Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 32–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW AUGUST 9, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2024–0730–06 ......................................... 987 AMENDMENT MULTI–COUNTY: Yosemite Community College District STATE AGENCY: California State Auditor’s Office TITLE 2.

VICTIM COMPENSATION BOARD Claims of Persons Erroneously Convicted of Felonies — Notice File Number Z2024–0725–01 ................... 988 TITLE 14. DEPARTMENT OF FISH AND WILDLIFE Prescribed Herbivory on Department Lands — Notice File Number Z2024–0730–09 .......................... 991 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Intake Cells and Security/Welfare Checks — Notice File Number Z2024–0726–03 ............................. 995 TITLE 16. BOARD OF NATUROPATHIC MEDICINE Fees — Notice File Number Z2024–0729–01 .......................................................... 997 TITLE 16.

BOARD OF PHARMACY Quality Assurance Programs — Notice File Number Z2024–0725–02. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1001 TITLE 16. STATE BOARD OF OPTOMETRY Radio Frequency Technology and Devices; Authorization and Requirements — Notice File Number Z2024–0730–01 ................................................................................ 1005 (Continued on next page)

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080–20241–003–05, San Diego Gas and Electric Company Habitat Conservation Plan Amendment, San Diego, Orange, and Riverside Counties ......................... 1008 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2024–141–001–R1, Scott River Watershed Process Based Restoration Repair & Maintenance Project, Siskiyou County ............................................. 1014 FISH AND GAME COMMISSION Petition To List Morro Manzanita Under CESA ....................................................... 1016 FISH AND GAME COMMISSION Petition To List Bear Lake Buckwheat Under CESA .................................................... 1017 FISH AND GAME COMMISSION Notice of Findings for Milo Baker’ s Lupine ........................................................... 1017

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1020 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 987 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vest - ed in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Yosemite Community College District STATE AGENCY: California State Auditor’s Office A written comment period has been established commencing on August 9, 2024, and closing on September 23, 2024.

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

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

Section 87300, which designate, pursuant to Government Code

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

Any written comments must be received no later than August 9, 2024. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or increased costs to local government which may re - sult from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Government Code

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

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

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 988 the Commission should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email bcisneros@fppc.ca.gov. TITLE 2. VICTIM COMPENSATION BOARD CLAIMS OF PERSONS ERRONEOUSLY CONVICTED OF FELONIES TITLE 2, §§ 640, 640.1, 642, 642.1, 644, 645 The California Victim Compensation Board (CalVCB) proposes to adopt the regulations and re - vised claim form as described below for Penal Code

section 4900 claims after considering all comments, objections and recommendations regarding the pro - posed action. PUBLIC HEARING CalVCB has not scheduled a public hearing on this proposed action; however, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person or their authorized repre - sentative no later than 15 days before the close of the written comment period. At the hearing, if requested, the Board will hear public comment but will take no action nor provide responses at that time.

The hearing, if requested, will be scheduled on a date to be deter - mined after the written comment period ends. WRITTEN COMMENT PERIOD The written comment period commences on August 9, 2024, and concludes 45 days later on September 23, 2024. During this period, any interested individual or their authorized representative may submit written comments relevant to the proposed regulatory action. To be considered, the written comments must be re - ceived by CalVCB by September 23, 2024. Untimely comments will not be considered.

Written comments may be mailed to: Neil Ennes, Legislative Coordinator California Victim Compensation Board P.O. Box 48 Sacramento, CA 95812–0048 Alternatively, written comments may be submitted by email to regulations@victims.ca.gov or by facsim- ile (FAX) at (916) 491–6441. AUTHORITY AND REFERENCE Penal Code (Pen. Code)

section 4906, along with Government Code

section 13920, authorizes CalVCB to adopt these proposed regulations and revised claim form. The proposed regulatory action is intended to implement, interpret, and make specific Penal Code sections 4900 through 4904. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CalVCB processes claims from persons seeking compensation as an erroneously convicted felon pur - suant to California Penal Code sections 4900 through 4906. The regulations governing this process specifi - cally include sections 640 through 646 within

Article 5, Title 2, of the California Code of Regulations, as well as the general hearing procedures in

Article 2.5, Title 2, sections 615.1 through 619.7, to the extent those general regulations are not inconsistent or conflict with the specific regulations in

Article 5. A successful claim results in approved payment, if sufficient funds are available, by CalVCB for the claimant’s sustained injury in the amount of $140 per day of the claimant’s wrongful imprisonment. (Pen. Code, § 4904.) To be eligible for consideration, the claimant must allege innocence of a felony conviction under California law, for which a prison sentence was imposed, and the claimant must no longer be impris - oned for that offense. (Pen.

Code, §§ 4900, 4901.) In addition, the claimant must timely submit a verified Erroneously Convicted Person (ECP) Claim Form, VCB–41–0002 (Rev. 07/2024) with supporting docu - mentation, within ten years after release from custody, dismissal of charges, judgment of acquittal, or pardon granted, whichever is later. (Pen. Code, § 4901.) Generally, the claimant must prove, by a preponder- ance of the evidence, that (1) they did not commit the crime that resulted in their incarceration and (2) they sustained injury as a result of their erroneous convic - tion. (Pen.

Code, § 4900, subdivision (a).) In this con- text, injury means that, but for the erroneous convic - tion, the claimant would have been free from custo - dy. The claimant is entitled to a hearing to prove both of these elements, at which the Attorney General may appear to oppose the claim. (Pen. Code, § 4903, subdi- vision (a).) The Attorney General, as well as CalVCB, are bound by any express factual findings rendered by a court during a habeas proceeding or motion to vacate, including a finding of factual innocence un - der any standard in that proceeding. (Pen.

Code, §§ 851.865, 1485.5, 1485.55, subdivisions (a)–(c) & (g), 4903, subdivision (c).) Nonetheless, a different and expedited process ap - plies in the following three circumstances. First, if a

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 989 court found the claimant to be factually innocent of the challenged conviction based upon proof by a pre - ponderance of evidence that the claimant did not com- mit the crime, then CalVCB’s approval of a properly submitted claim is mandated, without a hearing and within 90 days. (Pen. Code, §§ 8 51.865, 1485.55, sub- divisions (a) & (c), 4902, subdivision (a).) Second, if the conviction was vacated by a grant of habeas re - lief or pursuant to Penal Code

section 1473.6 or 1473.7, subdivision (a) (2), and the charges were dismissed or acquitted on remand, and the Attorney General failed to timely object with clear and convicting ev - idence the claimant’s guilt, then CalVCB’s approv - al of a properly submitted claim is mandated within 90 days. (Pen. Code, §§ 4 900, subdivision (b), 4902, subdivision (d).) Third and finally, if a court granted a motion under subdivision (

d) of Penal Code

section 1485.55 for approval of a claim based upon a convic - tion that was vacated by a grant of habeas relief or pur- suant to Penal Code

section 1473.6 or 1473.7, subdivi- sion (a) (2), the charges were dismissed or acquitted on remand, and the district attorney failed to timely ob - ject with clear and convicting proof of the claimant’s guilt, then CalVCB’s approval of a properly submitted claim is mandated, without a hearing and within 90 days. (Pen. Code, § 1 485.55, subdivision (d).) When approving any claim, even without a hearing, CalVCB may nevertheless request additional evidence and ar - gument from the parties as needed to calculate injury. (Pen. Code, § 4904, subdivision (a).) Since the regulations in

Article 5 were last updated, new statutory changes were enacted. SB 78 (Glazer,

Chapter 78, Statutes of 2024), effective January 2024, added subdivision (

d) to Penal Code

section 1485.55, which authorizes a claimant to file a motion in the su- perior court to require CalVCB’s approval of a prop - erly submitted claim. SB 78 also authorizes CalVCB to request evidence and argument as needed to calcu- late compensation for every claim. Finally, SB 78 ex - tends CalVCB’s deadlines for mandated approval of enumerated claims from 30 to 90 days after filing. 1 As a result of these new changes, some regulations are outdated or inconsistent with current law and require modification.

Along with these recent statutory changes, the vol - ume of claims submitted to CalVCB has grown expo - nentially. For instance, the number of received claims increased by 139 percent from 28 in 2021 to 67 in 2023. This trend continues. As of June 30, 2024, CalVCB re- 1 I n 2 0 2 2 , A B 1 6 0 ( C o m m i t t e e o n B u d g e

t) c o n d i t i o n a l l y i n- creased compensation effective July 2024 to adjust for inflation annually and to include time spent on supervised release, but only so long as general fund money over the multiyear forecast was available. Given the Governor’s May Revise Budget for 2024– 2025, which confirmed no such money was available, this con - ditional amendment remains inoperable. Accordingly, no regula - tory modifications are proposed as a result of AB 160. ceived 47 claims, with a total of 94 expected by years end.

Meanwhile, the number of denied and rejected claims similarly increased by 144 percent from 18 claims in 2021 to 44 claims in 2023. The number of approved claims also increased, albeit by 57 percent, from 7 claims in 2021 to 11 claims in 2023. As a result of this influx, new and modified regulations are need- ed to clarify the basis for relief. CalVCB last revised the regulations in

Article 5 governing Penal Code

section 4900 claims in 2022, which became effective in January 2023. In light of the new statutory changes by SB 78, as well as the increased volume of claims, CalVCB determined that additional revisions are warranted. The modified reg - ulations will comply with current law and provide clarity, consistency, and transparency for the process to obtain relief. Anticipated Benefits of the Proposed Regulation: The revisions will address the substantive chang - es effected by SB 78 to ensure consistency with cur - rent law.

