Cal. Code Regs. Tit. 14, § 790 - Definitions and Abbreviations
Unless the context requires otherwise, the following definitions shall govern the construction of this subdivision and implementation of the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act (Government Code sections 8670.1- 8670.95).
(a)
(1)
"ACP" see "Area Contingency Plan."
(a)
(2)
"Act" means the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
of 1990 (statutes of 1990, chapter 1248) and amendments
thereto.
(a)
(3) "Administrator" means the administrator
for oil spill response appointed by the Governor pursuant to Government Code
section
8670.4 or
his or her designee.
(a)
(4) "Adverse Weather" means the weather
conditions that will be considered when determining the appropriate oil spill
response systems and equipment for a particular operating environment. Factors
that will be considered include wind, significant wave height, temperature,
weather-related visibility, and the tides and currents within the response area
in which the equipment is intended to function.
(a)
(5)
"Affiliated Person" or "Person Affiliated", whether singular or plural, means a
person or entity that, directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with,
another person or entity. This does not include volunteers as described in
subsections
820.01(e) (9.5)
and 820.02(f)(8.5).
(a)
(6) "Agent for Service of Process" means an
individual who resides in California, or a corporation, designated to accept
service of process. Agents shall have filed a certificate with the Secretary of
State pursuant to Corporations Code section
1505.
(a)
(7)
"Anchorage" or "Anchorage Designation" means an area designated by the U.S.
Army Corps of Engineers or the U.S. Coast Guard for the anchoring of
vessels.
(a)
(8) "Area Contingency Plan," commonly
referred to as ACP, means an oil spill response plan required to be developed
by federal area committees pursuant to section 1321(j)(4) of Title 33 of the
United States Code. There are six area contingency plans corresponding to the
following coastal zones of California:
(A)
Area 1, North Coast: the Oregon border to the Mendocino/Sonoma County
line;
(B) Area 2, San Francisco Bay
and Delta: the Mendocino/Sonoma County line to the San Mateo/Santa Cruz County
line, including San Francisco Bay and the portions of the Sacramento/San
Joaquin Delta;
(C) Area 3, Central
Coast: the San Mateo/Santa Cruz County line to the Monterey/San Luis Obispo
County line;
(D) Area 4, LA/LB
North: San Luis Obispo, Ventura and Santa Barbara Counties;
(E) Area 5, LA/LB South: Los Angeles and
Orange Counties; and
(F) Area 6,
San Diego: Orange/San Diego County line to the Mexico
border.
(a)
(9) "Assets," as defined by generally
accepted accounting principles, means probable future economic benefits
obtained or controlled by a particular entity as a result of past transactions
or events.
(b)
(1) "Balance of the Coast" means those areas
of the California coast that are not designated as either a high volume port or
as a facility transfer area.
(b)
(2)
"BAP" see "Best Achievable Protection."
(b)
(3)
"Barge" means any vessel that carries oil in commercial quantities as cargo but
is not equipped with a means of self-propulsion.
(b)
(4)
"Barrel" means 42 United States gallons of oil at 60 degrees
Fahrenheit.
(b)
(5) "Best Achievable Protection" means:
(A) The highest level of protection which can
be achieved through the use of both of the following:
1. The best achievable technology;
and
2. Those manpower levels,
training procedures, and operational methods which provide the greatest degree
of protection achievable.
(B) The Administrator's determination of
which measures provide the best achievable protection shall be guided by the
critical need to protect valuable natural resources and waters of the state,
while also considering all of the following:
1. The protection provided by the
measures;
2. The technological
achievability of the measures; and
3. The cost of the
measures.
(C) The
Administrator shall not use a cost-benefit or cost-effectiveness analysis or
any particular method of analysis in determining which measures provide the
best achievable protection. The Administrator shall instead, when determining
which measures provide best achievable protection, give reasonable
consideration to historical and current prevention methods, historical and
current improvements in technology, and response readiness. Additionally, the
Administrator shall consider the protection provided by the measures, the
technological achievability of the measures, and the cost of the measures when
establishing the requirements to provide the best achievable protection for the
natural resources of the state.
(b)
(6)
"Best Achievable Technology" means technology which provides the greatest
degree of protection taking into consideration, the following:
(A) Processes which are being developed, or
could feasibly be developed anywhere in the world, given overall reasonable
expenditures on research and development; and
(B) Processes which are currently in use
anywhere in the world, taking into account historical and current effectiveness
provided by the measures already in place.
(C) In determining what is the best
achievable technology, the Administrator shall consider the effectiveness and
engineering feasibility of the technology and if there would be an improvement
over the technology currently in place.
(b)
(7)
"Bollard Pull" means the force, in pounds, that a tug is capable of exerting
against a stationary object. Bollard pull can be measured for either or both of
the following:
(A) Astern force, which is the
force applied when the tug is pushing or pulling astern;
(B) Ahead force, which is the force applied
when the tug is pushing or pulling ahead.
(b)
(8)
"Braking Force" means astern bollard pull (at zero speed) for conventional
tugs, and ahead bollard pull (at zero speed) for tractor
tugs.
(b)
(9) "Bulk" see "Oil in
Bulk."
(b)
(10) "Bunkering" or "Bunkering Operation"
means the transfer of oil via hoses, pipelines, or loading arms for the purpose
of providing fuel or lubricants to a tank vessel or nontank vessel. A bunkering
operation includes all phases of the operation from the beginning of mooring
activities between the transfer unit and the receiving unit to the departure of
either the transfer unit or the receiving unit.
(b)
(11)
"Bunkering Oil" means that product used as fuel for a vessel's propulsion
system.
(b)
(12) "Business Days" see "Working
Days."
(c)
(1) "California Oil Spill Contingency Plan"
means the Governor's state oil spill contingency plan prepared pursuant to
article 3.5 of chapter 7 of the Government Code (commencing with section
8574.1).
(c)
(2) "Cascading Response Personnel" means
personnel designated to supplement or relieve the initial response personnel.
Specific arrival times for cascading response personnel are required within
this subdivision.
(c)
(3) "Certificate of Financial
Responsibility," also referred to as "certificate," means an official written
acknowledgement issued by the Administrator that an owner or operator of a tank
vessel, nontank vessel, vessel carrying oil as a secondary cargo, facility or
the owner of the oil has demonstrated the financial ability to pay for costs
and damages caused by an oil spill pursuant to the provisions of chapter 2
(Financial Responsibility).
(c)
(4)
"Cleaned-up" means spilled oil has been removed to the extent that it no longer
poses a threat to human health and safety or the environment, as determined by
either the state on-scene coordinator or an established unified
command.
(c)
(5) "Clearing House" means an individual,
organization, corporation or agency designated by the Administrator to carry
out responsibilities related to tug escort requirements for specific harbors in
California.
(c)
(6) "COLREGS" means the International
Regulations for the Prevention of Collisions at Sea, 1972, published by the
International Maritime Organization (IMO), which are navigation rules to be
followed by ships and other vessels at sea to prevent
collisions.
