California Regulatory Notice Register — Register 2026, No. 21-Z (MAY 22, 2026)

Cal. Reg. Notice Reg. 2026, No. 21

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2026, NUMBER 21–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 22, 2026 PROPOSED ACTION ON REGULATIONS TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

Section 3422 Caribbean Fruit Fly Interior Quarantine — Notice File Number Z2026–0505–01 .................. 705 TITLE 5. COMMISSION ON TEACHER CREDENTIALING Adding Supplementary and Subject Matter Authorizations to General Education Teaching Credentials — Notice File Number Z2026–0507–01 ................................................................. 707 TITLE 11. PRIV ACY PROTECTION AGENCY Conflict–of–Interest Code — Notice File Number Z2026–0511–04 ......................................... 710 TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION Restricted Housing Units and Incarcerated Person Privilege Groups — Notice File Number Z2026–0507–02 ................................................................................. 711 TITLE 22.

HEALTH AND HUMAN SERVICES AGENCY Conflict–of–Interest Code — Notice File Number Z2026–0427–03 ......................................... 715 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Arroyo Seco River Fish Passage Project — Clark Colony Water Company, 1653–2026–184–001–R4, Monterey County ................................................................................. 715 DEPARTMENT OF FISH AND WILDLIFE Stony Creek, 1653–2026–183–001–R1, Lassen County .................................................. 717 DEPARTMENT OF FISH AND WILDLIFE South Fork Lost River Streamflow and Habitat Enhancement Project, 2080–2026–007–01, Humboldt County ................................................................................ 719 (Continued on next page)

DECISION NOT TO PROCEED DEPARTMENT OF PUBLIC HEALTH Concerning New Local Health Department Application (Previously Published in Notice Register 2025, Number 21–Z, May 23, 2025) ....................................................................... 720 RULEMAKING PETITION DECISION AIR RESOURCES BOARD Notice of Decision on Petition from Craig Harrison, Nancy Richardson, and Brantly Richardson Concerning Hazardous Air Pollutants ............................................................... 720 A V AILABILITY OF INDEX OF PRECEDENTIAL DECISIONS MEDICAL BOARD Precedential Decision Index Availability Notice ........................................................ 724

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 724 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $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 2026, VOLUME NUMBER 21–Z 705 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE CARIBBEAN FRUIT FLY INTERIOR QUARANTINE The Department of Food and Agriculture (Depart - ment) proposes to make permanent the emergency amendment of Title 3 of the California Code of Regu- lations (CCR)

Section 3422 Caribbean Fruit Fly Inte - rior Quarantine. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a writ - ten request for a public hearing to the Department no later than 15 days prior to the close of the written com- ment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulations to the Department. Com - ments may be submitted by USPS, FAX or email.

The written comment period closes June 29, 2026. The De- partment will consider only comments received at the Department offices by that date or postmarked no later than June 29, 2026. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 (916) 403–6650 Permits@cdfa.ca.gov Questions regarding the substance of the pro - posed regulation should be directed to Erin Lovig. In her absence, you may contact Rachel Avila at (916) 698–2947 or rachel.avila@cdfa.ca.gov.

Unless there are substantial changes to the proposed regulations prior to adoption, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the public. Fol- lowing the public hearing, if one is requested, or fol - lowing the written comment period if none is request- ed, the Department, at its own motion, or at the in - stance of any interested person, may adopt the pro - posal substantially as set forth without further notice. AUTHORITY The Department proposes to amend

Section 3422 pursuant to the authority vested by Sections 407, 5301, 5302 and 5322 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5301, 5302 and 5322 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This amendment will make permanent the emer - gency amendment of the Caribbean Fruit Fly Interior Quarantine. The purpose of the amendment of title 3 CCR Sec - tion 3422 is to raise the threshold quarantine trigger for Caribbean fruit fly (CFF) from two fruit flies find to five.

Without this change, a quarantine area will be created when the risk of an infestation is low, creating an unnecessary burden for the Department, the agri - cultural sector, and the general public. EXISTING LAWS AND REGULATIONS Existing law, FAC

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

section 5301, provides that the Secretary may establish, maintain, and enforce such quarantine regulations as he or she deems necessary to protect the agricultural industry of this State from pests. The regulations may establish a quarantine at the boundaries of this State or elsewhere within the State. Existing law, FAC

section 5302, provides that the Secretary may make and enforce such regulations as he or she deems necessary to prevent any plant or thing which is, or is liable to be, infested or infected by, or which might act as a carrier of, any pest, from

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 706 passing over any quarantine line which is established and proclaimed pursuant to this division. Existing law, FAC

section 5311, provides the Secre- tary may levy a civil penalty against a person violating this regulation in an amount not to exceed two thou - sand five hundred dollars ($2,500) for each violation. The remainder of the

section outlines the procedures for implementing this fine and the appeals process. Existing law, FAC

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

Section 5321. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT Changing the quarantine trigger will prevent unnec- essary interior quarantines, which will benefit: ● the general public. ● homeowners and community gardens. ● the agricultural industry. ● California’s natural environment. ● the State’s general fund. This amendment prevents harm to fruit growers, sellers, transporters, and the public that will occur if quarantines are unnecessarily enacted as required by the current interior quarantine regulation.

In FY23/24, there were seven invasive fruit fly (IFF) quarantines, each costing between 1.3 and 10 million dollars. Any fiscal or economic savings resulting from this amend- ment depend on the number of unnecessary interior quarantines avoided. While the precise number can - not be predicted, past experience indicates that the amendment would likely prevent one unnecessary CFF quarantine every two to ten years; however, this quarantine number may increase as detection frequen- cy has increased over the last two years. Interior quarantines remain essential when an estab- lished fruit fly population is detected.

Such necessary actions prevent far greater economic losses by protect- ing host fruit growers, nurseries, packing facilities, and the public from the impacts of CFF establishment. Quarantines are the last resort in preventing fruit flies from spreading because they are expensive and directly impact on fruit growers, sellers, trans - porters, and the public. When quarantines are en - acted, they place severe restrictions on host materi - al movement to ensure there is no artificial spread of the pest.

These restrictions impose financial bur - dens on growers, nurseries, packing facilities, and the public within the quarantine, especially for growers who are required to undergo expensive pre–harvest or post–harvest treatments. The restrictions may include the removal of all host material, which can mean the growers are unable to realize any profit from their crop yields. Since 2015, in Los Angeles county alone these IFF quarantines persisted for durations ranging from 87 to 383 days and encompassed areas of between 74 and 159 square miles.

Within these quarantines, the number of impacted establishments varied, from 88 to 1,296 entities. This impact is especially felt by small growers and family farms. Emergency action is nec - essary to prevent the immediate and unwarranted es - tablishment of an interior quarantine in Los Ange - les County based on an outdated detection thresh - old. Without this amendment, the current regulation would impose avoidable operational burdens on grow- ers, nurseries, packing facilities, and the public, with - out a corresponding increase in protection against pest establishment.

There is no existing, comparable federal regulations or statute. There are no known specific benefits to worker safety. There are known specific benefits to the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code

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

Section 3422 and has determined that they are not inconsistent or incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost to any local agency or school district requiring reimbursement pursuant to 17500 et seq.: None. Cost or savings to any state agency: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative person or business would neces - sarily incur in reasonable compliance with the pro - posed action. Significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none. The Department makes the initial determination that

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 707 the proposed action will not have a significant, state - wide adverse economic impact. Significant effect on housing costs: None. Small business determination: The proposed action will not affect small business because reducing the number of interior quarantines will prevent them from being impacted unnecessarily if quarantines are en - acted when they are not required. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The amendment is designed to prevent unnecessary interior quarantines for CFF by amending

Section 3422. The Department has made an assessment that the amendment to this regulation would: (1) not cre - ate or eliminate jobs within California, (2) not create new business or eliminate existing businesses with - in California,(3) not affect the expansion of businesses currently doing business within California, (4) is ex - pected to benefit the health and welfare of California residents, (5) is not expected to benefit the state’s en - vironment, and is (6) not expected to benefit workers’ safety.

Health and welfare: The proposed action will ben - efit the health and welfare of California residents by preventing potential, and in this case likely, unnec - essary interior quarantines. Interior quarantines im - pact growers who are required to undergo expensive pre–harvest or post–harvest treatments, and in some case are unable to move or sell their harvest. There is also the cost to the state, in FY23/24, there were seven invasive fruit fly (IFF) quarantines, each costing be - tween 1.3 and 10 million dollars. Amending this regu- lation prevents these impacts from happening unnec - essarily.