The revisions will also provide additional clarity for processing claims and determining eligi - bility. Finally, the revisions will include nonsubstan - tive changes that merely reorganize or rephrase ex - isting regulations and delete duplicative sections in an effort to render the governing regulations easier to understand, especially for claimants representing themselves. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: The Board did a search for any regulations related to this area and found that these are the only regu- lations that specifically apply to Penal Code

section 4900 claims. While some of CalVCB’s general hear - ing regulations in

Article 2.5, Title 2, sections 615.1 through 619.7 may also apply, proposed

Section 640.1 confirms that, if there is any inconsistency or conflict with these general provisions, then the specific regu - lations in

Article 5, Title 2, sections 640 through 646 shall apply. Therefore, the proposed regulations are not inconsistent or incompatible with existing state regulations. Document Incorporated by Reference Erroneously Convicted Person (ECP) Claim Form, VCB–41–0002 (Rev. 07/2024). DISCLOSURES REGARDING THE PROPOSED ACTION The Board has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 990 Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private individu - al or business: The Board is not aware of any cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None. Significant effect on housing costs: None. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The purpose of the proposed regulations is to revise, interpret, and implement the current law governing Penal Code

section 4900 claims. An approved claim results in payment, if sufficient funds are available, at a set rate of $140 per day of the claimant’s wrongful incarceration for an erroneous conviction. On average, each approved claim amounts to approximately $1 mil- lion. Even with the recent trend of increasing claims and approved payments, compensation is awarded to a limited group of individuals, historically less than 15 per year. Accordingly, the proposed regulations will not directly impact jobs or the wider economy. The Board has determined that the proposed regulations will not affect: (

A) The creation or elimination of jobs within the State of California, The proposed regulations do not impact jobs as they apply to a limited group of individuals seeking com - pensation for their wrongful incarceration as a result of an erroneous felony conviction. (

B) The creation of new businesses or the elimination of existing businesses within the State of California, and The proposed regulations do not impact the creation of new businesses or elimination of existing business- es in California because they apply to a limited group of individuals seeking compensation for their wrong - ful incarceration as a result of an erroneous felony conviction. (

C) The expansion of businesses currently doing business within the State of California. The proposed regulations do not impact the expan - sion of businesses currently doing business within the State of California because they apply to a limited group of individuals seeking compensation for their wrongful incarceration as a result of an erroneous fel - ony conviction.

The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment: The Board has determined that the proposed regu - lations do not impact worker safety or the state’s en - vironment because they apply to a limited group of individuals seeking compensation for their wrong - ful incarceration as a result of an erroneous felony conviction.

SMALL BUSINESS DETERMINATION The Board has determined that the proposed regu - lations do not affect small businesses because they ap- ply to a limited group of individuals seeking compen - sation for their wrongful incarceration as a result of an erroneous felony conviction. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Board must deter - mine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the agency would be more effective in car- rying out the purpose for which the action is proposed or would be as effective and less burdensome to af - fected private individuals than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law.

The Board invites interested individuals to present statements or arguments with respect to alternatives to the proposed regulation during the written comment period. CONTACT PERSON Inquiries concerning the proposed administrative action may be directed to: Neil Ennes California Victim Compensation Board P.O. Box 48 Sacramento, CA 95812–0048 Telephone: (916) 491–3728 The backup contact person concerning the proposed administrative action may be directed to: Kim Gauthier California Victim Compensation Board P.O. Box 48 Sacramento, CA 95812–0048 Telephone: (916) 491–3754

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 991 Please direct requests for copies of the proposed text of the regulations, the Initial Statement of Reasons, the modified text of the regulations, if any, or other in- formation upon which the rulemaking is based to Neil Ennes at the above address. AVAILABILITY OF STATEMENT OF REASONS, TEXT PROPOSED REGULATIONS AND RULEMAKING FILE The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office located at 400 R Street, Suite 500, Sacramento, California 95811.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the pro - posed text of the regulation and the Initial Statement of Reasons. Copies may be obtained by contacting Neil Ennes at the P.O. Box or the phone number list - ed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing, if requested, and consid - ering all timely and relevant comments received, the Board may adopt the proposed regulations substan - tially as described in this notice.

If the Board makes modifications which are sufficiently related to the original proposed text, it will make the modified text available to the public at least 15 days before the Board adopts the regulation as revised. Please send requests for copies of the modified regulation to the attention of Neil Ennes at the P.O. Box indicated above. The Board will accept written comments on the modified regula - tions 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 Neil Ennes at the above P.O. Box address. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons and the proposed text of the regulations in underline and strikeout can be ac - cessed through our website at www.victims.ca.gov/ proposed–regulations/. TITLE 14. DEPARTMENT OF FISH AND WILDLIFE ADD

SECTION 685, PRESCRIBED HERBIVORY ON DEPARTMENT LANDS In accordance with Fish and Game Code

section 1010, the Department of Fish and Wildlife (“Department”) proposes to add

Section 685, Prescribed Herbivory on Department Lands to Title 14 of the California Code of Regulations. Proposed

Section 685 would clarify the Department’s authority to enter into service con - tracts for prescribed herbivory treatments, including targeted grazing, for fuels reduction and/or habitat restoration purposes on Department–managed lands. Furthermore, the proposed amendments will also spec- ify the types of animals that can be used for prescribed herbivory treatments. The proposed changes are nec - essary to support and expand fire resiliency work in diverse vegetation communities on Department lands across the state.

The proposed regulation described below may be adopted after considering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held virtually via webinar/ teleconference on September 24, 2024. Instructions for participation in the webinar/teleconference hear - ing will be posted at https://wildlife.ca.gov/Notices/ Regulations/Prescribed–Herbivory at least seven days in advance of the meeting.

WRITTEN COMMENT PERIOD Written comments may be submitted at any time be- fore or on September 24, 2024, by mail or email to the contact as follows: California Department of Fish and Wildlife Regulations Unit Attention: Daphne Nandino, Regulatory Scientist P.O. Box 944209 Sacramento, CA 94244–2090 Email: Regulations@wildlife.ca.gov AUTHORITY AND REFERENCE Authority:

Section 1010, Fish and Game Code. Reference: Sections 1010 and 1501.5, Fish and Game Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 992 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department is currently implementing tradi - tional grazing treatments on approximately 80,000 acres per year, and seeks to increase that amount to reduce wildfire risk, improve habitat quality, and help meet statewide goals set by the Governor’s Wildfire and Forest Resilience Task Force, Executive Order N–82–20 (30X30 Initiative), and Natural and Working Lands Strategies.

To date, over $80 million in one– time funding has been allocated to the Department to expand fuels reduction treatments across the state. Acres treated and specific activities conducted must be reported on a bi–annual basis to California Natural Resources Agency and is available for public review at www.planscape.org. The Department and other state agencies are expected to quickly expand wildfire treatments to demonstrate the value of the substantial investment of one–time funds.

Prescribed herbivory is a critical tool for treating the over 1.1 million acres of land the Department manages to reduce the risk of catastrophic wildfires. Land use agreements that use a traditional grazing framework are currently the primary avenue for non– mechanical excess vegetation removal on Department lands. Under that model, lessees pay the Department to graze the grass so their cattle can consume that ener - getic food resource to grow and support reproduction. The Department proposes to add

section 685, Prescribed Herbivory on Department Lands, to Title 14 of the California Code of Regulations.

Section 685 clarifies the authority to enter into service con - tracts for vegetation treatment activities using pre - scribed herbivory treatments, including targeted graz - ing, for fuels reduction and/or habitat restoration pur - poses on Department–managed lands. The proposed changes are necessary to support and expand fire re - siliency work in diverse vegetation communities on Department lands across the state. In some circum - stances, prescribed herbivory is a tool that is more feasible, cost–effective and less damaging to the en - vironment than mechanical removal of overgrown vegetation.

BACKGROUND Targeted grazing and traditional livestock manage - ment use the same principles; however, they differ in their goals. Traditional livestock management is fo - cused on sustainable livestock production and repro - duction,

whereas targeted grazing has a primary pur - pose of changing vegetation composition or structure. Targeted prescribed herbivory can provide both fuels reduction and desired ancillary benefits, such as in - creasing native plant densities and decreasing non– native species that might be unpalatable to cattle. The Department intends to utilize prescribed herbivory in different ways and conditions (e.g., # animals, type of animals, timing, type of vegetation species grazed) than are typical under the current standard revenue– generating land use agreements.

Goat and sheep graz- ers, for example, are usually paid to bring their an - imals onto a property. They will generally consume more target species than cows at a lower cost. These animals are also more suited to working in riparian ar- eas, which is a focal habitat type for fuels reduction for the Department. Multiple prescribed herbivory projects will be im - plemented and expanded statewide in the next 5–10 years.

The clarified authority provided by the pro - posed regulatory amendments will expand the con - tracting mechanisms available to the Department to work with grazers who can provide prescribed her - bivory services, including goat and sheep herders that can be directed to graze site in ways that reduces fu - els fire risk and also provides benefits to native plants and wildlife.