(c)
(7) "Competitive Aspects" means the cost of
materials, labor, services, property or other necessities required to carry out
a recommendation of a harbor safety committee. These costs shall be compared to
other alternative costs for the same or similar requirements and may vary from
port to port within a harbor area. Competitive aspects shall be addressed in
any economic feasibility report or study made part of any such
recommendation.
(c)
(8) "Containment Area" means that area
designated for the containment of any spilled oil with the intent of preventing
the oil from reaching open water.
(c)
(9)
"Contingency Plan" see "Oil Spill Contingency Plan."
(c)
(10)
"Contract or Other Approved Means" includes either (A) or (B) below:
(A) A written, signed contract, or written
certification of active membership between a plan holder and a rated oil spill
response organization or certified spill management team. This contract shall
identify and ensure the availability of the required response resources capable
of responding to a spill within the response times as required by this
subdivision.
1. The contract between a plan
holder and an oil spill response organization shall not contain a provision
requiring the plan holder to notify the oil spill response organization in
advance, in order to guarantee response services for two hours and beyond for
containment booming and on-water recovery services (as specified in subsection
819.04(b)(2) of
this subchapter).
2. The contract
may contain a requirement for vessel plan holders to notify the oil spill
response organization 24 hours in advance before entering marine waters, to
meet the 0-12 hour shoreline protection requirement for vessels that operate in
those areas not identified as high volume ports.
3. For immediate (less than two hours) spill
response coverage during vessel oil transfer operations, advance notice to the
oil spill response organization is also allowed.
(B) Written certification that the response
resources required by this subdivision are owned or operated by the plan holder
and are available within the response times as required by this
subdivision.
(c)
(11)
"Conventional Tug" means a tug with screws or propellers which are fixed to
provide thrust either fore or aft, parallel to the keel or longitudinal axis of
the tug.
(c)
(12) "Crude Oil" means petroleum in an
unrefined or natural state, including condensate and natural
gasoline.
(c)
(13) "Culturally Sensitive Sites" means
locations which include, but are not limited to, historical and archaeological
sites, and areas of cultural or economic significance to Native
Americans.
(c)
(14) "Current Assets," as defined by
generally accepted accounting principles, means cash or other assets or
resources commonly identified as those which are reasonably expected to be
realized in cash, or sold or consumed during the normal operating cycle of the
business.
(c)
(15) "Current Liabilities," as defined by
generally accepted accounting principles, means those obligations whose
liquidation is reasonably expected to require the use of existing resources,
properly classifiable as current assets, or the creation of other current
liabilities.
(d)
(1) "Deadweight Tonnage" means the weight of
the cargo, fuel, water, and stores necessary to submerge a vessel from its
light draft to its load draft. This measurement shall be obtained from the
following:
(A) The most current Lloyd's
Register;
(B) From the country of
registry;
(C) By documentation from
a recognized classification society; or
(D) As reflected in the International Load
Line Certificate posted on each vessel.
(d)
(2)
"Dedicated Response Resources" means response resources committed solely to oil
spill response, containment, and cleanup that are not used for any other
activity that would adversely affect the ability of that equipment and
personnel to provide oil spill response services in the time frames for which
the equipment and personnel are rated.
(d)
(3)
"Department" means the California Department of Fish and
Wildlife.
(d)
(4) "Discharge" see
"Spill."
(d)
(5) "Discharge Container System" means any
system designed to enclose or restrain spilled oil and prevent it from
spreading further and/or reaching open water. Such a system may be fixed or
portable, depending upon the application, and may involve specific equipment
for certain applications.
(d)
(6)
"Displacement" means the total weight of water, as measured in long tons,
displaced by a vessel at a given load level.
(e)
(1)
"Economically Sensitive Sites" means locations which include, but are not
limited to, public beaches, parks, marinas, boat ramps, diving areas,
industrial and drinking water intakes, power plants, salt pond intakes and
other similarly situated underwater structures, intertidal and subtidal
drilling leases, and major waterways and vessel traffic.
(e)
(2)
"EDRC" see "Effective Daily Recovery Capacity."
(e)
(3)
"Effective Daily Recovery Capacity," commonly referred to as EDRC, means a
derated recovery capacity value for a piece of skimming equipment computed by
taking the manufacturer's rating for the recovery capacity of a piece of
skimming equipment and reducing (derating) that amount to reflect the
real-world limitations of the response equipment's efficiency. Limitations on
efficiency may be the result of such variables as weather, sea state, velocity
of currents, hours of operation per day, or visibility. The effective daily
recovery capacity for a skimmer shall be calculated as 20 percent of the
manufacturer's rated skimming capacity (SC) for the equipment for a 24-hour
period, [(SC x 24 hours) x 20% = EDRC].
(e)
(4)
"Environmentally Sensitive Area" or "Environmentally Sensitive Site" means both
environmentally sensitive sites and cultural and historical sites identified in
area contingency plans or geographic response plans, or the California oil
spill contingency plan.
(e)
(5)
"Equipment Deployment Drill" or "Drill" means the testing of oil spill response
equipment identified in an oil spill contingency plan or an oil spill response
organization application, through actual deployment and operation as it would
be used in spill response efforts in an environment of similar habitat, water
depth, current velocity, tidal range, and substrate, where the equipment may
need to be used in an actual oil spill response.
(e)
(6)
"Escort Tug" means a tug that is designed primarily to influence the speed and
direction of travel of a tank vessel in the event of a casualty, steering or
propulsion failure. A tug is considered to be designed for escort work whether
or not it is involved in such activity if it meets the requirements of the
applicable harbor.
(e)
(7) "Escort Vessel" see "Escort
Tug."
(f)
(1) "Facility" means:
(A) Any of the following located in state
waters or located where an oil spill may impact state waters:
1. A building, structure, installation, or
equipment used in oil exploration, oil well drilling operations, oil
production, oil refining, oil storage, oil gathering, oil processing, oil
transfer, oil distribution, or oil transportation and is associated with the
supply chain of oil.
2. A marine
facility.
3. A marine
terminal.
4. A small marine fueling
facility.
5. A drill ship,
semi-submersible drilling platform, jack-up type drilling rig, or any other
floating or temporary drilling platform.
6. A pipeline that transports oil.
7. An inland facility.
8. A railroad that transports oil in
bulk.
(B) "Facility" does
not include any of the following:
1. A vessel,
except a vessel located and used for any purpose described in subsection
(f)(1)(A)5. of this section.
2. Any
aspect of a facility subject to chapter 6.67 (commencing with section 25270,
aboveground petroleum storage tanks) or chapter 6.75 (commencing with section
25299.10, underground storage tanks) of division 20 of the Health and Safety
Code, or an aboveground petroleum storage tank not associated with the supply
chain of oil.
3. A small craft
refueling dock.
4. Operations on a
farm, nursery, logging site, or construction site that are either of the
following:
a. Do not exceed 20,000 gallons in
a single storage tank; or
b. Have a
usable tank storage capacity not exceeding 75,000
gallons.