Maintaining the economic baseline is import- ant to the health and welfare of California residents. CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

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

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

If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the pub - lic for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 5. COMMISSION ON TEACHER CREDENTIALING SUPPLEMENTARY AND SUBJECT MATTER AUTHORIZATIONS TO GENERAL EDUCATION TEACHING CREDENTIALS The Commission on Teacher Credentialing (Com - mission) proposes to take the regulatory action de - scribed below after considering all comments, objec -

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 708 tions, and recommendations regarding the proposed action. A copy of the proposed regulations is includ - ed with the added text underlined and the deleted text lined out. The Commission has not scheduled a public hearing on this proposed action. However, the Commission will hold a hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the comment period.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments rel - evant to the proposed action by fax, through the mail, or by email. The written comment period clos - es on July 6, 2026. Comments must be received by that time or may be submitted at the public hearing, should one be requested.

Interested parties may fax their response to (916) 327–3165; write to the Com - mission on Teacher Credentialing, Attention: Christi - na Villanueva, 651 Bannon Street, Suite 601, Sacra - mento, CA 95811; by phone at (916) 327–2967 or sub- mit an email to Regulations@ctc.ca.gov. Alternatively contact Ann Harris at (916) 327–2967 or by email at Regulations@ctc.ca.gov.

Any written comments received by the closing of the public comment period will be reproduced by the Commission’s staff for each member of the Commis - sion as a courtesy to the person submitting the com - ments and will be included in the written agenda pre - pared for and presented to the full Commission. AUTHORITY Education Code

section 44225(

q) authorizes the Commission to adopt the proposed regulations and amendments. REFERENCE Education Code sections 44256 and 44259. INFORMATION DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Effect of the Proposed Action Prior to the passage of Assembly Bill (AB) 2473 (Chap. 831, Stats 2024), an educator seeking to add a Supplementary or Subject Matter Authorization to an existing Single or Multiple Subject teaching credential was required to demonstrate academic requirements via either coursework evaluation or via degree major by providing official transcripts with their application for the authorization.

Effective September 28, 2024, statutory amendments resulting from AB 2473 pro - vide the following additional pathways for educators to satisfy subject matter requirements for Supplemen - tary and Subject Matter Authorizations: ● Passage of the California Subject Examinations for Teachers (CSET) examinations; ● Combination of CSET examinations and course - work, reviewed by an approved preparation pro - gram; and, ● Educators prepared and licensed in another state may request a Supplementary Authorization or Subject Matter Authorization based on holding a comparable authorization on a professional–level, out–of–state teaching license.

The additional pathways provide educators with op- portunities to earn subject specific authorizations that were not previously available to them. For example, an educator with an out–of–state teaching license who was previously unable to obtain a full Single Subject Teaching credential, due to lack of alignment with either the statutory subject area or grade level, now has the option to obtain a Supplementary or Subject Matter Authorization in the comparable subject area.

Additionally, educators who already have completed CSET exams in a specific subject area may have the opportunity to apply for a Supplementary or Subject Matter Authorization without taking additional ex - ams. The available options to earn each subject au - thorization, including the CSET exams required, are outlined within the Appendices of Coded Correspon- dence 25–03.

In addition to the amendments required to align regulations with the statutory changes resulting from AB 2473, proposed amendments also include updates to coursework requirements for visual arts and dance related authorizations for cultural relevancy and to align with current curriculum frameworks. Anticipated Benefits of the Proposed Regulations The proposed amendments clarify all methods cur - rently available to educators to satisfy the subject mat- ter requirements for a Supplementary or Subject Mat - ter Authorization.

These new options provide appli - cants with additional pathways without investing ad - ditional time and expense to complete the previous coursework and degree requirements. In addition, the amendments related to coursework requirements for visual arts and dance benefit applicants as the require- ments reflect coursework currently offered within the university and community college systems, and align with current standards.

Determination of Inconsistency/Incompatibility with Existing State Regulations The Commission has determined that the proposed regulation amendments are not inconsistent or incom- patible with existing regulations. After conducting a

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 709 review of any regulations that would relate to or affect this area, the Commission has concluded that these are the only regulations that concern the Supplementary and Subject Matter Authorizations. DISCLOSURES REGARDING THE PROPOSED ACTIONS/FISCAL IMPACT The Commission has made the following initial determinations. Mandate on local agencies or school districts: None. Fiscal Impact Costs to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None.

Cost or savings to any state agency: None. Other non–discretionary costs or savings imposed upon local agencies: None. Cost or savings in federal funding to the state: None. Significant effect on housing costs: None. Significant Statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The Commission is not aware of any Statewide ad - verse economic impact that directly affects business - es, including the ability of California businesses to compete with businesses in other states.

Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT In accordance with Government Code

section 11346.3(b), the Commission has made the following assessments regarding the proposed regulations: The Commission concludes that it is unlikely that the proposal will (1) create or eliminate any jobs, (2) create any new businesses, (3) eliminate any existing businesses or, (4) result in the expansion of business - es currently doing business within the state.

The pro - posed amendments will benefit educators as the new options provide applicants with pathways to use exist- ing CSET exams or out–of–state licenses that corre - spond to a Supplementary or Subject Matter Autho - rization to add that authorization without investing additional time and expense to complete the previous coursework or degree requirements.

Benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment As stated above under Anticipated Benefits of the Proposed Regulations, the proposed amendments will provide applicants with additional pathways without investing additional time and expense to complete the previous coursework or degree requirements. In addi - tion, the amendments will fill a gap and need that had not previously been met. The proposed regulations are not expected to affect worker safety or the state’s environment.

Small Business Determination The proposed regulations will not affect small busi- nesses. These regulations establish procedures for ed - ucators seeking to add Introductory and/or Specif - ic Supplementary Authorizations and Subject Matter Authorizations to Single Subject and Multiple Subject teaching credentials, not small businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Commission must de- termine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, as effective and less burdensome to affected private persons than the proposed action, or more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Commission invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the proposed regulations during the written comment period. CONTACT PERSONS Inquiries concerning the proposed rulemaking ac - tion may be directed to: Christina Villanueva Commission on Teacher Credentialing 651 Bannon Street, Suite 601, Sacramento, CA 95811 (916) 327–2967 Email: Regulations@ctc.ca.gov The backup for these inquiries is: Ann Harris Commission on Teacher Credentialing

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 710 651 Bannon Street, Suite 601 Sacramento, CA 95811 (916) 327–2967 Email: Regulations@ctc.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Commission will make the entire rulemaking file available for inspection and copying throughout the rulemaking process at the Commission office at the above address.

As of the date this notice is pub - lished in the Notice of Register, the rulemaking file consists of the Notice of Proposed Action, the pro - posed text of regulations, the Initial Statement of Rea- sons, Agenda items from Commission Meetings, and the Economic and Fiscal Impact Statement STD. 399. Please direct requests to inspect or copy the rulemak - ing file to the contact person listed above, Christina Villanueva. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Commission may adopt the proposed regulations substantially as described in this notice.