REGULATORY PROPOSAL In order to clarify authority and expand the con - tracting mechanisms available to the Department to work with grazers who can provide prescribed her - bivory services, including goat and sheep herders, the Department proposes to add the following section:

Section 685. Prescribed Herbivory on Department Lands. (

a) For the purposes of vegetation fuels reduc - tion or restoration of habitat, and for the benefit of the State, the department may enter into ser- vice contracts for prescribed herbivory treat - ments, including targeted grazing. (

b) Cattle, goats, and sheep may be used for prescribed herbivory treatments. BENEFITS OF THE PROPOSED REGULATIONS The Department anticipates that this regulation will have positive impacts on reducing wildfire fuel risks, while providing continued opportunities to increase native plant densities and decreasing non–native spe - cies, especially those that might be unpalatable to cat- tle.

The Department intends to utilize prescribed her - bivory in different ways and conditions (e.g., num - ber of and types of animals, timing, type of vegeta - tion species grazed) than are typical under the current standard revenue–generating land use agreements. The clarified authority provided by the proposed regu- latory amendments will expand the contracting mech-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 993 anisms available to the Department to work with graz- ers who can provide prescribed herbivory services, in- cluding goat and sheep herders that can be directed to graze site in ways that reduces fuels fire risk and also provides benefits to native plants and wildlife. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS The Legislature, through Fish and Game Code

Section 1010, has authorized the Department, by and with the approval of the Department of General Services, to sell grazing permits or otherwise dispose of excess vegetation or other products, produced on lands acquired by the Department. Additionally, Fish and Game Code

Section 1501.5 provides authority to enter into contracts for fish and wildlife habitat preser- vation, restoration, and enhancement with public and private entities whenever the department finds that the contracts will assist in meeting the department’s duty to preserve, protect, and restore fish and wildlife. The proposed regulations are neither inconsistent nor in - compatible with existing state regulations in Title 14.

The Department has searched the regulations in all other titles of California Code of Regulations and has found no other regulations that set forth the require - ments in the Department’s proposed regulation. DOCUMENTS INCORPORATED BY REFERENCE None. DOCUMENTS RELIED UPON California Board of Forestry and Fire Protection, 2015. Prescribed Herbivory For Vegetation Treatment Projects, pre - pared by the Range Management Advisory Committee. Available from: https://bof. fire.ca.gov/media/nc4n1xgj/4–4–rmac– prescribed–herbivory–white–paper.pdf State of California, 2021.

Governor’s Wildfire and Forest Resilience Action Plan, available from: https://wildfiretaskforce.org/action–plan/ State of California, 2020. Executive Order (EO) 82–20 (California’s 30 x 30 initiative) — available from https:// www.gov.ca.gov/wp–content/uploads/ 2020/10/10.07.2020–EO–N–82–20–.pdf Air Resources Board, 2019.

Draft California 2030 Natural and Working Lands Climate Change Implementation Plan (Natural and Working Lands Strategies). 86 pages, avail - able from: https://ww2.arb.ca.gov/resources/ documents/nwl–implementation–draft DISCLOSURES REGARDING THE PROPOSED ACTION: Impact of the Regulatory Action/ Results of the Economic Impact Assessment The potential for significant statewide adverse eco - nomic impacts that might result from the proposed regulation has been assessed, and the following initial determinations relative to the required statutory cate - gories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States: The Department does not anticipate that the pro - posed action will have any statewide adverse econom- ic impact directly affecting business, including the ability of California businesses to compete with busi - nesses in other states.

The proposed changes clarify the Department’s authority to enter into service con - tracts for vegetation treatment activities using pre - scribed herbivory for fuels reduction and/or habitat restoration purposes on Department–managed lands. This action will increase the opportunities for com - mercial herbivory providers and thus, will likely in - duce positive economic impacts. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Department does not anticipate adverse im - pacts on the creation or elimination of jobs within the state. The Department does not anticipate adverse im- pacts on the creation of new business, the elimination of existing businesses or the expansion of business - es in California.

The proposed changes are to pro - vide clarification of the Department’s authority to en - ter into service contracts for vegetation treatment ac - tivities using prescribed herbivory for fuels reduction and/or habitat restoration purposes on Department– managed lands. This regulatory change will likely increase the de - mand for goods and services related to prescribed her- bivory that could positively impact job creation, in - duce the creation of new businesses, or the expansion of businesses in California.

The Department does not anticipate any benefits to the health and welfare of California residents or to worker safety. The Department anticipates benefits to the State’s environment through improved procedures to support

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 994 and expand fire resiliency work in diverse vegetation communities on Department lands across the state. (

c) Cost Impacts on Representative Person or Business: 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. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: The Department anticipates increases in expendi - tures for prescribed herbivory contracts that will re - main within existing budgets and resources. No chang- es to costs or savings to other state agencies or in fed- eral funding are anticipated. See STD 399 Addendum for more detail. (

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

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

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

Part 7 (commencing with

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

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The proposed regulations may affect small busi - nesses that enter into voluntary contracts or agree - ments with the Department. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (

a) Effects of the Regulation on the Creation or Elimination of Jobs Within the State: This regulatory change will likely increase the de - mand for goods and services related to prescribed her- bivory that could positively impact job creation with - in the State. (

b) Effects of the Regulation on the Creation of New Businesses or the Elimination of Existing Businesses Within the State: This regulatory change will likely increase the de - mand for goods and services related to prescribed her- bivory that could induce the creation of new business- es with no elimination of existing businesses within the State. (

c) Effects of the Regulation on the Expansion of Businesses Currently Doing Business Within the State: This regulatory change will likely increase the de - mand for goods and services related to prescribed her- bivory that could induce the expansion of businesses currently doing business within the State. (

d) Benefits of the Regulation to the Health and Welfare of California Residents: The Department does not anticipate impacts on the health and welfare of California residents. (

e) Benefits of the Regulation to Worker Safety: The Department does not anticipate any benefits to worker safety from the proposed regulations because there is no impact on working conditions. (

f) Benefits of the Regulation to the State’s Environment: The Department anticipates benefits to the state’s environment through improved procedures to support and expand fire resiliency work in diverse vegetation communities on Department lands across the state. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Department must determine that no reasonable alternatives to the pro - posed regulation it considered or that have otherwise been identified and brought to its attention would ei - ther be more effective in carrying out the purpose for which the regulation is proposed, or would be as ef - fective and less burdensome to affected private per - sons than the proposed action, or would be more cost– effective to affected private persons and equally effec- tive in implementing the statutory policy or other pro- vision of law.

The Department invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the regulations during the written comment period. AVAILABILITY OF RULEMAKING DOCUMENTS AND CONTACT PERSONS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Department website at https://wildlife. ca.gov/notices/regulations/.

The proposed text (the “express terms”) of the reg - ulations, as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review at 715 P Street, Sacramento, CA 95814 (17th floor). The rulemaking file will be available electronically upon request by contacting the Department at Regulations@wildlife.ca.gov. Inquiries concerning the regulatory process or requests for doc- uments should be directed to:

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 995 California Department of Fish and Wildlife Daphne Nandino, Regulations Unit P.O. Box 944209 Sacramento, CA 94244–2090 Telephone: (916) 902–9276 Email: regulations@wildlife.ca.gov Inquiries concerning the subject matter or substance of the proposed action should be directed to: Michelle Selmon, Environmental Program Manager California Department of Fish and Wildlife P.O. Box 944209 Sacramento CA 94244–2090 Telephone: (916) 373–6613 Email: regulations@wildlife.ca.gov As of the date this notice is published, the rulemak - ing file consists of: 1.

STD Form 400 2. Notice of Proposed Action 3. Initial Statement of Reasons 4. Proposed Text of the Regulation: Addition of

Section 685, Title 14, California Code of Regulations 5. Economic and Fiscal Impact Assessment (Form STD 399) and addendum 6. Documents or Reports Supporting the Proposed Regulation Change AVAILABILITY OF THE INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The rulemaking file is available online at: https://wildlife.ca.gov/Notices/Regulations/ Prescribed–Herbivory. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all the timely and relevant com - ments received, the Department may adopt the pro - posed regulation substantially as described in this no - tice.

If the Department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulation as re - vised. Please send requests for copies of any modi - fied regulation to the Regulations Unit at the address above. 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 checking the website at the link provided above, or the Regulations Unit at the address above. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION INTAKE CELLS AND SECURITY/ WELFARE CHECKS NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabilitation (CDCR or the Department), proposes to amend sections 3000 and 3349, and adopt new sections 3335.6 and 3343.1, of Title 15, Division 3,

Chapter 1, regarding Intake Cells and Security/Welfare Checks. PUBLIC HEARING Date and Time: September 24, 2024 — 10:00 a.m. to 11:00 a.m. Place: Department of Corrections and Rehabilitation Room 113 9172 Laguna Springs Dr. — Building G–1 Elk Grove, CA 95758 Purpose: To receive comments about this action. PUBLIC COMMENT PERIOD The public comment period begins August 9, 2024, and closes on September 24, 2024. Any person may submit written comments by mail addressed to the primary 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 Josh Jugum Telephone: (279) 223–2317 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 996 Back–Up Y. Sun Telephone: (279) 223–2316 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact Deepak Sampley Telephone: (279) 223–3505 Division of Adult Institutions 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, cus - tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

Section 5055 provides that com - mencing July 1, 2005, all powers and duties previous- ly 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 ad - ministration of prisons and for the administration of the parole of persons. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Pursuant to court orders, the department is taking steps to reduce suicides committed by incarcerated persons in CDCR custody.