(f)
(2)
"Facility Transfer Area" means the area where oil or oil products are
transferred within marine waters, excluding high volume
ports.
(f)
(3) "Facility Transfer Point" means a fixed
location where oil or oil products are or can be transferred between a vessel
and a facility.
(f)
(4) "Federal Breakwater" means the line of
demarcation as specified in 33 Code of Federal Regulations part
80.1114.
(f)
(5) "Federal On-Scene Coordinator," commonly
referred to as FOSC, means the federal official designated to coordinate
response to an oil spill or hazardous substance release under the National Oil
and Hazardous Substances Pollution Contingency Plan. For an oil spill the
federal on-scene coordinator is an agent of either the U.S. Coast Guard or the
U.S. Environmental Protection Agency, depending on where the incident
occurs.
(f)
(6) "Fiscal Year" means the period commencing
on the first day of July and ending on June 30 of the following
year.
(f)
(7) "Full Scale Combination Exercise" means
an exercise of an oil spill contingency plan involving both the spill
management response efforts and the actual deployment and operation of oil
spill response equipment as it would be used at a specific
site.
(g)
(1) "Generally Acceptable Accounting
Principles," commonly referred to as GAAP, means the generally accepted
accounting principles adopted by the United States.
(g)
(2)
"Geographic Region" means either one of six areas along the California coast
covered by an area contingency plan, as defined at subsection (a)(8), or one of
six response planning areas, as defined at subsection
(r)(7).
(g)
(3) "Geographic Response Area" means a
subdivision of an area contingency plan, which is based on natural basins or
other natural features, landmarks, or general planning demarcations as
described in the appropriate area contingency plan.
(g)
(4)
"Geographic Response Plan" means a document addressing specific response
strategies and tactics for specific areas with especially difficult or complex
issues if impacted by an oil spill into waters of the state, and which is
developed by the state or by the federal government and in coordination with
other agencies and stakeholders.
(g)
(5)
"Gross Tons" means the measure of a tanker, tank barge, or nontank vessel's
tonnage by volume.
(g)
(6) "Group 1 Oil" see "Non-persistent
Oil."
(h)
(1) "Harbor Safety Committee" means a
committee comprised of those individuals appointed by the Administrator
pursuant to section
8670.23 of
the Government Code, charged with planning the safe navigation and operation of
vessels for the harbors of San Diego, Los Angeles/Long Beach, Port Hueneme, San
Francisco/San Pablo/Suisun Bays, and Humboldt Bay.
(h)
(2)
"HAZWOPER" means the Hazardous Waste Operations and Emergency Response
requirements of section
of Title
85192 of Title 8 of the Code of
Regulations.
(h)
(3) "High Volume Ports" means either of the
following:
(A) For the San Francisco
Bay/Sacramento-San Joaquin Delta; all California marine waters that are within
a 50 nautical mile radius of the San Francisco Approach, Lighted Horn Buoy SF
(LNB) (LLNR 360) [located at 37-45.0N, 122-41.6W] on the San Francisco Bay
Chart #18645. This does not include the Ports of Stockton and
Sacramento;
(B) For the Los
Angeles/Long Beach Harbor; all California marine waters that are within a 50
nautical mile radius of the Approach Lighted Whistle Buoy LB (LLNR 3010)
[33-42.1N, 118-11.0W] outside the entrance to the Los Angeles/Long Beach
Harbors on the Los Angeles and Long Beach Harbor Chart
#18751.
(i)
(1) "Incident Action Plan" means a document
that contains objectives reflecting the overall incident strategy and specific
tactical actions and supporting information for the next operational period.
The incident action plan may be oral or written.
(i)
(2)
"Incident Command System," commonly referred to as ICS, means a formal
structure or framework, for example the Incident Management
Handbook, as defined in subsection (i)(3), used for managing a
pollution incident or other type of emergency.
(i)
(3)
"Incident Management Handbook" means the U.S. Coast Guard Incident
Management Handbook (2014) or the U.S. Environmental Protection Agency
Incident Management Handbook (2016), incorporated by reference
herein. These are guidance documents designed to assist response personnel in
the use of the incident command system. They describe incident command system
organizational principles, standard incident management processes, and the
major responsibilities of the incident command system
positions.
(i)
(4) "Infrequent Transfer" means a transfer of
oil or oil product that is conducted on the average of one time per month or
not more than twelve times in a twelve month period.
(i)
(5)
"Initial Response Personnel" means personnel designated to deploy as soon as
possible upon being notified of a spill to the initial incident command post or
incident location. Specific arrival times for initial response personnel are
required within this subdivision.
(i)
(6)
"Inland Facility" means a facility located in inland waters or where a spill
may impact inland waters.
(i)
(7)
"Inland Waters" or "inland waters of the state" means waters of the state other
than marine waters, but not including groundwater.
(i)
(8)
"Innocent Passage" means navigation through the territorial sea for the purpose
of traversing that sea without entering internal waters or calling at a
roadstead or port facility outside internal waters. Passage shall be continuous
and expeditious. However, passage includes stopping and anchoring, but only
insofar as the same are incidental to ordinary navigation or are rendered
necessary by distress or for the purpose of rendering assistance to persons,
ships or aircraft in danger or distress.
(i)
(9)
"Intangible Assets" means assets, such as trademarks, goodwill, patents,
organization costs, computer programs, etc., which lack physical
substance.
(i)
(10) "Involved Parties" means a responsible
party, potentially responsible party, their agents and employees, including the
operators of all tankers, tank barges, and nontank vessels docked at a marine
facility or marine terminal which is the source of a spill, and all state and
local agencies involved in a spill or spill response.
(j) (Reserved)
(k)
(1)
"Kips" means a thousand pounds of force.
(l)
(2)
"Liabilities," as defined by generally accepted accounting principles, means
probable future sacrifices of economic benefits arising from present
obligations of a particular entity to transfer assets or provide services to
other entities in the future as a result of past transactions or
events.
(l)
(3) "Linefill Capacity" means the volume of
fluid in a pipeline or pipeline segment as determined by multiplying the
cross-sectional area of the inside of the pipeline in square feet, times the
length of the pipeline in feet, times 7.48 gallons per cubic foot. [Linefill
capacity in gallons equals 7.48(3.1416 r <2 > * L) where 7.48 = gallons
per cubic foot; 3.1416 is the constant, pi; r = inside radius in feet; * =
times; and L = length in feet].
(l)
(4)
"Line Haul Tug" means that tug that provides the primary power to push or pull
a tank barge.
(l)
(5) "Lightering" or "Lightering Operation"
means the transfer of a cargo of oil in bulk from one vessel to another.
Lightering includes all phases of the operation from the beginning of mooring
activities between the transfer unit and the receiving unit to the departure of
either the transfer unit or receiving unit. A lightering operation does not
include bunkering.