If the Commission makes modifications that are suf - ficiently related to the originally proposed text, it will make the modified text (with the changes clearly indi- cated) available to the public for at least 15 days be - fore adopting the regulations as revised. Please direct requests for copies of any modified regulations to the contact person(

s) listed above. If substantive modifi - cations are made, the Commission will accept written comments on the modified regulations for the duration of the period of public availability. AVAILABILITY OF FINAL STATEMENT OF REASONS Upon its completion, the Commission will make copies of the Final Statement of Reasons available. Please direct requests for copies to the contact per - son(

s) listed above. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, the text of the regulations with modifications highlighted, as well as the Final Statement of Reasons, when completed, and modified text and notices thereof, if any, may be accessed via the Commission’s website at https://www.ctc.ca.gov/ commission/notices/rulemaking/. TITLE 11. PR I VAC Y PROTECTION AGENCY AMEND CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Califor- nia Privacy Protection Agency, (CalPrivacy) pursu- ant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on May 22, 2026, and clos - ing on July 7, 2026. All inquiries should be directed to the contact listed below. The California Privacy Protection Agency pro - poses to amend its conflict–of–interest code to include employee positions that involve the making or partici- pation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Gov - ernment Code. The amendment carries out the pur - poses of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code: ● Standardize hyphenation in

chapter and

section titles from “CONFLICT–OF–INTEREST” and “Conflict–of–Interest” to “CONFLICT OF IN - TEREST” and “Conflict of Interest”. ● Clarify that Board Members and the Executive Director must electronically file statements of economic interests with the Fair Political Prac - tices Commission (Commission) while all other designated positions must file with CalPrivacy. ● Clarify that all statements must be available for public inspection and under Government Code

Section 81008. ● Add to existing Category 1 the following posi - tions for disclosure: ○ Chief Deputy Executive Director ○ Deputy Director of Policy and Legislation ○ Senior Management Auditor ○ Information Technology Specialist III (Au - dits, Enforcement) ○ Staff Services Manager I (Enforcement, Le- gal) ● Add to existing Category 2 the following posi - tions for disclosure: ○ Staff Services Manager III/Manager II ○ Staff Services Manager II/Supervisor II/An- alyst IV (Administration)

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 711 ○ Staff Services Manager I/Supervisor I (Ad - ministration) ● Establish and add to Category 3 the following po- sitions for disclosure: ○ Deputy Director of Public and External Af - fairs ○ Information Officer II ● Establish and add to Category 4 and/or Category 5 the following positions for disclosure: ○ Chief Information Officer/Chief of Informa- tion Technology ○ Information Technology Manager I ○ Information Technology Specialist II ○ Assistant Deputy Director (Data Broker Unit) ○ Supervisor II (Data Broker Unit) — Cate- gory 5 only ● Clarify that the Executive Director may issue a written determination narrowing disclosure for limited–scope consultants and new positions ● Conform Category 1 and Category 2 disclosure provisions to Commission model language ● Propose new disclosure provisions for positions established in Categories 3, 4, and 5 Information on the code amendment is attached to this email.

Any interested person may submit written com - ments relating to the proposed amendment by sub - mitting them no later than July 7, 2026, 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 June 22, 2026. The California Privacy Protection Agency has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3.

Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Kevin Sabo, Staff Services Manager, (279) 278–5086, regulations@cppa.ca.gov. TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION RESTRICTED HOUSING UNITS AND INCARCERATED PERSON PRIVILEGE GROUPS NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Re - habilitation (CDCR or the department), proposes to amend sections 3000, 3044, 3190, 3312, 3312.1, 3337, 3338, 3339, 3340, 3341, 3345, 3376, and 3376.1 of Ti- tle 15, Division 3, regarding Restricted Housing Units and Incarcerated Person Privilege Groups. PUBLIC COMMENT PERIOD The public comment period begins May 22, 2026, and closes on July 8, 2026.

Any person may sub - mit written comments by mail addressed to the pri - mary contact person listed below, or by email to rpmb@cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the regulations, call the program contact person list - ed below. CONTACT PERSONS Primary Contact S. Pollock Telephone: (279) 223–2308 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Su n Telephone: (916) 203–9779 Regulation and Policy Management Branch P.O.

Box 942883 Sacramento, CA 94283–0001 Program Contact Steve Jimenez Telephone: (279) 223–3659 Division of Adult Institutions P.O. Box 942883 Sacramento, CA 94283–0001 PUBLIC HEARING Date and Time: July 8, 2026 — 10:00 a.m. to 11:00 a.m.

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 712 Place: State of California, Building C, First Floor, Room 101 8260 Longleaf Drive Elk Grove, CA 95758 AUTHORITY AND REFERENCE Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, respon - sibilities, obligations, liabilities, and jurisdiction of abolished predecessor entities, such as Department of Corrections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that com- mencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC

Section 5050 pro- vides that commencing July 1, 2005, any reference to the Director of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, custody, treatment, training, discipline, and employ - ment of persons confined therein are vested in the Sec- retary of the CDCR. PC

Section 5055 provides that commencing July 1, 2005, all powers and duties pre - viously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of persons. PC

Section 5058.3 authorizes the Director to certify in a written statement filed with Office of Administrative Law that operational needs of the department require adoption, amendment, or re- peal of regulation on an emergency basis. Additional Authority and Reference Citations cited in the amended CCR sections: Cal. Const., ar- ticle I,

Section 32(b). Sections 2086, 2700, 2701, 2932, 2933, 2933.05, 2933.3, 2933.6, 2935, 3601, 3602, 4501.1, 4502, 5005, 5006, 5054, 5058, 5058.3, 5068, 6252, and 11191, Penal Code. Sections 3303 and 3309, Welfare and Institutions Code. Sections 8550 and 8567, Gov - ernment Code. Cal. Const.,

article I,

Section 32(a) (2); In re Monigold, 205 Cal.App.3d 1224 (1988). In re Al- cala, Marin County Superior Court, Number 117925, December 20, 1984; Armstrong v. Davis C o u r t O r- dered Remedial Plan, Amended January 3, 2001; In re Armstrong, N.D. Cal, Number C 94–02307, March 20, 1998; Quine v. Beard , Number C 14–02726 JST; Rhoades v. Montgomery , Number EHC01917; Tay- lor v. Hubbard , Number CV–00404–BAM PC; Rouser v. White Settlement Agreement, Number CV–0767–LKK–GGH(PC); Prison Legal News v.

Schwarzenegger Settlement Agreement, Number Civ–07–02058 CW and Religious Land Use and Insti- tutionalized Persons Act, 42 United States Code Sec - tions 2000cc et seq.; CCR, Title 15, Division 3, Chap- ter 1, Subchapter 4,

Article 5, Incarcerated Person Dis- cipline; Clark v California

(2002) USDC–ND (Num - ber C–96–1486–CRB); Sandin v. Connor, (1995) 515 U.S. 472; Madrid v. Gomez , (N.D. Cal. 1995) 889 F. Supp. 1146; Toussaint v. McCarthy , (9th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey, (9th Cir. 1984) 722 F.2d 1490; and Castillo v. Alameida, et al., (N.D. Cal., Number C94–2847); Coleman v. Wilson, 912 F.Supp. 1282 (E.D. Cal. 1995); Wright v. Enomoto (1976) 462 F.Supp. 397; Clark v. California 123 F.3d 1267 (9th Cir. 1997); Governor’s Prison Overcrowding State of Emergency Proclamation dated October 4, 2006.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Currently, regulations regarding Restricted Housing Unit (RHU) placements allow for less violations war - ranting RHU placement than previously warranted and provide reduced durations of RHU assignments than previous regulations provided for. These regula - tions were a result of the Governor’s veto of Assem - bly Bill 2632, and the Governor’s directive to CDCR to promote rehabilitation of incarcerated individu - als.

However, since the adoption of these less restric - tive regulations, the department has seen a significant surge in violent incidents and overdoses, including murder, assaults on staff, and assaults among incarcer- ated individuals. Evidence of the increase of these vi - olent incidents and overdoses has been researched and documented by the department’s Office of Research, who conducted research prior to and after these less restrictive regulations.

In order to mitigate the unin - tended consequences caused by the previous rulemak- ing, and reinforce institutional safety, staff security, and rehabilitative integrity, the department must scale back the provisions provided in the previous RHU regulations. Reinstating stricter disciplinary penalties for those committing offenses warranting RHU place- ment, lower–level privilege groups, or minor miscon - duct will serve as a deterrent to committing such of - fenses. The proposed regulations will reinstate institu- tional order, safety, and security, save lives and protect staff and incarcerated individuals.

