Health and Safety Code — Part 65 | HSC — United States — California law | Esheria

Health and Safety Code

Part 65 of 87 · provisions 12,801–13,000

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 38012.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 2. Contract Authority [38010 - 38015] ( Chapter 2 added by Stats. 1980, Ch. 990. )

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    The Department of General Services must review and approve contracts under the Public Contract Code process named in this section.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 2. Contract Authority [38010 - 38015] ( Chapter 2 added by Stats. 1980, Ch. 990. ) ## 38012. The Department of General Services shall review and approve contracts in accordance with Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. (Amended by Stats. 2006, Ch. 538, Sec. 397. Effective January 1, 2007.)
  2. 38013.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 2. Contract Authority [38010 - 38015] ( Chapter 2 added by Stats. 1980, Ch. 990. )

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    The Department of Finance must review and approve contracts under the rules in Public Contract Code Section 10336.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 2. Contract Authority [38010 - 38015] ( Chapter 2 added by Stats. 1980, Ch. 990. ) ## 38013. The Department of Finance shall review and approve contracts in accordance with the provisions of Section 10336 of the Public Contract Code. (Amended by Stats. 1983, Ch. 1231, Sec. 3. Effective September 30, 1983.)
  3. 38014.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 2. Contract Authority [38010 - 38015] ( Chapter 2 added by Stats. 1980, Ch. 990. )

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    The Controller must approve payments that are based on the provisions of approved contracts.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 2. Contract Authority [38010 - 38015] ( Chapter 2 added by Stats. 1980, Ch. 990. ) ## 38014. The Controller shall approve payments based on the provisions of approved contracts. (Added by Stats. 1980, Ch. 990.)
  4. 38015.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 2. Contract Authority [38010 - 38015] ( Chapter 2 added by Stats. 1980, Ch. 990. )

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    The State Department of Social Services may advance up to 90% of certain federal emergency food and shelter funds to counties or local United Way organizations with department contracts, and any interest earned on those funds must be used for emergency food and shelter services.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 2. Contract Authority [38010 - 38015] ( Chapter 2 added by Stats. 1980, Ch. 990. ) ## 38015. The State Department of Social Services may advance up to 90 percent of any federal emergency food and shelter funds under Public Law 98-8 which the state appropriates to the department, to counties or local United Way organizations which have contracts with the department for the purpose of providing emergency food and shelter services. Any interest earned on any funds received pursuant to this section by a county, a United Way organization, or the department shall be used for the purpose of emergency food and shelter services. (Added by Stats. 1983, Ch. 883, Sec. 1. Effective September 19, 1983.)
  5. 38020.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 3. Contract Approval Process [38020 - 38021] ( Chapter 3 added by Stats. 1980, Ch. 990. )

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    Departments under the Health and Welfare Agency may enter direct service contracts before July 1 of a fiscal year, but the contracts are only valid if enough funds are provided.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 3. Contract Approval Process [38020 - 38021] ( Chapter 3 added by Stats. 1980, Ch. 990. ) ## 38020. (a) All departments under the Health and Welfare Agency may write and execute direct service contracts prior to July 1 of any fiscal year for the mutual benefit of both parties in order to avoid program and fiscal delay which could occur if the contracts were executed after July 1. Such contracts are valid and enforceable only if sufficient funds are made available by the Budget Act of the appropriate contract year. In addition, contracts may be subject to such additional restrictions, limitations, or conditions as enacted by the Legislature and contained in the Budget Bill or any statute enacted by the Legislature. If the Budget Act does not appropriate sufficient funds for the program, such contracts shall be invalid and of no further force and effect. In this event, the state shall have no liability to pay any funds whatsoever to the contractor, or to furnish any other considerations under this contract and the contractor shall not be obligated to perform any provisions of this contract. (b) As used in this act “direct service contract” means a contract for services contained in local assistance or subvention programs, or both. (Added by Stats. 1980, Ch. 990.)
  6. 38021.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 3. Contract Approval Process [38020 - 38021] ( Chapter 3 added by Stats. 1980, Ch. 990. )

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    If a direct service contract renewal is delayed for reasons not caused by the contractor, the administrative department may ask for a simple 90-day extension and give the contractor the notices and forms needed to bill for up to 90 days.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 3. Contract Approval Process [38020 - 38021] ( Chapter 3 added by Stats. 1980, Ch. 990. ) ## 38021. If the renewal of a direct service contract is not approved in a timely manner through no fault of the contractor, the administrative department may request a simple 90-day extension of the existing approved contract pending final approval of the contract renewal and provide notification and the information and forms necessary for the agency contractor to bill for up to 90 days pursuant to this section. (Added by Stats. 1980, Ch. 990.)
  7. 38030.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. )

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    Each department under the Health and Welfare Agency must identify programs that have more than $250,000 in direct service contracts in total and more than five direct service contracts per year.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. ) ## 38030. Each department under the Health and Welfare Agency shall identify each program (1) within which direct service contracts are awarded totaling in the aggregate contract amount of more than two hundred fifty thousand dollars ($250,000), and (2) which awards more than five direct service contracts per year. For the purposes of this chapter, “direct service contracts” shall not include contracts, grants, or subventions to other governmental agencies or units of government nor contracts with regional centers or area agencies on aging. (Added by Stats. 1981, Ch. 794.)
  8. 38031.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. )

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    Each department must prepare an annual public calendar for each applicable program and keep it updated at least once a year.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. ) ## 38031. For each program identified pursuant to Section 38030, each department shall develop an annual calendar identifying target dates for requests for proposal, contract bid deadlines, contract award announcements, contract approvals, and contract evaluations. Where funding or funding levels for a program are uncertain or subject to delays beyond the control of the program, the calendar shall so indicate and shall specify a range of dates within which final decisions on funding availability are likely to be made. Each such calendar shall be available to the public and shall be updated at least annually. (Added by Stats. 1981, Ch. 794.)
  9. 38032.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. )

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    Each department must create and keep a central distribution list for requests for proposal for each program covered by Section 38030.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. ) ## 38032. For each program identified pursuant to Section 38030, each department shall develop and maintain a central distribution list for requests for proposal. Such lists shall contain a statement of the basis for making additions to the list and any affirmative action policies pertinent to the program’s contracting practices. (Added by Stats. 1981, Ch. 794.)
  10. 38033.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. )

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    Each request for proposal must include specified program, service, evaluation, bid-review, and minimum performance information.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. ) ## 38033. Each request for proposal shall contain, but not be limited to, the following information: the goals and objectives of the entire program, identification of the specific minimum range of services to be purchased related to those goals, quantitative as well as qualitative measures which will be used by the department to evaluate service outcomes, specific criteria and a description of the methodology and timetable which will be followed to review and approve bids, and all minimum performance standards any agency must meet prior to direct service contract approval. (Added by Stats. 1981, Ch. 794.)
  11. 38034.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. )

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    Each department must identify key contract-procedure details for each program, and bidders must receive the required information in writing.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. ) ## 38034. For each program identified pursuant to Section 38030, each department shall identify the following steps: time estimated for each step; specific staff names, office addresses, and telephone numbers for those responsible for each step; and legal requirements and signatory approvals required prior to final approval of any contract. Any conditions for advance or interim payments shall also be identified. All bidders shall receive, in writing, all information required pursuant to this section. (Added by Stats. 1981, Ch. 794.)
  12. 38035.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. )

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    Each department must provide direct service contract agencies with required forms and related contract information before final approval.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. ) ## 38035. For each program identified pursuant to Section 38030, each department shall identify and transmit to all agencies awarded direct service contracts forms required for contract payments, management information or reports required pursuant to contract objectives, and conditions and methods for contract evaluations. Methods and conditions for payment recoveries, withholding of payments, and contract terminations relating to nonperformance shall also be identified. This information shall be made available to each agency awarded a direct service contract prior to final approval of the contract. (Added by Stats. 1981, Ch. 794.)
  13. 38036.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. )

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    Each department under the Health and Welfare Agency must develop a grievance procedure for disputes about awarding or administering direct service contracts.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. ) ## 38036. Each department under the Health and Welfare Agency shall develop a grievance procedure for resolving disputes arising from the awarding or administering of direct service contracts. (Added by Stats. 1981, Ch. 794.)
  14. 38037.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. )

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    Departments under the Health and Welfare Agency must prepare an implementation schedule and send it to specified legislative research bodies within 90 days after the chapter takes effect.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 4. Direct Service Contract Procedure [38030 - 38037] ( Chapter 4 added by Stats. 1981, Ch. 794. ) ## 38037. Pursuant to Section 38030 through Section 38035, inclusive, all departments under the Health and Welfare Agency shall prepare an implementation schedule to develop the information required pursuant to this chapter. These schedules shall be transmitted within 90 days after the effective date of this chapter to the Joint Legislative Budget Committee and the Assembly and Senate Offices of Research for their review. The implementation schedule shall cover the period of one year from the effective date of this chapter. (Added by Stats. 1981, Ch. 794.)
  15. 38040.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 5. Direct Service Contract Audit Requirements [38040 - 38041] ( Chapter 5 added by Stats. 1982, Ch. 1462, Sec. 3. )

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    This section defines key terms used in this chapter, including audit terms, accountants, direct service contracts, and nonprofit organizations.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 5. Direct Service Contract Audit Requirements [38040 - 38041] ( Chapter 5 added by Stats. 1982, Ch. 1462, Sec. 3. ) ## 38040. As used in this chapter: (a) “Financial and compliance audit” means a systematic review or appraisal to determine each of the following: (1) Whether the financial statements of an audited organization fairly present the financial position and the results of financial operations in accordance with generally accepted accounting principles. (2) Whether the organization has complied with laws and regulations that may have a material effect upon the financial statements. (b) “Public accountants” means certified public accountants, or state licensed public accountants. (c) “Independent auditors” means public accountants who have no direct or indirect relationship with the functions or activities being audited or with the business conducted by any of the officials or contractors being audited. (d) “Generally accepted auditing standards” means the auditing standards set forth in the financial and compliance element of the “Standards for Audit of Governmental Organizations, Programs, Activities, and Functions” issued by the Comptroller General of the United States and incorporating the audit standards of the American Institute of Certified Public Accountants. (e) “Direct service contract” means any contract provided by a state agency pursuant to Chapter 4 (commencing with Section 38030). (f) “Nonprofit organization” means an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under Section 501(a) of that code or any nonprofit, scientific or educational organization qualified under Section 23701d of the Revenue and Taxation Code. (Amended by Stats. 2003, Ch. 185, Sec. 4. Effective January 1, 2004.)
  16. 38041.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 5. Direct Service Contract Audit Requirements [38040 - 38041] ( Chapter 5 added by Stats. 1982, Ch. 1462, Sec. 3. )

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    Nonprofit contractors with the state must get an annual independent financial and compliance audit, unless they receive under $25,000 a year from a state agency and no fraud or state-law violation is shown.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 5. Direct Service Contract Audit Requirements [38040 - 38041] ( Chapter 5 added by Stats. 1982, Ch. 1462, Sec. 3. ) ## 38041. (a) Annually, there shall be a single independent financial and compliance audit of nonprofit organizations that contract with the state under a direct service contract. Any such audit shall include an evaluation of the accounting and control systems of the direct service contractor and of the activities by the contractor to comply with the financial requirements of direct service contracts received by the contractor from the state agency. Audits carried out pursuant to this section shall be audits of the contractor, rather than audits of individual contracts or programs. In the case of any contractor that receives less than twenty-five thousand dollars ($25,000) per year from any state agency, the audit required by this section shall be conducted biennially, unless there is evidence of fraud or other violation of state law in connection with the direct service contract. The cost of such audit may be included in direct service contracts up to the proportionate amount that the contract represents of the contractor’s total revenue. (b) A nonprofit organization shall have responsibility for financial and compliance audits of the nonprofit organization and any subcontractors. The audits shall be made by independent auditors in accordance with generally accepted auditing standards. The audit shall be completed by the 15th day of the fifth month following the end of the contractor’s fiscal year. (c) (1) Nothing in this chapter limits the authority of state agencies to make audits of direct service contracts; provided, however, that if independent audits arranged for by direct service contractors meet generally accepted auditing standards state agencies shall rely on those audits and any additional audit work shall build upon the work already done. (2) The state is responsible for conducting, or contracting for the conduct of, contract performance audits which are not financial and compliance audits. (3) Nothing in this chapter limits the state’s responsibility or authority to enforce state law or regulations, procedures, or reporting requirements arising pursuant thereto. (Added by Stats. 1982, Ch. 1462, Sec. 3.)
  17. 38050.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 1. Legislative Intent and Policy [38050- 38050.] ( Chapter 1 added by Stats. 1982, Ch. 1373, Sec. 1. )

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    This section says disputes involving the Health and Welfare Agency and private nonprofit human service organizations should be handled through an informal dispute process, with a goal of resolving complaints within 60 days.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 1. Legislative Intent and Policy [38050- 38050.] ( Chapter 1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## 38050. The Legislature hereby finds that in a contractual relationship between the Health and Welfare Agency, its component departments, and private, nonprofit human service organizations: (a) Problems arise under cooperative agreements that end in disputes. (b) The intent between the disputing parties is to resolve their controversy through an informal dispute process. The parties should set a goal of no more than 60 days from receipt of a complaint to resolution. (c) If the parties reach an impasse, then there should be a logical intermediate appeal authority as the next level in the appeal process. (d) In California, there exists no process between informal dispute resolution and judicial review that is available to and can properly address controversies between the Health and Welfare Agency and human service organizations. (Added by Stats. 1982, Ch. 1373, Sec. 1.)
  18. 38055.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 2. Appeal Authority [38055 - 38057] ( Chapter 2 added by Stats. 1982, Ch. 1373, Sec. 1. )

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    A formal administrative appeal process must be established and made available to private nonprofit human service organizations seeking to resolve disputes tied to direct service contracts with the Health and Welfare Agency or a component department, except where Section 38030 applies.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 2. Appeal Authority [38055 - 38057] ( Chapter 2 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## 38055. A formal administrative appeal process shall be established and made available to all private, nonprofit human service organizations seeking resolution of any dispute arising out of a direct service contract with the Health and Welfare Agency or a component department of the agency, except as provided in Section 38030 of the Health and Safety Code. This division shall not apply to contracts entered into pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. (Added by Stats. 1982, Ch. 1373, Sec. 1.)
  19. 38056.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 2. Appeal Authority [38055 - 38057] ( Chapter 2 added by Stats. 1982, Ch. 1373, Sec. 1. )

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    This division prevails over any conflicting statutes.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 2. Appeal Authority [38055 - 38057] ( Chapter 2 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## 38056. Notwithstanding any other statutes to the contrary, this division shall prevail. (Added by Stats. 1982, Ch. 1373, Sec. 1.)
  20. 38057.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 2. Appeal Authority [38055 - 38057] ( Chapter 2 added by Stats. 1982, Ch. 1373, Sec. 1. )

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    The appeal authority is the Office of Administrative Hearings, which must handle hearings and proposed decisions, may delay or set aside related agency action, and may not hear an appeal until the contractor has tried the grievance procedure unless no such procedure was established.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 2. Appeal Authority [38055 - 38057] ( Chapter 2 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## 38057. The appeal authority shall be the Office of Administrative Hearings in the Department of General Services. The office is hereby charged with the responsibility to administer and conduct hearings, and to render proposed decisions about the matter in dispute. The appeal authority may delay or set aside a state agency or departmental action related to the appeal. The appeal authority shall provide flexibility in the appeal process, providing a range of review from the most formal to a level acceptable to both parties. An appeal pursuant to this division shall not be considered by the appeal authority until the direct service contractor has attempted to resolve the dispute through the grievance procedure established in accordance with Section 38036 of the Health and Safety Code. If the department or agency has failed to establish such a procedure, the appeal authority shall assume immediate jurisdiction over the dispute. (Added by Stats. 1982, Ch. 1373, Sec. 1.)
  21. 38060.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 3. Administrative Appeal Process [38060 - 38061] ( Chapter 3 added by Stats. 1982, Ch. 1373, Sec. 1. )

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    This section defines an administrative appeal process and sets rules for hearing procedures, disputed funds, and who pays the state’s share of costs.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 3. Administrative Appeal Process [38060 - 38061] ( Chapter 3 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## 38060. An administrative appeal process means a process established by a state agency or department which allows a nonprofit human service agency to seek review and resolution of some complaint about a specific action or inaction of a state agency. The hearings held pursuant to this division shall be conducted using current procedures presently established by the office. If the dispute is brought pursuant to subdivisions (d) through (g) of Section 38061 and it involves a sum of money more than ten thousand dollars ($10,000), the appeal authority, taking into account the cash flow problems of the parties, may require the party holding the disputed funds to place the amount under dispute in a special deposit fund to earn and be paid interest with such earnings to be distributed to the party who succeeds upon appeal. If the amount is less than ten thousand dollars ($10,000), it may be placed in such a special deposit fund with the approval of both parties. The appeal process shall include flexibility to modify procedures to accommodate the particular needs of a given case. The state’s portion of the cost of the appeal process shall be borne by the state agency or department which shall not include internal operating expenses of the Office of Administrative Hearings. (Added by Stats. 1982, Ch. 1373, Sec. 1.)
  22. 38061.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 3. Administrative Appeal Process [38060 - 38061] ( Chapter 3 added by Stats. 1982, Ch. 1373, Sec. 1. )

    Verify source ↗

    An appeal may be taken for listed contracting, funding, contract, payment, overpayment, or alleged-violation decisions.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 3. Administrative Appeal Process [38060 - 38061] ( Chapter 3 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## 38061. An appeal may be taken under the following circumstances. (a) Denial of a local contracting agency’s application for funding. (b) Denial of a local contracting agency’s application for expansion or startup funding. (c) Termination of a direct service contract. (d) Suspension of a direct service contract. (e) Denial of all or part of a direct service payment for services schedule. (f) Demand for remittance of an overpayment. (g) When allegations are asserted which, if true, would constitute a violation of a contract provision, or of federal or state law, regulations, or guidelines. Decisions made pursuant to subdivisions (a) and (b) shall be limited to a determination as to the procedural propriety of the decisionmaking process, including the reason stated in the decision. (Added by Stats. 1982, Ch. 1373, Sec. 1.)
  23. 38065.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 4. Implementation of Administrative Appeal Process [38065- 38065.] ( Chapter 4 added by Stats. 1982, Ch. 1373, Sec. 1. )

    Verify source ↗

    The Office of Administrative Hearings must adopt regulations for these hearings by December 31, 1983.