(l)
(6) "LOA" means the actual length overall of
a vessel measured in meters. This is the length for each vessel as listed in
Lloyd's Register or with the country of registry.
(l)
(7)
"Local Government" means any chartered or general law city, chartered or
general law county, or any city and county.
(l)
(8)
"Long Tons" means a unit of weight equal to 2,240 pounds
avoirdupois.
(m)
(1) "Marine Facility" means a facility
located in marine waters or where a spill may impact marine
waters.
(m)
(2) "Marine Terminal" means any marine
facility used for transferring oil to or from tankers or tank barges. This
would include all piping not integrally connected to a tank facility as defined
in section
25270.2
of the Health and Safety Code relating to above ground storage
tanks.
(m)
(3) "Marine Waters" means those waters
subject to tidal influence and includes the waterways used for waterborne
commercial vessel traffic to the Port of Sacramento and the Port of
Stockton.
(m)
(4) "Master" means the master of the tug
engaged in towing a tank barge or the master of a tanker or nontank
vessel.
(m)
(5) "Mobile Transfer Unit" means a vehicle,
truck, or trailer, including all connecting hoses and piping, used for
transferring oil at a location where a spill could impact waters of the
state.
(m)
(6) "Mobilization Time" means the time in
which initial response personnel are able to begin movement of spill response
resources to the site of an oil spill.
(n)
(1)
"Navigational Aid" means any device used by a tanker, tank barge or nontank
vessel that is intended to assist a navigator in determining the tanker, tank
barge or nontank vessel's position or a safe course, or to warn of dangers or
obstructions to navigation.
(n)
(2)
"Non-dedicated Response Resources" means those response resources identified by
an oil spill response organization for oil spill response activities that are
not dedicated response resources.
(n)
(3)
"Non-floating Oil", means a Group 5 oil as defined in section 155.1020 of Title
33 of the Code of Federal Regulations, dated June 21, 2022, hereby incorporated
by reference, and any Group 5 oil that is diluted with a diluent for
transport.
(n)
(4) "Non-persistent Oil," also known as
"Group 1 oil" means a petroleum-based oil, such as gasoline, diesel or jet
fuel, which evaporates relatively quickly and at the time of shipment consists
of hydrocarbon fractions that are:
(A) At
least 50 percent of which, by volume, distills at a temperature of 340 degrees
Celcius (645 degrees Fahrenheit); and
(B) At least 95 percent of which, by volume,
distills at a temperature of 370 degrees Celcius (700 degrees
Fahrenheit).
(n)
(5) "Nontank Vessel" means a vessel of 300
gross tons or greater that carries oil, but does not carry oil as
cargo.
(o)
(1) "Office of Spill Prevention and Response"
means the office headed by the Administrator, a Chief Deputy Director of the
California Department of Fish and Wildlife, as established pursuant to the
Act.
(o)
(2) "Offshore" means the area of marine
waters of the state beginning at the shoreline and extending seaward out to the
state's western most marine boundaries as defined in Government Code sections
170,
171 and
172,
excluding sheltered waters and shallow waters, as defined in this
section.
(o)
(3) "Offshore Marine Facility" means, but is
not limited to, a drill ship, semi-submersible drilling platform, jack-up type
drilling rig, facilities located on production piers, artificial islands and
platforms, any floating or temporary drilling platform and any facility of any
kind which is or was used for purposes of exploring for, drilling for,
producing, storing, handling, transferring, processing, refining, or
transporting oil and is located in, under, on, or above marine waters. This
includes facilities in the process of abandonment, re-drilling, well
maintenance and repairs.
(o)
(4)
"Oil" means any kind of petroleum, petroleum-based liquid hydrocarbons,
petroleum products or any fraction or residues therefrom. This includes, but is
not limited to: crude oil, bunker fuel, gasoline, diesel fuel, aviation fuel,
oil sludge, oil refuse, oil mixed with waste, and liquid distillates from
unprocessed natural gas.
(o)
(5) "Oil
In Bulk" means any volume of oil carried in the cargo tanks of a vessel or in a
tank car. Bulk oil does not include oil carried in packaged form, and does not
include residue or clingage remaining in the tanks or tank car after the cargo
oil has been offloaded. During a bunkering or lightering operation, bulk oil
may also be that oil which is transferred to or from a marine portable tank or
independent tank on board a vessel.
(o)
(6)
"Oil Pollution Risk Area" means a designated geographic location within a High
Volume Port where an oil spill could occur. Oil pollution risk areas are
identified by latitude and longitude coordinates.
(o)
(7)
"Oil Spill Contingency Plan" or "contingency plan" means a detailed oil spill
response and removal plan prepared by the plan holder that addresses
controlling, containing, and recovering an oil spill pursuant to subchapter 3
or subchapter 4 of chapter 3 of this subdivision.
(o)
(8)
"Oil Spill Response Organization," commonly referred to as OSRO, means an
individual, organization, association, cooperative, or other entity that
provides, or intends to provide equipment, personnel, supplies, or other
services directly related to oil spill containment, cleanup, or removal
activities.
(A) An oil spill response
organization can apply for a rating from the Administrator for a particular
rating level or service established pursuant to section
819.01 of this
subdivision.
(B) An oil spill
response organization does not include an owner or operator with an oil spill
contingency plan approved by the Administrator or an entity that only provides
spill management services, or who provides services or equipment that are only
ancillary to containment, cleanup, or removal
activities.
(o)
(9) "Oil Transfer System" means that system
as described in 33 Code of Federal Regulations part 154(c).
(o)
(10)
"Operator" see "Owner or Operator."
(o)
(11)
"Operating" means, in terms of a tanker, tank barge, or nontank vessel, either:
(A) The transferring or transporting of oil;
or
(B) That the tanker, tank barge,
or nontank vessel is underway, or not at anchor, is not made fast to the shore
or an anchored tanker, tank barge, or nontank vessel, or is not
aground.
(o)
(12) "Operating Environment" means the waters
of the state such as sheltered waters, shallow waters, offshore, and inland
waters.
(o)
(13) "OSPR" see "Office of Spill Prevention
and Response."
(o)
(14) "OSRO" see "Oil Spill Response
Organization."
(o)
(15) "OSRO-Owned and Controlled Resources"
means equipment owned by the oil spill response organization and personnel who
are employed directly by the oil spill response
organization.
(o)
(16) "OSRO Rating Letter," commonly referred
to as an ORL, means a written document issued by the Administrator to an oil
spill response organization following verification, inspection, satisfactory
performance in an announced and unannounced drill, and final review of the oil
spill response organization's application for a rating.
(o)
(17)
"Owner or Operator" means any of the following:
(A) In the case of a tanker, tank barge, or
nontank vessel, any person who owns, has ownership interest in, operates,
charters by demise, or leases the tanker, tank barge, or nontank
vessel.
(B) In the case of a
facility, any person who owns, has an ownership interest in, or operates the
facility.