This action will: ● Retrofit some prison cells to reduce the likelihood of suicide attempts by reducing attachment points for hanging and by increasing visibility into the cell. ● Reduce single–celling in restricted housing, as incarcerated persons with a cell partner are less likely to attempt to harm themselves. ● Establish regular security/welfare checks of re - stricted housing units by custody staff. SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The department anticipates the proposed regula - tions may reduce suicides and suicide attempts by in - carcerated persons housed in restricted housing.

DOCUMENTS INCORPORATED BY REFERENCE CDCR Form 3070 (Rev. 07/24) Security/ Welfare Check Manual Tracking Sheet CDCR Form 114 (Rev. 07/24) Housing Unit Isolation Logbook 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 intake cells and security/welfare checks. 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. ● 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 997 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 business because they place no obligations or requirements on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The department has determined that the proposed regulations will have no effect on the creation of new, or the elimination of existing, jobs or businesses with- in California, or effect the expansion of businesses currently doing business in California. The depart - ment has determined that the proposed regulation will have no effect on the state’s environment or worker safety, or the welfare of California residents.

The pro- posed regulations may benefit the health and welfare of incarcerated persons by reducing suicides and sui - cide attempts.

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.

Interested persons are invited to present statements or arguments with respect to any alternatives to the changes pro - posed at the scheduled hearing or during the written 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 Statement of Reasons may be obtained from the de - partment’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. TITLE 16. BOARD OF NATUROPATHIC MEDICINE FEES NOTICE IS HEREBY GIVEN that the California Board of Naturopathic Medicine (hereafter “Board”) is proposing to take the action described in the Informative Digest below, after considering all com - ments, objections, and recommendations regarding the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 998 PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period. A hear - ing may be requested by making such request in writ - ing addressed to the individuals listed under “Contact Person” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no later than by Monday, September 23, 2024 or must be received by the Board at the hearing, should one be scheduled.

AUTHORITY AND REFERENCE Pursuant to the authority vested by section(s) 122, 3622, 3634, 3680 and 3685 of the Business and Professions Code (BPC), and to implement, inter - pret, or make specific BPC section(s) 122, 144, 3630, 3634, 3680 and 3685, the Board is considering amend- ing

section 4240 of title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is a state agency vested with the au - thority to regulate the practice of naturopathic doc - tors (BPC § 3612). The Board’s mandate and high - est priority is to protect the public (BPC § 3620.1). It is the Board’s duty to enforce and administer the Naturopathic Doctors Act (Chapter 8.2 (commencing with

section 3610 of Division 2 of the Business and Professions Code) (Act). The Board is authorized to establish necessary rules and regulations for the en - forcement of the Act and the laws subject to its juris - diction. (BPC § 3622.). Pursuant to Business and Professions Code sections 3622 and 3680, the Board has the statutory authority to collect fees to carry out its consumer protection man - date, support the functions of the Board as they relate to regulating naturopathic doctors (ND) and maintain an adequate balance in its contingency fund.

The fees of the Board are required to be sufficient to support the functions or operational needs of the Board. In 2018, it was identified that the Board had a struc- tural imbalance in its Naturopathic Doctor’s Fund (“Fund”), which would mean that the Board was pro - jected to run out of revenue to meet its operation - al needs. Legislation was enacted pursuant to Senate Bill 1480 (“SB 1480” ––

Chapter 571 of the Statutes of 2018) to authorize fee increases to help ensure that the Board was able to meet its operational needs. Effective January 1, 2019, the Board implemented the provisions of SB 1480. SB 1480 amended the Board’s fee struc - ture to maintain the operation of the Board and restore funds in its reserve by increasing the application, ini - tial licensing, and renewal fees, and establishing a fee for a certified license verification at BPC

section 3680. SB 1480 increased the application fee maximum to $600 and automatically increased and set the mini - mum fees for the initial license fee to $1,000 and the renewal license fee to $1,000, with authority to in - crease by regulation to specified caps as provided in BPC

section 3680. The Board’s regulations were not updated to reflect this legislative fee increase, but the Board administratively implemented the fee increases as authorized by BPC

section 3680. However, since that time, it has been identified that the fees enacted by the 2018 legislation are no longer adequate to cover the Board’s expenditures and do not address the increase in future operational costs. In March 2024, the Board’s staff completed and presented to the Board an analysis of the Board’s fee structure. This analysis was initiated to ensure that the Board was collecting sufficient revenue to fully reim - burse the Board for the actual cost of processing ND license applications and issuing and renewing ND li - censes.

The goal of the analysis was to identify the Board’s actual budgetary need to process each ini - tial and renewal application the Board is required to process. The Board’s only sources of revenue are fees charged for each application it processes and each li - cense it issues and renews. The Board also has a man- date to be fully self–supporting, so it is vital that the fees charged to licensees and applicants fully repre - sent the Board’s administrative costs.

The data indi - cated that the full cost of fee–based services the Board provides is not adequately represented in the current fee structure, and without exception, the costs exceed the maximum fee authorized by statute. It is estimat - ed that by Fiscal Year 2026–2027, the Board’s reserve fund will be negative. This proposal is necessary to help ensure the Board has sufficient resources to maintain the highest prior - ity of consumer protection and recover costs for ad - ministration and enforcement of the Act.

The pro - posed regulations would increase the Board’s applica- tion, initial license, and renewal fees to the statutory maximums, which will help to alleviate the Board’s structural imbalance and help recover costs for ser - vices provided to applicants and licensees. The Board proposes to amend

Section 4240 of

Article 7 of Division 40 of Title 16 to increase ND

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 999 license application, initial license and license renew - al fees to address a structural imbalance within the Board’s budget and to pursue a reserve in the Board’s fund consistent with its mission that “Protection of the public shall be the highest priority for the Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is in- consistent with other interests sought to be promoted, the protection of the public shall be paramount.” (BPC

section 3620.1.) The objective of this proposed regulation is to in - crease the Board’s fees enough to meet its projected expenditures beginning as soon as possible, but no lat- er than 2025 to maintain the Board’s mission of pro - tection of the public. The Department of Consumer Affairs (DCA) provides budgetary and fiscal admin - istrative support to the Board. According to the DCA, current Board expenditures necessary to administer its regulatory functions exceed the amount of funds collected from applicants and licensees.

This propos - al will increase the Board’s application, initial license and renewal fees to ensure that the Board will be able to continue to meet its consumer protection mandate by allowing the Board to continue its licensing and enforcement responsibilities. This regulatory proposal seeks to make amendments to the Board’s fees, which will help to reduce the Board’s structural budget im - balance and to maintain a sufficient fund balance re - serve until the Board can increase statutory fee levels to completely eliminate the structural imbalance.

This proposal would implement necessary changes to help ensure the fiscal solvency of the Board. This includes amendments to CCR

section 4240 as follows: ● The proposal increases the application fee for a Doctor of Naturopathic Medicine from $400 to $600 at subsection (a). ● The proposal increases the initial license fee from $800 to $1,200 and updates the associated table showing how the new fee would be prorated ac - cording to the applicant’s birth month and the date the license is issued per BPC

section 4222 in subsection (b). ● The proposal increases the biennial renewal li - cense fee for naturopathic doctors from $800 to $1,200 in subsection (c). In addition, the Board would make the following conforming changes to CCR

section 4240: ● The Board proposes to strike the word “Committee” and replace it with the words California Board of Naturopathic Medicine and add the short–form word “Board” to subsection (b). ● This proposal would strike out existing fees at subsections (

d) and (

f) that were superseded by statutory changes and add a new subsection (

g) to this

section to reflect new fees enacted by law. The Board proposes to add these updated fees set forth in statute at BPC

section 3680 at subsec - tions (d), (

f) and (

g) for a late renewal fee for a license (currently set by BPC

section 3680(

d) at $225), the fee for a duplicate or replacement li - cense (currently set by BPC

section 3680(

f) at $38), and the fee for a certified license verifica - tion (currently set by BPC

section 3680(

g) at $30). The fees proposed to be added at subsections (d), (

f) and (

g) are listed in Business and Professions Code

section 3680 and would therefore not con - stitute a fee increase but a restatement of existing law. The fees would be restated in these sections for the convenience of the regulated community and staff. Anticipated Benefits of the Proposal The Board has determined that this regulatory pro - posal will have the following benefits to the health and welfare of California residents: These changes would raise application, initial li - cense and renewal fees to the statutory maximums.

California residents would benefit from the proposed regulation because the fee increases will enable the Board to carry out its statutory mandate of public pro- tection by licensing, regulating, and disciplining NDs. Raising fees would help address a structural imbal - ance in the Board’s budget, ensure the Board’s regu - lated public is aware of the fees, and attempt to cre - ate a consistency between the Board’s expenditures to regulate licensees and protect the public and the fees assessed for carrying out those functions.

The Board’s highest priority is consumer protection, and the pro - posed revisions will allow the Board to continue its important consumer–focused functions in the short term while the Board seeks legislative authority to in - crease statutory maximums for the fees it collects in the long term. This regulatory proposal does not affect worker safety or the state’s environment.

Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulato - ry proposal, the Board has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither inconsistent nor in - compatible with existing state regulations. DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 1000 Federal Funding to the State: The proposed regula - tions are anticipated to increase the Board’s revenues by approximately $122,000 per year and up to $1.22 million over a ten–year period. Since the Board already performs the workload as - sociated with these programs and fees, the Board does not anticipate any additional workload or costs to im - plement the proposed regulations. The Board estimates one–time information tech - nology (IT) costs of $4,000 to update cashiering and accounting software.