    ## Health and Safety Code - HSC ## DIVISION 25.1. HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES [38050 - 38065] ( Division 25.1 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## CHAPTER 4. Implementation of Administrative Appeal Process [38065- 38065.] ( Chapter 4 added by Stats. 1982, Ch. 1373, Sec. 1. ) ## 38065. The Office of Administrative Hearings shall, by December 31, 1983, adopt regulations governing the hearings, which shall include all the following: (a) Deadlines for filing petitions, commencing hearings and rendering decisions. (b) Notice to affected parties. (c) Hearings shall be conducted at the offices of the Office of Administrative Hearings in Los Angeles, Sacramento or San Francisco. (d) Any other issues deemed appropriate by the Office of Administrative Hearings. (Added by Stats. 1982, Ch. 1373, Sec. 1.)
  24. 38070.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    This section says the act is known as the State Department of Health Services Cooperative Agreement Act and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38070. This act shall be known and may be cited as the State Department of Health Services Cooperative Agreement Act. (Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
  25. 38071.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    This section states the purposes of the division: to simplify administration of public health programs, reduce administrative cost, and encourage state/local government units and nonprofit organizations to try new solutions to local public health problems.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38071. The purposes of this division are: (a) To simplify the administration of public health programs by the State Department of Health Services. (b) To reduce the administrative cost of public health programs to the department. (c) To encourage units of state and local government and nonprofit organizations to attempt bold new solutions to local public health problems. (Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
  26. 38072.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    This section defines “cooperative agreement” and “department” for this division.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38072. For purposes of this division, the following definitions shall apply: (a) “Cooperative agreement” means an agreement between the department and a unit of local government, any other unit of state government, or a nonprofit organization that provides for a contract under any of the following programs: (1) California AIDS Program (Chapter 2 (commencing with Section 120800) of Part 4 of Division 105). (2) Health of Seasonal Agricultural and Migratory Workers (Chapter 3 (commencing with Section 124550) of Part 4 of Division 106). (3) American Indian Health Services (Chapter 4 (commencing with Section 124575) of Part 4 of Division 106). (4) Rural Health Services Development (Chapter 5 (commencing with Section 124600) of Part 4 of Division 106). (5) Grants-In-Aid for Clinics (Article 1 (commencing with Section 124875) of Chapter 7 of Part 4 of Division 106). (6) Expanded Access to Primary Care (Article 2 (commencing with Section 124900) of Chapter 7 of Part 4 of Division 106). (7) Birth Defects Monitoring Program (Chapter 1 (commencing with Section 103825) of Part 2 of Division 102). (8) Maternal and child health programs, including, but not limited to, Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106 and as set forth in subdivision (c) of Section 27. (9) Special Supplemental Food Program for Women, Infants, and Children (Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106). (10) Perinatal Health Care (Article 4 (commencing with Section 123550) of Chapter 2 of Part 2 of Division 106). (11) Family planning services (Section 14503 of the Welfare and Institutions Code). (12) Hereditary Disorders Programs (subdivision (b) of Section 27). (13) Other public health programs for the protection, preservation, and advancement of public health authorized pursuant to Section 100185 or pursuant to an annual Budget Act provision. (b) “Department” means the State Department of Health Services. (Amended by Stats. 1996, Ch. 1023, Sec. 299. Effective September 29, 1996.)
  27. 38073.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    The department must comply with several specified sections and cross-referenced grievance and appeal provisions.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38073. The department shall comply with Sections 38030, 38031, 38032, 38035, and 38036, Chapter 3 (commencing with Section 38020) and Chapter 5 (commencing with Section 38040) of Division 25, and the grievance and appeal provisions set forth in Section 38036, Division 25.1 (commencing with Section 38050), and Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
  28. 38074.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    The department must procure cooperative agreements through a request for application or request for proposal, unless a listed exception applies.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38074. (a) Cooperative agreements shall be procured by means of a request for application or a request for proposal, whichever is applicable, as determined by the department. (b) A procurement by a request for application is one where the department has funds, regardless of the source, that it seeks to distribute to those entities or organizations specified in Section 38072, that meet the criteria and standards stated in the request for application. A distinguishing feature of a request for application is that, unlike a request for proposal, a request for application is a request where multiple awards are to be made based on the information provided in the application and evaluated against the methodology and criteria specified in the request for application. (c) All request for proposal cooperative agreement awards shall comply with the requirements of Section 10344 of the Public Contract Code. (d) A cooperative agreement shall be for a period of up to three years. (e) A cooperative agreement for a one-year period may provide for up to two annual extensions. (f) A cooperative agreement may be procured without a request for application or a request for proposal under any of the following circumstances: (1) If the amount of the cooperative agreement is less than fifty thousand dollars ($50,000) annually. A nonprofit organization shall receive only one of these awards during each fiscal year. (2) If the amount of the cooperative agreement is less than two hundred thousand dollars ($200,000) a year and from a program that awards five or fewer grants per year. (3) If the department is awarding a cooperative agreement under the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to an entity or organization that currently has an executed agreement with the specific WIC local agency. A cooperative agreement described in this paragraph may be awarded by means of subvention. Cooperative agreements for new or additional WIC local agencies shall be procured by means of a process that complies with applicable federal and state laws and the department’s state plan for operation of WIC. (Amended by Stats. 2021, Ch. 143, Sec. 16. (AB 133) Effective July 27, 2021.)
  29. 38075.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    The department may, at its discretion, enter into one cooperative agreement with one contractor.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38075. The department, at its discretion, may enter into a single cooperative agreement with a single contractor based upon the contractor’s applications submitted in response to requests for application from several programs. (Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
  30. 38076.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    Program staff must prepare proposals and applications, decide awards, and monitor recipients when administering cooperative agreements.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38076. In administering cooperative agreements, the program staff shall prepare all requests for proposals and requests for applications, evaluate the proposals and applications received, make the awards, and monitor progress of recipients of awards. (Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
  31. 38077.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    The department must use only specified payment systems for cooperative agreements, and if it uses allowable costs it must include a line-item budget. Parties may propose written scope-of-work revisions, and the department must notify the contractor in writing within 30 calendar days; otherwise the revisions are deemed approved.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38077. (a) The department shall use only one or more of the following payments systems for cooperative agreements: (1) Allowable costs up to a maximum amount. (2) Fixed payment per unit of service. (3) Fixed monthly payment. (4) Fixed price agreement. (b) If the allowable cost payment system is used, the cooperative agreement shall contain a line item budget for the cooperative agreement project, and both of the following shall apply: (1) Except as required by other funding sources, including, but not limited to, the federal government or private foundations, the line item budget shall specify aggregate costs for the following and no other categories: (A) Personnel, including, but not limited to, salary, wages, and fringe benefits. (B) Operating expenses, other than personnel, including, but not limited to, rent, depreciation, use allowance, supplies, utilities, and other operating costs. (C) Capital expenditures to be paid for by the cooperative agreement. (D) Other costs as specified in the agreement. (E) A fixed indirect cost amount or rate. (2) A nonprofit organization or unit of state or local government that is a party with the department in a cooperative agreement may propose, in writing, scope of work revisions or changes. The contractor shall be notified in writing within 30 calendar days when proposed revisions are approved or disapproved by the department. If written notification does not occur within this time period, the proposed revisions or changes shall be deemed approved. (Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
  32. 38077.3.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    The department must develop uniform cooperative agreement formats with standardized agreement language, with affected parties involved, and it cannot make unilateral changes to that language without public comment.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38077.3. (a) The department shall develop uniform cooperative agreement formats containing standardized agreement language. Each uniform format shall be developed with the participation of the affected parties. The purpose of the uniform formats shall be to consolidate and simplify administrative and programmatic requirements, maintain systemwide consistency, develop procedures that promote ease of use by clients, streamline processes, eliminate unnecessary paperwork, and ensure fiscal accountability. Uniform formats shall be outcome oriented and conducive to the business and operational needs of all parties to the extent practical. (b) For purposes of this section “standardized agreement language” means language that constitutes terms and conditions of performance necessitated by sound contract management and compliance practices, including, but not limited to, payment and invoicing systems and procedures, record management requirements, and programmatic reporting requirements. Excluded from this definition are scopes of work, line item budgets, funding related provisions, preprinted generic exhibits, and cancellation or amendment clauses. (c) The department may form working groups including representatives of all affected parties to implement this section. (d) After finalization of uniform cooperative agreement formats, no unilateral change to standardized agreement language may be implemented without making the changes available for public comment. These changes include changes caused by programmatic decisions, control agency requirements, and administrative needs. (e) Nothing in this section shall be construed to prevent or delay changes necessitated by state or federal statute or regulations. (Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
  33. 38078.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    For cooperative agreements, the department or contractor may end the agreement with at least 30 days’ written notice, and the department may reject certain future requests if prior requirements were not met. State or local government organizations must return funds if they fail to comply with the agreement.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38078. All of the following shall apply to cooperative agreements: (a) The department or contractor may terminate, upon a minimum of 30 days written notice, any cooperative agreement. (b) The department may reject a request for proposal or a request for application response based on an entity’s or organization’s failure to comply with contracted requirements in prior contracts or cooperative agreements with the department. (c) The organization or unit of state and local government shall be liable to return any funds for failure to comply with the requirements of the cooperative agreement. (Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
  34. 38078.5.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    This section exempts certain cooperative agreements under a $50,000 purchase cap, requires some agreements to use existing or compliant procurement systems, and lets the Director of General Services grant exemptions in some cases.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38078.5. (a) A cooperative agreement involving the purchase of electronic data processing hardware, software, or services, or telecommunication goods and services, up to a purchase amount of fifty thousand dollars ($50,000), shall be exempt from Chapter 3 (commencing with Section 12100) and Chapter 3.5 (commencing with Section 12120) of Part 2 of Division 2 of the Public Contract Code, and from Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code. (b) A cooperative agreement with a unit of local or state government that requires the purchase of capital equipment shall utilize the contractor’s existing procurement systems for the purchase of equipment. (c) A cooperative agreement with a nonprofit organization that provides for capital expenditures as part of a line item budget shall utilize a procurement system for the purchase of equipment under a cooperative agreement that meets the following standards: (1) The nonprofit organization shall maintain a code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in awarding procurement contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a procurement contract in which, to his or her knowledge, he or she has a financial interest. (2) Procurements shall be conducted in a manner that provides, to the maximum extent practical, open and free competition. (3) Procurements shall be conducted in a manner that provides for all of the following: (A) Avoidance of the purchasing of unnecessary or duplicate items. (B) Solicitation for capital expenditures based upon a clear and accurate description of the technical requirements of the capital goods to be procured. (C) The taking of positive steps to utilize small, minority, women, or veteran owned businesses. (d) Notwithstanding subdivisions (a), (b), and (c), the Director of General Services may exempt from those requirements any purchases in excess of fifty thousand dollars ($50,000) annually of capital equipment, and electronic data processing and telecommunications goods and services made under a cooperative agreement for which, in his or her judgment, the exemption is appropriate and in the best interests of the state. Written notice of an exemption shall be given to the Controller. (e) Subdivision (a) shall become inoperative on June 30, 1997. (Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
  35. 38079.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    All cooperative agreements are subject to the late payment rules in Government Code Section 927.6. The department also has authority under Chapter 2 provisions when implementing this division, with an exception tied to clinics and a funding rule for the Clinic Revolving Fund.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38079. (a) All cooperative agreements, regardless of the size of the contracting nonprofit organization, are subject to the late payment provisions in Section 927.6 of the Government Code. (b) In implementing this division, the department shall have the authority of, and be subject to, the provisions set forth in Chapter 2 (commencing with Section 124475) of Part 4 of Division 106, except that those provisions apply to all cooperative agreements, not only those agreements with clinics. However, notwithstanding Section 124500, moneys in the Clinic Revolving Fund of the State Department of Health Services shall be used for purposes of this division only upon appropriation of funds by the Legislature for that purpose. (Amended by Stats. 2000, Ch. 776, Sec. 3. Effective September 27, 2000.)
  36. 38080.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    When the department awards a cooperative agreement, it may certify the award to the Controller and may present a payment claim, subject to the stated conditions and a 25% cap.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38080. When the department awards a cooperative agreement pursuant to Section 38074, prior to execution of the agreement, the department may do the following: (a) Certify to the Controller that a cooperative agreement has been awarded, the name of the organization or agency to which the award has been made, the amount approved by the department for funding the cooperative agreement, and any other information as may be required by the Controller. (b) Present a claim to the Controller for payment to the organization or agency, from an appropriation available for such purpose, of an amount not exceeding 25 percent of the funding approved for the cooperative agreement. (Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
  37. 38081.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

    Verify source ↗

    For covered Health and Safety Code contracts over $250,000, the department must include language allowing securities to replace withheld retention money, unless federal rules or policies forbid it.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38081. (a) Provisions shall be included in any invitation for bid or request for proposal issued and in any contract executed on or after January 1, 1996, in an amount that exceeds two hundred fifty thousand dollars ($250,000) by the State Department of Health Services, to permit the substitution of securities for any moneys withheld to ensure performance under a service or consulting service contract, provided that substitution of securities provisions shall not be required where federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the state department, or with a state or federally chartered bank in California as the escrow agent, who shall then pay the moneys to the contractor. Upon satisfactory completion of the contract, the securities shall be returned to the contractor. (b) Alternatively, the contractor may request and the state department shall make payment of retentions earned directly to the escrow agent at the expense of the contractor. At the expense of the contractor, the contractor may direct the investment of the payments into securities and the contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the contractor. Upon satisfactory completion of the contract, the contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the state department, pursuant to the terms of this section. The contractor shall pay to each subcontractor, not later than 20 days of receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure the performance of the contractor. (c) Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the contractor and the state department. The contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. Failure to include these provisions in bid and contract documents shall void any provisions for performance retentions in an affected contract. (Added by Stats. 1994, Ch. 635, Sec. 2. Effective January 1, 1995.)
  38. 38081.1.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. )

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    Cooperative agreements are generally subject to review and approval by the Department of General Services, with specified exemptions and special participation-goal exceptions.