This action will: ● Limit the canteen draw for incarcerated persons in Privilege Groups C, D, and AS to personal care and hygiene products only, and remove incarcer -

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 713 ated person packages from Privilege Groups C and D. ● Restrict the tablet use functions for Privilege Groups C, D, and AS by including that the mes - saging feature shall also be restricted; and allow - ing for only utilizing the tablet for approved edu- cational or rehabilitative programs and accessing departmental forms and services. ● Allow staff to respond to minor misconduct by imposing a 24–hour suspension of communica - tion and entertainment services on the incarcer - ated person’s tablet. ● Reinstate concurrent or consecutive RHU terms, to ensure the safety and security of departmental staff and the incarcerated population. ● Revise the RHU Term Matrix, adjusting RHU set terms and reinstating offenses consistent with previous regulations, serving as a deterrent for incarcerated persons committing these offenses. ● Allow the Institution Classification Committee (ICC) to assess an Administrative Restricted Housing Unit term for up to 24 months when specified circumstances exist. ● Allow the ICC to suspend an Administrative RHU term that was imposed by a previous ICC at any time when the ICC determines that the incar- cerated person no longer poses an unreasonable threat to the safety of any person or the security of the institution. ● Adopt provisions concerning incarcerated per - sons placed on an Administrative RHU term by the ICC or retained on an Administrative RHU term by the Departmental Review Board (DRB), specifying they shall be reviewed for release con- sideration no less frequently than every 180 days following their initial Administrative RHU term placement. ● Establish that the DRB may retain an incarcer - ated person on an Administrative RHU term be - yond 24 months when specified circumstances exist. ● Provide that incarcerated persons retained on an Administrative RHU term by the DRB shall be referred by an ICC to the DRB on an annual ba - sis to determine if continued placement in RHU remains necessary. ● Revise the Authorized Personal Property Sched - ule (APPS), and incorporate by reference into the CCR, Title 15, the revised (Rev. 05/26) APPS.

DOCUMENTS INCORPORATED BY REFERENCE ● Authorized Personal Property

Schedule (Rev. 05/26). This note explains the department’s justification for incorporating forms by reference. The department uses over 1,500 forms, many of which are regulatory. It would be unduly cumbersome, expensive and im - practical to print all of these forms in the CCR text, therefore the department has always incorporated forms by reference, except in specific circumstances which do not apply in the case of these regulations.

The adopted, amended, and/or repealed forms in - cluded in this rulemaking action are available to the public for review and are included in the notice of rulemaking sent to all parties who have requested notification. SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The department anticipates the proposed regula - tions will benefit staff and incarcerated individuals by reducing violent offenses and overdoses. The proposed regulations will protect and save the lives of staff and incarcerated individuals by reinstating institutional order, safety, and security.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code 11346.5(a) (3) (D), the department has determined the proposed regulations are not inconsistent or incompatible with existing reg- ulations. After conducting a review for any regula - tions that would relate to or affect this area, the depart- ment has concluded that these are the only regulations that concern Restricted Housing Units and incarcerat - ed person privilege groups.

LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim - bursement of costs or savings pursuant to Government Code Sections 17500–17630. FISCAL IMPACT STATEMENT ● Cost or savings to any State agency: None. ● Cost to any local agency or school district that is required to be reimbursed: None. ● Other nondiscretionary cost or savings imposed on local agencies: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 714 ● Cost or savings in federal funding to the State: None. EFFECT ON HOUSING COSTS The department has made an initial determination that the proposed action will have no significant effect on housing costs. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has made an initial determination that the proposed regulations will not have a signifi - cant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states, because the proposed regulations place no obligations or requirements on any business. EFFECT ON SMALL BUSINESSES The department has determined that the proposed regulations will not affect small businesses.

This ac - tion has no significant adverse economic impact on small businesses because they place no obligations or requirements on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The department has determined that the proposed regulation will not have any impact on the following: ● Creation or elimination of jobs within California. ● Creation of new businesses or elimination of ex - isting businesses within California. ● Expansion of businesses currently doing business with the State. ● The State’s environment.

These regulations may benefit the welfare of Cal - ifornia residents by helping to make CDCR institu - tions safer for incarcerated persons and staff. Addi - tionally, safer institutions may provide an environ - ment more conducive to rehabilitation, thereby reduc- ing recidivism.

CONSIDERATION OF ALTERNATIVES The department must determine that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention of the department would be more effective in carry - ing out the purpose for which the action is proposed, would be as effective and less burdensome to affect - ed private persons than the proposed regulatory ac - tion, or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provisions of law.

Interest - ed persons are invited to present statements or argu - ments with respect to any alternatives to the changes proposed at the scheduled hearing or during the writ - ten comment period. AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.

The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact per- son. The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the depart- ment’s website: www.cdcr.ca.gov. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the depart - ment’s contact person.

AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations substantially as described in this Notice. If the department makes modifications which are suffi - ciently related to the originally proposed text, it will make the modified text, with the changes clearly indi- cated, available to the public for at least 15 days before the department adopts, amends or repeals the regula - tions as revised. Requests for copies of any modified regulation text should be directed to the contact per - son indicated in this Notice.

The department will ac - cept written comments on the modified regulations for at least 15 days after the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 715 TITLE 22. HEALTH AND HUMAN SERVICES AGENCY CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Califor- nia Health and Human Services Agency, pursu - ant to the authority vested in it by

section 87306 of the Government Code, proposes an amendment to its conflict–of–interest code. A comment period has been established commencing on May 22, 2026, and clos - ing on July 6, 2026. All inquiries should be directed to the contact listed below. The California Health and Human Services Agen- cy proposes to amend its conflict–of–interest code to include employee positions that involve the making or participation in the making of decisions that may fore- seeably have a material effect on any financial inter - est, as set forth in subdivision (

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 burdensome to affected persons. Changes to the conflict–of–interest code include adding positions that involve the making or partici - pating in making of governmental decisions; remov - ing positions that do not perform duties meeting this standard; changing disclosure categories particularly for positions that do not make real property decisions; changing the analyst and Staff Services Manager po - sition names; and also makes other technical changes.

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 6, 2026, 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 June 21, 2026. The California Health and Human Services Agen- cy 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: Deepa Menon Senior Attorney Office of Technology and Solutions Integration 2870 Gateway Oaks Drive, Suite 150 Sacramento, CA 95833 Deepa.Menon@otsi.ca.gov GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2026–184–001–R4 Project: Arroyo Seco River Fish Passage Project — Clark Colony Water Company Location: Monterey County Applicant: Paul Robins, Resource Conservation District of Monterey County Background Project Location: The Arroyo Seco River Fish Passage Project — Clark Colony Water Compa - ny (Project) is located within and adjacent to the Arroyo Seco River, approximately 11 river miles from its confluence with the Salinas River; near the city of Greenfield, in Monterey County; centered at 36.285737, –121.314426; Sections 10 and 15, Town - ship 19 South, Range 6 East; U.S.

Geological Sur - vey Map Paraiso Springs; Assessor’s Parcel Numbers 109–492–003–000 and 109–481–009–000.

Project Description: Resource Conservation District of Monterey County (Applicant) propos - es to enhance or restore habitat within the Arroyo Seco River, a tributary to the Salinas River, to pro - vide a net conservation benefit for fish such as the south–central California coast steelhead ( Oncorhyn- chus mykiss irideus ), designated as a threatened spe - cies pursuant to the federal Endangered Species Act (16 U.S.C. § 1531 et seq.), and Pacific lamprey (Ento- sphenus tridentatus), a California Department of Fish and Wildlife (CDFW) Species of Special Concern.

The Project involves the modification of exist - ing diversion infrastructure, to eliminate the highest priority fish migration barrier in the greater Salinas River watershed and allow for the continued use of pre–1914 water rights in a manner which protects

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 716 steelhead from inadvertent entrapment. Approximate- ly four miles of the Arroyo Seco River and four miles of Vaquero Creek, a tributary to the Arryo Seco Riv - er, will be made accessible to fish during all flows. The Project does not include the ongoing operation of the diversion by the Clark Colony Water Company.

Specifically, the Project includes: ● Isolation of the work area with fish block nets, and subsequent fish relocation. ● Temporary dewatering of the work area with cof- ferdam(s), pumps, and diversion pipe(s). ● Demolition of 752 square feet (ft 2) of headgates and 3,016 ft2 of concrete. ● Grading of the streambed and bank. ● Installation of: ○ Approximately 6,152 ft 2 of engineered streambed material, to establish a 60–foot– wide, 120–foot–long roughened rock ramp with a 3% profile grade. ○ Approximately 2,310 ft 2 rock slope protec - tion on river right. ○ A 66–foot–long, 36–inch diameter high– density polyethylene (HDPE) pipe, to con - vey water from the fish screen enclosures. ○ Approximately 319 cubic yards of concrete to construct a new headwall, wingwalls, and conduit, to reconstruct the diversion canal. ○ Approximately 1,652 ft 2 of aggregate, to form a driveway for access to the diversion. ○ A 12–foot diameter stainless steel cone screen with four 5–foot–wide, 4–foot–tall openings fitted with stainless steel slide gates, and rotating brushes controlled by a solar array. ○ A prefabricated modular steel shipping con- tainer, to house the solar array and electron- ics for control of the diversion. ○ Approximately 72 linear feet of willow baffles, to promote the establishment of an in–channel vegetated bar. ● Screen bay modification to allow fish return via the Arroyo Seco River upstream or into a bypass pool to the left of the screens.