Any IT costs will be absorbed within existing resources. The proposed regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None. BUSINESS IMPACT ESTIMATES This regulation may have an economic impact on businesses, specifically, the Board’s licensees and ap- plicants.

This determination is based upon the follow- ing facts. The regulation would increase fees charged to ND license applicants and ND licensees. To the ex- tent these applicants apply for licensure or licensees opt to renew their licenses, the proposed regulations will impact them as described in further detail in the Initial Statement of Reasons.

However, the proposed regulations will not have a significant statewide adverse economic impact on businesses, including the ability to compete with oth - er businesses in California, because the fee increases are considered to be minor compared to the income of most applicants and licensees in this profession. This proposal represents an incremental increase of $200 for the ND licensing application, initial license, and li- cense renewal fees. Cost Impact on Representative Private Person or Business The regulation would increase fees charged to ND license applicants, and ND licensees.

To the extent these applicants apply for licensure or licensees opt to renew their licenses, the proposed regulations will impact them. This proposal represents a $200 increase for ND applications, initial license, and renewal li - cense fees. The regulations are estimated to result in addition - al costs of approximately $122,000 per year and up to $1.22 million over a ten–year period. Please see the Initial Statement of Reasons for fur - ther detail.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses The Board has determined that this regulato - ry proposal will not have a significant impact on the following: 1) the creation or elimination of jobs within the state, 2) the creation of new businesses or the elimination of existing businesses within the state, or, 3) the expansion of businesses currently doing busi- ness within the state.

This proposal would not have any of the above– referenced impacts because these costs are considered minor compared to the income of most applicants and licensees in this profession as more fully discussed in the Business Impact Estimates

section above. Benefits of the Proposed Action: Protection of the public is the Board’s highest prior- ity in exercising its licensing, regulatory and disciplin- ary functions. The Board ensures that only qualified persons are licensed naturopathic doctors by enforc - ing regulatory requirements, standards of practice, and by educating consumers regarding their rights.

This regulatory proposal will benefit the health and welfare of California residents because the proposal will increase the Board’s revenue and funding avail - able to continue the Board’s enforcement, investiga - tive, licensing, and public outreach operations. The proposal is does not benefit worker safety or the state’s environment because it does not involve either worker safety or the state’s environment. Business Reporting Requirements The regulatory action does not require businesses to file a report with the Board.

Effect on Small Business While the Board does not have nor does it main - tain data to define if any of its licensees are a “small business” as defined in Government Code

section 11342.610, the Board has made an initial determina - tion that any adverse economic impact will not be sig- nificant for small businesses, because the increased expense to any business, small or otherwise, is not more than $200 to $400 per licensee, as specified. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Board must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 1001 and brought to its attention would be more effective in carrying out the purpose for which the action is pro - posed; would be as effective and less burdensome to affected private persons than the proposal described in this Notice; or would be more cost–effective to af - fected private persons and equally effective in imple - menting the statutory policy or other provision of law.

Any interested person may submit comments to the Board in writing relevant to the above determinations at California Board of Naturopathic Medicine, 1747 North Market Boulevard, Suite 240, Sacramento, CA 95834, during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regula - tory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based.

This ma- terial is contained in the rulemaking file and is avail - able for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board at California Board of Naturopathic Medicine, 1747 North Market Boulevard, Suite 240, Sacramento, CA 95834.

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

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

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

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Rebecca Mitchell, Executive Officer Address: California Board of Naturopathic Medicine 1747 North Market Boulevard, Suite 240 Sacramento, CA 95834 Telephone Number: (916) 928–5862 Fax Number: (916) 928–4787 Email Address: Rebecca.Mitchell@dca.ca.gov The backup contact person is: Name: Raquel Oden, Program Analyst Address: California Board of Naturopathic Medicine 1747 North Market Boulevard, Suite 240 Sacramento, CA 95834 Telephone Number: (916) 928–4785 Fax Number: (916) 928–4787 Email Address: Raquel.Oden@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Regulatory Action, the Initial Statement of Reasons, and the text of the regulations with modifications noted, as well as the Final Statement of Reasons when completed, and modified text, if any, can be accessed through the Board’s website at https://www.naturopathic.ca.gov/ laws/proposed_regulations.shtml TITLE 16.

BOARD OF PHARMACY QUALITY ASSURANCE PROGRAMS NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (Board) proposes taking the rulemaking action described below under the head -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 1002 ing Informative Digest/Policy Statement Overview. Any person interested may present statements or ar - guments, relevant to the action proposed, in writing. Written comments, including those sent by mail, fac - simile, or email to the addresses listed under Contact Persons in this Notice, must be received by the Board at its office by September 23, 2024. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or that person’s authorized representative, no later than 15 days prior to the close of the written comment period. A hear - ing may be requested by making such request in writ - ing addressed to the individuals listed under “Contact Persons” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Persons” in this Notice, must be received by the Board at its office no later than September 23, 2024, or must be received by the Board at the hearing, should one be scheduled.

The Board may, after holding a hearing if request - ed and considering all timely and relevant comments, adopt the proposed regulations substantially as de - scribed in this notice, or may modify the proposed regulations if such modifications are sufficiently relat- ed to the original text.

With the exception of techni - cal or grammatical changes, the full text of any mod - ified proposal will be available for 15 days prior to its adoption from the persons designated in this Notice as the Contact Persons and will be mailed to those per - sons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. Authority and Reference : Pursuant to the authority vested by Business and Professions Code (BPC) sec - tions 4005 and 4125, the Board proposes amending

section 1711 in Division 17 of Title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is a state agency vested with the author - ity to regulate the pharmacy industry, including phar - macies, pharmacists, and pharmacy technicians (BPC

section 4000, et seq.). The Board’s mandate and mis - sion are to protect the public (BPC

section 4001.1). Existing regulation at CCR

section 1711 requires each pharmacy to institute or participate in an estab - lished Quality Assurance (QA) program that assess - es and documents medication errors to determine the cause and an appropriate response as part of a mis - sion to help prevent medication errors and improve the quality of pharmacy services provided to California consumers. This

section also defines a medication er - ror as “any variation from a prescription or drug order not authorized by the prescriber” but “does not include any variation that is corrected prior to furnishing the drug to the patient or patient’s agent or any variation allowed by law.” As required by this section, an in - vestigation of each medication error shall commence as soon as reasonably possible, but no later than two business days from the date the medication error is discovered.

Generally, a QA program is intended to advance medication error prevention by analyzing, individual - ly and collectively, investigative and other pertinent data to address the cause and contributing factors. Required elements include: 1. Date, location, and participants in the QA review, 2. Pertinent data and other information relating to the medication error reviewed and documenta - tion of any patient contact, 3. Findings and determinations generated by the QA review, and 4. Recommended changes to pharmacy policy, pro- cedure, systems, or processes, if any.

Workforce strains are a contributing factor to med - ication errors; however, the Board has received public comment that staff are prohibited from including staff- ing and other workforce issues in QA reporting. This proposal will directly address this problem. This proposal will amend

section 1711 of

Article 2 of Division 17 of Title 16 of the CCR to ensure that QA programs capture the approximate date of the error, the staff involved, any use of automation, the type of error, and workload volume. Additionally, the propos- al will require thorough review and documentation to prevent future errors. These amendments will ensure a more robust review of the circumstances surround - ing each error and identification of possible contribut- ing factors, including workload, to help prevent future medication errors.

Anticipated Benefits of Proposal Protection of the public is the Board’s highest pri - ority in exercising its licensing, regulatory, and disci - plinary functions. The Board has determined that this regulatory proposal will have the following benefits to the health and welfare of California residents and em- ployee safety. This proposal updates the requirements for the QA program. These requirements have been in place, un -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 1003 changed, for 20 years and are quite broad. The amend- ments will ensure the QA program is up to date with the current practice of pharmacy and that pharmacies thoroughly assess and document medication errors. This will help in determining the cause of medication errors and appropriate responses to take to help pre - vent future errors, thereby improving the quality of pharmacy services and helping prevent future medi - cation errors, which benefits the health and welfare of California residents and employee safety.

This regulatory proposal does not affect the state’s environment. Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the Board conducted a search of any similar regulations on this topic and concluded that these reg- ulations are neither inconsistent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs/Savings to State Agencies or Costs/Savings in Federal Funding to the State: The regulations do not result in a fiscal impact to the state in the form of fed- eral funding or any cost or savings to any state agen - cy. The Board already ensures licensees comply with current laws and regulations related to QA programs through inspections. As a result, the Board does not anticipate any increase in workload or costs result - ing from the proposed regulations.

Any workload and costs of implementation are a result of current law. Nondiscretionary Costs/Savings to Local Agencies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None.

Business Impact Estimates: The Board has made an initial determination that the proposed regulatory action would have no signif - icant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states. The proposed amendments expand on existing re - quirements for QA programs which will ensure thor - ough documentation and assessment of medication er- rors. Any workload or costs to comply with the pro - posed regulations are anticipated to be incurred within normal business operations.

Cost Impact on Representative Private Person or Business: The Board is not aware of any negative cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS: Impact on Jobs/New Businesses: The Board concludes that this proposal will not: (1) create jobs within California; (2) eliminate jobs within California; (3) create new businesses within California; (4) eliminate existing businesses within California; and (5) expand businesses currently doing business in the State of California.