    ## Health and Safety Code - HSC ## DIVISION 25.2. STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT [38070 - 38081.1] ( Division 25.2 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## CHAPTER 1. General Provisions [38070 - 38081.1] ( Chapter 1 added by Stats. 1993, Ch. 1033, Sec. 1. ) ## 38081.1. (a) Cooperative agreements shall be subject to review and approval by the Department of General Services pursuant to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, except as follows: (1) Changes in the scope of work approved under paragraph (2) of subdivision (b) of Section 38077. (2) For allowable cost agreements, changes in line item budgets of up to 15 percent of the annual total, not to exceed one hundred thousand dollars ($100,000), so long as the contract total does not increase or decrease. This maximum amount shall be assessed annually and automatically adjusted in accordance with cost-of-living indexes. (3) Agreements, and amendments to those agreements, under programs expressly exempted from the review and approval of the Department of General Services pursuant to statute, including, but not limited to, those exemptions granted prior to January 1, 1994. (b) (1) A nonprofit organization or governmental agency that is awarded a cooperative agreement shall not be subject to the minority and women business and disabled veterans participation goals set forth in Article 1.5 (commencing with Section 10115 of Chapter 1 of Part 2 of Division 2 of the Public Contract Code with respect to that portion of the cooperative agreement budget that is for personnel related costs of the cooperative agreement, as determined by the department. (2) A nonprofit organization or governmental agency that is awarded a cooperative agreement shall also be exempt from the participation goals described in paragraph (1) when the cooperative agreement meets any of the following criteria: (A) The amount of the cooperative agreement is one hundred thousand dollars ($100,000) or less annually. (B) In the case of a nonprofit organization, the nonprofit organization to be awarded the cooperative agreement has a board of directors of which at least 51 percent of the members are any combination of women, minorities, and disabled veterans. (C) Cooperative agreements that result from requests for application. (c) The Director of General Services may exempt from his or her approval or from approval of the department any cooperative agreements for which, in his or her judgment, the exemption is appropriate and in the best interests of the state. Written notice of an exemption shall be given to the Controller. (d) Subdivision (b) shall become inoperative on June 30, 1997. (Amended by Stats. 2002, Ch. 386, Sec. 6. Effective January 1, 2003.)
  39. 38500.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [38500 - 38510] ( Part 1 added by Stats. 2006, Ch. 488, Sec. 1. ) ## CHAPTER 1. Title of Division [38500- 38500.] ( Chapter 1 added by Stats. 2006, Ch. 488, Sec. 1. )

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    This division is known as the California Global Warming Solutions Act of 2006 and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [38500 - 38510] ( Part 1 added by Stats. 2006, Ch. 488, Sec. 1. ) ## CHAPTER 1. Title of Division [38500- 38500.] ( Chapter 1 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38500. This division shall be known, and may be cited, as the California Global Warming Solutions Act of 2006. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  40. 38505.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [38500 - 38510] ( Part 1 added by Stats. 2006, Ch. 488, Sec. 1. ) ## CHAPTER 3. Definitions [38505 - 38506] ( Chapter 3 added by Stats. 2006, Ch. 488, Sec. 1. )

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    This section defines key terms used in the division’s greenhouse-gas program.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [38500 - 38510] ( Part 1 added by Stats. 2006, Ch. 488, Sec. 1. ) ## CHAPTER 3. Definitions [38505 - 38506] ( Chapter 3 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38505. For the purposes of this division, the following terms have the following meanings: (a) “Allowance” means an authorization to emit, during a specified year, up to one ton of carbon dioxide equivalent. (b) “Alternative compliance mechanism” means an action undertaken by a greenhouse gas emission source that achieves the equivalent reduction of greenhouse gas emissions over the same time period as a direct emission reduction, and that is approved by the state board. “Alternative compliance mechanism” includes, but is not limited to, a flexible compliance schedule, alternative control technology, a process change, or a product substitution. (c) “Carbon dioxide equivalent” means the amount of carbon dioxide by weight that would produce the same global warming impact as a given weight of another greenhouse gas, based on the best available science, including from the Intergovernmental Panel on Climate Change. (d) “Cost-effective” or “cost-effectiveness” means the cost per unit of reduced emissions of greenhouse gases adjusted for its global warming potential. (e) “Direct emission reduction” means a greenhouse gas emission reduction action made by a greenhouse gas emission source at that source. (f) “Emissions reduction measure” means programs, measures, standards, and alternative compliance mechanisms authorized pursuant to this division, applicable to sources or categories of sources, that are designed to reduce emissions of greenhouse gases. (g) “Greenhouse gas” or “greenhouse gases” includes all of the following gases:(1) Carbon dioxide. (2) Methane. (3) Nitrous oxide. (4) Hydrofluorocarbons. (5) Perfluorocarbons. (6) Sulfur hexafluoride. (7) Nitrogen trifluoride. (h) “Greenhouse gas emissions limit” means an authorization, during a specified year, to emit up to a level of greenhouse gases specified by the state board, expressed in tons of carbon dioxide equivalents. (i) “Greenhouse gas emission source” or “source” means any source, or category of sources, of greenhouse gas emissions whose emissions are at a level of significance, as determined by the state board, that its participation in the program established under this division will enable the state board to effectively reduce greenhouse gas emissions and monitor compliance with the statewide greenhouse gas emissions limit. (j) “Leakage” means a reduction in emissions of greenhouse gases within the state that is offset by an increase in emissions of greenhouse gases outside the state. (k) “Market-based compliance mechanism” means either of the following: (1) A system of market-based declining annual aggregate emissions limitations for sources or categories of sources that emit greenhouse gases. (2) Greenhouse gas emissions exchanges, banking, credits, and other transactions, governed by rules and protocols established by the state board, that result in the same greenhouse gas emission reduction, over the same time period, as direct compliance with a greenhouse gas emission limit or emission reduction measure adopted by the state board pursuant to this division. (l) “State board” means the State Air Resources Board. (m) “Statewide greenhouse gas emissions” means the total annual emissions of greenhouse gases in the state, including all emissions of greenhouse gases from the generation of electricity delivered to and consumed in California, accounting for transmission and distribution line losses, whether the electricity is generated in state or imported. Statewide emissions shall be expressed in tons of carbon dioxide equivalents. (n) “Statewide greenhouse gas emissions limit” or “statewide emissions limit” means the maximum allowable level of statewide greenhouse gas emissions in 2020, as determined by the state board pursuant to Part 3 (commencing with Section 38550). (Amended by Stats. 2009, Ch. 331, Sec. 1. (SB 104) Effective January 1, 2010.)
  41. 38505.5.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [38500 - 38510] ( Part 1 added by Stats. 2006, Ch. 488, Sec. 1. ) ## CHAPTER 3. Definitions [38505 - 38506] ( Chapter 3 added by Stats. 2006, Ch. 488, Sec. 1. )

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    “District” means the same thing as in Section 39025. This section expires and is repealed on January 1, 2031.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [38500 - 38510] ( Part 1 added by Stats. 2006, Ch. 488, Sec. 1. ) ## CHAPTER 3. Definitions [38505 - 38506] ( Chapter 3 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38505.5. (a) “District” has the same meaning as in Section 39025. (b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by Stats. 2017, Ch. 135, Sec. 3. (AB 398) Effective July 25, 2017. Repealed as of January 1, 2031, by its own provisions.)
  42. 38506.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [38500 - 38510] ( Part 1 added by Stats. 2006, Ch. 488, Sec. 1. ) ## CHAPTER 3. Definitions [38505 - 38506] ( Chapter 3 added by Stats. 2006, Ch. 488, Sec. 1. )

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    This section defines “social costs” for this division as an estimate of economic damages from greenhouse gas emissions.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [38500 - 38510] ( Part 1 added by Stats. 2006, Ch. 488, Sec. 1. ) ## CHAPTER 3. Definitions [38505 - 38506] ( Chapter 3 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38506. For purposes of this division, “social costs” means an estimate of the economic damages, including, but not limited to, changes in net agricultural productivity; impacts to public health; climate adaptation impacts, such as property damages from increased flood risk; and changes in energy system costs, per metric ton of greenhouse gas emission per year. (Added by Stats. 2016, Ch. 250, Sec. 3. (AB 197) Effective January 1, 2017.)
  43. 38510.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [38500 - 38510] ( Part 1 added by Stats. 2006, Ch. 488, Sec. 1. ) ## CHAPTER 4. Role of State Board [38510- 38510.] ( Chapter 4 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The State Air Resources Board is responsible for monitoring and regulating greenhouse gas emission sources to help reduce greenhouse gas emissions.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [38500 - 38510] ( Part 1 added by Stats. 2006, Ch. 488, Sec. 1. ) ## CHAPTER 4. Role of State Board [38510- 38510.] ( Chapter 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38510. The State Air Resources Board is the state agency charged with monitoring and regulating sources of emissions of greenhouse gases that cause global warming in order to reduce emissions of greenhouse gases. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  44. 38530.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 2. MANDATORY GREENHOUSE GAS EMISSIONS REPORTING [38530 - 38535] ( Part 2 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must adopt regulations for greenhouse gas emissions reporting and verification, and the rules must cover monitoring, annual reporting, records, and compliance.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 2. MANDATORY GREENHOUSE GAS EMISSIONS REPORTING [38530 - 38535] ( Part 2 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38530. (a) On or before January 1, 2008, the state board shall adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program. (b) The regulations shall do all of the following: (1) Require the monitoring and annual reporting of greenhouse gas emissions from greenhouse gas emission sources beginning with the sources or categories of sources that contribute the most to statewide emissions. (2) Account for greenhouse gas emissions from all electricity consumed in the state, including transmission and distribution line losses from electricity generated within the state or imported from outside the state. This requirement applies to all retail sellers of electricity, including load-serving entities as defined in subdivision (k) of Section 380 of the Public Utilities Code and local publicly owned electric utilities as defined in Section 224.3 of the Public Utilities Code. (3) Where appropriate and to the maximum extent feasible, incorporate the standards and protocols developed by the California Climate Action Registry, established pursuant to former Chapter 6 (commencing with Section 42800) of Part 4 of Division 26, as added by Section 1 of Chapter 1018 of the Statutes of 2000. Entities that voluntarily participated in the California Climate Action Registry prior to December 31, 2006, and have developed a greenhouse gas emission reporting program, shall not be required to significantly alter their reporting or verification program except as necessary to ensure that reporting is complete and verifiable for the purposes of compliance with this division as determined by the state board. (4) Ensure rigorous and consistent accounting of emissions, and provide reporting tools and formats to ensure collection of necessary data. (5) Ensure that greenhouse gas emission sources maintain comprehensive records of all reported greenhouse gas emissions. (c) The state board shall do both of the following: (1) Periodically review and update its emission reporting requirements, as necessary. (2) Review existing and proposed international, federal, and state greenhouse gas emission reporting programs and make reasonable efforts to promote consistency among the programs established pursuant to this part and other programs, and to streamline reporting requirements on greenhouse gas emission sources. (Amended by Stats. 2017, Ch. 561, Sec. 116. (AB 1516) Effective January 1, 2018.)
  45. 38531.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 2. MANDATORY GREENHOUSE GAS EMISSIONS REPORTING [38530 - 38535] ( Part 2 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must publish and update emissions data on its website, add toxic air contaminant emissions by the stated deadline, and give an annual report to a legislative climate committee.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 2. MANDATORY GREENHOUSE GAS EMISSIONS REPORTING [38530 - 38535] ( Part 2 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38531. (a) (1) The state board shall make available, and update at least annually, on its internet website the emissions of greenhouse gases and criteria pollutants for each facility that reports to the state board pursuant to Section 38530. The data shall be displayed in a manner that illustrates the changes in emissions levels over time. (2) No later than January 1, 2018, the state board shall add toxic air contaminant emissions to the information made available pursuant to paragraph (1). (3) The criteria pollutant and toxic air contaminant emissions data for stationary sources shall be based on data provided to the state board by air pollution control and air quality management districts collected pursuant to Section 39607 and Chapter 3 (commencing with Section 44340) of Part 6 of Division 26. (b) At least once a year at a hearing of the Joint Legislative Committee on Climate Change Policies, the state board shall present an informational report on topics related to the scoping plan pursuant to Sections 38561 and 38562.7, as directed by the joint committee. The report shall include a discussion of the regulatory requirements, initiatives, and other programs that influence the implementation of the scoping plan. The report also may include recommendations from the state board for legislative action and consideration. (Amended by Stats. 2024, Ch. 184, Sec. 2. (SB 1136) Effective January 1, 2025.)
  46. 38532.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 2. MANDATORY GREENHOUSE GAS EMISSIONS REPORTING [38530 - 38535] ( Part 2 added by Stats. 2006, Ch. 488, Sec. 1. )

