar- macy industry, including pharmacies, pharmacists, and pharmacy technicians (BPC sections 4000, et seq.). The Board’s mandate and mission are to protect the public (BPC
section 4001.1). An estimated 1.4 million Americans are addict - ed to opioid painkillers and 438 thousand have a heroin–related opioid addiction. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), treatment for opi- oid addiction requires continuing care and not an acute–care approach. Many of those with an opioid addiction benefit from treatment with medication for varying lengths of time, including lifelong treatment. Medication–Assisted Treatment (MAT) is used to treat substance use disorders, as well as to sustain recovery and prevent overdose.
Medications used in MAT are approved by the Food and Drug Administration, and MAT programs are clinically driven and tailored to meet each patient’s needs. This patient–centered care empowers patients with information that helps them make better treatment decisions with the healthcare professionals involved in their care. Previously, any prescriber who wished to treat an opioid use disorder with the prescription medication buprenorphine was required to obtain a DATA Waiv- er (X–waiver) from SAMHSA to do so lawfully, and had to complete several hours of specialized training to be approved for the waiver.
The federal government loosened those requirements in 2021, allowing pro- spective prescribers to obtain a waiver without com- pleting training, as long as they limited the number of patients they treated with buprenorphine to thir- ty. Effective January 1, 2023, federal law was amend- ed to expand access to MAT, including removing the X–waiver requirement. As such, and as permitted by applicable state law, all practitioners who have a cur- rent Drug Enforcement Agency registration that in - cludes
Schedule III authority may now prescribe bu- prenorphine to treat Opioid Use Disorder. Existing Pharmacy Law at BPC
section 4052(a) (14) (as amended in 2022) authorizes pharmacists to pro- vide MAT pursuant to a state protocol, to the extent authorized by federal law. The Board’s proposes es- tablishing the state protocol (required by BPC
section 4052(a) (14)), specifically the requirements of appro- priate education and training, providing a confidential area for services, performing an assessment, develop - ing a treatment plan, specific documentation, and col- laborating with health care providers. The protocol was developed in consultation with ex- perts in the field, including: 1. Dr. James Gasper, BCPP, Psychiatric and Sub - stance Use Disorder Pharmacist, California De - partment of Health Care Services. 2. Dr. Talia Puzantian, BCPP, Professor of Clinical Sciences, KGI School of Pharmacy and Health Sciences. 3. Dr.
Michelle Geier, BCPP, Psychiatric Pharmacy Supervisor, San Francisco Department of Public Health, Behavioral Health Services. Anticipated Benefits of the Proposed Regulation The Board has determined that this regulatory pro - posal will have the following benefits to the health and welfare of California residents, and will have no effect on worker safety and the state’s environment. Protection of the public is the Board’s highest pri - ority in exercising its licensing, regulatory, and dis- ciplinary functions.
The proposed regulation will en- sure that there is proper oversight of practitioners who provide medication–assisted treatment (MAT). With the change in the federal law and the Board’s proposed regulation, pharmacists that choose to provide MAT will be well–positioned to serve as important access points for patients in need of MAT. This will benefit the health and welfare of California residents.
Evaluation of Consistency and Compatibility with Existing State Regulations While developing this regulatory proposal, the Board conducted a search of any similar regulations on this topic and concluded that these regulations are neither inconsistent nor incompatible with existing state regulations. FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs/ Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. The proposed regulations do not result in a fiscal impact to the state.
The Board does not anticipate the proposed regu - lation resulting in an increase in workload, enforce-
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 787 ment activity, or costs. Additionally, compliance will be verified through routine pharmacy inspections. Other non–discretionary costs or saving imposed on local agencies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re - quire Reimbursement: None. Mandate Imposed on Local Agencies or School Dis- tricts: None. Significant Effect on Housing Costs: None.
BUSINESS IMPACT ESTIMATES The Board has made an initial determination that the proposed regulatory action would have no signif- icant statewide adverse economic impact directly af- fecting business, including the ability of California businesses to compete with businesses in other states. This initial determination is based on the absence of testimony to that effect during the public discussion and development of the proposed regulation.
The pro- posed regulation establishes the state protocol phar - macist licensees must follow should they wish to pro- vide MAT; however, there are no additional require- ments for businesses. Cost Impact on Representative Private Person or Business: The Board is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.
Effect on Small Business: While the Board does not have, nor does it maintain, data to determine if any of its licensees (pharmacies and clinics) are a “small business,” as defined in Gov- ernment Code
section 11342.610, the Board has made an initial determination that the proposed regulatory action will not affect small businesses. All pharma- cists have the option of providing MAT should they wish to meet the federal requirements and comply with the proposed regulation, whether they work at a small community pharmacy or a large chain pharma - cy. It will impact individuals and not businesses.
RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that this proposal will not: (1) create jobs within California; (2) eliminate jobs within California; (3) create new businesses within California; (4) eliminate of existing businesses within California; (5) expand businesses currently doing business in the State of California. The Board determined that this proposal will not create or eliminate jobs or businesses. The proposed regulation establishes the state protocol pharmacist licensees must follow should they wish to provide MAT.