Exposed concrete corners in the screen bay will provide Pacific lamprey passage. ● Salvage and replanting of native species such as willow (Salix spp.), California sycamore ( Plata- nus racemosa ), alder ( Alnus spp. ), cottonwood (Populus spp. ), California mugwort ( Artemisia douglasiana), and mulefat (Baccharis salicifolia). The Project design was funded by CDFW via grant agreement Q2296023. The design has been reviewed and approved by CDFW staff and National Marine Fisheries Service (NMFS) staff. Project Size: The total area of temporary impacts is approximately 1.35 acres and 210 linear feet.

The to - tal area of permanent impacts is approximately 0.085 acres and 250 linear feet. The Project complies with the General 401 Certification for Small Habitat Res - toration Projects and associated categorical exemption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge: Discharge of ma - terials into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Project include those associated with the following: (1) rock of various types, including class 2, class 11, engineered streambed material, and aggregate base, (2) engineered fill, (3) concrete, (4) slide gate, (5) met- al cone screen, (6) polyvinyl chloride cleanout,

(7) HDPE pipe, (8) fiber rolls, and (9) gravel bag dewa - tering dam. Project Timeframes: The Project is expected to oc - cur June 15–October 31, 2026, with a total of 90 work- ing days. However, in the event of unforeseen delay, the Project timeframe will account for five years to al- low

schedule flexibility. Construction will be complet- ed no later than June 30, 2031. Water Quality Certification Background: Because the Project’s primary purpose is habitat restoration intended to improve the quality of waters in Califor - nia, the Central Coast Regional Water Quality Control Board (Regional Water Board) issued a Notice of Ap- plicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Proj- ects SB12006GN (Order) (Waste Discharge Identifi - cation (WDID) Number 32726WQ03, for the Project.

The NOA describes the Project and requires the Ap - plicant to comply with terms of the Order. Addition - ally, the Applicant has provided a supplemental docu- ment that sets forth measures to avoid and minimize impacts to fish and wildlife. Regional Water Board staff determined the Project may proceed under the Order. Additionally, Regional Water Board staff determined the Project, as described in the Notice of Intent (NOI) complies with the Cal - ifornia Environmental Quality Act (Pub. Resources Code, § 21000 et seq.).

On April 15, 2026, the Director of CDFW received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

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

section 1653 sub - division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on April 15, 2026, for pub-

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 717 lishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. No - tice File Number Z–2026–0415–03) on May 1, 2026. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

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

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

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

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

section 1653, subdivision (b) (4), were included in an attachment to the NOI, which contains the following categories:

(1) Water Quality and Hazardous Materials;

(2) Staging and Stockpiling;

(3) Erosion and Sedimentation Con - trol Measures;

(4) General In–Water Measures;

(5) De- watering Activities and Aquatic Species Relocation;

(6) Vegetation Disturbance and Revegetation; and

(7) Species Protection Measures. The specific avoid - ance and minimization requirements are found in an attachment to the NOI, Clark Colony Arroyo Seco_ Protection Measures 01–29–2026. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the Project–specific Monitoring and Reporting Plan. The Monitoring and Reporting Plan provides a timeline for restoration, performance standards, and monitoring parameters and protocols. Specific requirements of the plan are found in Appendix B, Attachment B–1, and Attachment B–2, which are attachments to the NOI.

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

The NOC shall demonstrate the Applicant has car - ried out the Project in accordance with the Project description as provided in the Applicant’s NOI. The Applicant shall include the project name and WDID number with all future inquiries and document sub - mittals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall submit the monitoring plan, monitoring report, and NOC to CDFW as required by the General Order. The Ap - plicant shall submit documents electronically to: Megan.Rooney@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

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

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

Chapter 6 (commenc - ing with

section 1600) and

Chapter 10 (commencing with

section 1900) of this Division and

Chapter 1.5 (commencing with

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

If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW. (See generally Fish & Game Code, § 1654, subdivision (c).) DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2026–183–001–R1 Project: Stony Creek Location: Lassen County Applicant: Amy Holmen, Lassen Land and Trails Trust Background Project Location: The Stony Creek (Project) is lo - cated within Stony Creek, a tributary to Secret Creek, off Shinn Ranch Road, outside the rural communi - ty of Litchfield, in Lassen County, California, at a property owned by the Bureau of Land Management, Assessor Parcel Numbers (APN) 095–010–02–11; 095–010–03–1 1; 083–090–06–1 1; 083–100–04–1 1;

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 718 083–130–02–11. Latitude: 40.584826 and Longitude: –120.185839. Project Description: Lassen Land and Trails Trust (Applicant) proposes to enhance or restore habitat within Stony Creek to provide a net conservation ben- efit for greater sage–grouse ( Centrocercus uropha - sianus) and other riparian bird species. The Project in- cludes the installation of up to 55 Beaver Dam Ana - logue (BDAs) and 65 hand built rock structures (Zee - dyk structures) in the Sheep Corral spring and stream systems.

The Zeedyk structures are made of rock and are in - tended to restore the hydrologic and ecological func - tion of the wet meadows and small streams impacted by head–cutting, gully erosion, and channel incision. The structures help to slow and disperse water, dissi - pate energy, capture sediment, and increase soil mois- ture thereby promoting mesic and wetland plant spe - cies expansion that prevents further degradation and fosters channel recovery. Rock will be sourced pri - marily from on–site locations, but may hauled from offsite locations if needed.

Rocks used will be approx- imately lunch–boxed sized and rock structures will not be more than 2–3 feet in height. The BDAs will be made of vegetative material and are designed to facilitate process–based restoration of streams and riparian areas. They will mimic and pro - mote the processes of beaver activity. They also mim- ic wood accumulation and re–establish channel sinu - osity and braided channel system. Structures are low, semi–permeable, and hand–built using native materi - als (wood, sod, etc.) with untreated wooden fence posts added where necessary for extra stability.

BDAs will not exceed 4 feet in height, based on the elevation at the time if aggradation has occurred and maintenance is being conducted. Minor adjustments to the origi - nal structure may be needed if it appears water is not flowing as desired or is causing unintended erosion. Work will be done by hand within wetted portions of both perennial and ephemeral channels. For veg - etation structures, a gas–powered post pounder may be used to drive in wooden posts. Chainsaws, brush - cutters, sawzalls, and handsaws may be used to har - vest material for vegetation structures.

Hand tools in - cluding but not limited to shovels, rock bars, and picks may be used to fit rocks into channel and level back overhanging head cuts. Project Size: The total area of ground disturbance associated with the Project is approximately 0.13 acres and 480 linear feet. The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical ex - emption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge: Discharge of materi- als into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Proj- ect include those associated with the following: (1) rock rip rap, (2) native vegetation, (3) untreated wood- en posts, and (4) native soil.

Project Timeframes: Start date: April 2026 Completion date: December 2031 Work window: August 15–October 31 Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration intended to improve the quality of waters in Califor - nia and improve stream and riparian habitat, the La - hontan 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 6A182603001 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: Stony Creek, tributary to Secret Creek.

Filled or Excavated Area: Temporary area impacted: 0 acres maximum Permanent area impacted: 0.13 Length temporarily impacted: 0 linear feet Length permanently impacted: 480 linear feet Discharge Volume: nine cubic yards (cy) of native rock rip rap, 65 cy of native vegetation, 14 cy untreat- ed wooden posts, and 27 cy of native soil. Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Proj - ect, as described in the Notice of Intent (NOI) com - plies with the California Environmental Quality Act (Pub.

Resources Code, § 21000 et seq.). On April 7, 2026, the Director of the California De- partment of Fish and Wildlife (CDFW) received a no- tice from the Applicant requesting a determination pursuant to Fish and Game Code

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

section 1653 sub - division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on April 7, 2026, for pub - lishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. No - tice File Number Z–2026–0407–08) on April 17, 2026. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (f).