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    This section creates California’s Climate Corporate Data Accountability Act and requires large reporting entities to disclose greenhouse gas emissions and obtain third-party assurance.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 2. MANDATORY GREENHOUSE GAS EMISSIONS REPORTING [38530 - 38535] ( Part 2 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38532. (a) This section shall be known, and may be cited, as the Climate Corporate Data Accountability Act. (b) For purposes of this section, the following terms have the following definitions: (1) “Emissions reporting organization” means a nonprofit emissions reporting organization contracted by the state board pursuant to paragraph (3) of subdivision (c) that both: (A) Currently operates a greenhouse gas emissions reporting organization for organizations operating in the United States. (B) Has experience with greenhouse gas emissions disclosure by entities operating in California. (2) “Reporting entity” means a partnership, corporation, limited liability company, or other business entity formed under the laws of this state, the laws of any other state of the United States or the District of Columbia, or under an act of the Congress of the United States with total annual revenues in excess of one billion dollars ($1,000,000,000) and that does business in California. Applicability shall be determined based on the reporting entity’s revenue for the prior fiscal year. (3) “Scope 1 emissions” means all direct greenhouse gas emissions that stem from sources that a reporting entity owns or directly controls, regardless of location, including, but not limited to, fuel combustion activities. (4) “Scope 2 emissions” means indirect greenhouse gas emissions from consumed electricity, steam, heating, or cooling purchased or acquired by a reporting entity, regardless of location. (5) “Scope 3 emissions” means indirect upstream and downstream greenhouse gas emissions, other than scope 2 emissions, from sources that the reporting entity does not own or directly control and may include, but are not limited to, purchased goods and services, business travel, employee commutes, and processing and use of sold products. (c) (1) On or before July 1, 2025, the state board shall develop and adopt regulations to require a reporting entity to annually disclose all of the reporting entity’s scope 1 emissions, scope 2 emissions, and scope 3 emissions, and obtain an assurance engagement performed by an independent third-party assurance provider. Those regulations shall require the reporting entity to make the annual disclosure to either of the following: (A) The emissions reporting organization, if contracted for services. (B) The state board. (2) The state board shall ensure that the regulations adopted pursuant to this subdivision require all of the following: (A) (i) (I) That a reporting entity, starting in 2026 on or by a date to be determined by the state board, and annually thereafter on or by that date, publicly disclose to the emissions reporting organization, if contracted for services, or the state board, all of the reporting entity’s scope 1 emissions and scope 2 emissions for the reporting entity’s prior fiscal year. (II) That a reporting entity, starting in 2027 and annually thereafter, publicly disclose its scope 3 emissions on a schedule specified by the state board as part of the regulations developed pursuant to this subdivision for the prior fiscal year. (ii) A reporting entity shall, beginning in 2026, measure and report its emissions of greenhouse gases in conformance with the Greenhouse Gas Protocol standards and guidance, including the Greenhouse Gas Protocol Corporate Accounting and Reporting Standard and the Greenhouse Gas Protocol Corporate Value Chain (Scope 3) Accounting and Reporting Standard developed by the World Resources Institute and the World Business Council for Sustainable Development, including guidance for scope 3 emissions calculations that detail acceptable use of both primary and secondary data sources, including the use of industry average data, proxy data, and other generic data in its scope 3 emissions calculations. (iii) Reports may be consolidated at the parent company level. If a subsidiary of a parent company qualifies as a reporting entity pursuant to paragraph (2) of subdivision (b), the subsidiary is not required to prepare a separate report. (iv) (I) Starting in 2033, the state board may survey and assess currently available greenhouse gas accounting and reporting standards. At the conclusion of this assessment the state board may adopt a globally recognized alternative accounting and reporting standard if it determines its use would more effectively further the goals of this section. This review process shall include consultation with the stakeholders identified in paragraph (5). (II) If the state board adopts an alternative accounting and reporting standard, the state board shall develop and adopt new regulations, pursuant to paragraph (1), to ensure full conformance with the new standard and reporting of scope 1 emissions, scope 2 emissions, and scope 3 emissions and other requirements of this section. (v) During 2029 the state board shall review, and on or before January 1, 2030, the state board shall update as necessary, the public disclosure deadlines established pursuant to clause (i) to evaluate trends in scope 3 emissions reporting and consider changes to the disclosure deadlines to ensure that scope 3 emissions data is disclosed to the emissions reporting organization, if contracted for services, or the state board, as close in time as practicable to the deadline for reporting entities to disclose scope 1 emissions and scope 2 emissions data. (vi) The reporting timelines shall consider industry stakeholder input and shall take into account the timelines by which reporting entities typically receive scope 1 emissions, scope 2 emissions, and scope 3 emissions data, as well as the capacity for an independent assurance engagement to be performed by a third-party assurance provider. (B) That a reporting entity’s public disclosure maximizes access for consumers, investors, and other stakeholders to comprehensive and detailed greenhouse gas emissions data across scope 1 emissions, scope 2 emissions, and scope 3 emissions, as defined by this section, and is made in a manner that is easily understandable and accessible. (C) That a reporting entity’s public disclosure includes the name of the reporting entity and any fictitious names, trade names, assumed names, and logos used by the reporting entity. (D) (i) That the emissions reporting is structured in a way that minimizes duplication of effort and allows a reporting entity to submit to the emissions reporting organization, if contracted for services, or the state board, reports prepared to meet other national and international reporting requirements, including any reports required by the federal government, as long as those reports satisfy all of the requirements of this section. (ii) Reporting entities that are required to report mandatory industrial emissions pursuant to regulations adopted pursuant to Section 38530 may provide that data with the disclosure required pursuant to this section. (E) That a reporting entity’s disclosure takes into account acquisitions, divestments, mergers, and other structural changes that can affect the greenhouse gas emissions reporting, and is disclosed in a manner consistent with the Greenhouse Gas Protocol standards and guidance or an alternative standard, if one is adopted after 2033. (F) (i) That a reporting entity obtains an assurance engagement, performed by an independent third-party assurance provider, of their public disclosure. The reporting entity shall ensure that a copy of the complete assurance provider’s report on the greenhouse gas emissions inventory, including the name of the third-party assurance provider, is provided to the emissions reporting organization, if contracted for services, or the state board, as part of or in connection with the reporting entity’s public disclosure. (ii) The assurance engagement for scope 1 emissions and scope 2 emissions shall be performed at a limited assurance level beginning in 2026 and at a reasonable assurance level beginning in 2030. (iii) During 2026, the state board shall review and evaluate trends in third-party assurance requirements for scope 3 emissions. On or before January 1, 2027, the state board may establish an assurance requirement for third-party assurance engagements of scope 3 emissions. The assurance engagement for scope 3 emissions shall be performed at a limited assurance level beginning in 2030. (iv) A third-party assurance provider shall have significant experience in measuring, analyzing, reporting, or attesting to the emission of greenhouse gasses and sufficient competence and capabilities necessary to perform engagements in accordance with professional standards and applicable legal and regulatory requirements. The assurance provider shall be able to issue reports that are appropriate under the circumstances and independent with respect to the reporting entity, and any of the reporting entity’s affiliates for which it is providing the assurance report. During 2029 the state board shall review and, on or before January 1, 2030, shall update as necessary, the qualifications for third-party assurance providers based on an evaluation of trends in education relating to the emission of greenhouse gases and the qualifications of third-party assurance providers. (v) The state board shall ensure that the assurance process minimizes the need for reporting entities to engage multiple assurance providers and ensures sufficient assurance provider capacity, as well as timely reporting implementation as required under clause (i) of subparagraph (A). (G) (i) That a reporting entity shall pay an annual fee to the state board for the administration and implementation of this section. (ii) The state board shall set the fee established pursuant to clause (i) in an amount sufficient to cover the state board’s full costs of administrating and implementing this section. The total amount of fees collected shall not exceed the state board’s actual and reasonable costs to administer and implement this section. (iii) The proceeds of the fees imposed pursuant to clause (i) shall be deposited in the Climate Accountability and Emissions Disclosure Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated to the state board and shall be expended by the state board for the state board’s activities pursuant to this section and to reimburse any outstanding loans made from other funds used to finance the initial costs of the state board’s activities pursuant to this section. Moneys in the fund shall not be expended for any purpose not enumerated in this section. (iv) The state board may adjust the fee in any year to reflect changes in the California Consumer Price Index during the prior year. (3) The state board may contract with an emissions reporting organization to develop a reporting program to receive and make publicly available disclosures required by this section pursuant to paragraph (1). (4) The state board may adopt or update any other regulations that it deems necessary and appropriate to implement this section. (5) In developing the regulations required pursuant to this subdivision, the state board shall consult with all of the following: (A) The Attorney General. (B) Other government stakeholders, including, but not limited to, experts in climate science and corporate carbon emissions accounting and reporting. (C) Investors. (D) Stakeholders representing consumer and environmental justice interests. (E) Reporting entities that have demonstrated leadership in full-scope greenhouse gas emissions accounting and public disclosure and greenhouse gas emissions reductions. (6) This section does not require additional reporting of emissions of greenhouse gases beyond the reporting of scope 1 emissions, scope 2 emissions, and scope 3 emissions required pursuant to the Greenhouse Gas Protocol standards and guidance or an alternative standard, if one is adopted after 2033. (d) (1) On or before July 1, 2027, the state board shall contract with the University of California, the California State University, a national laboratory, or another equivalent academic institution to prepare a report on the public disclosures made by reporting entities to the emissions reporting organization, if contracted for services, or the state board, pursuant to subdivision (c) and the regulations adopted by the state board pursuant to that subdivision. In preparing the report, consideration shall be given to, at a minimum, greenhouse gas emissions from reporting entities in the context of state greenhouse gas emissions reduction and climate goals. The entity preparing the report shall not require reporting entities to report any information beyond what is required pursuant to subdivision (c) or the regulations adopted by the state board pursuant to that subdivision. (2) The state board shall ensure the report required by this subdivision is posted publicly by either of the following: (A) The emissions reporting organization, if contracted for services, to be made publicly available on the digital platform required to be created by the emissions reporting organization pursuant to subdivision (e). (B) The state board on its public internet website. (e) (1) (A) The state board, or the emissions reporting organization, if contracted for services, on or before the date determined by the state board pursuant to clause (i) of subparagraph (A) of paragraph (2) of subdivision (c), shall create a digital platform, which shall be accessible to the public, that will feature the emissions data of reporting entities in conformance with the regulations adopted by the state board pursuant to subdivision (c) and the report prepared for the state board pursuant to subdivision (d). The state board, or the emissions reporting organization, if contracted for services, shall make the reporting entities’ disclosures and the state board’s report available on the digital platform no later than 90 days after receipt. (B) The digital platform shall be capable of featuring individual reporting entity disclosures, and shall allow consumers, investors, and other stakeholders to view reported data elements aggregated in a variety of ways, including multiyear data, in a manner that is easily understandable and accessible to residents of the state. All data sets and customized views shall be available in electronic format for access and use by the public. (C) Any contract for services with a reporting organization shall be considered a noninformation technology services contract for procurement purposes. (2) The emissions reporting organization, if contracted for services, or the state board, shall submit, within 30 days of receipt, the report prepared for the state board pursuant to subdivision (d) to the relevant policy committees of the Legislature. (f) (1) Section 38580 does not apply to a violation of this section. (2) (A) The state board shall adopt regulations that authorize it to seek administrative penalties for nonfiling, late filing, or other failure to meet the requirements of this section. The administrative penalties authorized by this section shall be imposed and recovered by the state board in administrative hearings conducted pursuant to Article 3 (commencing with Section 60065.1) and Article 4 (commencing with Section 60075.1) of Subchapter 1.25 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations. The administrative penalties imposed on a reporting entity shall not exceed five hundred thousand dollars ($500,000) in a reporting year. In imposing penalties for a violation of this section, the state board shall consider all relevant circumstances, including both of the following: (i) The violator’s past and present compliance with this section. (ii) Whether the violator took good faith measures to comply with this section and when those measures were taken. (B) A reporting entity shall not be subject to an administrative penalty under this section for any misstatements with regard to scope 3 emissions disclosures made with a reasonable basis and disclosed in good faith. (C) Penalties assessed on scope 3 reporting, between 2027 and 2030, shall only occur for nonfiling. (g) A regulation adopted by the state board pursuant to this section is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (h) This section applies to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the university. (i) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2025, Ch. 609, Sec. 1. (AB 154) Effective October 11, 2025.)
  47. 38533.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 2. MANDATORY GREENHOUSE GAS EMISSIONS REPORTING [38530 - 38535] ( Part 2 added by Stats. 2006, Ch. 488, Sec. 1. )