Providing MAT to patients is an optional treat- ment pharmacists may provide and is not mandated. Pharmacists that choose to provide MAT will serve as important access points for patients in need of MAT, which will benefit the health and welfare of Califor- nia residents. The proposed regulation will not impact worker safety or the state’s environment. Benefits of Regulation: The Board has determined that this regulatory pro - posal will have the following benefits to the health and welfare of California residents, and will have no effect on worker safety and the state’s environment.
Protection of the public is the Board’s highest pri - ority in exercising its licensing, regulatory, and dis- ciplinary functions. The proposed regulation will en- sure that there is proper oversight of practitioners who provide medication–assisted treatment (MAT). With the change in the federal law and the Board’s proposed regulation, pharmacists that choose to provide MAT will be well–positioned to serve as important access points for patients in need of MAT. This will benefit the health and welfare of California residents.
Business Reporting Requirements: The regulatory action does not require businesses to file a report with the Board. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5(a) (13), the Board determined that no reason- able alternative that it considered to the regulation, or that has otherwise been identified and brought to its attention, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost–effective to affected private per- sons and equally effective in implementing the statu- tory policy or other provision of law.
Any interested person may submit comments, in writing, relevant to the above determinations at the address listed for the Contact Person during the writ- ten comment period, or at the hearing if one is sched - uled or requested.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 788 AVAILABILITY OF TEXT OF PROPOSAL, INITIAL STATEMENT OF REASONS, AND RULEMAKING FILE The Board has compiled a record for this regulato - ry action, which includes the Initial Statement of Rea- sons (ISOR), proposed regulatory text, and all the in- formation upon which the proposal is based. This ma- terial is contained in the rulemaking file and is avail- able for public inspection upon request to the con - tact persons named in this notice.
Copies of the exact language of the proposed regulations and the Initial Statement of Reasons, as well as all of the information upon which the proposal is based, may be obtained upon request from the Board of Pharmacy at 2720 Gateway Oaks Drive, Suite 100, Sacramento, Califor- nia 95833, or from the Board of Pharmacy’s website at http://www.pharmacy.ca.gov/laws_regs/pending_ regs.shtml.
AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently relat- ed to the original text.
With the exception of techni- cal or grammatical changes, the full text of any modi- fied proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the person desig - nated in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.
AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regu- lations are based is contained in the rulemaking file, which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons, once it has been prepared, by making a writ- ten request to the Contact Person named below or by accessing the website listed below.
CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Lori Martinez Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3100 Fax Number: (916) 574–8618 Email Address: PharmacyRulemaking@dca.ca.gov The backup contact person is: Name: Debbie Damoth Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3100 Fax Number: (916) 574–8618 Email Address: PharmacyRulemaking@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation with modifications noted, as well as the Final State- ment of Reasons when completed, and modified text, if any, can be accessed through the Board of Pharma - cy’s website at: https://www.pharmacy.ca.gov/laws_ regs/pending_regs.shtml.
TITLE 16. VETERINARY MEDICAL BOARD MINIMUM STANDARDS FOR ALTERNATE VETERINARY PREMISES NOTICE IS HEREBY GIVEN that the Califor - nia Veterinary Medical Board (Board) is proposing to take the action described in the Informative Digest be- low, after considering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.
However, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person, or their authorized repre - sentative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the in- dividuals listed under “Contact Person” in this notice. WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 789 addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no later than Monday, August 4, 2025, or must be received by the Board at the hearing, should one be scheduled. AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 4808, 4836 and 4854 of the Business and Professions Code (BPC), a nd t o i mplement, i nterpret, o r m ake s pecif- ic BPC sections 4836. 4836.1, 4852, 4853, 4854, 4855, 4856, and 4883 of said code, the Board is considering amending sections 2030, 2030.05, 2030.1, 2030.2, and 2030.3 of
article 4 of division 20 of title 16 of the Cal- ifornia Code of Regulations (CCR) 1. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC
section 4800.1 mandates that the protection of the public shall be the highest priority of the Board in e xercising i ts l icensing, r egulatory, a nd d isciplinary functions. Whenever the protection of the public is in- consistent w ith o ther i nterests s ought t o b e p romoted, the protection of the public shall be paramount. BPC
section 4 808 a uthorizes t he B oard, i n a ccordance w ith the A dministrative P rocedure A ct ( Government C ode
section 1 1400 et se q.), t o a dopt, a mend, o r r epeal s uch rules and regulations as may be reasonably necessary to e nable i t t o ca rry i nto e ffect t he p rovisions o f t he Veterinary M edicine P ractice A ct ( Practice A ct) ( BPC
section 4800, et seq.). Existing l aw r equires a ll v eterinary p remises t o be r egistered w ith t he B oard ( BPC se ction 4 853) a nd conform to the minimum standards established by the Board ( BPC se ction 4 854). C urrent r egulations s pec- ify t he r equirements f or t he l icensee m anager ( veteri- narian), fi xed v eterinary p remises, s mall a nimal fi xed premises, small animal mobile clinics, and small ani - mal v accination c linics. H owever, t hese p rovisions d o not include all types of mobile veterinary practice, nor consider e xemptions f rom t hose o perating s tandards, where a ppropriate.
T his p roposal w ould e stablish s uch standards a nd e xemptions.
