Cal. Code Regs. Tit. 19, § 2700 - Definitions

Any term not defined in this section shall be deemed to have the same meaning as set forth in Government Code section 8574.30. For the purpose of this chapter:

(a) "Calendar year" means the period of time from January 1 to December 31.

(b) "Consignee" as used in Government Code section 8574.30(f) means the person named in a bill or in transportation documents to whom or to whose order the bill promises delivery.

(c) "Consignor" as used in Government Code section 8574.30(f) means the person who delivers a consignee's hazardous material commodity to a railroad for transporting it to a consignee named in the transportation documents.

(d) "Intermodal cargo containers" means containers used to transport freight during a continuous movement whereby two or more modes of transportation are used, for example, railroad, vehicle, or vessel.

(e) "Payor of freight" means the person responsible for paying the cost of transporting the hazardous material commodities by rail car.

(f) "Residue" means the hazardous material remaining in a packaging, including a tank car, after its contents have been unloaded to the maximum extent practicable and before the packaging is either refilled or cleaned of hazardous material and purged to remove any hazardous vapors.

(g) "Right to use" as used in Government Code section 8574.30(f) means the authority to take, hold, or deploy the hazardous material commodity.

(h) "Route" is the path on which the train or rail car operates.

(i) "Short line" means an intrastate railroad and is considered a railroad as defined in Government Code section 8574.30(h).

(j) "Shipper" as used in Government Code section 8574.30(f) means the person who contracts with or is the payor of freight with respect to a railroad for the transportation of a hazardous material commodity.

(k) "Ultimate control over" as used in Government Code section 8574.30(f) means the person who has the authority to ship or retrieve the hazardous material commodity that is subject to the fee.

Notes

Cal. Code Regs. Tit. 19, § 2700

1. New chapter 4.1, article 1 (sections 2700-2713) and section filed 6-20-2016 as an emergency; operative 6-20-2016 (Register 2016, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-19-2016 or emergency language will be repealed by operation of law on the following day.

Note: Authority cited: 8574.32(a)(1), Government Code. Reference: Sections 8574.30(f), 8574.30(h) and 8574.32(b)(1)-(4), Government Code.

1. New chapter 4.1, article 1 (sections 2700-2713 ) and section filed 6-20-2016 as an emergency; operative 6-20-2016 (Register 2016, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-19-2016 or emergency language will be repealed by operation of law on the following day.