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    Covered entities must prepare and post climate-related financial risk reports, and pay an annual fee to the state board; the state board may impose administrative penalties for noncompliance.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 2. MANDATORY GREENHOUSE GAS EMISSIONS REPORTING [38530 - 38535] ( Part 2 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38533. (a) For purposes of this section, the following definitions apply: (1) “Climate reporting organization” means a nonprofit climate reporting organization contracted by the state board pursuant to subdivision (d) that both: (A) Currently operates a climate reporting organization for organizations operating in the United States. (B) Has experience with climate-related financial risk disclosure by entities operating in California. (2) “Climate-related financial risk” means material risk of harm to immediate and long-term financial outcomes due to physical and transition risks, including, but not limited to, risks to corporate operations, provision of goods and services, supply chains, employee health and safety, capital and financial investments, institutional investments, financial standing of loan recipients and borrowers, shareholder value, consumer demand, and financial markets and economic health. (3) “Climate-related financial risk report” means a report required by subdivision (b). (4) “Covered entity” means a corporation, partnership, limited liability company, or other business entity formed under the laws of the state, the laws of any other state of the United States or the District of Columbia, or under an act of the Congress of the United States with total annual revenues in excess of five hundred million United States dollars ($500,000,000) and that does business in California. Applicability shall be determined based on the business entity’s revenue for the prior fiscal year. “Covered entity” does not include a business entity that is subject to regulation by the Department of Insurance in this state, or that is in the business of insurance in any other state. (b) (1) (A) On or before January 1, 2026, and biennially thereafter, a covered entity shall prepare a climate-related financial risk report disclosing both of the following: (i) Its climate-related financial risk, in accordance with the recommended framework and disclosures contained in the Final Report of Recommendations of the Task Force on Climate-related Financial Disclosures (June 2017) published by the Task Force on Climate-related Financial Disclosures, or any successor thereto, or pursuant to an equivalent reporting requirement as described in paragraph (3). (ii) Its measures adopted to reduce and adapt to climate-related financial risk disclosed pursuant to clause (i). (B) If a covered entity does not complete a report consistent with all required disclosures pursuant to clause (i) of subparagraph (A), the covered entity shall provide the recommended disclosures to the best of its ability, provide a detailed explanation for any reporting gaps, and describe steps the covered entity will take to prepare complete disclosures. (2) Climate-related financial risk reports may be consolidated at the parent company level. If a subsidiary of a parent company qualifies as a covered entity pursuant to paragraph (4) of subdivision (a), the subsidiary is not required to prepare a separate climate-related financial risk report. (3) Notwithstanding paragraph (1), a covered entity satisfies the requirements of paragraph (1) if it prepares a publicly accessible biennial report that includes climate-related financial risk disclosure information by any of the following methods: (A) Pursuant to a law, regulation, or listing requirement issued by any regulated exchange, national government, or other governmental entity, including a law or regulation issued by the United States government, incorporating disclosure requirements consistent with clause (i) of subparagraph (A) of paragraph (1), including the International Financial Reporting Standards Sustainability Disclosure Standards, as issued by the International Sustainability Standards Board. (B) Voluntarily using a framework that meets the requirements of clause (i) of subparagraph (A) of paragraph (1) or the International Financial Reporting Standards Sustainability Disclosure Standards, as issued by the International Sustainability Standards Board. (4) To the extent a climate-related financial risk report contains a description of a covered entity’s greenhouse gas emissions or voluntary mitigation of greenhouse gas emissions, the state board may consider the covered entity’s claims if those claims are verified by a third-party independent verifier. (c) (1) On or before January 1, 2026, and biennially thereafter, a covered entity shall make available to the public, on its own internet website, a copy of the report required by this section. (2) (A) On or before January 1, 2026, and annually thereafter, a covered entity shall pay a fee to the state board for the administration and implementation of this section. (B) (i) The state board shall set the fee described in subparagraph (A) at an amount adequate to cover the state board’s full costs of administrating and implementing this section. The total amount of fees collected shall not exceed the state board’s actual and reasonable costs to administer and implement this section. (ii) The state board may adjust the fee in any year to reflect changes in the California Consumer Price Index during the prior year. (C) The proceeds of the fees imposed pursuant to this paragraph shall be deposited in the Climate-Related Financial Risk Disclosure Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated to the state board and shall be expended by the state board for the state board’s activities pursuant to this section and to reimburse any outstanding loans made from other funds used to finance the initial costs of the state board’s activities pursuant to this section. Money in the fund shall not be expended for any other purpose not described in this subparagraph. (d) The state board may contract with a climate reporting organization to do any of the following it deems appropriate: (1) Biennially prepare a public report that contains all of the following elements: (A) A review of the disclosure of climate-related financial risk contained in a subset of publicly available climate-related financial risk reports by industry. (B) Analysis of the systemic and sectorwide climate-related financial risks facing the state based on the contents of climate-related financial risk reports, including, but not limited to, potential impacts on economically vulnerable communities. (C) Identification of inadequate or insufficient reports. (2) Regularly convene representatives of sectors responsible for reporting climate-related financial risks, state agencies responsible for oversight of reporting sectors, investment managers, academic experts, standard-setting organizations, climate and corporate sustainability organizations, labor union representatives whose members work in impacted sectors, and other stakeholders to offer input on current best practices regarding the disclosure of financial risks resulting from climate change, including, but not limited to, proposals to update the definition of “climate-related financial risk,” and the framework or disclosure standard of “climate-related financial risk reports” that meets the requirements of clause (i) of subparagraph (A) of paragraph (1) of subdivision (b). (3) Monitor federal regulatory actions among agency members of the federal Financial Stability Oversight Council, as well as nonindependent regulators overseen by the White House. (e) Any contract for services with a reporting organization shall be considered a noninformation technology services contract for procurement purposes. (f) (1) Section 38580 does not apply to a violation of this section. (2) The state board shall adopt regulations that authorize it to seek administrative penalties from a covered entity that fails to make the report required by this section publicly available on its internet website or publishes an inadequate or insufficient report. The administrative penalties authorized by this section shall be imposed and recovered by the state board in administrative hearings conducted pursuant to Article 3 (commencing with Section 60065.1) and Article 4 (commencing with Section 60075.1) of Subchapter 1.25 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations. The administrative penalties imposed on a reporting entity shall not exceed fifty thousand dollars ($50,000) in a reporting year. In imposing penalties for a violation of this section, the state board shall consider all relevant circumstances, including both of the following: (A) The violator’s past and present compliance with this section. (B) Whether the violator took good faith measures to comply with this section and when those measures were taken. (g) A regulation adopted by the state board pursuant to this section is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Amended by Stats. 2025, Ch. 609, Sec. 2. (AB 154) Effective October 11, 2025.)
  48. 38535.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 2. MANDATORY GREENHOUSE GAS EMISSIONS REPORTING [38530 - 38535] ( Part 2 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must develop specified greenhouse gas reporting and baseline materials, with consultation and deadlines for some items.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 2. MANDATORY GREENHOUSE GAS EMISSIONS REPORTING [38530 - 38535] ( Part 2 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38535. The state board, in consultation with the California Department of Forestry and Fire Protection, shall develop all of the following: (a) A standardized system for quantifying the direct carbon emissions and decay from fuel reduction activities for purposes of meeting the accounting requirements for Greenhouse Gas Reduction Fund expenditures. This system may include standardized lookup tables by forest stand type, including for oak woodland forests, and harvest or other management prescriptions. The system shall acknowledge that certain expenditures, such as for planning, analysis, modeling, or outreach, will not have a direct greenhouse gas reduction benefit, but will facilitate necessary climate preparedness activities that will have direct greenhouse gas benefits. (b) In consultation with academic experts, a historic baseline of greenhouse gas emissions from California’s natural fire regime reflecting conditions before modern fire suppression. This shall be completed on or before December 31, 2020. The baseline may be included within the state board’s natural working lands inventory. (c) On or before December 31, 2020, and every five years thereafter, a report that assesses greenhouse gas emissions associated with wildfire and forest management activities. (Added by Stats. 2018, Ch. 626, Sec. 4. (SB 901) Effective January 1, 2019.)
  49. 38550.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 3. STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT [38550 - 38551] ( Part 3 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must determine California’s 1990 greenhouse gas emissions level and approve a statewide emissions limit equivalent to that level by January 1, 2008.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 3. STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT [38550 - 38551] ( Part 3 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38550. By January 1, 2008, the state board shall, after one or more public workshops, with public notice, and an opportunity for all interested parties to comment, determine what the statewide greenhouse gas emissions level was in 1990, and approve in a public hearing, a statewide greenhouse gas emissions limit that is equivalent to that level, to be achieved by 2020. In order to ensure the most accurate determination feasible, the state board shall evaluate the best available scientific, technological, and economic information on greenhouse gas emissions to determine the 1990 level of greenhouse gas emissions. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  50. 38551.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 3. STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT [38550 - 38551] ( Part 3 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The statewide greenhouse gas emissions limit stays in effect unless amended or repealed, and the state board must recommend how to keep cutting greenhouse gas emissions beyond 2020.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 3. STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT [38550 - 38551] ( Part 3 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38551. (a) The statewide greenhouse gas emissions limit shall remain in effect unless otherwise amended or repealed. (b) It is the intent of the Legislature that the statewide greenhouse gas emissions limit continue in existence and be used to maintain and continue reductions in emissions of greenhouse gases beyond 2020. (c) The state board shall make recommendations to the Governor and the Legislature on how to continue reductions of greenhouse gas emissions beyond 2020. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  51. 38560.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38560. The state board shall adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from sources or categories of sources, subject to the criteria and schedules set forth in this part. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  52. 38560.5.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must publish a list of early greenhouse gas reduction measures, adopt regulations to implement them, and make those regulations enforceable by January 1, 2010.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38560.5. (a) On or before June 30, 2007, the state board shall publish and make available to the public a list of discrete early action greenhouse gas emission reduction measures that can be implemented prior to the measures and limits adopted pursuant to Section 38562. (b) On or before January 1, 2010, the state board shall adopt regulations to implement the measures identified on the list published pursuant to subdivision (a). (c) The regulations adopted by the state board pursuant to this section shall achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions from those sources or categories of sources, in furtherance of achieving the statewide greenhouse gas emissions limit. (d) The regulations adopted pursuant to this section shall be enforceable no later than January 1, 2010. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  53. 38560.7.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must create and maintain a greenhouse gas emissions dashboard on its website.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38560.7. The state board shall create, and maintain on its internet website, a greenhouse gas emissions dashboard that provides updated publicly available information regarding how the state is progressing toward meeting its statewide climate change goals. (Added by Stats. 2022, Ch. 366, Sec. 1. (SB 1145) Effective January 1, 2023.)
  54. 38561.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must prepare, approve, consult on, evaluate, and periodically update a greenhouse gas scoping plan, and hold public workshops on it.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38561. (a) On or before January 1, 2009, the state board shall prepare and approve a scoping plan, as that term is understood by the state board, for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions from sources or categories of sources of greenhouse gases by 2020 under this division. The state board shall consult with all state agencies with jurisdiction over sources of greenhouse gases, including the Public Utilities Commission and the State Energy Resources Conservation and Development Commission, on all elements of its plan that pertain to energy-related matters including, but not limited to, electrical generation, load based-standards or requirements, the provision of reliable and affordable electrical service, petroleum refining, and statewide fuel supplies to ensure the greenhouse gas emissions reduction activities to be adopted and implemented by the state board are complementary, nonduplicative, and can be implemented in an efficient and cost-effective manner. (b) The plan shall identify and make recommendations on direct emissions reduction measures, alternative compliance mechanisms, market-based compliance mechanisms, and potential monetary and nonmonetary incentives for sources and categories of sources that the state board finds are necessary or desirable to facilitate the achievement of the maximum feasible and cost-effective reductions of greenhouse gas emissions by 2020. (c) In making the determinations required by subdivision (b), the state board shall consider all relevant information pertaining to greenhouse gas emissions reduction programs in other states, localities, and nations, including the northeastern states of the United States, Canada, and the European Union. (d) The state board shall evaluate the total potential costs and total potential economic and noneconomic benefits of the plan for reducing greenhouse gases to California’s economy, environment, and public health, using the best available economic models, emission estimation techniques, and other scientific methods. (e) In developing its plan, the state board shall take into account the relative contribution of each source or source category to statewide greenhouse gas emissions, and the potential for adverse effects on small businesses, and shall recommend a de minimis threshold of greenhouse gas emissions below which emissions reduction requirements will not apply. (f) In developing its plan, the state board shall identify opportunities for emissions reduction measures from all verifiable and enforceable voluntary actions, including, but not limited to, carbon sequestration projects and best management practices. (g) The state board shall conduct a series of public workshops to give interested parties an opportunity to comment on the plan. The state board shall conduct a portion of these workshops in regions of the state that have the most significant exposure to air pollutants, including, but not limited to, areas designated as federal extreme nonattainment that have communities with minority populations, communities with low-income populations, or both. (h) The state board shall update its plan for achieving the maximum technologically feasible and cost-effective reductions of greenhouse gas emissions at least once every five years. (Amended by Stats. 2022, Ch. 361, Sec. 3. (SB 1020) Effective January 1, 2023.)
  55. 38561.2.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must develop and later implement a cement-sector strategy to reach net-zero greenhouse gas emissions, set interim reduction targets, and review progress by specified deadlines.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38561.2. (a) (1) By July 1, 2023, the state board shall develop a comprehensive strategy for the state’s cement sector to achieve net-zero emissions of greenhouse gases associated with cement used within the state as soon as possible, but no later than December 31, 2045. (2) To ensure adequate progress is made toward achieving the goal established in paragraph (1), the state board shall establish interim targets for reductions in the greenhouse gas intensity of cement used within the state relative to the average greenhouse gas intensity of cement used within the state during the 2019 calendar year, with the goal of reducing the greenhouse gas intensity of cement used within the state to 40 percent below the 2019 average levels by December 31, 2035. (3) When determining the greenhouse gas intensity of cement, the state board shall not include greenhouse gas emissions reductions attributable to activities or offsets that are unrelated to the raw materials, fuels or other energy sources, processes, or transportation involved in making or using cement or its inputs. (4) (A) By July 1, 2028, the state board shall evaluate the feasibility of achieving the interim targets established under paragraph (2) and may adjust the interim targets upward or downward to reflect technological advancements and progress in addressing barriers to the deployment of greenhouse gas emissions reduction technologies and processes, including those barriers for which measures have been identified pursuant to paragraph (7) of subdivision (b). (B) If the state board makes a downward adjustment to any interim target established under paragraph (2), the state board shall document the feasibility constraints the state board has identified and recommend measures and actions, including proposed statutory changes, necessary to overcome those constraints to enable the cement sector to achieve net-zero emissions of greenhouse gases as soon as possible, but no later than December 31, 2045. (b) In developing the comprehensive strategy pursuant to subdivision (a), the state board shall do all of the following: (1) Define a metric for greenhouse gas intensity and evaluate the data submitted by cement manufacturing plants to the state board for the 2019 calendar year and other relevant data about emissions of greenhouse gases for cement that was imported into the state to establish a baseline from which to measure greenhouse gas intensity reductions. (2) Assess the effectiveness of existing measures, identify any modifications to existing measures, and evaluate new measures to overcome the market, statutory, and regulatory barriers inhibiting achievement of the objectives described in this section. (3) Identify actions that reduce adverse air quality impacts and support economic and workforce development in communities neighboring cement plants. (4) Include provisions to minimize and mitigate potential leakage and account for embedded emissions of greenhouse gases in imported cement in a similar manner to emissions of greenhouse gases for cement produced in the state, such as through a border carbon adjustment mechanism. (5) Coordinate and consult with other state agencies, districts, and experts in academia, industry, and public health, and with local communities. (6) Prioritize actions that leverage state and federal incentives, where applicable, to reduce costs of implementing greenhouse gas emissions reduction technologies and processes and to increase economic value for the state. (7) Evaluate measures to support market demand and financial incentives to encourage the production and use of cement with low greenhouse gas intensity, including, but not limited to, consideration of all of the following measures: (A) Measures to expedite the adoption for use in projects undertaken by state agencies, including the Department of Transportation, of Portland limestone cement and other blended cements. (B) Measures to provide financial support and incentives for research, development, and demonstration of technologies to mitigate emissions of greenhouse gases from the production of cement with the objective of accelerating industry deployment of those technologies. (C) Measures to facilitate fuel switching. (D) Measures to create incentives and remove obstacles for energy efficiency improvements and waste heat recovery at cement manufacturing facilities. (c) The state board shall implement the strategy developed pursuant to this section, upon appropriation by the Legislature. (Added by Stats. 2021, Ch. 246, Sec. 2. (SB 596) Effective January 1, 2022.)
  56. 38561.3.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must develop a building-materials carbon framework and strategy, and certain construction projects and material manufacturers must submit emissions-related information.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38561.3. (a) By December 31, 2026, the state board, in consultation with relevant stakeholders, including, but not limited to, the California Building Standards Commission, the Department of Housing and Community Development, and the State Energy Resources Conservation and Development Commission, shall develop a framework for measuring the average carbon intensity of the materials used in the construction of new buildings, including those for residential uses. (b) The state board shall also develop, by December 31, 2028, a comprehensive strategy for the state’s building sector to achieve a 40-percent net reduction in greenhouse gas emissions of building materials as soon as possible, but no later than December 31, 2035. The baseline for the 40-percent net reduction shall be established based on an industry average of environmental product declarations reported for the 2026 calendar year, or the most relevant, up-to-date data that is available, as determined by the state board. (c) The framework developed pursuant to subdivision (a) shall include both of the following: (1) A requirement for the submission by an entity undertaking the construction of a project with a minimum size of five new residential units or 10,000 square feet of nonresidential building space of a life-cycle assessment, as defined in the International Organization for Standardization (ISO) 14040 series of standards with a focus on the Product Stage phases (A1-A3), to determine the carbon intensity of the materials used in new residential and nonresidential buildings. (2) A requirement for the submission by the manufacturer of a building material of an Environmental Product Declaration, Type III, as defined by the International Organization for Standardization (ISO) Standard 14025, or similarly robust material life-cycle assessment approaches that have uniform standards in data collection consistent with ISO Standard 14025, industry acceptance, and integrity for construction materials used for the building. The state board shall determine how to proceed in the event that insufficient material life-cycle assessments or Environmental Product Declarations exist, or in the event of significant supply chain issues. (d) The framework developed pursuant to subdivision (a) may include a tracking and reporting mechanism in order to facilitate the reporting of data to the state board on the carbon intensity of buildings, and that would also allow tracking of progress toward the carbon intensity reduction targets set forth in this section. Except for a fee to reimburse the state board for any administrative costs incurred in administering the reporting mechanism, the state board shall not impose any other charges on the participants in the reporting mechanism authorized under this subdivision. (e) Based on the information submitted by an entity undertaking the construction of a covered project pursuant to paragraph (2) of subdivision (i), as well as other relevant information as determined by the state board, the state board shall evaluate the cost impact and feasibility of implementation of the strategy developed pursuant to subdivision (b), for the purpose of developing recommendations for addressing known cost impact and feasibility issues in strategy implementation. This subdivision does not affect the project’s status as deemed to comply with the applicable target based on the finding made solely by the entity undertaking the construction of a project pursuant to paragraphs (1) and (2) of subdivision (i). (f) As used in this section the following terms have the following meanings: (1) “Feasibility,” in regard to the use of a material, means all of the following: (A) The material is capable of being installed in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. (B) The material does not harm the health or safety of those who install the materials or occupy the building. (C) The building using the material can be designed to provide an equivalent function and, at a minimum, the same useful life, performance, and durability as the building made with baseline materials. (D) The material is commercially available to the region of the project. (E) The material has not been involved in a claim for a construction or design defect, breach of express or implied warranty, fraud, or misrepresentation. (F) The material provides an equivalent function and at least the same useful life, performance, and durability as the baseline material. (2) (A) “Cost impact” means a significant overall material or operational cost increase or schedule delay resulting from incorporating the lower carbon material. (B) As used in subparagraph (A), “significant” means an increase of 5 percent or more in the operational or overall material cost at the location of the project or time schedule delay that is attributable to incorporating a lower carbon material compared to the baseline material for which it is a substitute in the project. For purposes of this paragraph, the baseline material shall be the material that would have been used by the entity undertaking the construction of the project if this section did not apply to the project at the time the application for the building permit is submitted for a model home or project, as applicable. (g) The state board shall allow the entity undertaking the construction of a project to use the same persons as those responsible for the Certificate of Installation pursuant to paragraph (3) of subdivision (a) of Section 10-103 of Title 25 of the California Code of Regulations in submitting, reporting, notifying, tracking, or otherwise conveying information to the state board. (h) The targets established by this section shall begin to apply no sooner than January 1, 2027, and two years after the baseline is established. The applicable target for each residential unit built within a project shall be the target that applied at the time the application was submitted for a building permit of the first model home in the project. For projects that do not use model homes, the applicable target shall be the target in effect at the time of submission of the application for the building permit. (i) (1) For buildings covered by this section, the incorporation of lower carbon materials shall be limited or excluded to the extent that it has a cost impact or is unfeasible. (2) An entity undertaking the construction of a project may seek to achieve the applicable target through the use of materials or methods pursuant to this section and, if an embodied carbon trading system is established or other alternative compliance method, pursuant to Section 38561.6, separately or in combination, as determined by the available compliance methods. If the entity undertaking the construction of a project uses materials or methods described in this section, Section 38561.6, or both, subject to the feasibility criteria and up to the cost impact limit, and the entity finds that it is still unable to achieve the applicable target due to unfeasibility or cost impact, then the project shall be deemed to comply with the applicable target. In that case, the entity undertaking the construction of a project shall provide the state board with documentation that shall be specified in the reporting and recordkeeping regulations that will be established by the state board. (3) The state board shall consult experts, including, but not limited to, building product manufacturers, builders, and design professionals, to advise the state board on methods to reduce the carbon intensity of building materials and covered projects, while maintaining the avoidance of cost impact and their feasibility. (4) The state board shall not have the authority to approve, deny, or delay the planning, use, development, design, or construction of a project. (5) Manufacturers of building materials shall be required to report data to the state board to ensure that their products comply with applicable reduction targets in accordance with reporting and compliance requirements that will be established by the state board. (j) This section does not apply to appliances. (k) For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), no adverse environmental impact associated with the manufacture of building materials may be attributed, directly or indirectly, to the project incorporating the building material. This subdivision does not relieve the entity undertaking the construction of a covered project from complying with any other provision within this section. (l) In developing the strategy pursuant to subdivision (b), the state board shall do all of the following: (1) Research and prioritize actions and provisions that leverage state and federal incentives, where applicable, to reduce costs of implementing greenhouse gas emissions reduction technologies, processes, and materials used in construction-related projects for the construction industry, homeowners, and developers, and to increase economic value for the state. (2) Evaluate measures to support market demand and financial incentives to encourage the production and use of materials used in construction-related projects with low greenhouse gas intensity, including, but not limited to, consideration of the following measures: (A) Measures to expedite the adoption for use in projects undertaken by state agencies, including the Department of Transportation and the Department of General Services. (B) Measures to provide financial support and incentives for research, development, and demonstration of technologies to mitigate emissions of greenhouse gases from the manufacture of materials used in construction-related projects, with the objective of accelerating commercial availability of those technologies. (C) Measures to provide consumer access to building material embodied carbon data reported to the state board. (m) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to reporting regulations and reporting standards promulgated pursuant to this section. Prior to adopting those reporting standards and regulations pursuant to this section, the proposed rulemaking shall be made available to the public and stakeholders for comment and workshopping. The state board, the California Building Standards Commission, the Department of Housing and Community Development, and the State Energy Resources Conservation and Development Commission shall exchange technical information with each other as part of this process prior to the adoption of any reporting standard or regulation pursuant to this section. All other regulations adopted pursuant to this section are subject to the Administrative Procedure Act. (n) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the state board’s development and approval of the framework and comprehensive strategy developed pursuant to this section. (o) Paragraphs (1) and (2) of subdivision (i) apply when the state board adopts any mechanism, standard, requirement, regulation, rule, protocol, framework, strategy, credit, target, or establishes an embodied carbon trading system, or alternative incentives or compliance programs, whichever occurs first. (p) Penalties relating to the use or failure to use low-carbon building materials, or the failure to achieve the applicable target, may not be applied to an entity undertaking the construction of a project that is deemed to comply pursuant to paragraphs (1) and (2) of subdivision (i). (q) Except as otherwise provided in subdivision (p), penalties for a violation of this section are limited to the penalties described in subdivisions (a) and (d) of Section 42402, unless the violation shows a disregard for the regulations under this section, extreme negligence, or acts of deceit, in which case the penalties set forth in subdivision (b) of Section 42402 apply. (r) Notwithstanding any other law, the penalties described in subdivision (q) are the exclusive enforcement mechanism against regulated entities for a violation of this section and Section 38561.6. (s) As used in this section, “entity undertaking the construction of a project” means a person or entity who owns the real property that is the subject of a development agreement. (Amended by Stats. 2023, Ch. 316, Sec. 2. (AB 43) Effective January 1, 2024.)
  57. 38561.5.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