The B oard p roposes t o up date a nd r evise e xisting minimum standards for all premises locations and up- date practice standards for the types of animal health care tasks that may be performed under the super - vision of a licensed veterinarian by a registered vet - erinary technician, veterinary assistant, or veteri - nary assistant controlled substance permit holder at a small a nimal v accination c linic ( to b e r etitled “ Min- imum Standards — Animal Vaccination Veterinary Premises”). 1 All CCR references are to title 16 unless otherwise noted The Board’s proposal would: ● Consolidate e xisting a nd n ewly p roposed m ini- mum veterinary premises requirements for all locations in one
section of the Board’s regula - tions at CCR, title 16,
section 2030 entitled “Min- imum Standards — Veterinary Premises” and repeal outdated or unnecessary standards for all locations, ● Provide n ew ca tegories o f e xemptions f rom t hose minimum standards paragraphs in
Section 2030 that d o n ot a pply t o t he s pecified v eterinary premises type and are not relevant or necessary to ensure minimum operating standards are met in specified locations, ● Standardize v arious e xisting v eterinary n aming conventions of clinics, facilities, and hospitals to the consistent use of the terms “veterinary prem - ises” t hroughout, a nd w ould s et m inimum s tan- dards a nd d efinitions f or t he f ollowing v eterinary premises t ypes: s mall a nimal fi xed v eterinary premises, l arge a nimal fi xed v eterinary p remises, mobile veterinary premises, and animal vaccina - tion veterinary premises, ● For
Section 2030.3, amend the title from “Small Animal Vaccination Clinic” to “Minimum Stan - dards –– Animal Vaccination Veterinary Prem- ises.” In addition to specifying the minimum standards for this location and veterinarian re - sponsibilities, S ection 2 030.3 w ould b e r evised to describe the services provided at this type of veterinary p remise, t he p ersonnel w ho m ay a d- minister the services, and when such services are authorized to be provided, ● Remove all apparent building standards, includ - ing a ny e xemptions t o t hose s tandards, f rom t hese regulations ( a se parate r ulemaking t o a mend CCR, T itle 2 4, w as r ecently a pproved v ia t he C al- ifornia B uilding S tandards C ommission ( CBSC) rulemaking p rocess, w hich a dded t he m entioned building s tandards, a nd r elated e xemptions, t o
section 1251 of title 24 of the CCR), ● Make minor, technical or grammatical changes, including r emoval o f g ender s pecific l anguage and r eplacement o f t hat l anguage w ith g ender neutral language, and, ● Increase information to consumers through sig - nage r equirements, a nd n ew w ritten d isclosures that include contact information and information where after–hours emergency care is available. ANTICIPATED BENEFITS OF PROPOSAL The regulatory proposal supports consumer pro - tection by establishing minimum standards for alter - nate veterinary premises by updating the standards
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 790 for locations to follow when providing veterinary ser- vices. The maintenance of consistent standards across all premises regulated by the Board helps ensure the health and safety of the public, the animal patients, and the clients served, regardless of location. The Board anticipates consumers will also benefit from increased availability and readability of informa- tion from the veterinary premises when the consumer has an emergency for their animals or has stopped by a veterinary premises after hours.
Veterinarians and their staff will benefit from clarification of the require- ments specific to the veterinary premises type where they provide services. In addition, standardizing all of the premises requirements will allow for consistency among the various veterinary premises types, while allowing exceptions for standards not relevant or nec- essary to ensure minimum standards of care are met in specified types of locations.
Additionally, the Board anticipates support from the public, veterinarians, and veterinary professionals in relation to vaccination events, as “designated veteri - nary professionals” would be able to provide vaccina- tions instead of only veterinarians.
Lastly, this regulatory proposal, along with the sep- arate Title 24 rulemaking referenced above, will en- sure that veterinary practice management standards are only found under title 16 of the CCR, while all apparent building standards, and any exemptions to those standards, are only found under title 24 of the CCR, and that no overlap or duplicative language ex- ists between the two areas of the CCR.
EVALUATION OF CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing this regulatory proposal, the Board identified overlapping and dupli- cative language between titles 16 and 24 of the CCR. Through meetings with the CBSC and the Office of Administrative Law (OAL), it was determined that building standards, along with any exemptions to building standards, can only be contained within ti- tle 24 of the CCR, as the CBSC oversees the develop- ment, adoption, approval, publication, and implemen- tation of all California building standards.
OAL there- fore cannot review or approve any building standards or exemptions to building standards. One goal of this regulatory proposal, along with the Title 24 proposal referenced above, is to ensure that all applicable building standards and related exemp- tions are contained under title 24 of the CCR and that all applicable practice management standards related to veterinary premises are contained under title 16 of the CCR. These two regulatory proposals ensure that no overlap or duplicative language exists between the two areas of the CCR.
Additionally, the Board determined that this pro - posed regulation is not inconsistent or incompatible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the Board has concluded these are the only regu- lations that concern Minimum Standards for Alternate Veterinary Premises. DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None.
The regulations do not result in a fiscal impact to the state, including any costs or savings to any state agency or any costs or savings in federal funding to the state. The Board does not anticipate additional workload or costs resulting from the proposed regulations. Nondiscretionary Costs/Savings to Local Agen - cies: None. Local Mandate: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re- quire Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None.