The Board determined that this proposal will not create or eliminate jobs or businesses. This propos - al will require thorough review and documentation of medication errors to prevent future errors. These amendments will ensure a more robust review of the circumstances surrounding each error and identifica - tion of possible contributing factors, including work - load, in order to prevent future medication errors and improve the quality of pharmacy service, which ben - efits the welfare of California residents and employ - ee safety. This proposal will not impact the state’s environment.

Benefits of Regulation: The Board has determined that this regulatory pro - posal will have the following benefits to the health and welfare of California residents and employee safety. This proposal updates the requirements for QA pro- gram. These requirements have been in place, un - changed, for 20 years and are quite broad. The amend- ments will ensure the QA program is up to date with the current practice of pharmacy, and ensure that pharmacies thoroughly assess and document medica - tion errors.

This will help in determining the cause of medication errors and appropriate responses to take to help prevent future errors and improve the quality of pharmacy services, which benefits the health and wel- fare of California residents and employee safety. This regulatory proposal does not affect the state’s environment. Business Reporting Requirements This regulatory proposal does not require business - es to file a report with the Board.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 1004 Effect on Small Business: While the Board does not have, nor does it main - tain, data to determine if any of its licensees (phar - macies and clinics) are a “small business,” as defined in Government Code

section 11342.610, the Board has determined that the proposed regulatory action may affect small businesses. However, the proposed chang- es are necessary to protect the public, and any work - load or costs to comply with the proposed regulations are anticipated to be incurred within normal business operations. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a) (13), the Board has determined that no rea- sonable alternative it considered to the regulation, or that has otherwise been identified and brought to its attention, would be more effective in carrying out the purpose for which the action is proposed, as effective and less burdensome to affected private persons than the proposal described in this Notice, or more cost– effective to affected private persons and equally effec- tive in implementing the statutory policy or other pro- vision of law.

Any interested person may submit comments — rel- evant to the above determinations — in writing, at the address listed below for the Contact Persons, during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF INITIAL STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion upon which the proposal is based.

This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, the Initial Statement of Reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board of Pharmacy at 2720 Gateway Oaks Drive, Suite 100, Sacramento, California 95833, or from the Board of Pharmacy’s website at http://www.pharmacy.ca.gov/laws_regs/ pending_regs.shtml.

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

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

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

Contact Persons Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Lori Martinez Address: Board of Pharmacy 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3100 Fax Number: (916) 574–8618 Email Address: PharmacyRulemaking@dca.ca.gov The backup contact person is: Name: Julie Ansel Address: Board of Pharmacy 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3100 Fax Number: (916) 574–8618 Email Address: PharmacyRulemaking@dca.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 1005 AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regula - tions with modifications noted, as well as the Final Statement of Reasons when completed, and modi - fied text, if any, can be accessed through the Board of Pharmacy’s website at: https://www.pharmacy.ca.gov/ laws_regs/pending_regs.shtml . TITLE 16. STATE BOARD OF OPTOMETRY OPTOMETRY; RADIO FREQUENCY TECHNOLOGY AND DEVICES; AUTHORIZATION AND REQUIREMENTS ADOPT

SECTION 1572 NOTICE IS HEREBY GIVEN that the California State Board of Optometry (Board) is proposing to take the action described in the Informative Digest below, after considering all comments, objections, and rec - ommendations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period.

A hear - ing may be requested by making such request in writ - ing addressed to the individuals listed under “Contact Person” in this notice. WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no later than by Monday, September 23, 2024 or must be received by the Board at the hearing, should one be scheduled.

AUTHORITY AND REFERENCE Pursuant to the authority vested by section(s) 3010.1, 3025, and 3025.5 of the Business and Professions Code (BPC), and to implement, interpret, or make specific BPC

section 3041 the Board is considering adopting

Article 11.5,

section 1572, of title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Dry eye disease or syndrome is a common eye con- dition that occurs when tears do not adequately lubri - cate the eye. This can cause the eye to feel uncom - fortable and can cause vision problems. Dry eye dis - ease is often caused by meibomian gland dysfunction (MGD) which is a disorder that occurs when the oil produced in the eyes is insufficient in quantity or qual- ity. In many cases of MGD, the glands that produce the oil get clogged and the oil doesn’t drain.

MGD is a common cause of dry eye syndrome and licensed op - tometrists are primary providers of treatment for this condition. The authorized treatments for dry eye in California include the following: ● Over the counter eye drops. ● Prescription medicines. ● Lifestyle changes. ● Tear duct plugs. ● Surgery (ophthalmologists only; California– licensed optometrists are not authorized to per - form surgery, with limited exception). ● Intense pulsed light (IPL). Innovative treatments are available to treat MGD and dry eye syndrome.

IPL is a technology used to de- liver pulses of light to liquefy and release oils that have hardened and clogged glands in the eyelids. The tech- nology is intended to reduce eyelid redness and stim - ulate healthy gland function. Radiofrequency, or RF, is a technology used to deliver high frequency electri- cal currents to the surface of skin to stimulate colla - gen growth. IPL and RF technology, administered individual - ly or as part of a combination regime, are often of - fered as a treatment for MGD and dry eye syndrome.

In California, the law authorizes the use of IPL but does not authorize the use of RF unless the technol - ogy or device receives FDA or Board regulatory ap - proval for the treatment of a disease or condition of the visual system. IPL received an FDA authorization in February 2021 for dry eye disease and the scope of practice for California optometrists has also explicitly authorized its use since January 1, 2022.

To date, RF has not received approval under state law for use by optometrists within their scope of practice and the FDA has not issued any approvals for RF devices with an indication that is within the scope of practice for California–licensed optometrists. However, there are several RF devices that have re - ceived FDA approval for wrinkles and other aesthet - ic uses, and RF devices have been in the market for over–the–counter purchase since at least 2002, when the first RF device received FDA approval for wrin -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 1006 kles and other aesthetic uses. Numerous variants are available for purchase via commonly known online retailers.

Additionally, there are studies that show the efficacy of RF for treating MGD and dry eye disease, includ - ing a 2023 study conducted by ophthalmologists that found RF treatment used along with expressing the meibomian glands reduced the signs and symptoms of dry eye syndrome. 1 Other studies have examined the use of RF in com - bination with IPL and similarly found promising re - sults for those suffering from MGD and dry eye syn - drome.

A 2023 study conducted by an ophthalmolo - gist and an optometrist, but this time combining IPL, RF, and meibomian gland expression, found that pa- tients suffering from moderate to severe dry eye syn - drome, caused by MGD, had decreased symptoms, improved meibum quality and appearance, increased the number of expressible glands, and decreased mei - bomian gland loss. The study found that combining IPL, RF, and meibomian gland expression over four treatments had larger effects that when subjects were treated with just IPL and meibomian gland expression.

The study concluded that “multi–frequency RF may have an added value on top of IPL and MGX [meibo - mian gland expression].” 2 No patient harm caused by RF was found in either study. The scope of practice for California–licensed op - tometrists is found at Business and Professions Code

section 3041. There, the law both prescribes and lim - its the actions of California–licensed optometrists. The law importantly also provides a mechanism to ex- pand the scope of practice to include “additional non - invasive devices or technology” that have either re - ceived approval via the FDA or by Board regulation for a disease or condition within the scope of prac - tice. Specifically, the Board’s authority to pursue this regulation is found at Business and Professions Code

section 3041(a) (5) (G) (2), which says that optometrists can use noninvasive devices or technology if they: Have been approved by the board through regula - tion for the rational treatment of a condition or dis - ease authorized by this chapter.

Any regulation under this paragraph shall require a licensee to successful - ly complete an appropriate amount of clinical train - ing to qualify to use each noninvasive medical device or technology approved by the board pursuant to this paragraph.” 1 Transcutaneous Radiofrequency–mediated Meibomian Gland Expression is an Effective Treatment for Dry Eye: A Prospective Cohort Trial 2 Multi–Frequency RF Combined with Intense Pulsed Light Im - proves Signs and Symptoms of Dry Eye Disease Due to Meibo - mian Gland Dysfunction RF technology is noninvasive and has been an FDA–approved technology available for purchase over the counter for more than two decades.

Studies show promise in treating patients suffering from dry eye syndrome caused by MGD, especially when com- bined with other treatments such as IPL and MGD expression. Authorizing this regulation proposal will enable California–licensed optometrists to offer RF technol - ogy to their patients and expand the legal treatment options available for patients suffering from dry eye syndrome caused by MGD.

Anticipated Benefits of Proposal The Board has determined that this regulatory pro - posal will have the following benefits to the health and welfare of California residents The anticipat - ed benefits of authorizing the use by optometrists of RF technology and devices are substantial and wide– reaching, positively impacting both regulatory align - ment and public welfare. Here are the key advantages: The proposal authorizes a noninvasive technology or device that has shown effectiveness in treating dry eye disease, a common eye condition impacting mil - lions of Californians.

Under present law, California– licensed optometrists are not authorized to use RF technology or devices on their patients, even though they were trained in the technology as part of their re- quired education and studies show that it works, es - pecially when the RF technology or device is used in combination with other proven techniques such as IPL and meibomian gland expression. Expanding the al - lowable treatment options that an optometrist can use to include RF will positively benefit Californians who are suffering from dry eye disease.

As patients suffer- ing from this condition have their symptoms alleviat - ed, their quality of life should also improve. The proposal authorizes Therapeutic Pharmaceutical Agent (TPA)–certified optometrists who have com - pleted clinical training to use RF technology or devic- es, and defines clinical training to mean that training received from the manufacturer of the device, Board– approved continuing education courses, or by receiv - ing RF training in optometric college as part of the curriculum required to obtain the optometric degree.