(C) Except as provided in
subsection (o)(17)(D) of this section, in the case of any tanker, tank barge,
nontank vessel or facility, title or control of which was conveyed due to
bankruptcy, foreclosure, tax delinquency, abandonment, or similar means, to an
entity of state or local government, the owner or operator is any person who
owned, held an ownership interest in, operated, or otherwise controlled
activities concerning the tanker, tank barge, nontank vessel or facility
immediately before the conveyance.
(D) An entity of the state or local
government which acquired ownership or control of a tanker, tank barge, nontank
vessel or facility, when the entity of the state or local government has caused
or contributed to a spill of oil into waters of the state.
(E) "Owner" or "Operator" does not include a
person who, without participating in the management of a tanker, tank barge,
nontank vessel or facility, holds indicia of ownership primarily to protect his
or her security interest in the tanker, tank barge, nontank vessel or
facility.
(F) "Operator" does not
include any person who owns the land underlying a facility or the facility
itself if the person is not involved in the operations of the
facility.
(o)
(18) "Owners' Equity," as defined by
generally accepted accounting principles, means the difference between total
assets and total liabilities.
(p)
(1)
"Persistent Oil" means a petroleum-based oil that does not meet the
distillation criteria for a non-persistent oil. Persistent oils are further
classified based on both specific and American Petroleum Institute observed
gravities corrected to 60 degrees Fahrenheit, as follows:
(A) Group 2--specific gravity greater than or
equal to 0.8000 and less than 0.8500. API gravity less than or equal to 45.0
and greater than 35.0;
(B) Group
3--specific gravity greater than or equal to 0.8500 and less than 0.9490. API
gravity less than or equal to 35.0 and greater than 17.5;
(C) Group 4--specific gravity greater than or
equal to 0.9490 and up to and including 1.0. API gravity less than or equal to
17.5 and greater than 10.0;
(D)
Group 5--specific gravity equal to or greater than 1.0000. API gravity equal to
or less than 10.0. Group 5 oils are also classified as non-floating oils, as
defined in subsection (n)(3).
NOTE: Group 1 oils are classified as non-persistent oils, as defined in (n)(4).
(p)
(2)
"Person" means any individual, trust, firm, joint stock company, or
corporation, including, but not limited to, a government corporation,
partnership, and association. Also included is any city, county, city and
county, district and the state or any department or agency thereof, and the
federal government or any department or agency thereof, to the extent permitted
by law.
(p)
(3) "Pilot" means a person duly licensed by
the U.S. Coast Guard as a Federal First Class Pilot authorized to serve as a
pilot on tankers and nontank vessels transiting in specified harbors in
California. This person may or may not be the "Master" as defined in this
section.
(p)
(4) "Pipeline" means any line or conduit used
at any time to transport oil. A pipeline may be considered a facility if it is
located in waters of the state or where a spill from the pipeline could impact
waters of the state.
(p)
(5) "Plan Holder" means the owner or operator
of a facility, tank vessel, nontank vessel, small marine fueling facility, or
vessel carrying oil as secondary cargo; or other person or entity, responsible
for the development, submittal, update, maintenance of, and compliance with the
oil spill contingency plan required under this subdivision.
(p)
(6)
"Plan Recipient" means a receiving agency and any other entity that has been
designated in this subdivision to receive a copy of an oil spill contingency
plan.
(p)
(7) "Point of Transfer" means a position
either physically located on the receiving or transferring tanker, tank barge,
or nontank vessel, or in the case of a response vessel, located within one-half
(1/2) mile of the actual oil transfer operation.
(p)
(8)
"Port Authority" means the person, governmental agency or civilian organization
responsible for the operation, control and administration of a port or harbor
area.
(p)
(9) "Production Facility" means any equipment
attendant to onshore oil production or injection operations extending to the
lease automatic custody transfer unit or other oil custody transfer point,
including but not limited to, tanks, flowlines, headers, gathering lines,
wellheads, heater treaters, pumps, valves, compressors, injection equipment,
production safety systems, separators, manifolds, and pipelines, and which is
not under the jurisdiction of the State Fire Marshal pursuant to section
51010 of
the Government Code.
(p)
(10) "Production Pier" means a structure
supported above marine waters by pilings, columns or caissons which is
connected to land and upon which is situated an oil and gas production
operation.
(p)
(11) "Protection and Indemnity Club,"
commonly referred to as P&I Club, means a mutual insurance organization
formed by a group of ship owners or operators in order to secure cover for
various risks of tanker, tank barge, or nontank vessel operation, including oil
spill costs, not covered by normal hull insurance.
(q)
(1)
"Qualified Individual," commonly referred to as QI, means a shore-based
representative of a tanker, tank barge, nontank vessel or facility owner or
operator. The qualified individual can be an individual or company that
provides qualified individual services. The qualified individual must be fluent
in English, located in the continental United States, available on a 24-hour
basis, and have full written authority to implement the tanker, tank barge,
nontank vessel or facility's contingency plan. A person stationed on a fixed,
offshore platform is considered to be shore-based for purposes of this
definition. A qualified individual is not necessarily the responsible party
unless otherwise considered a responsible party as defined in this chapter. The
duties of the qualified individual shall include:
(A) Activating and engaging with rated oil
spill response organizations, certified spill management teams, or other
response resources;
(B)
Coordinating with, and following the orders of, the state on-scene coordinator
or federal on-scene coordinator through the unified command during all phases
of spill response. This would include the ability to make changes to the
contingency plan when so ordered by the Administrator or the federal on-scene
coordinator;
(C) Obligating, either
directly or through prearranged contracts, any funds necessary to carry out all
required or directed oil spill response activities detailed in the tanker, tank
barge, nontank vessel or facility's contingency plan or specified by order of
the state on-scene coordinator or federal on-scene
coordinator.
(r)
(1)
"Railroad" means a railroad, railway, rail car, rolling stock, or train that
carries oil in bulk. A railroad may be considered a facility if it meets the
definition of facility within this section.
(r)
(2)
"Rated Oil Spill Response Organization" means an oil spill response
organization that has received a satisfactory rating from the Administrator for
a particular rating level or service established pursuant to section
819.01.
(r)
(3)
"Reasonable Worst Case Spill" means a volume of oil measured in barrels as
defined and determined in chapter 3 of this subdivision: Marine Facility -
subsection
817.02(d); Small
Marine Fueling Facility - subsection
817.03(d); Tank
Vessel - subsection
818.02(e); Vessel
Carrying Oil As Secondary Cargo - subsection
818.03(e); Inland
Facility - subsection
817.04(j); and
Nontank Vessel - subsection
827.02(h).
(r)
(4)
"Regional Response Team" means the federal, interagency organization that is
responsible for granting approval for the use of cleanup agents during an oil
spill response. The regional response team was established pursuant to the
Federal Oil Pollution Act of 1990 and is composed of representatives of the
federal agencies enumerated in 40 Code of Federal Regulations, part 300.175(b),
as well as state and local representatives.