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    This section defines several climate and land-use terms and requires state agencies to set targets, update a strategy, create advisory support, develop tracking methods, and publish progress data.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38561.5. (a) For purposes of this section, the following definitions apply: (1) “Natural carbon sequestration” means actions that are undertaken on natural and working lands to remove and provide storage of atmospheric greenhouse gases in vegetation and soils. This shall include preservation, conservation, restoration, and sustainable management of these lands, which may include compost application, cover crops, hedgerows, planned grazing, urban forestry, riparian restoration, restoration of tidal flows to wetlands, and other forms of wetland restoration, among other relevant actions. (2) “Natural lands” has the same meaning as set forth in paragraph (2) of subdivision (d) of Section 9001.5 of the Public Resources Code. (3) “Nature-based climate solutions” means activities, such as restoration, conservation, and land management actions, that increase net carbon sequestration or reduce greenhouse gas emissions in natural and working lands. (4) “Vulnerable communities” has the same meaning as set forth in subdivision (d) of Section 71340 of the Public Resources Code. (5) “Working lands” has the same meaning as set forth in paragraph (1) of subdivision (d) of Section 9001.5 of the Public Resources Code. (b) (1) On or before January 1, 2024, the Natural Resources Agency, in collaboration with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, the expert advisory committee established pursuant to subdivision (c), and other relevant state agencies, shall determine an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. These targets shall be integrated into the scoping plan prepared pursuant to Section 38561 and other state policies. (2) Projects and actions developed to achieve the targets established pursuant to paragraph (1) shall support the state’s efforts to achieve carbon neutrality, take into account climate impacts, increase resilience to climate change impacts, reduce greenhouse gas emissions, and enhance carbon sequestration in a manner that maximizes ecological health and biodiversity, and complements other climate and resources goals. (3) The state board shall ensure that all emissions reductions from projects and actions developed to achieve the targets established pursuant to paragraph (1) shall be accounted for in a manner that does not result in double counting of emissions reductions, and that all greenhouse gas emissions reductions and removals used for any market-based compliance mechanism are in addition to any reductions and removals that would otherwise occur. (4) On or before January 1, 2025, the Natural Resources Agency, in consultation with the state board, the California Environmental Protection Agency, and the Department of Food and Agriculture, shall review and update the Natural and Working Lands Climate Smart Strategy established pursuant to Section 39740.2 to achieve the targets established pursuant to paragraph (1). (5) The review and update pursuant to paragraph (4) shall include all of the following: (A) Descriptions of the actions and projects undertaken on natural and working lands to date. (B) Quantified progress on emissions reductions, natural carbon sequestration, and cobenefits. (C) A description of how the relevant agencies calculated emissions reductions, natural carbon sequestration, and cobenefits. (D) A summary of the benefits to low-income communities, disadvantaged communities, vulnerable communities, disadvantaged farmers, and Native American tribes. (E) An evaluation of the efficacy of the priority nature-based solutions, pathways, and priority actions for greenhouse gas reductions, climate resilience, and climate change adaptation. (F) Identification and description of any barriers to achieving the range of targets pursuant to paragraph (1). (G) Recommendations to address the barriers identified in subparagraph (F) to achieve the range of targets pursuant to paragraph (1). (H) Recommendations from the expert advisory committee established pursuant to subdivision (c). (c) The Natural Resources Agency and the state board shall jointly establish an expert advisory committee that is composed of university researchers, technical assistance providers, practitioners and other experts in the field of climate change and natural and working lands science and management, and Indigenous and environmental justice representatives, to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of this section. (d) No later than January 1, 2025, the state board shall develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. In estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural and working lands, the state board shall take into account, where feasible, both of the following: (1) Greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands. (2) Potential impacts of climate change, including, but not limited to, increased fire risk, warming temperatures, and decreasing precipitation, on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands. (e) On or before January 1, 2025, and every two years thereafter, the Natural Resources Agency shall publish data on its internet website on progress made in achieving the targets established pursuant to paragraph (1) of subdivision (b), including on state expenditures made to implement these targets. (Amended by Stats. 2023, Ch. 358, Sec. 1. (AB 1159) Effective January 1, 2024.)
  58. 38561.6.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board may set up an embodied carbon trading system, but if it does, it must integrate it with Section 38561.3 by December 31, 2026 and implement it on and after January 1, 2029.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38561.6. (a) For purposes of this section, the following definitions apply: (1) “Carbon intensity” means the quantity of life-cycle greenhouse gas emissions per unit of building material, and specifically the ratio between the net upstream carbon dioxide impact (emissions minus storage) of a material and the weight of the material. (2) “Embodied carbon trading system” means a market-based credit trading platform of greenhouse gas emissions exchanges, banking, credits, and other transactions, governed by rules and protocols established by the state board, that result in the same greenhouse gas emission reduction, over the same time period, as direct compliance with a greenhouse gas emission limit or emission reduction measure adopted by the state board pursuant to this division. (3) “Low-carbon building standard” means a framework created pursuant to Section 38561.3 to reduce by 40 percent the carbon intensity of the materials used in newly constructed buildings identified in paragraph (1) of subdivision (c) of Section 38561.3 and within the embodied carbon trading system, to facilitate a credit trading platform for building materials along with other requirements as specified. (4) “Material life-cycle” means the aggregate of greenhouse gas emissions associated with material production, as defined in the International Organization for Standardization (ISO) 14040 series of standards with a focus on the Product Stage phases (A1-A3). (5) “Entity undertaking the construction of a project” means a person or entity who owns the real property that is the subject of a development agreement. (b) The state board may establish an embodied carbon trading system in compliance with the requirements set forth in Section 38561.3 and this section that meets both of the following requirements: (1) If the state board opts to establish an embodied carbon trading system, the system shall be designed to be used by entities undertaking a construction project and building material manufacturers. (2) The embodied carbon trading system unit of measurement shall be Global Warming Potential (GWP) per gross square foot (kg CO2e/sq. ft.2). (c) The state board shall have the flexibility to design the embodied carbon trading system and may do all of the following with respect to the embodied carbon trading system: (1) (A) Adopt rules and regulations for the credit allocation approach, the anticipated carbon price in the scheme, and trading periods. (B) In developing the rules and regulations for the credit allocation approach, including those governing any tradeable compliance instrument, make efforts to avoid an overabundance of compliance credits in the market, and, to this end, may consider setting an upper limit on amount of credits that can be generated per unit of material. (2) Consider using the credits generated through the use of the embodied carbon trading system to help promote innovation and investment in building construction materials that reduce emissions of greenhouse gases. (3) Consider all relevant information pertaining to low-carbon building materials reduction programs in other states, localities, and nations, including other states, Canada, and the European Union, and, in doing so, review existing and proposed international, federal, and state greenhouse gas emission reporting programs, make reasonable efforts to promote consistency among the programs established pursuant to this division and other programs, and streamline reporting requirements on greenhouse gas emission sources. (4) Integrate the embodied carbon trading system with the framework described in Section 38561.3 on or before December 31, 2026, and shall implement that system on and after January 1, 2029. (5) Consult with the California Building Standards Commission, the Department of Housing and Community Development, and the State Energy Resources Conservation and Development Commission in the development of building regulations, in order to minimize duplicate or inconsistent regulatory requirements. (d) The state board shall have the discretion to adopt further greenhouse gas emission reduction targets within the scope of Section 38561.3 prior to December 31, 2035, or provide early reduction credit considering market adoption, if appropriate. (e) In developing its plan, the state board shall identify opportunities for emission reduction measures from all verifiable and enforceable actions, and best management practices. (f) (1) The state board may adopt rules and regulations to monitor, verify, and enforce reductions in embodied carbon in building materials pursuant to this section and Section 38561.3. (2) The state board shall minimize the administrative burden of implementing and complying with these regulations when possible. (3) The state board shall design any rules and regulations to encourage manufacturers of building materials to produce low-carbon materials for sale in California to ensure that entities that undertake construction of projects identified in paragraph (1) of subdivision (c) of Section 38561.3 have an adequate supply of low-carbon materials that meet all of the feasibility and cost impact requirements of subdivision (f) of Section 38561.3 to meet the greenhouse gas reduction targets established in Section 38561.3. (g) The state board may consider the use of third parties, such as verifiers, for purposes of implementing the requirements of this section. (h) Compliance mechanisms, reporting requirements, and penalties for noncompliance with any compliance standards or an embodied carbon trading system established pursuant to this section or Section 38561.3 will be determined by the administrative process. The carbon trading system established pursuant to this section alone or in combination with Section 38561.3 shall not cause a project to have a cost impact or be unfeasible as those terms are defined in subdivision (f) of Section 38561.3. (i) The state board shall periodically review and update its emission reporting and compliance standard requirements, as necessary. (j) This section does not limit the state board’s ability to establish alternative incentives or compliance programs aside from or in addition to an embodied carbon trading system. (k) This section provides guidance only. This section does not limit or expand the authority of the state board. (l) This section does not authorize the creation of a revenue-generating program or any other program that would result in moneys being paid to the state, other than penalties imposed for a violation of this section. (m) Notwithstanding any other law, the penalties described in subdivision (q) of Section 38561.3 are the exclusive enforcement mechanism against regulated entities for a violation of this section. (Added by Stats. 2023, Ch. 316, Sec. 3. (AB 43) Effective January 1, 2024.)
  59. 38561.7.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must add two specified discussions to the next scoping plan update.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38561.7. (a) In the next update to the scoping plan prepared pursuant to Section 38561, the state board shall include both of the following: (1) A discussion of industrial sources of emissions of greenhouse gases for which there are zero-emission alternatives currently technologically available. (2) A discussion of industrial sources of emissions of greenhouse gases for which there are no zero-emission alternatives currently technologically available. (b) This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed. (Added by Stats. 2024, Ch. 595, Sec. 1. (SB 941) Effective January 1, 2025. Inoperative July 1, 2028, by its own provisions. Repeal operative January 1, 2029, by its own provisions.)
  60. 38561.8.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must prepare and post an evaluation by June 1, 2024, and consult specified agencies and workforce groups while developing it.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38561.8. (a) For purposes of this section, “decarbonize” means to reduce or eliminate associated emissions of greenhouse gases. (b) The state board, in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, shall prepare an evaluation posted to the state board’s internet website by June 1, 2024. The evaluation shall include, but not be limited to, all the following: (1) Policy recommendations regarding the use of hydrogen, and specifically regarding the use of green hydrogen, in the state to help achieve the state’s climate, clean energy, and clean air objectives. The policy recommendations may include recommendations on how to overcome market barriers and accelerate progress in green hydrogen production, scaling and use, including through the use of public-private partnerships, demonstration projects undertaken by public, private, or nonprofit entities, or a combination thereof, incentives, financing mechanisms, or other policies, and recommendations to maximize economic, environmental, public health, workforce, and equity benefits resulting from increased utilization of green hydrogen. (2) A description of strategies, consistent with the state’s climate, clean energy, and clean air requirements, supporting hydrogen infrastructure, including needed infrastructure for production, processing, delivery, storage, and end uses in difficult-to-decarbonize sectors of the economy for the purpose of preparing infrastructure and end uses for green hydrogen deployment. This description shall identify policies that promote the reduction of economywide emissions of greenhouse gases and short-lived climate pollutants through the deployment of hydrogen, including green hydrogen, while ensuring that hydrogen infrastructure will support the employment of a skilled and trained workforce in California to perform that work. (3) A description of the potential for other forms of hydrogen, outside of green hydrogen, to achieve emission reductions that can contribute to achieving the state’s climate, clean energy, and clean air objectives. (4) An analysis of how curtailed electrical generation could be better utilized to help meet the goals set forth in this division, including, but not limited to, whether curtailed electrical generation could be made available for the production of green hydrogen. The state board shall also consult with the Independent System Operator in the preparation of the analysis. (5) An estimate of the amount of reduced emissions of greenhouse gases and air quality benefits the state could achieve through deploying green hydrogen through a variety of scenarios, the costs associated with using green hydrogen, and the associated health and environmental impacts of prioritizing the development of various forms of hydrogen, when compared to other alternatives. (6) An analysis of the potential for opportunities to integrate hydrogen, including green hydrogen, production and application with drinking water supply treatment needs, particularly for advanced treatment water supplies such as desalination, potable reuse, and salt and contaminant removal projects. (7) Policy recommendations for regulatory and permitting processes associated with transmission and distribution of hydrogen, including green hydrogen, from production sites to end uses. (8) An analysis of the life-cycle greenhouse gas emissions from various forms of hydrogen, including green hydrogen, production. (9) An analysis of air pollution and other environmental impacts from hydrogen, including green hydrogen, distribution and end uses. (c) In developing the evaluation pursuant to subdivision (b), the state board shall consult the California Workforce Development Board and labor and workforce organizations, including those that administer state-approved apprenticeship programs that train workers to construct, install, and maintain hydrogen infrastructure. (Added by Stats. 2022, Ch. 363, Sec. 2. (SB 1075) Effective January 1, 2023.)
  61. 38562.1.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

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    If the state board starts a qualifying rulemaking to update the market-based compliance mechanism, the chairperson must report to legislative committees, the board must send economic analyses and the public agenda, and requested hearings must be made available.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38562.1. (a) If the state board initiates a regulatory process to update the market-based compliance mechanism, consistent with Section 38562, that is expected to be a major regulation as defined in Section 11342.548 of the Government Code, the chairperson of the state board shall present to the Joint Legislative Committee on Climate Change Policies and other relevant policy committees of the Legislature on the current state of the market-based compliance mechanism and provide the rationale for updating the market-based compliance mechanism, including the specific issues that the update is meant to address. The presentation by the chairperson of the state board pursuant to this section shall satisfy the requirements of subdivision (b) of Section 9147.10 of the Government Code and subdivision (b) of Section 38531 of this code for the year in which the presentation occurs. (b) The state board shall transmit the economic analyses required by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code for a regulatory process subject to subdivision (a) to the Joint Legislative Committee on Climate Change Policies and the relevant budget subcommittees. Within 30 days of that transmittal, if requested by the chair of the Joint Legislative Committee on Climate Change Policies or the chairs of the relevant policy committees or budget subcommittees of the Legislature, the chairperson of the state board shall make themselves available for a hearing on the proposed regulatory amendments. (c) The state board shall transmit to the Joint Legislative Committee on Climate Change Policies and other relevant policy committees of the Legislature the public agenda, when it is available, for the board meeting at which the amendments for a rulemaking under the regulatory process subject to subdivision (a) will be considered by the state board. If requested by the chair of the Joint Legislative Committee on Climate Change Policies or the chairs of the relevant policy committees or budget subcommittees of the Legislature, the chairperson of the state board shall make themselves available for a hearing on the amendments. (d) The legislative hearings and notifications in this section shall not delay the state board’s rulemaking process pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (e) This section shall remain in effect only until January 1, 2046, and as of that date is repealed. (Added by Stats. 2025, Ch. 117, Sec. 5. (AB 1207) Effective September 19, 2025. Repealed as of January 1, 2046, by its own provisions.)
  62. 38562.2.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