BUSINESS IMPACT ESTIMATES The Board has made the initial determination that the proposed regulatory action would have no signif- icant statewide adverse economic impact directly af- fecting business, including the ability of California businesses to compete with businesses in other states.
This initial determination is based on the following facts: The proposal consolidates and updates existing minimum standards applicable to all veterinary prem - ises (including small animal fixed veterinary premis- es, large animal fixed veterinary premises, mobile vet- erinary premises, and animal vaccination veterinary premises) consistent with the current practice of vet- erinary medicine. Businesses and licensees are antic - ipated to comply with the regulations within normal business operations at no additional costs.
The Board does anticipate that there may be an in - crease in the hiring of “designated veterinary person - nel” when vaccination events are provided to the pub- lic since the services may be provided by addition -
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 791 al personnel besides the veterinarian(s), but does not have estimates of the number or quantity of personnel that may be hired at this time. Cost Impact on Representative Private Person or Business The Board is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. Any workload and costs to comply with the regu- lations are anticipated to be completed and incurred within normal business operations.
Business Reporting Requirements The regulatory action does not require businesses to file a report with the Board. Effect on Small Business The Board has determined that the proposed regula- tions are not expected to result in additional workload or costs to existing and small businesses. Although small businesses owned by licensees of the Board may be impacted, the Board does not maintain data relat - ing to the number or percentage of licensees who own a small business; therefore, the number or percentage of small businesses that may be impacted cannot be predicted.
RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Board has determined that this regulatory pro - posal will not have a significant impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California.: ● It will not eliminate jobs within the State of Cal- ifornia because it does not impose requirements of a sufficient magnitude to eliminate businesses or eliminate licensees.
The proposal may create jobs within the State of California for “desig- nated veterinary personnel” when vaccination events are provided to the public since the ser - vices may be provided by additional personnel besides the veterinarian(s) (existing regulation limits such services to veterinarians only). How- ever, there is no anticipation for the elimination of veterinarian jobs within the State of California as the impact is on the requirements for operating veterinary premises in compliance with the law, non–substantive changes to the managing licens - ee (veterinarian’
s) responsibilities while oversee- ing the veterinary premises, and a veterinarian is still required to be on–site when a vaccination event occurs. ● The proposal is not anticipated to create new businesses or eliminate existing businesses with- in the State of California because the proposed regulation will update the minimum standards for veterinary premises consistent with current veterinary practice, and therefore these changes are is not of a magnitude that would be expected to affect existing and small businesses. ● It will not affect the expansion of businesses cur- rently doing business within the State of Califor- nia because it does not impose additional hiring requirements for owners or a managing licensee (veterinarian) over a veterinary premises.
This regulatory proposal has the following benefits to the health and welfare of California residents: ● This regulatory proposal benefits the health, safe- ty, and welfare of California residents and in- creases access to veterinary care for vaccination events, by allowing “designated veterinary per- sonnel” under the supervision of a veterinarian to provide vital vaccinations to consumer’s animals to reduce the probability of the spread of diseases in the community.
The proposal will allow more veterinary professionals to provide vaccination services by expanding the animal health care tasks these professionals may provide during a vaccination event. Veterinarians and their staff will benefit from clarification of the requirements specific to the veterinary premises type where they provide services. The proposed regulation also supports consumer protection by establishing minimum standards for al - ternate veterinary premises by updating the standards for locations to follow when providing veterinary ser- vices.
The maintenance of consistent standards across all premises regulated by the Board helps ensure the health and safety of the public, the animal patients, and the clients served, regardless of location. The Board anticipates consumers will also benefit from increased availability and readability of information from the veterinary premises when the consumer has an emergency for their animals or has stopped by a veterinary premises after hours. ● It does not affect worker safety because it does not involve worker safety. ● It does not affect the state’s environment because it does not involve the environment.
CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a) (13), the Board must deter- mine that no reasonable alternative it considered to the regulatory proposal or that has otherwise been identi- fied and brought to its attention would be more effec- tive in carrying out the purpose for which the action is proposed, would be as effective and less burdensome
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 792 to affected private persons than the proposal described in this Notice, or would be more cost–effective to af- fected private persons and equally effective in imple- menting the statutory policy or other provision of law. Any interested person may submit comments to the Board in writing relevant to the above determinations at 1747 North Market Boulevard, Suite 230, Sacramen- to, California 95834 during the written comment peri- od, or at the hearing if one is scheduled or requested.
AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulato - ry action, which includes the Initial Statement of Rea- sons (ISOR), proposed regulatory text, and all the in- formation on which this proposal is based. This mate- rial is contained in the rulemaking file and is available for public inspection upon request to the contact per - sons named in this notice.
TEXT OF PROPOSAL Copies of the exact language of the proposed regu- lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board at 1747 North Market Boulevard, Suite 230, Sacramento, California 95834.
AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described in this Notice, or may mod- ify such proposals if such modifications are sufficient- ly related to the original text.
With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly in- dicated, will be available for review and written com- ment for 15 days prior to its adoption from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.
AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All of the information upon which the proposed reg- ulations are based is contained in the rulemaking file, which is available for public inspection by contacting the person named below. A copy of the Final Statement of Reasons may be obtained once it has been prepared by making a writ- ten request to the Contact Person named below or by accessing the website listed below.
CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Justin Sotelo Address: California Veterinary Medical Board 1747 North Market Boulevard, Suite 230 Sacramento, CA 95834 Telephone Number: (916) 905–5511 Fax Number: (916) 928–6849 Email Address: justin.sotelo@dca.ca.gov The backup contact person is: Name: Matt McKinney Address: Veterinary Medical Board 1747 North Market Boulevard, Suite 230 Sacramento, CA 95834 Telephone Number: (916) 282–3529 Fax Number: (916) 928–6849 Email Address: matthew.mckinney@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Regulatory Ac - tion, Initial Statement of Reasons, Proposed Regu - latory Language of the regulations with modifica- tions noted, as well as the Final Statement of Rea- sons when completed, and modified text, if any, can be accessed through the Board’s website at: https://www.vmb.ca.gov/laws_regs/proposed_regs. shtml.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 793 TITLE 22. DEPARTMENT OF TOXIC SUBSTANCES CONTROL SAFER CONSUMER PRODUCTS REGULATIONS — ADDING MICROPLASTICS TO THE CANDIDATE CHEMICAL LIST DEPARTMENT OF TOXIC SUBSTANCES CONTROL REFERENCE NUMBER: R–2023–05R NOTICE IS HEREBY GIVEN that the Depart - ment of Toxic Substances Control (DTSC) propos- es to amend the California Code of Regulations, title 22, division 4.5,
chapter 55,
section 69502.2. This pro- posed amendment pertains to additions to the Candi - date Chemical List under the Safer Consumer Prod - ucts (SCP) regulations, which were adopted in 2013. WRITTEN COMMENT PERIOD The written comment period will close on August 4, 2025. Only comments received at the DTSC office or postmarked on or before that date will be consid- ered. Any interested person(
s) or their authorized rep- resentative(
s) may submit written comments relevant to the proposed regulatory action to DTSC in either electronic or hard–copy formats. Written comments may be submit - ted electronically through the SCP Informa - tion Management System, CalSAFER at: https://calsafer.dtsc.ca.gov. Please direct questions or concerns about CalSAFER to Hannah School - meester at Hannah.Schoolmeester@dtsc.ca.gov or 916–322–4062.
While DTSC prefers comments be submitted through the CalSAFER system, inter - ested persons may also submit their comments in an email to: SaferConsumerProducts@dtsc.ca.gov or through the DTSC regulations email address at regs@dtsc.ca.gov. Please include the DTSC reference number for this regulation in the subject of your mes - sage. Direct hard–copy written comments to Office of Legislation and Regulatory Review, as specified below. PUBLIC HEARING A public hearing has not been scheduled for this rulemaking.
However, DTSC will conduct a hear- ing if a written request for a public hearing is re- ceived from any interested person, or his or her duly authorized representative, no later than 15 days pri - or to the close of the written comment period, pur- suant to Government Code
Section 11346.8. Submit a written request for a public hearing in an email to SaferConsumerProducts@dtsc.ca.gov or to the Of - fice of Legislation and Regulatory Review, as speci- fied below. Notice Pertaining to Accessibility and Reasonable Accommodation All documents related to these regulations can be made available in alternate format (i.e., Braille, large print, etc.) or in another language, as request- ed, in accordance with State and Federal law.
Fur- ther, to ensure the public has equal access to all avail- able services and information, DTSC will provide disability–related reasonable accommodation and/or translator/interpreter needs, upon request. For assis - tance, please contact the office below. Note: the range of assistive series available may be limited if requests are made less than 10 business days prior to a public hearing. Office of Legislation and Regulatory Review Department of Toxic Substances Control P .O.
Box 806 Sacramento, California 95812–0806 Fax Number: (916) 324–1808 Phone Number: (279) 895–5179 TTY/TDD/Speech–to–Speech users may dial 7–1–1 for the California Relay Service. AUTHORITY & REFERENCE This regulation is being adopted under the follow- ing authorities: Health and Safety Code (HSC) sec- tions 25252, 25253, and 58012 (added by Gov. Reorg. Plan Number 1, § 146, eff. July 17, 1991). This regula- tion implements, interprets, or makes specific the fol- lowing statutes: HSC sections 25252 and 25253.
INFORMATIVE DIGEST Policy Statement Overview: Background and Effect of the Proposed Regulato- ry Action: The SCP regulations were adopted in October 2013 to meet the statutory requirements outlined in HSC sections 25252 and 25253.
The regulations outline a science–based process for evaluating Chemicals of Concern in consumer products and safer alternatives by: ● Establishing a list of Candidate Chemicals and specifying criteria by which these may be desig- nated Chemicals of Concern; ● Establishing a process to identify and prioritize product and Candidate Chemical combinations that may be listed as Priority Products;
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 794 ● Requiring manufacturers of a product listed as a Priority Product to notify DTSC within 60 days of the listing regulation’s effective date; ● Requiring manufacturers of a Priority Product to determine how best to reduce exposures to the Chemical(
s) of Concern in the product; ● Allowing DTSC to identify and require imple- mentation of Regulatory Responses following completion of an Alternatives Analysis, if need - ed; and, ● Creating a process for persons to petition DTSC to add chemicals to the Candidate Chemicals list, add or remove Candidate Chemicals lists in their entirety, or to add or remove a product–chemical combination from the Priority Products List. DTSC proposes to add microplastics to the Candi - date Chemicals List because microplastics meet the criteria for Candidate Chemicals outlined in
section 69502.2(b). Specifically,
section 69502.2(
b) allows DTSC to identify Candidate Chemicals that exhib- it one or more hazard traits and/or environmental or toxicological endpoints by considering several factors including the chemical’s exposure potential, environ- mental fate and potential to degrade.