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 719 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:

section 1653, subdivision (b) (4), were included in an attachment to the NOI. The specific avoidance and minimization re- quirements are found in an attachment to the NOI, ti - tled ‘HREA Project Description ’ in the

section titled Avoidance/Minimization Measures beginning on page 11. Monitoring and Reporting As required by Fish and Game Code

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

section titled Mon- itoring and Reporting Plan beginning on page 7. Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Or - der for Small Habitat Restoration Projects requires the Applicant to submit a Notice of Completion (NOC) no later than 30 days after the project has been complet - ed. A complete NOC includes at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● WDID number indicated above; ● success criteria for the Project.

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

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

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

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

Chapter 6 (commencing with

section 1600) and

Chapter 10 (com- mencing with

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

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

If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW. (See generally Fish & Game Code, § 1654, subdivision (c).) DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR SOUTH FORK LOST RIVER STREAMFLOW AND HABITAT ENHANCEMENT PROJECT 2080–2026–007–01 HUMBOLDT COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on May 5, 2026 that Sanc - tuary Forest Inc. proposes to rely on a consultation be- tween federal agencies to carry out a project that may adversely affect a species protected by the California Endangered Species Act (CESA).

The proposed proj - ect involves streamflow enhancement, instream habi - tat enhancement and fish passage. Proposed activities will include, but are not limited to, log and rock weir installation, subsurface clay restrictive barriers, wood placement, and gravel augmentation, excavation, veg- etation removal and, stream dewatering and fish relo - cation. The proposed project will occur list location. The National Marine Fisheries Service issued a fed- eral programmatic biological opinion (PBO) (Service Ref.

Number WCRO–2021–02830) in a memorandum to the National Oceanic and Atmospheric Adminis - tration Restoration Center (NOAA RC) and the U.S. Army Corps of Engineers on March 31, 2022, which considered the effects of the eligible restoration proj -

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 720 ects on multiple federally listed species. On May 12, 2023, Sanctuary Forest Inc. applied to NOAA RC for inclusion of the proposed project under the PBO for state and federally threatened Southern Oregon / Northern California Coast (SONCC) Coho ( Onco- rhynchus kisutch). On May 5, 2026, NOAA RC deter- mined that the project fits within the scope of the PBO. Pursuant to California Fish and Game Code

section 2080.1, Sanctuary Forest Inc. is requesting a determi - nation that the Incidental Take Statement (ITS) and its associated PBO are consistent with CESA for purpos- es of the proposed project. If CDFW determines the ITS and associated PBO are consistent with CESA for the proposed project, Sanctuary Forest Inc. will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project. DECISION NOT TO PROCEED DEPARTMENT OF PUBLIC HEALTH PURSUANT TO GOVERNMENT CODE

SECTION 11347 DPH–21–009 NEW LOCAL HEALTH DEPARTMENT APPLICATION Pursuant to Government Code

Section 11347, The California Department of Public Health hereby gives notice that it has decided not to proceed with the rulemaking action published in the California Regula- tory Notice Register (CNCR) on 5/23/25 (Notice Reg- ister 2025 21–Z). The proposed rulemaking concerned a New Local Health Department Application. (OAL Notice Z2025–0513–02). Any interested person with questions con - cerning this rulemaking should contact Hannah Strom–Martin at (279) 217–0764 or Hannah.Strom–Martin@cdph.ca.gov. The Department will also publish this Notice on its website.

RULEMAKING PETITION DECISION AIR RESOURCES BOARD MAY 7, 2026 - TRANSMITTED VIA EMAIL Craig S. Harrison Nancy and Brantly Richardson Neighborhood Coalition Sonoma County P.O. Box 1229 Sebastopol, California 95473 NeighborhoodCoalition@gmail.com craigspencerharrison@gmail.com deppstein@gmail.com Re: Response to Petition for Rulemaking to List ß–Myrcene and Cannabis Emissions as Haz - ardous Air Pollutants and to Regulate Com - mercial Cannabis and Hemp Cultivation Op - erations as Stationary Sources Subject to New Source Review and Emissions Standards.

Dear Craig Harrison, Nancy Richardson, and Brantly Richardson; Thank you for submitting, on behalf of the Neigh - borhood Coalition Sonoma County, the January 20, 2026, petition for rulemaking pursuant to California Government Code

section 11340.6 entitled “Petition for Rulemaking to List β–Myrcene as a Hazardous Air Pollutant and to Regulate Commercial Cannabis and Hemp Cultivation Operations as Stationary Sources Subject to New Source Review and Emissions Stan - dards” to the California Air Resources Board (CARB or Board). CARB initially acknowledged receipt of the petition on February 6, 2026. CARB appreciates that petitioners agreed to extend the deadline for re - sponse to the petition to May 20, 2026, and now re - sponds in this letter.

The petition requests that CARB submit beta–myrcene and other volatile organic compounds (VOCs) emissions from cannabis (collectively, “can - nabis emissions”) for consideration as toxic air con - taminants (TACs), conduct a rulemaking for airborne toxic control measures (ATCMs) relating to any such

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 721 designated TACs, and regulate cannabis operations as stationary sources subject to new source review. Government Code

section 11340.6 provides that “any interested person may petition a state agency re - questing the adoption, amendment, or repeal of a reg - ulation as provided in [the California Administrative Procedure Act provisions on rulemakings].” Such a petition must “clearly and concisely” state: “the sub - stance or nature of the regulation, amendment or re - peal requested,” “[t]he reason for the request,” and “[r] eference to the authority of the state agency to take the action requested.” (Gov. Code, § 11340.6(a)–(c)). Pursuant to Government Code

section 11340.7, CARB may respond to the Petition in writing or by hearing. By this letter, CARB respectfully denies the Peti - tion. The basis for the denial is set forth in this letter. I. BACKGROUND TACs are defined as “an air pollutant which may cause or contribute to an increase in mortality or in se- rious illness, or which may pose a present or potential hazard to human health…” (Health & Safety Code, § 3 9655(a).) TACs are identified and designated pursu - ant to the statutory process laid out in Health and Safe- ty Code sections 39650–39664. Pursuant to

section 39660 specifically, CARB is charged with evaluating potential air toxics in collaboration with the Office of Environmental Health Hazard Assessment (OEHHA), including considering all available scientific data, and assessing the availability and quality of the data on health effects. (Health & Safety Code, § 3 9660(a)–(c).) Additionally, priority must be given to the evaluation and regulation of substances based on risk of harm to public health, potential emissions, manner of and ex - posure to usage of the substance, persistence in the at- mosphere, ambient concentrations in the community, and other factors. (Health & Safety Code, § 3 9660(f).) CARB has formally identified over 200 substances and groups of substances as TACs. 1 These TACs are listed in the California Code of Regulations, title 17,

section 93000. CARB’s TAC Identification Reports 2 provides descriptions and summaries of each listed substance. Upon TAC designation, CARB reviews the data for the TACs to develop ATCMs pursuant to Health and Safety Code sections 39665–39669. CARB pre - pares a report on the need and appropriate degree of regulation for each substance which the state board has determined to be a TAC with the participation of the districts and in consultation with affected sourc - 1 Cal.

Code Regs., title 17, § 93000 et seq. 2 CARB, TAC Identification Reports, https://ww2.arb.ca.gov/ resources/documents/toxic–air–contaminant–identification–re - ports (last visited Apr. 21, 2026). es and the interested public. (Health & Safety Code, § 3 9665.) The report is released to the public for com - ment for 45 days. Following a public hearing, CARB adopts the ATCM related to the TAC. An ATCM is a recommended method or range of methods that “re - duce, avoid, or eliminate the emissions of a toxic air contaminant” or an emission standard adopted by the U.S. Environmental Protection Agency under

section 112 of the Clean Air Act. 3 ATCMs include, but are not limited to, “emission limitations, control technologies, the use of operational and maintenance conditions, closed system engineering, design, equipment, or work practice standards, and the reduction, avoidance, or elimination of emissions through process changes, substitution of materials, or other modifications.” 4 The ATCM may or may not indicate a threshold exposure level based on anticipated adverse health effects.

Once CARB adopts the ATCM, the districts are re - quired to implement and enforce the ATCM for non - vehicular sources within their jurisdiction within 120 days after adoption. 5 The districts are also allowed to adopt equally or more stringent measures. District New Source Review (NSR) rules must require new or modified sources to control emissions of TACs con - sistent with the requirements of the Health and Safe - ty Code. II. REQUEST FOR NEW SOURCE REVIEW With respect to the petition’s request for new source review, CARB generally does not conduct such re - views.