This implements the requirement contained in the au- thorizing statute that requires “a licensee to success - fully complete an appropriate amount of clinical train- ing to qualify to use each noninvasive medical device or technology approved by the board pursuant to this paragraph.” The proposal also prohibits the use of RF technol - ogy or devices for any purpose which is outside the scope of practice of optometry in California, includ - ing an explicit prohibition on using the technology on a patient solely for aesthetic benefit and on using it af- ter the optometric purpose for the treatment has been

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 1007 achieved. This language intends to protect consumers by ensuring that licensed optometrists are only using the technology for a legitimate condition of the visu - al system. Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulato - ry proposal, the Board has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither inconsistent nor in - compatible with existing state regulations.

DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The regulations do not result in a fiscal impact to the state. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None.

BUSINESS IMPACT ESTIMATES Significant, Statewide Adverse Economic Impact The Board has made the initial determination that the proposed regulatory action will not have a signif - icant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states. Cost Impact on Representative Private Person or Business The Board is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses The California State Board of Optometry has deter- mined that this regulatory proposal will not have a sig- nificant impact on the following: 1) the creation or elimination of jobs within the state, 2) the creation of new businesses or the elimination of existing businesses within the state, or, 3) the expansion of businesses currently doing busi- ness within the state.

Authorizing RF technology and devices for use by optometrists when treating dry eye disease is intend - ed to provide greater access to treatment for individ - uals afflicted by dry eye disease. This proposal would not have any of the above–referenced impacts as ex - plained in the “Business Impact Estimates”

section of this notice. Benefits of Regulation: The California State Board of Optometry has deter- mined that this regulatory proposal will have the fol - lowing benefits to the health and welfare of California residents. The proposed regulations will authorize the use of RF technology and devices on patients with dry eye disease. By authorizing the use of this technology, consumers and patients of optometric services may benefit by having their provider be authorized to use a proven treatment.

Licensed optometrists will also benefit by being able to offer their patients a treatment that works, es - pecially in combination with other proven and legal treatments. Authorizing optometrists to use a proven technology that works in treating a common eye con - dition will improve the visual health of Californians. This regulatory proposal does not affect or relate to either worker safety or the state’s environment, as this proposal is not related to any of those issues. Business Reporting Requirements The proposal does not require businesses to file a re- port with the Board.

Effect on Small Business The Board has determined that the proposed regula- tions may affect small businesses, but the regulations will not have a significant statewide adverse economic impact on small businesses because the proposal au - thorizes the use of a technology and device that is used to treat an eye condition for which optometrists are primary treatment providers. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Board must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is pro - posed; would be as effective and less burdensome to affected private persons than the proposal described in this Notice; or would be more cost–effective to af -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 1008 fected private persons and equally effective in imple - menting the statutory policy or other provision of law. Any interested person may submit comments to the Board in writing relevant to the above determina - tions at 2450 Del Paso Road, Suite 105, Sacramento, California 95834 during the written comment period, or at the hearing if one is scheduled or requested.

AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regula - tory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based. This ma- terial is contained in the rulemaking file and is avail - able for public inspection upon request to the contact persons named in this notice.

TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board, at 2450 Del Paso Road, Suite 105, Sacramento, California 95834.

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

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

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

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Gregory Pruden Address: California State Board of Optometry 2450 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: 916–574–7808 Email Address: Gregory.Pruden@dca.ca.gov The backup contact person is: Name: Randy Love Address: California State Board of Optometry 2450 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: 279–895–1471 Email Address: Randy.Love@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regula - tions with modifications noted, as well as the Final Statement of Reasons when completed, and modi - fied text, if any, can be accessed through the Board’s website at https://optometry.ca.gov/lawsregs/propregs. shtml.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 2080–2024–003–05 Project: San Diego Gas and Electric Company Habitat Conservation Plan Amendment Location: San Diego, Orange, and Riverside Counties Applicant: San Diego Gas and Electric Company Background San Diego Gas and Electric Company (SDG&

E) pro- poses to implement certain activities that received take authorization under the federal Endangered Species

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 1009 Act via a Habitat Conservation Plan Amendment (HCP Amendment) and amended incidental take per - mit (ITP) issued early 2023 by the United States Fish & Wildlife Service (USFWS).

The HCP Amendment describes up to 820 acres of additional habitat im - pacts for ongoing operation and maintenance activi - ties, wildfire fuels management, and limited new con- struction activities (collectively, Project) within the 2,815,930–acre SDG&E Service Area (Project Area) for its natural gas and electric infrastructure through - out San Diego, Orange, and Riverside Counties.

The Project activities (Covered Activities) include, but are not limited to, pole replacements, vegetation re - moval for wildfire fuels management, expansion of the Moreno Valley Compressor Station, and mainte - nance of existing rights–of–way easement corridors. The Project also identifies activities SDG&E will im - plement to avoid, minimize, and fully mitigate the ad- verse environmental effects of the Covered Activities.

The Project activities described above are expect - ed to incidentally take 1 Stephens’ kangaroo rat (SKR; Dipodomys stephensi) where those Covered Activities take place within the Project Area. SKR could be inci- dentally taken because of the crushing, trampling, and trapping in association with the Covered Activities. For example, SKR could be incidentally taken due to collision with or crushing by vehicles or equipment, as these ground–dwelling species may become trapped and entombed within burrows.

SKR could also be in - cidentally taken as a result of the capture, handling and relocation efforts intended to avoid or minimize death or injury from the Covered Activities. Additionally, indirect impacts may include displacement and deg - radation of suitable habitat from edge effects and in - creased human activity. SKR is designated as a threat- ened species pursuant to both the federal Endangered Species Act (ESA) (16 U.S.C. § 1 531 et seq.) and the California Endangered Species Act (CESA) (Fish & Game Code, § 2 050 et seq.). (See Cal.

Code Regs., title 14, § 670.5, subdivision (b) (6) (C).) SKR individuals are documented as present with - in the inland valleys of cismontane habitat through - out Riverside and San Diego Counties in the Project Area, therefore occupied SKR habitat exists within and adjacent to the Project Area. SKR habitat typi - cally consists of low native and non–native annual herbs and perennial and annual grasses interspersed with large areas of bare ground. SKR is also found in sparse coastal sage scrub with shrub cover gener - 1 Pursuant to Fish and Game Code

section 86, “ ‘Take’ means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” See also Environmental Protection In - formation Center v. California Department of Forestry and Fire Protection (2008) 44 Cal.4th 459, 507 (for purposes of incidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “ ‘take’…means to catch, capture or kill”). ally less than 30 percent. Based on the habitat suit - ability model for SKR in the USFWS Species Report for the Stephens’ Kangaroo Rat completed in August 2021, there is approximately 52,039 acres of modeled SKR habitat in the Project Area, including 6 acres on the Moreno Compressor Station property. Modeled SKR habitat is based on the presence of suitable hab - itat, exclusion of urbanized and unsuitable areas, de - tections/observations, elevation, and slope.

Because of the presence of SKR, dispersal patterns of SKR, and the presence of suitable SKR habitat within the Project Area, the USFWS determined that SKR is rea- sonably certain to occur within the Project Area and that Covered Activities are expected to result in the in- cidental take of SKR. According to the USFWS, the Project may im - pact up to 14.92 acres of modeled SKR habitat with - in the Project Area over the duration of the HCP/ITP.

Implementation of the Covered Activities will result in 2.74 acres of temporary impacts to modeled SKR habitat, 2.48 acres of Wildfire Fuels Management (Wildfire Fuels Management is defined in the HCP Amendment) impacts to modeled SKR habitat, 4.7 acres of permanent impacts to modeled SKR habitat, and 5 acres of permanent impacts to modeled SKR habitat at the Moreno Compressor Station. Therefore, the Project is expected to result in a temporary loss of up to 5.22 acres of modeled SKR habitat and the per - manent loss of up to 9.7 acres of modeled SKR habitat.

Because the Project is expected to result in take of a species designated as threatened under the federal ESA, SDG&E prepared an updated HCP Amendment in support of their ITP application pursuant to

section 10(a) (1) (

b) of the ESA and applied to the USFWS for an amended ITP for the HCP Amendment on March 3, 2022. The USFWS formally initiated an environ - mental review of the HCP Amendment through a Notice of Availability (NOA) of a draft Environmental Assessment in the Federal Register on August 10, 2022. On October 20, 2023, the USFWS issued an amend - ed ITP (ESPER004183; PRT–809637–1) to SDG&E. Issuance of a 10(a) (1) permit is a Federal action sub - ject to ESA

Section 7 consultation. The USFWS com- pleted intra–Service formal

Section 7 consultation as required by the ESA. In October 2023, USFWS is - sued a biological opinion (Number 23–0101396_S7– FR_SD) (BO) to the USFWS that analyzed the final August 2023 version of the HCP Amendment. The BO describes the Project, requires SDG&E to comply with terms of the BO and its incidental take statement (ITS), and incorporates the HCP Amendment and ITP by reference. The ITS also requires SDG&E to fully implement, comply with, and adhere to, all conserva - tion measures contained within the HCP Amendment and the amended ITP for avoidance, minimization, and mitigation for impacts to SKR.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 1010 On June 27, 2024, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from SDG&E, requesting a determination pur - suant to Fish and Game Code

section 2080.1 that the ITP and related HCP Amendment, and the ITS and ac- companying BO are consistent with CESA for purpos- es of the Project and SKR. (Cal. Reg. Notice Register 2024, Number 30–Z, page 953.) Determination CDFW has determined that the ITP and relat - ed HCP Amendment, and the ITS and accompany - ing BO is consistent with CESA as to the Project and SKR because the mitigation measures and condi - tions contained in the BO and ITS, as well as the HCP Amendment and ITP, meet the conditions set forth in Fish and Game Code

section 2081, subdivisions (

b) and (c), for authorizing incidental take of CESA– listed species. Specifically, CDFW finds that: (1) take of SKR will be incidental to an otherwise lawful activity; (2) the mitigation measures identified in the ITS, BO, ITP and HCP Amendment (Section 5.5, Operational Protocol (OP) 95 and more), will minimize and ful - ly mitigate the impacts of the authorized take; (3) ad - equate funding is ensured to implement the required avoidance minimization and mitigation measures and to monitor compliance with, and effectiveness of those measures; and (4) the Project will not jeopardize the continued existence of SKR.

