Cal. Code Regs. Tit. 19, § 2708 - In-Kind Contributions

(a) In order to request the refund for an in-kind contribution made during the preceding calendar year, an owner must submit a written request to the director between March 1 and March 31 inclusive of each calendar year. This request must include documentation relating to the full payment of the fee, the railroad operator's account number, a detailed description and suggested monetary value of the in-kind contribution it provided, and a statement signed under penalty of perjury by the railroad operator that the fee was paid to the board and that the railroad operator will not request a refund of the fees for which the owner is seeking reimbursement.
(b) Types of in-kind contributions that may be considered include, without limitation, rail cars retrofitted for hazardous material training, incident management software, and response training directly related to hazardous material commodities transported in and through California. The director, in his or her sole discretion, may approve or deny the request for an in-kind contribution, or any portion thereof.
(c) Should an in-kind contribution be approved, the director will notify the owner and board of the amount to be refunded. Should an in-kind contribution be denied, the director will notify only the owner.
(d) Should an in-kind contribution be approved, the monetary value will be included in the amount the director has the authority to collect. The monetary value is assessed at the lower of cost or the fair market value.

Notes

Cal. Code Regs. Tit. 19, § 2708
1. New section filed 6-20-2016 as an emergency; operative 6-20-2016 (Register 2016, No. 26). Pursuant to Government Code section 8574.44, subdivision (c), this emergency regulation shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed by the director of the Office of Emergency Services.

Note: Authority cited: Sections 8574.32(a)(1) and 8574.44(c), Government Code. Reference: Sections 8574.32(f) and 8574.44(g)(1)-(3), Government Code.

1. New section filed 6-20-2016 as an emergency; operative 6-20-2016 (Register 2016, No. 26). Pursuant to Government Code section 8574.44, subdivision (c), this emergency regulation shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed by the director of the Office of Emergency Services.

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