Under the Clean Air Act, only criteria pol - lutants are regulated as “new source review” (NSR) pollutants. (40 CFR § 5 1.165(a) (1) (xxxvi); 40 USC § 7 410.) Beta–myrcene, the primary compound of con - cern in this request, is not a criteria pollutant under federal law and therefore is not subject to the federal NSR program. Air districts similarly have their own new source review programs.

For California, the 35 California air districts have primary authority to conduct new source reviews of stationary source emissions under California law. (Health & Safety Code, § 4 2500, et seq.) Pursuant to Health and Safety Code

section 42502, air districts “have primary responsibility for controlling air pol - lution caused by nonvehicular sources” through their NSR programs. (Health & Safety Code, § 4 2502(c).) 6 “Each district’s ‘existing new source review program’ is comprised of those new source review rules and regulations for both nonattainment and prevention of 3 Health & Safety Code, § 39660(f). 4 Id. 5 Health & Safety Code, § 39666(d). 6 CARB may exercise authority over stationary sources in cir - cumstances not present here. See Health & Safety Code, §§ 38510, 41500, et seq.

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 722 significant deterioration for new, modified, repaired, or replaced sources that have been adopted by the dis- trict governing board ….” (Health & Safety Code, § 42505.) Questions relating to any district’s NSR should be directed towards the respective regional air qual - ity management district. Contact information for each air district is located at https://ww2.arb.ca.gov/ california–air–districts . III. REQUEST TO EVALUATE 140 COM POU N DS The petition asks CARB to evaluate approximately 140 VOCs emitted from cannabis, known as terpenes.

As the petition identifies, “[a] terpene is a volatile, unsaturated carbon, and includes beta–myrcene and d–limonene.” However, the request clearly focuses on the identification of beta–myrcene, which has a higher known potential health risk than d–limonene. As stat - ed above, the statute requires CARB to prioritize eval- uation. (Health & Safety Code, § 39660(f).) Thus, for these reasons, CARB treated the petition as one to ex- amine beta–myrcene only as the compound of great - est concern in the emissions inventory from cannabis. Under Health and Safety Code

section 39660, CARB consultation in this evaluation must include: All available scientific data, including, but not lim - ited to, relevant data provided by the state board, the State Department of Health Services, the Occupation- al Safety and Health Division of the Department of In- dustrial Relations, the Department of Pesticide Regu - lation, international and federal health agencies, pri - vate industry, academic researchers, and public health and environmental organizations.

Further “[t]he evaluation shall be performed using current principles, practices, and methods used by public health professionals who are experienced prac- titioners in the fields of epidemiology, human health effects assessment, risk assessment, and toxicity.” (Id.) As discussed above, TAC identification is complex, time–consuming, and generally requires significant resources. Health and Safety Code

section 39657 allows for fast–tracking of compounds that U.S. Environmen - tal Protection Agency (U.S. EPA) has determined are Hazardous Air Pollutants (HAP) under

Section 112 of the Clean Air Act (42 USC § 7412) but not compounds outside the federal HAP list. (Health & Safety Code, § 39657(b).) Even then, CARB is charged with evalu- ating the federal emission standard for that compound to determine whether it is sufficient for California’s needs. (Health & Safety Code, § 39658(b).) The petition references beta–myrcene, which is not a HAP, as the primary compound of concern, so CARB is limiting its analysis to this compound. (Cal. Code Regs., title 17, § 93001.) IV.

EMISSIONS DIRECTLY FROM THE CANNABIS PLANT The petition requests CARB to regulate emissions that stem directly from the cannabis plant as opposed to emissions that may be created by any part of its pro- cessing. CARB is analyzing this issue as one relating to human processes and not the plant itself. For initial background, Health and Safety Code sec- tion 41700(

a) states that “[e]xcept as otherwise pro - vided in

Section 41705, a person shall not discharge from any source whatsoever quantities of air contam - inants… that cause injury, detriment, nuisance, or an - noyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any of those persons or the pub - lic… or have a natural tendency to cause, injury or damage to business or property.” CARB’s analysis would therefore, by necessity, be limited to human in- tervention that caused the emission.

The petition stated that certain plant cultivation practices are designed to increase the beta–Myrcene and other VOC content in the plants, so CARB is fo - cusing on whether these cause the VOC content to rise to a level that may endanger human health. V. SCIENTIFIC REVIEW The available scientific literature in the context of cannabis emissions provides conflicting informa - tion about any potential health effects and their ex - tent. There is not enough information in the litera - ture to support a finding that cannabis emissions or beta–myrcene should be prioritized for TAC identifi - cation.

As noted above, Health and Safety Code sec - tion 39660(

f) recognizes the need for prioritization and states that priority must be given to the evaluation and regulation of substances based on risk of harm to public health, potential emissions, persistence in the atmosphere and other factors. The available scientific evidence for the potential for beta–myrcene to cause human health risks is not as well–established com - pared to current TACs, such as inorganic arsenic or formaldehyde. Beta–myrcene has been shown to be carcinogenic in experimental animals, but there is inadequate evi - dence of carcinogenicity in humans.

Additionally, the mode of action, or how it causes physiological effects, is uncertain, with evidence indicating both adverse and potentially beneficial biological effects. In two–year National Toxicology Program (NTP) gavage studies, beta–myrcene caused renal tubule ad - enomas and carcinomas (kidney tumors and cancer) in

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 723 a specific species of male rats, designated with strain number F344/N, as well as hepatocellular adenomas, hepatocellular carcinomas, and hepatoblastomas (liv - er tumors and cancer) in a specific species of male mice, strain number B6C3F1, with equivocal evidence of carcinogenic activity in females of both species. 7 Based on these findings, NTP concluded that “beta– myrcene caused kidney cancers in male rats and liver cancer in male mice” under the study conditions. 8 Based on findings of the NTP report, the Califor - nia Office of Environmental Health Hazard Assess - ment (OEHHA) subsequently listed beta–myrcene un- der Proposition 65 9 as “known to the state to cause cancer” via the authoritative bodies mechanism. 10 The International Agency for Research on Cancer (IARC) classified beta–myrcene as “possibly carcinogenic to humans” (Group 2B), citing sufficient evidence in an- imals and inadequate evidence in humans. 11 The Aus- tralian Industrial Chemicals Introduction Scheme (AICIS) determined that while animal data clearly in - dicate tumor formation, evidence is insufficient to es - tablish human carcinogenic potential. 12 The mode of action for beta–myrcene, or how it im- pacts the physiology of living organisms, is uncertain.

NTP (2010) and IARC (2019) reviews consistently find that beta–myrcene is not clearly genotoxic (damaging to genetic material) in standard bacterial and mamma- lian assays, either in vitro or in vivo.

However, there have been newer findings of positive genotoxic effects 7 N a t i o n a l T o x i c o l o g y P r o g r a m . 2 0 1 0 . “ T o x i c o l o g y a n d C a r- cinogenesis Studies of β–Myrcene (CAS Number 123–35–3) in F344/N Rats and B6C3F1 Mice (Gavage Studies).” NTP Techni- cal Report 557. 8 Id. 9 Safe Drinking Water and Toxic Enforcement Act of 1986, Health & Safety Code, § 25249.5, et seq. 10 OEHHA. 2015. “Chemical Listed Effective March 27, 2015 as Known to the State of California to Cause Cancer: Beta– Myrcene.” California Environmental Protection Agency. https:// oehha.ca.gov/proposition–65/crnr/chemical–listed–effective– march–27–2015–known–state–california–cause–cancer–beta– myrcene. 11 IARC. 2019. “IARC Monographs on the Evaluation of Car - cinogenic Risks to Humans.

Volume 119: Some Chemicals That Cause Tumours of the Urinary Tract in Rodents.” IARC, World Health Organization, Lyon, France. (β–Myrcene mono - graph, Group 2B classification). https://www.iarc.who.int/ news–events/iarc–monographs–volume–119– some–chemicals–that–cause–tumours–of–the– urinary–tract–in–rodents . 12 AICIS. 2022. “Evaluation Statement: 1,6–Octadiene, 7–meth - yl–3–methylene– (myrcene).