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    This section names the California Climate Crisis Act and sets state climate policy goals, including net zero emissions by 2045 and reporting duties for the state board and the Legislative Analyst’s Office.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38562.2. (a) This section shall be known, and may be cited, as the California Climate Crisis Act. (b) For purposes of this section, “net zero greenhouse gas emissions” means emissions of greenhouse gases, as defined in subdivision (g) of Section 38505, to the atmosphere are balanced by removals of greenhouse gas emissions over a period of time, as determined by the state board. (c) It is the policy of the state to do both of the following: (1) Achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, and to achieve and maintain net negative greenhouse gas emissions thereafter. This goal is in addition to, and does not replace or supersede, the statewide greenhouse gas emissions reduction targets in Section 38566. (2) Ensure that by 2045, statewide anthropogenic greenhouse gas emissions are reduced to at least 85 percent below the statewide greenhouse gas emissions limit established pursuant to Section 38550. (d) The state board shall work with relevant state agencies to do both of the following: (1) Ensure that updates to the scoping plan required pursuant to Section 38561 identify and recommend measures to achieve the policy goals stated in subdivision (c). (2) Identify and implement a variety of policies and strategies that enable carbon dioxide removal solutions and carbon capture, utilization, and storage technologies in California to complement emissions reductions and achieve the policy goals stated in subdivision (c). (e) (1) By December 31, 2035, the state board shall evaluate the feasibility and tradeoffs of achieving the policy goal stated in paragraph (2) of subdivision (c) relative to alternative scenarios that achieve the policy goals stated in paragraph (1) of subdivision (c), and report its findings and recommendations to the Legislature. (2) The state board shall report to the Joint Legislative Committee on Climate Change Policies annually on progress toward the goals stated in subdivision (c). (3) As part of its annual reporting requirements pursuant to Section 38592.6, the Legislative Analyst’s Office, until January 1, 2030, shall conduct independent analyses of the state’s progress toward the goals stated in subdivision (c) and shall prepare an annual report detailing its review, which may include recommendations for improvements in state actions taken to achieve the goals stated in subdivision (c). When appropriate, these annual reports may incorporate reviews of the state board’s evaluation and reporting practices, and may include recommendations for potential changes to advance transparency and accountability. A report prepared pursuant to this paragraph shall be made available to the public. (Amended by Stats. 2023, Ch. 51, Sec. 13. (SB 122) Effective July 10, 2023.)
  63. 38562.3.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    The state board must study offsets and report to the Legislature by December 31, 2026, update compliance offset protocols by January 1, 2029, and then evaluate those protocols every five years starting January 1, 2034.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38562.3. (a) (1) No later than December 31, 2026, the state board shall conduct a study and report to the Legislature, in accordance with Section 9795 of the Government Code, on all of the following related to offsets: (A) Evaluation of the contribution of offset projects to progress toward California’s climate goals. (B) Evaluation of the potential for changes to the definition of “direct environmental benefits in the state” for purposes of subparagraph (E) of paragraph (2) of subdivision (c) of Section 38562. (C) Recommendations on how instate offset projects could be more attractive for development. (D) Recommendations for alternative valuation methodologies or criteria for instate offset projects, particularly projects that support the goals of Section 38561.5 of this code or subdivision (b) of Section 71450 of the Public Resources Code. (2) Pursuant to Section 10231.5 of the Government Code, this subparagraph shall become inoperative on December 31, 2030. (b) No later than January 1, 2029, the state board shall update all existing compliance offset protocols to ensure that the compliance offset protocols reflect the best available science, including, but not limited to, consideration of compliance offset protocols in other carbon markets, crediting mechanisms established under Article 6.4 of the Paris Agreement adopted by the United Nations Climate Change Conference (COP21) in Paris, France, on December 12, 2015, also known as the Paris Agreement Crediting Mechanism, academic research, and industry best practices, that prioritize offset quality. (c) No later than January 1, 2034, and every five years thereafter, the state board shall evaluate all compliance offset protocols and consider whether updates are necessary to ensure that the compliance offset protocols reflect the best available science, including consideration of items specified in subdivision (b). (Added by Stats. 2025, Ch. 121, Sec. 2. (SB 840) Effective September 19, 2025.)
  64. 38562.4.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    State agencies are directed to aim for net-zero greenhouse gas emissions from their operations by 2035, and the Department of General Services must publish inventories, plans, updates, assistance, and progress reports.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38562.4. (a) For purposes of this section, the following definitions apply: (1) “Scope 1 emissions” means all direct emissions from sources that are owned or controlled by the state agency, including, but not limited to, emissions from onsite fossil fuel combustion and fleet fuel consumption. (2) “Scope 2 emissions” means all indirect emissions from sources that are owned or controlled by the state agency, including, but not limited to, emissions that result from the generation of electricity, heat, or steam purchased by the state agency from a utility provider. (3) “State agency” means any state agency, board, department, or commission. (b) It is the intent of the Legislature that all state agencies aim to achieve net-zero emissions of greenhouse gases resulting from their operations, including scope 1 and scope 2 emissions, no later than January 1, 2035, or as soon as feasible thereafter. (c) In making progress toward the goal set forth in subdivision (b), the Department of General Services, in consultation with the State Air Resources Board, shall, to the extent feasible, do all of the following: (1) On or before July 1, 2024, and annually thereafter until the goal set forth in subdivision (b) has been achieved, publish on its internet website or other publicly available location, an inventory of the greenhouse gas emissions of state agencies for the prior calendar year. (2) On or before January 1, 2026, develop and publish, on its internet website or other publicly available location, a plan that describes required actions and investments for achieving the goal set forth in subdivision (b) and an estimate of the costs associated with the required actions and investments. (3) Beginning June 30, 2028, and every two years thereafter until the goal set forth in subdivision (b) has been achieved, develop and publish, on its internet website or other publicly available location, an updated plan that includes a description of state agencies’ progress, and any changes to the required actions and investments, toward achieving the goal set forth in subdivision (b). (4) Ensure that the required actions and investments identified pursuant to paragraphs (2) and (3) are incorporated into the sustainability roadmaps of all state agencies. (5) Subject to an appropriation by the Legislature, provide information, training, coordination, best practices, and other technical assistance to state agencies to help those state agencies implement the required actions and investments identified pursuant to paragraphs (2) and (3). (d) State agencies shall incorporate the required actions and investments identified pursuant to subdivision (c) into their future budget proposals, subject to appropriation by the Legislature, in order to achieve the goal set forth in subdivision (b). (e) Beginning December 31, 2027, and every two years thereafter, until the goal set forth in subdivision (b) is achieved, the Department of General Services shall report to the Legislature on the progress toward achieving that goal, including on both of the following: (1) The overall greenhouse gas emissions from all state agencies and a summary of actions taken by state agencies since the submission of the last report. (2) Barriers that are hindering progress and suggested actions that the Legislature could take to reduce those barriers. (Added by Stats. 2022, Ch. 368, Sec. 1. (SB 1203) Effective January 1, 2023.)
  65. 38562.5.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    When the state board adopts rules and regulations for this division, it must follow Section 38562(b), consider greenhouse gas social costs, and prioritize certain emission-reduction rules.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38562.5. When adopting rules and regulations pursuant to this division to achieve emissions reductions beyond the statewide greenhouse gas emissions limit and to protect the state’s most impacted and disadvantaged communities, the state board shall follow the requirements in subdivision (b) of Section 38562, consider the social costs of the emissions of greenhouse gases, and prioritize both of the following: (a) Emission reduction rules and regulations that result in direct emission reductions at large stationary sources of greenhouse gas emissions and direct emission reductions from mobile sources. (b) Emission reduction rules and regulations that result in direct emission reductions from sources other than those specified in subdivision (a). (Amended by Stats. 2017, Ch. 561, Sec. 119. (AB 1516) Effective January 1, 2018.)
  66. 38562.7.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    Each scoping plan update under Section 38561 must identify specified information for each emissions reduction measure.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38562.7. Each scoping plan update developed pursuant to Section 38561 shall identify for each emissions reduction measure, including each alternative compliance mechanism, market-based compliance mechanism, and potential monetary and nonmonetary incentive, the following information: (a) The range of projected greenhouse gas emissions reductions that result from the measure. (b) The range of projected air pollution reductions that result from the measure. (c) The cost-effectiveness, including avoided social costs, of the measure. (Amended by Stats. 2017, Ch. 561, Sec. 120. (AB 1516) Effective January 1, 2018.)
  67. 38563.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    This section says the division does not stop the state board from adopting or imposing greenhouse gas limits or reduction measures before the stated dates, or from giving early reduction credit when appropriate.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38563. Nothing in this division restricts the state board from adopting greenhouse gas emission limits or emission reduction measures prior to January 1, 2011, imposing those limits or measures prior to January 1, 2012, or providing early reduction credit where appropriate. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  68. 38564.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    The state board must consult with other states, the federal government, and other nations on strategies to reduce greenhouse gases and develop coordinated greenhouse gas reduction programs.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38564. The state board shall consult with other states, and the federal government, and other nations to identify the most effective strategies and methods to reduce greenhouse gases, manage greenhouse gas control programs, and to facilitate the development of integrated and cost-effective regional, national, and international greenhouse gas reduction programs. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  69. 38565.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    The state board must make greenhouse gas reduction programs and incentives steer investment toward disadvantaged communities and help small businesses, schools, housing associations, and similar community groups participate and benefit.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38565. The state board shall ensure that the greenhouse gas emission reduction rules, regulations, programs, mechanisms, and incentives under its jurisdiction, where applicable and to the extent feasible, direct public and private investment toward the most disadvantaged communities in California and provide an opportunity for small businesses, schools, affordable housing associations, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  70. 38566.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    The state board must adopt rules and regulations to achieve maximum feasible greenhouse gas reductions and ensure statewide emissions are at least 40% below the statewide limit by December 31, 2030.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38566. In adopting rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions authorized by this division, the state board shall ensure that statewide greenhouse gas emissions are reduced to at least 40 percent below the statewide greenhouse gas emissions limit no later than December 31, 2030. (Added by Stats. 2016, Ch. 249, Sec. 2. (SB 32) Effective January 1, 2017.)
  71. 38568.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    If the Legislature appropriates money for this section, the state board must create processes, gather data, contract with UC or CSU, and use that information to improve emissions estimates and funding recommendations for its incentive programs.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS [38560 - 38568] ( Part 4 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38568. (a) Contingent upon appropriation by the Legislature, to better assist the state in achieving its greenhouse gas emissions reduction goals, the state board shall do all of the following with respect to incentive programs administered by the state board: (1) To improve the state board’s ability to isolate the greenhouse gas emissions reductions for each of its incentive programs, the state board shall establish a process to formally identify any overlap among any incentive programs that share the same objectives. (2) To improve its ability to identify the effectiveness of each of its incentive programs in reducing greenhouse gas emissions, the state board shall develop a process to define, collect, and evaluate data on the behavioral changes that result from each of its incentive programs. (3) To better demonstrate that its incentive programs are as effective as possible in achieving specific socioeconomic benefits, the state board shall develop a process to define, collect, and evaluate data that will translate to metrics demonstrating the socioeconomic benefits that result from each of its incentive programs. (4) The state board shall enter into a contract with either the University of California or the California State University to collect the information necessary to better isolate greenhouse gas emission reductions and socioeconomic benefits ascribed to its incentive programs. The findings from that contract shall inform the processes and methodologies implemented by the state board. (5) (A) The state board shall use the information collected pursuant to paragraphs (1) and (2) to refine any greenhouse gas emissions estimates of its incentive programs that are included in its annual reports to the Legislature, funding plans, or any long-term planning documents or reports. (B) The state board shall use the metrics and data collected pursuant to paragraph (3) to make any funding and design recommendations in its annual reports to the Legislature or funding plans based on the efficacy and costs of its incentive programs in providing socioeconomic benefits. (b) The state board shall complete the requirements of paragraphs (1) to (4), inclusive, of subdivision (a) within three years of receiving an appropriation from the Legislature for the purposes of this section. (c) For purposes of this section, “incentive program” means an incentive program administered by the state board that is included in the audit entitled “California Air Resources Board: Improved Program Measurement Would Help California Work More Strategically to Meet Its Climate Change Goals” (Report Number 2020-114) conducted by the California State Auditor. (Added by Stats. 2021, Ch. 714, Sec. 1. (AB 1261) Effective January 1, 2022.)
  72. 38570.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 5. MARKET-BASED COMPLIANCE MECHANISMS [38570 - 38574] ( Part 5 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    The state board may use market-based compliance mechanisms in regulations and must adopt rules for how regulated entities can use them to meet greenhouse gas limits.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 5. MARKET-BASED COMPLIANCE MECHANISMS [38570 - 38574] ( Part 5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38570. (a) The state board may include in the regulations adopted pursuant to Section 38562 the use of market-based compliance mechanisms to comply with the regulations. (b) Prior to the inclusion of any market-based compliance mechanism in the regulations, to the extent feasible and in furtherance of achieving the statewide greenhouse gas emissions limit, the state board shall do all of the following: (1) Consider the potential for direct, indirect, and cumulative emission impacts from these mechanisms, including localized impacts in communities that are already adversely impacted by air pollution. (2) Design any market-based compliance mechanism to prevent any increase in the emissions of toxic air contaminants or criteria air pollutants. (3) Maximize additional environmental and economic benefits for California, as appropriate. (c) The state board shall adopt regulations governing how market-based compliance mechanisms may be used by regulated entities subject to greenhouse gas emission limits and mandatory emission reporting requirements to achieve compliance with their greenhouse gas emissions limits. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  73. 38571.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 5. MARKET-BASED COMPLIANCE MECHANISMS [38570 - 38574] ( Part 5 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    The state board must adopt methodologies to quantify voluntary greenhouse gas emission reductions and regulations to verify and enforce authorized reductions used for compliance.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 5. MARKET-BASED COMPLIANCE MECHANISMS [38570 - 38574] ( Part 5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38571. The state board shall adopt methodologies for the quantification of voluntary greenhouse gas emission reductions. The state board shall adopt regulations to verify and enforce any voluntary greenhouse gas emission reductions that are authorized by the state board for use to comply with greenhouse gas emission limits established by the state board. The adoption of methodologies is exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  74. 38574.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 5. MARKET-BASED COMPLIANCE MECHANISMS [38570 - 38574] ( Part 5 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    This section says the state board does not get authority from this part or Part 4 to change other state agencies’ greenhouse-gas-reduction programs.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 5. MARKET-BASED COMPLIANCE MECHANISMS [38570 - 38574] ( Part 5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38574. Nothing in this part or Part 4 (commencing with Section 38560) confers any authority on the state board to alter any programs administered by other state agencies for the reduction of greenhouse gas emissions. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  75. 38580.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 6. ENFORCEMENT [38580- 38580.] ( Part 6 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    The state board must monitor and enforce the division’s rules and related measures, and it may create a method for converting violations into days of violation for penalty purposes.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 6. ENFORCEMENT [38580- 38580.] ( Part 6 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38580. (a) The state board shall monitor compliance with and enforce any rule, regulation, order, emission limitation, emissions reduction measure, or market-based compliance mechanism adopted by the state board pursuant to this division. (b) (1) Any violation of any rule, regulation, order, emission limitation, emissions reduction measure, or other measure adopted by the state board pursuant to this division may be enjoined pursuant to Section 41513, and the violation is subject to those penalties set forth in Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with Section 43025) of Part 5 of, Division 26. (2) Any violation of any rule, regulation, order, emission limitation, emissions reduction measure, or other measure adopted by the state board pursuant to this division shall be deemed to result in an emission of an air contaminant for the purposes of the penalty provisions of Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with Section 43025) of Part 5 of, Division 26. (3) The state board may develop a method to convert a violation of any rule, regulation, order, emission limitation, or other emissions reduction measure adopted by the state board pursuant to this division into the number of days in violation, where appropriate, for the purposes of the penalty provisions of Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with Section 43025) of Part 5 of, Division 26. (c) Section 42407 and subdivision (i) of Section 42410 shall not apply to this part. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  76. 38590.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    If the regulations under Section 43018.5 stop being in effect, the state board must adopt alternative regulations for mobile sources of greenhouse gas emissions.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38590. If the regulations adopted pursuant to Section 43018.5 do not remain in effect, the state board shall implement alternative regulations to control mobile sources of greenhouse gas emissions to achieve equivalent or greater reductions. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  77. 38590.1.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    On request, the state board and certain other agencies must appear annually before specified legislative committees to present on expenditures of allowance-auction funds.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38590.1. (a) It is the intent of the Legislature that moneys collected from the auction or sale of allowances pursuant to a market-based compliance mechanism established pursuant to this division shall be appropriated to include, but need not be limited to, the following priorities at the time an expenditure plan is adopted: (1) Air toxic and criteria air pollutants from stationary and mobile sources. (2) Low- and zero-carbon transportation alternatives. (3) Sustainable agricultural practices that promote the transitions to clean technology, water efficiency, and improved air quality. (4) Healthy forests and urban greening. (5) Nature-based climate solutions, as defined in Section 38561.5. (6) Short-lived climate pollutants. (7) Climate adaptation and resiliency. (8) Climate and clean energy research. (b) Upon request of the chair of the Joint Legislative Committee on Climate Change Policies or the chair of the relevant budget subcommittees, the state board and any other agencies that have implemented programs funded using moneys collected from the auction or sale of allowances pursuant to a market-based compliance mechanism established pursuant to this division shall annually appear before the Joint Legislative Committee on Climate Change Policies and the relevant budget subcommittees of the Legislature to give a presentation on the expenditures of those moneys. (c) This section shall remain in effect only until January 1, 2046, and as of that date is repealed. (Amended by Stats. 2025, Ch. 117, Sec. 6. (AB 1207) Effective September 19, 2025. Repealed as of January 1, 2046, by its own provisions.)
  78. 38591.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

    Verify source ↗

    The state board must create two advisory committees, including an environmental justice committee of at least three members by July 1, 2007.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38591. (a) The state board, by July 1, 2007, shall convene an environmental justice advisory committee, of at least three members, to advise it in developing the scoping plan pursuant to Section 38561 and any other pertinent matter in implementing this division. The advisory committee shall be comprised of representatives from communities in the state with the most significant exposure to air pollution, including, but not limited to, communities with minority populations or low-income populations, or both. (b) The state board shall appoint the advisory committee members from nominations received from environmental justice organizations and community groups. (c) The state board shall provide reasonable per diem for attendance at advisory committee meetings by advisory committee members from nonprofit organizations. (d) The state board shall appoint an Economic and Technology Advancement Advisory Committee to advise the state board on activities that will facilitate investment in and implementation of technological research and development opportunities, including, but not limited to, identifying new technologies, research, demonstration projects, funding opportunities, developing state, national, and international partnerships and technology transfer opportunities, and identifying and assessing research and advanced technology investment and incentive opportunities that will assist in the reduction of greenhouse gas emissions. The committee may also advise the state board on state, regional, national, and international economic and technological developments related to greenhouse gas emission reductions. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  79. 38591.1.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must appoint members to the Compliance Offsets Protocol Task Force, and the task force must review additional offset protocols and prepare recommendations for the state board.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38591.1. (a) The Compliance Offsets Protocol Task Force is hereby established to provide guidance to the state board in approving new offset protocols for a market-based compliance mechanism for the purposes of increasing offset projects with direct environmental benefits in the state while prioritizing disadvantaged communities, Native American or tribal lands, and rural and agricultural regions. The state board shall appoint members to the Compliance Offsets Protocol Task Force to include a representative from each stakeholder group, including, but not limited to, all of the following: (1) Scientists. (2) Air pollution control and air quality management districts. (3) Carbon market experts. (4) Tribal representatives. (5) Environmental justice advocates. (6) Labor and workforce representatives. (7) Forestry experts. (8) Agriculture experts. (9) Environmental advocates. (10) Conservation advocates. (11) Dairy experts. (b) The Compliance Offsets Protocol Task Force shall consider the development of additional offset protocols, including, but not limited to, protocols for the enhanced management or conservation of agricultural and natural lands, and for the enhancement and restoration of wetlands. (c) The Compliance Offsets Protocol Task Force shall develop recommendations for the state board on the inclusion of methodologies to allow groups of landowners to jointly develop natural and working lands offset projects under the approved offset protocols. The recommendations shall address how to lower project transaction costs for participants and enable a greater number of landowners to participate in those projects while protecting the integrity and transparency of those projects. (d) This section shall remain in effect only until January 1, 2046, and as of that date is repealed. (Amended by Stats. 2025, Ch. 117, Sec. 7. (AB 1207) Effective September 19, 2025. Repealed as of January 1, 2046, by its own provisions.)
  80. 38591.2.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