(r)
(5)
"Remove" or "Removal" means the extraction of oil from the water and
shorelines, or taking other action as necessary to minimize or mitigate
oil-related damage to the environment, or to safeguard the public health or
welfare.
(r)
(6) "Response Area" means the area in which
spill response activities are occurring. This shall include the designated
routes that response vessels will transit to and from temporary storage
facilities or other locations as specified by the Administrator and/or the
federal on-scene coordinator during the course of an oil spill
incident.
(r)
(7) "Response Planning Area (RPA)" means the
boundaries that are used for oil spill contingency plans and oil spill response
organization ratings. These boundaries are the same as the California Office of
Emergency Services Mutual Aid Regions and the boundaries of the Local Emergency
Planning Committee Regions established by the State Emergency Response
Commission. These boundaries are separate, but closely coincide with the U.S.
Coast Guard Captain of the port area contingency plan regions that are used for
marine facility and vessel contingency plans. The response planning area
numbering and county boundaries are described below:
(A) RPA I - Counties of Los Angeles, Orange,
San Luis Obispo, Santa Barbara, and Ventura.
(B) RPA II - Counties of Humboldt, Del Norte,
Mendocino, Lake, Sonoma, Marin, Napa, Solano, Contra Costa, Alameda, San
Francisco, San Mateo, Santa Clara, San Benito, Santa Cruz and
Monterey.
(C) RPA III - Counties of
Butte, Colusa, Glenn, Lassen, Modoc, Plumas, Shasta, Sierra, Siskiyou, Sutter,
Tehama, Trinity, and Yuba.
(D) RPA
IV - Counties of Alpine, Amador, Calaveras, El Dorado, Nevada, Placer,
Sacramento, San Joaquin, Stanislaus, Tuolumne, and Yolo.
(E) RPA V - Counties of Fresno, Kern, Kings,
Madera, Mariposa, Merced, and Tulare.
(F) RPA VI - Counties of Imperial, Inyo,
Mono, Riverside, San Bernardino, San Diego.
(r)
(8)
"Response Resources" means all the personnel, equipment, supplies, and services
necessary to perform oil spill response activities.
(r)
(9)
"Response Vessel" means any vessel used in the course of response activities
during an oil spill incident.
(r)
(10)
"Responsible Party" means any of the following:
(A) The owner or transporter of oil or a
person or entity accepting responsibility for the oil;
(B) The owner, operator or lessee of, or
person who charters by demise, any tanker, tank barge, nontank vessel, or
facility;
(C) A person or entity
who accepts responsibility for vessel or facility; or
(D) The person who fulfills the role of the
qualified individual during spill response only if that person is also one of
the individuals as described in subsections (A) through (C)
above.
(r)
(11) "Risk and Hazard Analysis" means a study
in which process hazards and potential operating problems that could lead to
oil spills are identified using systematic methods recommended by the American
Institute of Chemical Engineers, or other means approved by the Administrator.
This is the study referred to as the Hazard and Operability Study in section
8670.28 of
the Government Code.
(r)
(12) "Risk Zone" means one of the areas along
the California coast that has been differentiated by the relative risk of an
oil spill occurring in that area. The areas so designated shall be termed: high
volume ports; facility transfer areas; or the balance of the coast; and are
further defined in this chapter.
(s)
(1)
"Santa Barbara Channel Area" see "Facility Transfer Area."
(s)
(2)
"Sensitive Site Strategy Evaluation Program" means the Administrator's
announced exercise program to test and evaluate the effectiveness of the
response strategies developed in area contingency plans or geographic response
plans and Shoreline Protection Tables to protect the environmentally sensitive
areas or sites.
(s)
(3) "Shallow-Draft Vessel" means:
(A) For purposes of boom deployment, a vessel
that must be able to operate in water depths of two feet or less; and
(B) For purposes of skimming operations, a
vessel and attendant skimming system that must be able to operate in water
depths of three feet or less.
(s)
(4)
"Shallow Waters" means marine waters of the state landward of the mouth of a
bay or breakwater that are six feet deep or less at mean low tide excluding
offshore and sheltered waters.
(s)
(5)
"Sheltered Waters" means marine waters of the state landward of the mouth of a
bay or breakwater that are greater than six feet deep at mean low tide,
excluding offshore and shallow waters.
(s)
(6)
"Shifting" means to move or transfer a tanker, tank barge, or nontank vessel
from one place or position in the harbor to another place or position in the
harbor.
(s)
(7) "Shoreline Protection Tables" commonly
referred to as "SP Tables," means the tables dated August 2013, incorporated by
reference herein, developed by the Office of Spill Prevention and Response and
posted on its website. These tables outline the shoreline protection
requirements for California's coastal areas and apply to all vessels of 300
gross tons or greater. Small Harbor Tables are included to describe the
shoreline protection requirements for vessels that operate in the small harbors
as listed. The SP Tables are updated periodically through the regular
rulemaking process of the Administrative Procedure Act.
(s)
(8)
"Short Ton" means a unit of weight equal to 2,000 pounds,
avoirdupois.
(s)
(9) "Small Craft" means any vessel, other
than a tanker or tank barge, which is less than 65 feet, 7-1/2 inches (20
meters) in length.
(s)
(10) "Small Craft Refueling Dock" means a
waterside operation that dispenses only non-persistent oil in bulk and small
amounts of persistent lubrication oil in sealed containers, primarily to small
craft, and meets both of the following criteria:
(A) Has tank storage capacity not exceeding
20,000 gallons in any single storage tank or tank compartment; and
(B) Has a total useable tank storage capacity
not exceeding 75,000 gallons.
(s)
(11)
"Small Marine Fueling Facility" means either of the following:
(A) A mobile transfer unit, or
(B) A fixed facility that is not a marine
terminal, which dispenses primarily non-persistent oil, and may dispense small
amounts of persistent oil, primarily to small craft, and meets all of the
following criteria:
1. Has tank storage
capacity greater than 20,000 gallons but not exceeding 40,000 gallons in any
single storage tank or storage tank compartment;
2. Has total usable tank storage capacity not
exceeding 75,000 gallons; and
3.
Had an annual throughput volume of over-the-water transfer of oil that did not
exceed 3,000,000 gallons during the most recent preceding 12-month
period.
(s)
(12)
"Small Vessel" see "Small Craft."
(s)
(13)
"Spill" or "discharge" or "oil spill" means any release of oil which impacts
waters of the state that is not authorized by a federal, state, or local
governmental entity.
(s)
(14) "Spill Management Team," commonly
referred to as SMT or incident management team, means personnel and associated
equipment that staff the organizational structure for managing some or all
aspects of response, containment, and cleanup of a spill, utilizing an incident
command or unified command structure.
(s)
(15)
"Staff" means the Administrator or any personnel within the Office of Spill
Prevention and Response or the California Department of Fish and Wildlife
authorized to act on behalf of the Administrator.
(s)
(16)
"State Fiscal Year" see "Fiscal Year."