Evaluation Statement [EVA00048], 30 May 2022.” Australian Government, Department of Health. https://www.industrialchemicals.gov.au/sites/default/ files/2022-05/EVA00048%20-%20Evaluation%20statement%20 -%2030%20May%202022.pdf in human cells. 13 Further study is needed to fully de - termine genotoxicity and mutagenic impacts as well as the method of administration.

In addition, due to beta–myrcene being a major constituent of many es - sential oils, studies examining beneficial effects have suggested antioxidant, anti–inflammatory, or neu- ropharmacological effects, although the study qual - ities vary and their relevance for risk assessment is questionable. Given the conflicting information, the lack of con - clusive evidence of beta–myrcene being a carcinogen- ic compound in humans and the need for further study relating to how it impacts physiology, it is premature to consider beta–myrcene for TAC inclusion. VI.

DETERMINATION AND CONCLUSION Therefore, after careful consideration of the peti - tion, the relevant law, and the current context of can - nabis regulations, CARB denies the petition in whole, pursuant to paragraph (

a) of Government Code sec - tion 11340.7 14 With respect to beta–myrcene, there is insufficient scientific evidence to prioritize this com - pound by taking it through the TAC identification pro- cess. As noted above, new source review is primarily led by air districts. The record upon which this decision is based in - cludes the petition and its exhibits, this letter, the ma - terials referenced herein, and its attachments. While CARB is denying the petition to initiate a rulemaking, CARB appreciates the petitioners’ engagement and will continue to monitor the scientific literature. In accordance with Government Code

section 11340.7 (d), a copy of this letter is being transmit - ted to the Office of Administrative Law for publica- tion in the California Regulatory Notice Register. The agency contact person in this matter is Myanna Del - linger, Senior Attorney, available at (951) 542–3147 or myanna.dellinger@arb.ca.gov. Interested parties may obtain a copy of the petition upon request to Jennifer Simpson, Supervisor, Board Administration and Regulator Coordination Unit, jennifer.simpson@arb.ca.gov. Upon request, physical copies could be obtained from 1001 I Street, Sacra - mento, California, 95814.

Sincerely, 13 Orlando JB, Silva BO, Pires–Cunha CL, Hiruma–Lima CA, Gaivão IOM, Maistro EL. 2019. “Genotoxic effects induced by beta–myrcene following metabolism by liv - er HepG2/C3A human cells.” J Toxicol Environ Health A. 2019;82(3):176–185. doi: 10.1080/15287394.2019.1577195. https://pubmed.ncbi.nlm.nih.gov/30806179/. 14 CARB, “[u]pon receipt of a petition requesting the adoption… of a regulation pursuant to

Article 5 (commencing with

Section 11346), a state agency shall notify the petitioner in writing of the receipt and shall within 30 days deny the petition…” Gov. Code, §11340.7(a).

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 724 /s/ Steven S.

Cliff, Ph.D., Executive Officer cc: California Office of Administrative Law Lauren Sanchez, Chair, California Air Resources Board California Air Resources Board Honorable Board Members Edie Chang, Deputy Executive Officer, California Air Resources Board Rajinder Sahota, Deputy Executive Officer, Califor- nia Air Resources Board Shannon Dilley, Chief Counsel, California Air Re - sources Board Abigail May, Deputy Counsel, California Air Re - sources Board Rich Boyd, Division Chief, Transportation and Tox- ics Division, California Air Resources Board Ajay Manget, Assistant Division Chief, Transporta- tion and Toxics Division, California Air Resources Board Matthew O’Donnell, Branch Chief, Risk Reduction Branch, Transportation and Toxics Division, Cali - fornia Air Resources Board Elizabeth Scheele, Division Chief, Research Divi - sion, California Air Resources Board Bonnie Holmes — Gen, Branch Chief, Health and Exposure Branch, Research Division, California Air Resources Board CARB Board Administration and Regulatory Coor- dination Unit A V AILABILITY OF INDEX OF PRECEDENTIAL DECISIONS MEDICAL BOARD OF CALIFORNIA NOTICE OF AVAILABILITY OF PRECEDENTIAL DECISIONS INDEX Notice is hereby given that the Medical Board of California (MBC) maintains an index of cas - es that the MBC has designated as precedential de - cisions.

The index is available on the Internet at https://www.mbc.ca.gov/About/Laws/Precedential– Decisions/. The index is available to the public by an - nual email subscription from the MBC. This notice is published pursuant to California Gov- ernment Code

section 11425.60, subdivision (c).

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

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. Fish and Game Commission File # 2026–0401–01 Ocean Salmon Recreational Fishing April 2026 In–Season Amendment This action by the Fish and Game Commission pur- suant to Fish and Game Code

section 7110 and Cal - ifornia Code of Regulations, title 14,

section 1.95, makes in–season amendments to the 2026 recreation - al Ocean Salmon fishing season to conform with the National Marine Fishery Service, In–Season Action #24, issued March 9, 2026, and is submitting to OAL for filing and printing only. Title 14 Amend: 27.80 Filed 05/12/2026 Effective 04/04/2026 Agency Contact: David Haug (916) 902–9286 Department of Corrections and Rehabilitation File # 2026–0416–02 Non–Substantive Change — (TNIAPPS) This

Section 100 action filed by the California De - partment of Corrections and Rehabilitation pursu - ant to California Code of Regulations, title1, sec - tion 100, corrects a citation error in the Transgender, Non–Binary, and Intersex Incarcerated Persons Au - thorized Personal Property

Schedule (TNIAPPS) that is incorporated by reference in California Code of Regulations, title 15,

section 3190, subsection (e). Title 15 Amend: 3190 Filed 05/12/2026 Agency Contact: Sarah Pollock (279) 223–2308

CALIFORNIA REGULATORY NOTICE REGISTER 2026, VOLUME NUMBER 21–Z 725 Board of Barbering and Cosmetology File # 2026–0324–03 Disciplinary Guidelines In this regular rulemaking action, the Board of Barbering and Cosmetology updates its disciplinary guidelines.

Title 16 Amend: 972 Filed 05/06/2026 Effective 07/01/2026 Agency Contact: Allison Lee (279) 278–5107 Department of Pesticide Regulation File # 2026–0402–01 Groundwater Protection List In this rulemaking action, the Department of Pes - ticide Regulation updates the Groundwater Protec - tion List and its scientific methodology for identifying which pesticides must be placed on that list.

Title 03 Adopt: 6805 Amend: 6622, 6624, 6800 Repeal: 6804 Filed 05/13/2026 Effective 07/01/2026 Agency Contact: Lauren Otani (916) 445–5781 Department of Resources Recycling and Recovery File # 2026–0330–01 CalRecycle Informal Hearing Rules Regulations In this rulemaking action, the Department of Re - sources Recycling and Recovery (CalRecycle) is adopting and amending regulations governing Cal - Recycle’s hearings conducted pursuant to

Chapter 4.5 (commencing with Government Code

section 11400) of

Part 1 of Division 3 of Title 2 of the Government Code.

Title 14 Adopt: 17063.1, 17063.2, 17063.3, 17063.4, 17063.5, 17063.6, 17063.7, 17063.8, 17063.9, 17063.10, 17063.11, 17063.12, 17063.13, 17063.14, 17063.15, 17063.16, 17063.17, 17063.18, 17063.19, 17063.20, 17063.21, 17063.22, 17063.23, 17063.24, 17063.25, 17063.26, 17063.27, 17063.28, 17063.29, 17063.30, 17063.31, 17063.32 Amend: 2100, 2130, 2385, 2386, 2500.5, 17974, 18458, 18464, 18466, 18643.0, 18971, 18975.1, 18975.2, 18997.5, 18997.6 Filed 05/12/2026 Effective 07/01/2026 Agency Contact: Kris Chisholm (916) 322–2404 Public Employees Retirement System File # 2026–0330–02 Participation in Risk Pools In this action, the Public Employees Retirement System amends terms and procedures for entering and ceasing participation in risk pools.

Title 02 Amend: 588, 588.1, 588.2, 588.3, 588.4, 588.6, 588.7, 588.8 Repeal: 588.5, 588.9, 588.10 Filed 05/12/2026 Effective 07/01/2026 Agency Contact: Andrea Peters (916) 795–3038 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quar - ter. For additional information on actions taken by OAL, please visit oal.ca.gov.

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2026, No. 21
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	e9ea3ffa199cc6e7e7992a836f6d0fee0c168d39

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