Following an ex- tensive review of the scientific literature and analy- sis of the known hazard traits of microplastics, DTSC concluded the following: ● There is a high potential for animals, humans, and environmentally sensitive habitats to be ex- posed to microplastics. ● Microplastics have the potential to cause or con - tribute to adverse impacts for: ○ Sensitive subpopulations, ○ Environmentally sensitive habitats, ○ Endangered or threatened species, or, ○ Environments in California designated as impaired by a California State or federal regulatory agency. ● Microplastics exhibit one or more hazard traits and/or environmental or toxicological endpoints. ● The extent and quality of information available substantiates the existence of potential adverse impacts and exposures of microplastics.
Benefits of the Proposed Regulatory Action: A primary goal of the SCP regulations is to prevent or reduce potential adverse health and environmental impacts to the State of California. Because microplas- tics are mobile in the environment, they are found in virtually all ecosystems, as well as in drinking water, household dust and indoor air. As a result, human and ecological exposure to microplastics is widespread.
This proposal to add microplastics to the Candidate Chemical List would allow DTSC to select and regu- late Priority Products containing microplastics, which would reduce microplastics in consumer products. In turn, this would reduce microplastic exposures and contribute to healthier California ecosystems, safer homes, offices, schools, workplaces, and a more sus- tainable environment, with cleaner drinking water and air.
Existing Laws and Regulations: The SCP regulations established a unique approach to regulating Chemicals of Concern in consumer products that grants DTSC authority to take actions to protect people and the environment when such actions are outside the scope of other regulatory programs. DTSC has assessed all applicable state and federal laws and regulations, as well as international treaties or agreements with the force of domestic law, related to the proposed Candidate Chemical.
DTSC has deter- mined that no state or federal regulations overlap or conflict with this proposal to add microplastics to the Candidate Chemicals List. Therefore, there is no con - flict or duplication between state or federal regulation, and this proposed rule, nor are the proposed regula - tions inconsistent or incompatible with existing state regulations. Document Incorporated by Reference: None.
OTHER APPLICABLE REQUIREMENTS PRESCRIBED BY STATUTE California Environmental Quality Act (CEQA) Compliance The proposed regulation will not result in a change in significance of any of the physical conditions with- in the environmental factors that are analyzed under CEQA. DTSC has determined none of the exceptions to the categorical exemptions apply to this project, as described in Public Resources Code
Section 21084(c), (d), and (e), and 14 CCR
Section 15300.2. DTSC has determined that the proposed regulatory amendments are actions taken by DTSC to ensure the maintenance, restoration, enhancement, or protection of the envi - ronment where the regulatory process involves proce- dures for protection of the environment. DTSC intends to prepare Notice of Exemption (NOE) as the appropriate CEQA document for the adoption of a rule or regulation. A draft NOE is avail- able for review during the public comment period upon request and will be filed with the State Clearing- house if the regulation is finalized. California Environmental Policy Council Review Under the provisions of Health and Safety Code
section 25252.5, the California Environmen - tal Policy Council (CEPC) reviewed the frame- work SCP regulations prior to their adoption in Oc- tober 2013 (the CEPC Resolution may be viewed at:
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 795 http://calepa.ca.gov/cepc/). Under HSC
Section 25252.5(f), the CEPC determined that the proposed regulations would not have any significant adverse im- pact on public health or the environment and could be adopted by DTSC without undergoing a multimedia life cycle evaluation. DTSC determined that further review by the CEPC is not warranted for this rulemaking because the re- quirements of HSC
section 25252.5 apply only to the creation of the SCP program and not regulations that may be required to implement this program. Peer Review DTSC requested and obtained an external scientif- ic peer review of the scientific basis of the proposed regulation pursuant to Health and Safety Code sec - tion 57004. The result of the external scientific peer review is posted to DTSC’s rulemaking website at: https://dtsc.ca.gov/regs/. DISCLOSURES REGARDING THE PROPOSED ACTION DTSC has determined that adoption of this regula - tion will not impose a local mandate or result in costs subject to state reimbursement pursuant to
part 7 of di- vision 4, commencing with
section 17500, of the Gov- ernment Code or other nondiscretionary costs or sav - ings to local agencies. Mandate on Local Agencies and School Districts: None. Costs or Savings to Any State Agency: None. However, in the future, engaging in potential compli- ance oversight activities with manufacturers of newly regulated Priority Products containing microplastics would generate minor and absorbable costs for DTSC. Cost to Any Local Agency or School District Which Must Be Reimbursed in Accordance With Government Code sections 17500 through 17630: None.
Other Nondiscretionary Cost or Savings Im - posed on Local Agencies: None. Cost or Savings in Federal Funding to the State: None. Cost Impacts on Representative Private Persons or Businesses: DTSC is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: DTSC has determined that the proposed regulation will have no significant effect on housing costs.