The ITP and ITS/BO re - quire implementation of the HCP Amendment and a variety of mitigation measures which include, but are not limited to, the following: Avoidance, Minimization, and Mitigation Measures 1) The following measures 1–18 are outlined in

Section 5.1.13 Species–Specific Protocol (OP 95) in the HCP Amendment. Impacts from Covered Activities where there is a potential for SKR to occur (SKR–Habitat) shall be avoided to the max- imum extent possible. Laydown/staging areas shall not be sited in SKR–Habitat. 2) If impacts to SKR–Habitat cannot be avoided, a Biologist shall survey SKR–Habitat that has the potential to be impacted by Covered Activities following current USFWS protocols to determine species presence.

If project timing does not al - low for surveys, it shall be assumed that all SKR– Habitat to be impacted is occupied. 3) If surveys determine that SKR–Habitat is occu - pied (or assumed occupied due to lack of sur - vey), temporary, permanent and Wildfire Fuels Management impacts that cannot be avoided shall be mitigated in kind per the mitigation ratios in the HCP Amendment Table 5.4, through land acquisition as described in the HCP Amendment

Section 5.5.2.1, with the assumption that impact- ed habitat contains trace, low, medium, or high density occupancy of SKR, and that the mitiga - tion land will support high density occupancy of SKR. This mitigation shall be approved by USFWS and CDFW prior to Covered Activities occurring within suitable SKR–Habitat. 4) If surveys determine SKR–Habitat is not occu - pied, Covered Activities and impacts shall be al - lowed. Impacts to unoccupied SKR–Habitat shall be mitigated per the HCP Amendment

Section 5.5, Table 5.3a. 5) Temporary impact areas within SKR–Habitat shall be re–contoured to mimic the natural land - scape when feasible. SDG&E shall determine the approach to re–contouring in consultation with the SKR Biologist and the approach shall be de - scribed in the Pre–Activity Survey Report (PSR). 6) Nighttime construction shall be avoided in and/ or adjacent to occupied SKR–Habitat.

If critical work during nighttime hours is necessary, a bio - logical monitor shall conduct a clearance survey of the access road and all work areas within 500 feet of occupied SKR–Habitat year–round. 7) SDG&E vehicles shall remain on existing access roads in SKR–Habitat to the maximum extent practicable. See also OP 2 (speed limits) in the HCP Amendment. 8) Access route(

s) shall be clearly marked with pin flags or similar flagging, which shall be followed by the vehicle driver. Vehicles shall proceed into the work site along the marked and designated overland travel route and back out along the same route. 9) In locations where overland travel is necessary for pole replacement, the pole replacements in SKR–Habitat shall be conducted with the use of a helicopter, if possible.

A helicopter shall be used to set the new pole in the pole hole as well as to string in the new conductor. 10) To distribute vehicle weight, plywood boards or al- ternate material as approved by the Biologist may be used to cover burrows within overland travel routes and work areas through SKR–Habitat. 11) All work within SKR–Habitat shall occur during dry conditions when soil is not wet nor following a significant rainfall event. 12) Except in emergencies, Covered Activities shall not occur off existing access roads when the soil is saturated or after significant rainfall events, as SKR burrows may be more susceptible to col - lapse and impacts from vehicular traffic. 13) Berms shall not be impacted within SKR–Habitat.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 1011 14) S DG&E shall retain a SKR Biologist 2 approved by USFWS and CDFW to review and moni - tor Covered Activities that result in ground dis - turbance or vegetation clearing within SKR– Habitat. SDG&E shall submit the proposed SKR Biologist’s resume to USFWS and CDFW for approval at least 30 days prior to initiation of Covered Activities within SKR–Habitat. The ap - proved SKR Biologist shall conduct the following activities: a.

A t least 10 days prior to initiating mainte - nance work within SKR–Habitat, coordinate with USFWS on the implementation of the measures to minimize impacts to SKR. b. P rovide a tailgate briefing of the specific bio - logical constraints required during Covered Activities to avoid and minimize impacts to SKR. c. P rior to ground disturbance or vegetation clearing within SKR–Habitat, conduct a survey to identify all potential SKR burrows within and surrounding the project foot - print and mark each one with a pin flag for avoidance. d.

P rior to ground disturbance or vegetation clearing within SKR–Habitat, evaluate all project areas in SKR–Habitat to determine the best available access routes, which shall avoid or minimize disturbance to occupied SKR–Habitat and lead from the nearest dirt access road or route into the project area. e. B ased on the survey findings, the SKR Biol - ogist may recommend the erection of exclu- sion fencing and salvage trapping for SKR within discrete work areas (e.g., at drain - age improvement work areas and where veg- etation will be uprooted) where significant soil disturbance is proposed.

Otherwise, the SKR Biologist shall walk a safe distance in front of vegetation trimming personnel, equipment, and any other grading imple - ments or project–related Covered Activi - ties to assist crews in avoiding impacts to burrows potentially occupied by SKR. The SKR Biologist shall have stop–work author- ity to avoid unauthorized impacts to suitable SKR–Habitat. 2 The SKR Biologist must have completed at least 40 calendar nights performing small mammal live–trapping surveys and must have handled at least 40 individual SKR.

The SKR Biolo - gist must also have experience using exclusion fencing to salvage and exclude small mammals from construction work areas, and/ or experience performing small mammal translocations in the wild. If work is occurring on Marine Corps Base Camp Pendleton (MCBCP), then the Biologist must also be approved by MCBCP. f.

W hen there is potential for direct impacts to SKR from soil disturbance and the SKR Biologist determines that exclusion fenc - ing is warranted, the fencing design and lo - cation shall be reviewed and approved by USFWS to ensure that the fencing is of an ap- propriate height and is appropriately placed; the bottom of the fence is buried at least 12 inches below ground; and it is constructed in a manner that prevents SKR from dig - ging, crawling, or hopping under or over the fence.

All fencing shall remain in place dur- ing soil–disturbing Covered Activities and it shall be removed under the direction of the SKR Biologist. g. F or applicable work areas where the erection of exclusion fencing is warranted, determine the need to conduct salvage trapping to re - move SKR from work areas.

A final deter - mination regarding the locations and plans for exclusion trapping shall be made by the SKR Biologist in consultation with US - FWS and CDFW, and the SKR Biologist shall submit to USFWS and CDFW for re - view and approval, a detailed SKR trap and release plan prior to any impacts to SKR– Habitat. Trapping of SKR shall be conduct - ed immediately preceding construction to minimize the likelihood that SKR have an opportunity to re–inhabit the disturbance footprint.

Trapping shall be conducted for at least 5 nights, with at least 2 consecutive nights of negative results at the end of the trapping session before construction begins. Should exclusion fencing be compromised in such a way that SKR could enter the site during construction, repeat trapping may be conducted at the discretion of the SKR Biologist. h. R elease all SKR individuals captured for re - moval from work areas into adjacent habitat. i.

C heck the integrity of all excavation unit covers, soil stockpile tarps, exclusion fenc - ing, and any additional measures meant to exclude the SKR each morning before the start of work and each evening at the culmination of each workday in suitable SKR–Habitat. j. E ach morning prior to commencement of work, check all equipment in suitable SKR– Habitat underneath and inside wheel wells for wildlife. Any SKR or other animals en - countered shall be removed and released in adjacent open habitat away from construc - tion zones.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 32–Z 1012 15) For pole replacement work in SKR–Habitat, the first 12 inches of the pole hole shall be dug by hand, when practicable. 16) Any excavation (i.e., pole holes, trenches, fence posts) in SKR–Habitat shall be done in accor - dance with the following measures: a. Excavations shall be backfilled with the ex - cavated native soil or covered each day at the completion of work.

Excavations shall be covered using rigid boards or plates, which shall then be covered by a sheet of thick plas- tic sheeting, the edge of which shall be bur - ied by dirt from the excavation or by gravel/ sand bags to prevent or minimize intrusion by rodents or ground–dwelling animals. b. Open holes shall be fitted with a ¼–inch hardware cloth “net” located approximately 24 inches below the top of the hole to cap - ture SKR. The use of Sonotubes (i.e., round, concrete forming tubes) in lieu of hardware cloth nets may also be used to restrict wild - life from falling into open holes.

Develop - ment and utilization of alternate techniques are acceptable with review and approval by USFWS and CDFW. c. Excavations shall be checked twice daily (morning and afternoon) to verify no SKR individuals are in the hole or on the net. The number of daily checks may be reduced with approval by USFWS and CDFW. An