(s)
(17)
"State Liaison Officer" means that person responsible for the coordination of
information between the state on-scene coordinator or federal on-scene
coordinator and other state and local government representatives. The state
liaison officer is a function within the incident command
system.
(s)
(18) "State On-Scene Coordinator," commonly
referred to as SOSC, means a representative of the Administrator who implements
the Administrator's authority for managing an oil spill, consistent with the
standardized emergency management system required by section
8607 of
the Government Code.
(s)
(19) "State Waters" see "Waters of the
State."
(s)
(20) "Static Bollard Pull" see "Bollard
Pull."
(s)
(21) "Supply Chain of Oil" means oil
exploration, oil well drilling operations, oil production, oil refining, oil
storage, oil gathering, oil processing, oil transfer, oil distribution, or oil
transportation associated with producing oil and delivering processed or
refined oil to an end user. An end user is a person that is not part of the
supply chain, who receives the oil to ultimately use or consume the oil and not
to resell or redistribute the oil.
(s)
(22)
"Systems Approach" means an assessment of the infrastructure and the support
resources that an oil spill response organization must have to mobilize,
transport, deploy, sustain, and support the equipment resources necessary for
the level of response for which it is rated.
(t)
(1)
"Tabletop Exercise" or "Exercise" means an exercise of an oil spill contingency
plan and the spill management response efforts without the actual deployment of
response equipment. A tabletop exercise usually involves discussion and
roleplaying within an incident command for response to a simulated
spill.
(t)
(2) "Tank Barge" see
"Barge."
(t)
(3) "Tank Ship" see
"Tanker."
(t)
(4) "Tank Vessel" means any tanker or tank
barge that carries oil in commercial quantities as cargo.
(t)
(5)
"Tanker" means any self-propelled, waterborne vessel, constructed or adapted to
transport oil in bulk or in commercial quantities as cargo.
(t)
(6)
"Terminal" see "Marine Terminal."
(t)
(7)
"Tractor Tug" means a tug which is propelled by blades or screws which may be
manipulated or rotated to provide propulsive thrust to any part of a 360 degree
arc relative to the keel or longitudinal axis of the tug.
(t)
(8)
"Transmission Pipeline" means a pipeline used to transport oil or petroleum
products that is located on the downstream side of a lease automatic custody
transfer unit (LACT unit) or other custody transfer location. A transmission
pipeline does not include piping within a production facility or an in-plant
pipeline system.
(t)
(9) "Transporting Oil in Bulk" see "Oil in
Bulk."
(t)
(10) "Tug" or "Tug Escort" see "Escort
Tug."
(u)
(1) "Unannounced Drill" or "Unannounced
Exercise" means an equipment deployment drill or tabletop exercise of an oil
spill contingency plan or an oil spill response organization, initiated by the
Office of Spill Prevention and Response without prior notice to the plan holder
or oil spill response organization.
(u)
(2)
"Unified Command" means the federal on-scene coordinator, the state on-scene
coordinator, and a representative of the responsible party, if designated, who
collectively manage a spill and agree upon an incident command
system.
(v)
(1) "Vessel" means any watercraft or ship of
any kind, including every structure adapted to be navigated from place to place
for the transportation of merchandise or persons.
(v)
(2)
"Vessel Carrying Oil as Secondary Cargo" means any vessel that does not carry
oil as a primary cargo, but does carry oil in bulk as
cargo.
(v)
(3) "Vessel of Opportunity" means any vessel
engaged in spill response activities that is otherwise not normally and
substantially involved in spill response activities.
(v)
(4)
"Vessel Traffic Service System," commonly referred to as VTS, means the system
authorized pursuant to 33 Code of Federal Regulations part 161, or Government
Code section
8670.21.
(w)
(1)
"Waters of the State" or "State Waters" means any surface water, including
saline waters, marine waters, and freshwaters, within the boundaries of the
state, but does not include groundwater.
(w)
(2)
"Working Capital," as defined by generally accepted accounting principles,
means current assets minus current liabilities.
(w)
(3)
"Working Days" means those days of the week that are not State of California or
federal holidays, weekends, or days that State of California offices are
ordered to be closed by the Governor.
Notes
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order including amendment of NOTE and amendment of subsections (c), (m)(2), (r)(1), (w)(1), (w)(2), (x)(2), (z), (aa), (ab), adoption of subsection (m)(3), redesignation of subsection (f) to subsection (d) and subsection relettering transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Editorial correction of HISTORY 2 (Register 95, No. 12).
5. Amendment of section and NOTE and subsection renumbering filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
6. Amendment of subsection (z) filed 6-23-95; operative 7-23-95 (Register 95, No. 25).
7. Change without regulatory effect renumbering former chapter 1 to chapter 2, renumbering and amending former section 790 to section 791, and adding new chapter 1 and section filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
8. Change without regulatory effect repealing subsections (g)(2)(D) and (g)(2)(E), subsection relettering, amending newly designated subsection (g)(2)(D), adding subsections (g)(2)(D)(1)-(2), amending subsections (m)(5), (s)(6) and (s)(6)(A), repealing subsection (s)(6)(C), and adding subsections (s)(7)-(s)(7)(B)(3) with subsection renumbering filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43).
9. Amendment of section and NOTE filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
10. Amendment of subsections (m)(1)(C)1. and (o)(2), new subsection (v)(2), subsection relettering, and amendment of NOTE filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
11. Amendment of subsections (f)(2)(A), (f)(2)(D), (m)(1)(B)1. and (p)(2)-(p)(2)(D) and amendment of NOTE filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
12. New subsections (a)(7) and (r)(2) and subsection relettering filed 7-28-98; operative 8-27-98 (Register 98, No. 31).
13. Amendment of subdivision 4 heading filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
14. Amendment of section and NOTE filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).
15. Amendment of subsection (n)(4) and amendment of NOTE filed 9-17-2001; operative 9-17-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 38).
16. Amendment of subsections (b)(9), (l)(4) and (m)(5), repealer of subsection (s)(2), subsection renumbering, amendment of newly designated subsections (s)(4), (s)(5), (s)(8) and (s)(9), repealer of subsections (t)(5) and (v)(3) and subsection renumbering filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
17. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
18. Amendment of subsection (a)(2), repealer of subsections (i)(1)-(i)(2), subsection renumbering, new subsection (i)(3), amendment of subsections (s)(10) and (s)(13), new subsection (u) and amendment of NOTE filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
19. New subsection (o)(6) filed 5-15-2009; operative 7-1-2009 (Register 2009, No. 20).
20. New subsection (w)(2) and amendment of NOTE filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
21. Repealer of subsections (a)(6), (e)(4) and (e)(5)(A)-B), subsection renumbering and amendment of newly designated subsection (e)(4) filed 7-12-2012; operative 8-11-2012 (Register 2012, No. 28).
22. Amendment of subsection (s)(4) filed 12-19-2013; operative 12-19-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).