Effect on Small Businesses: DTSC has determined that the adoption of this regu- lation will not affect small businesses because the reg- ulations do not impose new responsibilities for small businesses. DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT These regulations do not impose new responsibili- ties for businesses; therefore, DTSC has determined that the proposed changes to these regulations will not have a significant, statewide adverse impact direct- ly affecting businesses, including the ability of Cali- fornia businesses to compete with businesses in oth- er states.
The proposed regulation merely adds micro- plastics to the DTSC Candidate Chemicals List. DTSC has considered proposed regulatory alter - natives that would lessen any adverse economic im- pact on business and invites interested parties to sub - mit proposals. Submissions may include the following considerations: i. The establishment of differing compliance or reporting requirements or timetables that consider the resources available to businesses. ii. Consolidation or simplification of compliance and reporting requirements for businesses. iii.
The use of performance standards rather than prescriptive standards. iv. Exemption or partial exemption from the regulatory requirements for businesses.
RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Creation of New Businesses or Elimination of Existing Businesses: DTSC determined that it is: (1) unlikely that the pro- posal will eliminate any jobs, (2) unlikely that the pro- posal will create an unknown number of jobs, (3) un- likely that the proposal will create new businesses, (4) unlikely that the proposal will eliminate any existing businesses, and (5) unlikely that the proposed regula- tions will result in the expansion of businesses cur- rently doing business within the state.
Expansion of Businesses Currently doing Business: DTSC determined that this proposed regulation will not result in the expansion of businesses currently do- ing business within the state. Benefits of the Regulation on the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The proposed regulations will benefit the health and welfare of California residents, state’s environment, and worker safety. As stated above, future actions en- abled by this rule will reduce microplastic exposures in consumer, contributing to healthier California eco -
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 796 systems, safer homes, offices, schools, workplaces, and a more sustainable environment, with cleaner drinking water and air.
CONSIDERATION OF ALTERNATIVES DTSC must determine that no reasonable alterna - tive it considered or that has otherwise been identified and brought to the attention of DTSC would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
DTSC’s consideration of alternatives is available in the Initial Statement of Reasons included as part of this proposed regulation. CONTACT PERSONS Inquiries regarding technical aspects of the proposed regulation or CEQA documents may be directed to Hannah Schoolmeester of DTSC at Hannah.Schoolmeester@dtsc.ca.gov or 916–322–4062. If unavailable, inquires can be directed to David Rist of DTSC at David.Rist@dtsc.ca.gov or 510–540–3763. However, such oral inquiries are not part of the rulemaking record.
A public comment period for the rulemaking has been established commencing on June 20, 2025, and closing on August 4, 2025. Statements, arguments, or contentions regarding the rulemaking and/or sup - porting documents must be submitted in writing or presented orally or in writing at a public hearing, if a hearing is requested, for them to be considered by DTSC before it adopts these regulations.
DTSC will accept statements, arguments, or con- tentions, and/or supporting documents regarding this rulemaking submitted in writing either through Cal- SAFER or by mail, or they may be presented orally or in writing at a public hearing, if a hearing is requested.
AVAILABILITY OF TEXT OF PROPOSED REGULATIONS, INITIAL STATEMENT OF REASONS, AND OTHER RULEMAKING DOCUMENTS Copies of the Notice of Proposed Action, Ini - tial Statement of Reasons, all the information upon which this proposal is based, and the express terms of the proposed regulation (also known as the pro- posed regulatory text) are posted to DTSC’s website at https://dtsc.ca.gov/dtsc–proposed–regulations/ and will be made available for viewing at the Office of Leg- islation and Regulatory Review, as specified below.
Office of Legislation and Regulatory Review Department of Toxic Substances Control 1001 I Street Sacramento, California 95814–2828 The text of the proposed amendment contains the following formatting features: ● The symbol “*****” means that intervening text not proposed for amendment is not shown. ● Proposed additions are indicated in single under- lining to show where the new text is being added. ● Proposed deletions (repeals) are indicated as a strikethrough to show where the existing text is being removed. After the close of the comment period, DTSC may adopt the proposed regulation.
If substantial, suffi- ciently related changes are made to the regulatory text, the modified full text (with the changes clearly indi- cated) will be made available for comment for at least 15 days prior to adoption. Only persons who request to be notified of any modifications to the proposed text, submit written or oral comments (comments submit- ted at a hearing, if one is held, or comments submitted to DTSC), will be sent a copy of the modified text, if substantial, sufficiently related changes are made.
Once DTSC finalizes the regulatory text, DTSC will prepare a Final Statement of Reasons that updates the Initial Statement of Reasons, summarizes how DTSC addressed comments, and includes other materials. A copy of the Final Statement of Reasons will also be posted on DTSC’s website at https://dtsc.ca.gov/ dtsc–proposed–regulations/, along with the date the rulemaking is filed with the Secretary of State and the effective date of the regulation.
ALL OTHER QUESTIONS/COMMENTS/ INQUIRIES/UPDATES Please direct all written comments, procedur- al inquiries, and requests for documents by mail or email to the Office of Legislation and Regulatory Re- view, as specified above. To be included in this reg- ulation package’s mailing list and to receive updates for this rulemaking, please email your request to regs@dtsc.ca.gov.