23. Change without regulatory effect amending subsections (n)(3)-(n)(3)(B) and (s)(8)(B)(1) filed 4-7-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 15).
24. Amendment filed 11-14-2014; operative 1-1-2015 (Register 2014, No. 46).
25. New subsection (a)(4) and subsection renumbering filed 12-16-2014; operative 4-1-2015 (Register 2014, No. 51).
26. Amendment filed 9-3-2015 as an emergency; operative 9-3-2015. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2015, No. 36).
27. Amendment refiled 9-1-2016 as an emergency; operative 9-1-2016. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2016, No. 36).
28. Editorial correction providing correct placement of subsections (o)(12)(A)-(B) (Register 2017, No. 24).
29. Amendment refiled 8-7-2017 as an emergency; operative 8-7-2017 (Register 2017, No. 32). Submitted to OAL for filing and printing only pursuant to Government Code section 8670.7.5, as deemed emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier.
30. Amendment refiled 7-30-2018 as an emergency; operative 7-30-2018. Submitted to OAL for filing and printing only pursuant to Government Code section 8670.7.5, as a deemed emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2018, No. 31).
31. Certificate of Compliance as to 7-30-2018 order, including amendment of section and NOTE, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).
32. New subsections (a)(5), (a)(8)(A)-(F), (c)(2), (c)(11), (i)(3) and (i)(5), repealer of subsections (c)(5), (c)(10) and (g)(2)(A)-(F), subsection relettering, amendment of newly designated subsections (a)(8), (c)(10)(A) and (c)(10)(B) and subsections (g)(2), (i)(2) and (q)(1)(A) and amendment of NOTE filed 12-28-2021; operative 4-1-2022 (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive order N-71-20. Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)
33. Amendment of chapter heading filed 7-5-2022; operative 10-1-2022 (Register 2022, No. 27).
34. New subsection (n)(3), subsection renumbering, amendment of newly designated subsections (n)(4)-(n)(4)(B) and subsection (p)(1)(D) filed 11-28-2022; operative 1-1-2023 (Register 2022, No. 48).
Note: Authority cited: Sections 8670.7.5, 8670.13.1, 8670.13.2, 8670.17.2, 8670.23.1, 8670.28, 8670.29 and 8670.35, Government Code. Reference: Sections 8670.3, 8670.7, 8670.13, 8670.13.2, 8670.17.2, 8670.21, 8670.23.1, 8670.28, 8670.29, 8670.31, 8670.32 and 8670.35, Government Code.
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order including amendment of Note and amendment of subsections (c), (m)(2), (r)(1), (w)(1), (w)(2), (x)(2), (z), (aa), (ab), adoption of subsection (m)(3), redesignation of subsection (f) to subsection (d) and subsection relettering transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Editorial correction of History 2 (Register 95, No. 12).
5. Amendment of section and Note and subsection renumbering filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
6. Amendment of subsection (z) filed 6-23-95; operative 7-23-95 (Register 95, No. 25).
7. Change without regulatory effect renumbering former chapter 1 to chapter 2, renumbering and amending former section 790 to section 791, and adding new chapter 1 and section filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
8. Change without regulatory effect repealing subsections (g)(2)(D) and (g)(2)(E), subsection relettering, amending newly designated subsection (g)(2)(D), adding subsections (g)(2)(D)(1)-(2), amending subsections (m)(5), (s)(6) and (s)(6)(A), repealing subsection (s)(6)(C), and adding subsections (s)(7)-(s)(7)(B)(3) with subsection renumbering filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43).
9. Amendment of section and Note filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
10. Amendment of subsections (m)(1)(C)1. and (o)(2), new subsection (v)(2), subsection relettering, and amendment of Note filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
11. Amendment of subsections (f)(2)(A), (f)(2)(D), (m)(1)(B)1. and (p)(2)-(p)(2)(D) and amendment of Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
12. New subsections (a)(7) and (r)(2) and subsection relettering filed 7-28-98; operative 8-27-98 (Register 98, No. 31).
13. Amendment of subdivision 4 heading filed 8-19-98; operative 9-18-98 (Register 98, No. 34).
14. Amendment of section and Note filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).
15. Amendment of subsection (n)(4) and amendment of Note filed 9-17-2001; operative 9-17-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 38).
16. Amendment of subsections (b)(9), (l)(4) and (m)(5), repealer of subsection (s)(2), subsection renumbering, amendment of newly designated subsections (s)(4), (s)(5), (s)(8) and (s)(9), repealer of subsections (t)(5) and (v)(3) and subsection renumbering filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).
17. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
18. Amendment of subsection (a)(2), repealer of subsections (i)(1)-(i)(2), subsection renumbering, new subsection (i)(3), amendment of subsections (s)(10) and (s)(13), new subsection (u) and amendment of Note filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
19. New subsection (o)(6) filed 5-15-2009; operative 7-1-2009 (Register 2009, No. 20).
20. New subsection (w)(2) and amendment of Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
21. Repealer of subsections (a)(6), (e)(4) and (e)(5)(A)-B), subsection renumbering and amendment of newly designated subsection (e)(4) filed 7-12-2012; operative 8-11-2012 (Register 2012, No. 28).
22. Amendment of subsection (s)(4) filed 12-19-2013; operative 12-19-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).
23. Change without regulatory effect amending subsections (n)(3)-(n)(3)(B) and (s)(8)(B)(1) filed 4-7-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 15).
24. Amendment filed 11-14-2014; operative 1-1-2015 (Register 2014, No. 46).
25. New subsection (a)(4) and subsection renumbering filed 12-16-2014; operative
26. Amendment filed 9-3-2015 as an emergency; operative 9-3-2015. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2015, No. 36).
27. Amendment refiled 9-1-2016 as an emergency; operative 9-1-2016. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2016, No. 36).
28. Editorial correction providing correct placement of subsections (o)(12)(A)-(B) (Register 2017, No. 24).
29. Amendment refiled 8-7-2017 as an emergency; operative 8-7-2017 (Register 2017, No. 32). Submitted to OAL for filing and printing only pursuant to Government Code section 8670.7.5, as deemed emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier.
30. Amendment refiled 7-30-2018 as an emergency; operative
31. Certificate of Compliance as to 7-30-2018 order, including amendment of section and Note, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective
32. New subsections (a)(5), (a)(8)(A)-(F), (c)(2), (c)(11), (i)(3) and (i)(5), repealer of subsections (c)(5), (c)(10) and (g)(2)(A)-(F), subsection relettering, amendment of newly designated subsections (a)(8), (c)(10)(A) and (c)(10)(B) and subsections (g)(2), (i)(2) and (q)(1)(A) and amendment of Note filed 12-28-2021; operative
33. Amendment of chapter heading filed 7-5-2022; operative 10-1-2022 (Register 2022, No. 27).
34. New subsection (n)(3), subsection renumbering, amendment of newly designated subsections (n)(4)-(n)(4)(B) and subsection (p)(1)(D) filed 11-28-2022; operative
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