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 797 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2025–159–001–R1 Project: Honey Lake Wildlife Area Water Delivery Improvement Project Location: Lassen County Applicant: California Department of Fish and Wildlife, as represented by Robert Schrag Background Project Location: The Honey Lake Wildlife Area Water Delivery Improvement Project (Project) is lo- cated approximately 20 miles southwest of Susan- ville in Lassen County, along the Susan River, sur - rounded by managed seasonal wetlands on the Flem- ing Unit of the Honey Lake Wildlife Area, at a prop - erty owned by the California Department of Fish and Wildlife (CDFW), Assessor Parcel Number (APN) 119 –340 –17–11; 119 –340 –59 –11.
Project Description: CDFW (Applicant) proposes to enhance or restore habitat within the Susan River and surrounding wetlands to provide a net conserva- tion benefit for migratory bird species. The purpose of the Project is to improve water delivery to and en- hance approximately 130 acres of CDFW managed wetlands in the Honey Lake Wildlife Area (HLW A). CDFW managed wetlands within the Fleming Unit of the HLWA provide spring migration and breeding hab- itat to a variety of waterfowl, waterbird, and shorebird species within the Southern Oregon and Northeastern California (SONEC) waterfowl priority region.
The Project will replace three dilapidated intake wa- ter control structures (WCS) located along the Susan River. The existing WCS have been buried in sedi- ment and are no longer functioning properly. There are three work areas, one at each WCS location. In addition to removing the old WCS and replacing them with new WCS, activities in each work area include mechanical work to complete minor berm improve- ments and recontouring, and minor grading activities within existing ditches and the Susan River to provide positive drainage to and from each WCS.
Riprap will be placed at each WCS inlet and outlet to prevent ero- sion, and topsoil and vegetation strips will be placed to revegetate disturbed soils. Staging areas and access will occur via the existing two–track, dirt road along the berms. All construction activities will be complet- ed during the dry season when work areas are dry. The Project will result in the enhancement of 130 acres of managed wetlands. Project Size: The total area of ground disturbance associated with the Project is approximately 0.026 acres and 108 linear feet.
The proposed Project com - plies with the General 401 Certification for Small Hab- itat Restoration Projects and associated categorical ex- emption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge: Discharge of materi- als into Waters of the State, as defined by Water Code
section 13050, subdivision (e), resulting from the Proj- ect include those associated with the following: rock, soil, High–Density Polyethylene (HDPE) pipe, and precast concrete risers.
Project Timeframes: Start date: June 2025 Completion date: October 2025 Work window: June 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 migration and breeding habitat to a vari - ety of waterfowl, waterbird, and shorebird species, the Lahontan Regional Water Quality Control Board (Re- gional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resourc- es Control Board General 401 Water Quality Certi - fication Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) Number 6A182504004 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 native species. Receiving Water: Susan River.
Filled or Excavated Area: Permanent area impacted: 0.026 Temporary area impacted: 0 Length temporarily impacted: 0 linear feet Length permanently impacted: 108 linear feet Discharge Volume: 65 cubic yards (cy) of rock (rip- rap), 10 cy of rock (aggregate base, small rock), 100 cy of soil, three 48–inch HDPE pipes, and three 5–foot by 4–foot precast concrete risers. Regional Water Board staff determined that the Project may proceed under the Order.
Additionally, Regional Water Board staff determined that the Proj- ect, as described in the Notice of Intent (NOI) com- plies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.).
CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 25–Z 798 On May 14, 2025, the Director of the California De- partment of Fish and Wildlife (CDFW) received a no- tice from the Applicant requesting a determination pursuant to Fish and Game Code
section 1653 that the NOA, NOI, and related species protection measures are consistent with the Habitat Restoration and En- hancement Act (HREA) with respect to the Project. Pursuant to Fish and Game Code
section 1653, sub- division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on May 14, 2025, for pub- lishing in the General Public Interest
section of the California Regulatory Notice Register (Cal. Reg. No- tice File Number Z–2025–159–001–R1) on May 30, 2025. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code
section 1653, subdi - vision (f). Determination CDFW has determined that the NOA, NOI, and re - lated species protection measures are consistent with HREA as to the Project and meets the conditions set forth in Fish and Game Code
section 1653 for autho - rizing the Project. Specifically, CDFW finds that:
(1) The Project pur- pose is voluntary habitat restoration and the Project is not required as mitigation; (2) the Project is not part of a regulatory permit for a non–habitat restoration or enhancement construction activity, a regulatory set - tlement, a regulatory enforcement action, or a court order; and (3) the Project meets the eligibility require- ments of the State Water Resources Control Board’s Order for Clean Water Act
section 401 General Wa - ter Quality Certification for Small Habitat Restoration Projects. Avoidance and Minimization Measures The avoidance and minimization measures for Proj- ect, as required by Fish and Game Code
section 1653, subdivision (b) (4), were included in an attachment to the NOI. The specific avoidance and minimiza- tion requirements are found in an attachment to the NOI, titled ‘Honey Lake Wildlife Area Water Deliv - ery Improvement Project Environmental Protection Measu res’. Monitoring and Reporting As required by Fish and