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    This section creates the Independent Emissions Market Advisory Committee, sets its membership and appointment rules, requires annual public meetings and reports, exempts the committee’s activities from one Government Code provision, and sunsets the section on January 1, 2046.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38591.2. (a) The Independent Emissions Market Advisory Committee is hereby established within the California Environmental Protection Agency. (b) (1) (A) The committee shall be composed of at least five experts on emissions trading market design appointed according to the following: (i) Three members appointed by the Governor. (ii) One member appointed by the Senate Committee on Rules. (iii) One member appointed by the Speaker of the Assembly. (B) (i) The committee shall include a representative from the Legislative Analyst’s Office. (ii) The representative from the Legislative Analyst’s Office shall be a nonvoting committee member. (2) The committee members shall meet all of the following requirements: (A) Have academic, nonprofit, and other relevant backgrounds. (B) Lack financial conflicts of interest with entities subject to the regulation adopted by the state board pursuant to subdivision (c) of Section 38562. (3) Notwithstanding any other law, committee members shall be considered designated employees, as defined in Section 82019 of the Government Code, of the California Environmental Protection Agency for the purposes of Section 82019 of the Government Code. (c) The committee, at least annually, shall hold a public meeting and report to both the state board and the Joint Legislative Committee on Climate Change Policies on the environmental and economic performance of the regulation adopted by the state board pursuant to subdivision (c) of Section 38562 and other relevant climate policies. (d) The activities of the committee pursuant to this section shall not be subject to subdivision (b) of Section 11122.5 of the Government Code. (e) This section shall remain in effect only until January 1, 2046, and as of that date is repealed. (Amended by Stats. 2025, Ch. 117, Sec. 8. (AB 1207) Effective September 19, 2025. Repealed as of January 1, 2046, by its own provisions.)
  81. 38591.3.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The California Workforce Development Board must report to the Legislature by January 1, 2019, and the report must align as appropriate with the state workforce plan.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38591.3. (a) No later than January 1, 2019, the California Workforce Development Board, in consultation with the state board, shall report to the Legislature on the need for increased education, career technical education, job training, and workforce development resources or capacity to help industry, workers, and communities transition to economic and labor-market changes related to statewide greenhouse gas emissions reduction goals, pursuant to Sections 38550 and 38566, and the scoping plan, adopted pursuant to Section 38561. The California Workforce Development Board shall ensure that the report aligns, as appropriate, with California’s Unified Strategic Workforce Development Plan, developed by the California Workforce Development Board. The California Workforce Development Board and the state board shall work in consultation with all of the following: (1) State Department of Education. (2) California Community Colleges. (3) Trustees of the California State University. (4) Regents of the University of California. (5) Governor’s Office of Business and Economic Development. (6) Interested stakeholders. (b) The report to the Legislature shall address all of the following: (1) Creating and retaining jobs and stimulating economic activity in the state. (2) Imbedding workforce training and employment services in infrastructure investments so that services more directly connect to the jobs created. (3) The use of community benefits agreements, community workforce agreements, and project labor agreements that connect workforce services and job training directly to jobs impacted or jobs created. (4) Preparing the state’s students with relevant career technical education that responds to business and industry demands. (5) Developing worker retraining programs to assist the existing workforce with the necessary tools to upgrade their skills. (6) Responding to the job creation and workforce needs of the state’s new and emerging industries, including emerging technologies that will result in greater greenhouse gas emissions reductions. (7) Developing job training programs to assist specific populations, such as at-risk youth, displaced workers, veterans, the formerly incarcerated, and others facing barriers to employment. (8) Opportunities for community-based organizations to partner with local workforce agencies to improve the labor-market outcomes of targeted disadvantaged populations. (9) Targeting workforce development programs and activities in disadvantaged communities, as identified pursuant to Section 39711, and communities that are located near entities regulated by the state board pursuant to this division. (10) Identifying and leveraging state and federal funding resources to implement the recommendations made in the report consistent with the regulatory purposes of this division. (c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by Stats. 2017, Ch. 135, Sec. 9. (AB 398) Effective July 25, 2017. Repealed as of January 1, 2031, by its own provisions.)
  82. 38592.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

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    State agencies must consider and implement strategies to reduce their greenhouse gas emissions.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38592. (a) All state agencies shall consider and implement strategies to reduce their greenhouse gas emissions. (b) Nothing in this division shall relieve any person, entity, or public agency of compliance with other applicable federal, state, or local laws or regulations, including state air and water quality requirements, and other requirements for protecting public health or the environment. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  83. 38592.1.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

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    CCST is asked, at its discretion, to assess every three years which infrastructure projects are needed to meet California’s energy, climate change, and air quality goals, and to keep that assessment updated.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38592.1. (a) Every three years, the California Council on Science and Technology (CCST), in its mission to increase collaboration among agencies and scientists and convene stakeholders across institutions, is requested, at its discretion, to assess the infrastructure project types, scale, and pace necessary to achieve the state’s energy, climate change, and air quality goals, including, but not limited to, the goals established pursuant to Sections 38561.5, 38562.2, 38566, 39730.5, and 39730.6 of this code, and the goals established pursuant to Section 454.53 of the Public Utilities Code. In preparing the assessment, the materials CCST reviews shall include, but not be limited to, the most current versions of all of the following reports and plans: (1) The integrated energy policy report prepared pursuant to Section 25302 of the Public Resources Code. (2) The integrated resource plans filed pursuant to Section 454.52 of the Public Utilities Code. (3) The joint reliability progress report issued pursuant to Section 913.11 of the Public Utilities Code. (4) The report produced by the Independent System Operator on the 20-year transmission outlook. (5) The reports prepared by the state board pursuant to Section 38561.8 and paragraph (1) of subdivision (d) of Section 44274. (6) The scoping plan prepared pursuant to Section 38561. (7) The report prepared by the State Energy Resources Conservation and Development Commission pursuant to Section 25307 of the Public Resources Code. (b) The list of infrastructure projects the CCST shall assess pursuant to subdivision (a) may include, but are not limited to, all of the following project types: (1) Deployment of, or upgrades to, utility-scale and distributed renewable and carbon-free energy capacity, substations, transformers, transmission and distribution lines, and biomethane and renewable hydrogen production and distribution. (2) Deployment of, or upgrades to, electric vehicle charging stations, hydrogen refueling stations, petroleum refinery conversions, sustainable aviation fuels, and other low-carbon and carbon-free transportation fuels projects. (3) Deployment and retrofitting of buildings to reduce greenhouse gas emissions. (4) Deployment of, or upgrades to, industrial processes to reduce greenhouse gas emissions. (5) Projects for the reduction and mitigation of short-lived climate pollutants, including, but not limited to, methane, hydrofluorocarbon gases, and anthropogenic black carbon. (6) Natural carbon sequestration and nature-based climate solutions. (7) Carbon capture, utilization, and sequestration projects. (8) Projects for the reduction and mitigation of criteria air pollutants. (9) Any other project types necessary to achieve the state’s energy, climate change, and air quality goals, including, but not limited to, the goals established pursuant to Sections 38561.5, 38562.2, 38566, 39730.5, and 39730.6 of this code, and the goals established pursuant to Section 454.53 of the Public Utilities Code. (c) CCST is requested, at its discretion, to commit to regular updates of the assessment and to rapidly incorporate new research into the assessment. (Amended by Stats. 2024, Ch. 353, Sec. 1. (AB 1533) Effective January 1, 2025.)
  84. 38592.5.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board must update the scoping plan by January 1, 2018, designate the market-based compliance mechanism for petroleum refineries and oil and gas production facilities, and keep its greenhouse gas rules consistent with the updated scoping plan.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38592.5. (a) (1) No later than January 1, 2018, the state board shall update the scoping plan, prepared pursuant to Section 38561, to achieve the greenhouse gas emissions reductions required pursuant to Section 38562.2 or 38566. The state board shall designate the market-based compliance mechanism adopted pursuant to subdivision (c) of Section 38562 as the rule for petroleum refineries and oil and gas production facilities to achieve their greenhouse gas emissions reductions. (2) All greenhouse gas rules and regulations adopted by the state board shall be consistent with the updated scoping plan. (3) This section does not limit the state board’s authority to adopt, maintain, or revise any other measure, including, but not limited to, any of the following: (A) Measures governing methane and fugitive emissions at refineries and oil and gas facilities. (B) Advanced clean cars program adopted by the state board. (C) Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations). (D) Regulations addressing short-lived climate pollutants. (E) Implementation of the sustainable freight action plan released in July 2015 pursuant to Executive Order B-32-15. (b) This section shall remain in effect only until January 1, 2046, and as of that date is repealed. (Amended by Stats. 2025, Ch. 117, Sec. 9. (AB 1207) Effective September 19, 2025. Repealed as of January 1, 2046, by its own provisions.)
  85. 38592.6.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The Legislative Analyst’s Office must report annually to the Legislature on the economic impacts and benefits of specified greenhouse gas emissions targets until January 1, 2046.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38592.6. (a) The Legislative Analyst’s Office shall, until January 1, 2046, annually report to the Legislature on the economic impacts and benefits of the greenhouse gas emissions targets established pursuant to Sections 38550, 38562.2, and 38566. (b) This section shall remain in effect only until January 1, 2046, and as of that date is repealed. (Amended by Stats. 2025, Ch. 117, Sec. 10. (AB 1207) Effective September 19, 2025. Repealed as of January 1, 2046, by its own provisions.)
  86. 38593.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

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    This section says the division does not change the Public Utilities Commission’s authority or an electrical corporation’s duty to provide safe and reliable electric service.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38593. (a) Nothing in this division affects the authority of the Public Utilities Commission. (b) Nothing in this division affects the obligation of an electrical corporation to provide customers with safe and reliable electric service. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  87. 38595.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

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    This section says the division does not bar new facilities or expansions of existing facilities when the applicable requirements are met and the facility complies with regulations under the division.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38595. Nothing in this division shall preclude, prohibit, or restrict the construction of any new facility or the expansion of an existing facility subject to regulation under this division, if all applicable requirements are met and the facility is in compliance with regulations adopted pursuant to this division. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  88. 38596.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

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    This division is severable: if one provision or its application is invalid, the rest can still be effective.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38596. The provisions of this division are severable. If any provision of this division or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  89. 38597.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The state board may adopt, after a public workshop, a regulation setting fees for regulated greenhouse gas emission sources.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38597. The state board may adopt by regulation, after a public workshop, a schedule of fees to be paid by the sources of greenhouse gas emissions regulated pursuant to this division, consistent with Section 57001. The revenues collected pursuant to this section, shall be deposited into the Air Pollution Control Fund and are available upon appropriation, by the Legislature, for purposes of carrying out this division. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  90. 38598.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

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    State entities keep their existing authority to adopt and implement greenhouse gas emissions reduction measures, and they must still comply with existing law and regulation.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38598. (a) Nothing in this division shall limit the existing authority of a state entity to adopt and implement greenhouse gas emissions reduction measures. (b) Nothing in this division shall relieve any state entity of its legal obligations to comply with existing law or regulation. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  91. 38599.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. )

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    The Governor may adjust certain regulatory deadlines during extraordinary circumstances, catastrophic events, or threats of significant economic harm, and must notify the Legislature in writing within 10 days after doing so.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 7. Miscellaneous Provisions [38590 - 38599] ( Part 7 added by Stats. 2006, Ch. 488, Sec. 1. ) ## 38599. (a) In the event of extraordinary circumstances, catastrophic events, or threat of significant economic harm, the Governor may adjust the applicable deadlines for individual regulations, or for the state in the aggregate, to the earliest feasible date after that deadline. (b) The adjustment period may not exceed one year unless the Governor makes an additional adjustment pursuant to subdivision (a). (c) Nothing in this section affects the powers and duties established in the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). (d) The Governor shall, within 10 days of invoking subdivision (a), provide written notification to the Legislature of the action undertaken. (Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
  92. 38599.10.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 8. California Jobs Plan Act of 2021 [38599.10 - 38599.11] ( Part 8 added by Stats. 2021, Ch. 746, Sec. 2. )

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    This section defines key terms used in Part 8 of the California Jobs Plan Act of 2021.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 8. California Jobs Plan Act of 2021 [38599.10 - 38599.11] ( Part 8 added by Stats. 2021, Ch. 746, Sec. 2. ) ## 38599.10. For purposes of this part, the following definitions apply: (a) “Access” means that an individual who lives in an under-resourced, tribal, or low-income community could reasonably access all services and resources needed to compete for a job, including overcoming barriers to employment or attaining a high-quality job. (b) “Administering agencies” means state agencies administering grant programs funded by moneys from the Greenhouse Gas Reduction Fund. (c) “Applicant” means an entity applying for resources from the Greenhouse Gas Reduction Fund. (d) “Community workforce agreement” means a project labor agreement that includes a targeted hire plan. (e) “Contractor” means an individual identified pursuant to Section 3353 of the Labor Code. (f) “Employee” means an individual identified pursuant to Sections 3351 to 3352.94, inclusive, of the Labor Code. (g) “Employer” means an entity or individual that compensates an employee. (h) “Greenhouse Gas Reduction Fund” means the fund created pursuant to Section 16428.8 of the Government Code. (i) “High-quality job” means a job that facilitates economic mobility by providing retirement benefits, vacation and sick leave, training opportunities, and wages at or above the average median wage of a region. (j) “Job” means full- or part-time employment for a person who is considered an employee. (k) “Labor agency” means the Labor and Workforce Development Agency. (l) “Prevailing wage” means the basic hourly rate paid on public works projects to a majority of workers engaged in a particular craft, classification, or type of work within the locality of a project and in the nearest labor market area. (m) “Procurement” means a process by which an entity solicits competitive bids for a project or service. (n) “Project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (o) “Retirement benefits” means an employer-provided retirement plan that is partially or fully paid for by the employer. (p) “Targeted hire plan” means a strategy from an applicant to demonstrate how the applicant will create jobs for under-resourced, tribal, and low-income communities, and how the applicant will ensure access to those jobs. (q) “Tribal” or “tribe” means either of the following: (1) A federally recognized tribal government located in California that is identified on the most recent list published in the Federal Register by the United States Bureau of Indian Affairs. (2) A nonfederally recognized tribal government located in California, including those listed on the California Tribal Consultation List maintained by the Native American Heritage Commission. (r) “Under-resourced, tribal, and low-income community” means either of the following: (1) A community identified pursuant to subdivision (g) of Section 71130 of the Public Resources Code. (2) Members of a tribe. (Added by Stats. 2021, Ch. 746, Sec. 2. (AB 680) Effective January 1, 2022.)
  93. 38599.11.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 8. California Jobs Plan Act of 2021 [38599.10 - 38599.11] ( Part 8 added by Stats. 2021, Ch. 746, Sec. 2. )

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    This section sets conditions for certain Greenhouse Gas Reduction Fund grant applicants, requires a guideline update by July 1, 2025, and gives agencies preference rules after the update takes effect.

    ## Health and Safety Code - HSC ## DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500 - 38599.11] ( Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1. ) ## PART 8. California Jobs Plan Act of 2021 [38599.10 - 38599.11] ( Part 8 added by Stats. 2021, Ch. 746, Sec. 2. ) ## 38599.11. (a) On or before July 1, 2025, the state board shall work with the labor agency to update Greenhouse Gas Reduction Fund funding guidelines for administering agencies to ensure that all applicants to grant programs listed in Section 39719 and funded by the Greenhouse Gas Reduction Fund meet all of the following standards: (1) Fair and responsible employer standards, meaning documented compliance with applicable labor laws and labor-related commitments concerning wages, workplace safety, rights to association and assembly, and nondiscrimination standards. (2) Inclusive procurement policies, meaning applicant procurement policies that prioritize bids from entities that demonstrate the creation of high-quality jobs or the creation of jobs in under-resourced, tribal, and low-income communities, or both the creation of high-quality jobs and the creation of jobs in those communities. (3) Prevailing wage for any construction work funded in part or in full by the grant. (b) On and after the adoption of the update pursuant to subdivision (a), all of the following shall apply: (1) Applicants seeking over one million dollars ($1,000,000) in funding for construction projects shall provide evidence of a community workforce agreement. (2) Administering agencies shall give preference to applicants that demonstrate a partnership with an educational institution or training program targeting residents of under-resourced, tribal, and low-income communities in the same region as the proposed project. (3) Administering agencies shall give preference to applicants that demonstrate that jobs created through the proposed project will be high-quality jobs. (c) (1) Applicants for projects that involve federal funding, technical assistance, research, or funding provided pursuant to paragraph (3) or (4) of subdivision (b) of Section 39719 are exempt from this section. (2) This section does not apply to an applicant who is not an employer. (3) (A) This section does not apply to a housing project that will feature 100 percent affordable units, exclusive of a manager’s unit or units. (B) For purposes of this subdivision, “affordable unit” means a unit that is subject to a recorded affordability restriction for 55 years and is either of the following: (i) A rental unit dedicated to persons and families of low income, as defined in Section 50093. (ii) An owner-occupied unit dedicated to persons and families of moderate income, as defined in Section 50093. (d) For purposes of this section, an applicant shall be responsible for ensuring that any contractors employed in service to the project funded meet the standards the applicant outlines in the applicant’s project application. (e) In implementing this section, the state board shall work with administering agencies to leverage existing programs and funding to assist applicants with meeting these standards. (f) This section, including any exemption from this section, does not excuse applicants from complying with any legal requirements that would apply in the absence of this section. (Amended by Stats. 2022, Ch. 202, Sec. 1. (AB 1644) Effective August 29, 2022.)
  94. 39000.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39000 - 39005] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The Legislature states that Californians have a primary interest in environmental quality and that air pollution from waste and refuse is harming health, safety, welfare, and well-being.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39000 - 39005] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 39000. The Legislature finds and declares that the people of the State of California have a primary interest in the quality of the physical environment in which they live, and that this physical environment is being degraded by the waste and refuse of civilization polluting the atmosphere, thereby creating a situation which is detrimental to the health, safety, welfare, and sense of well-being of the people of California. (Repealed and added by Stats. 1975, Ch. 957.)
  95. 39001.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39000 - 39005] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The provision states a policy to protect and improve the state’s ambient air quality through coordinated state, regional, and local action.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39000 - 39005] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 39001. The Legislature, therefore, declares that this public interest shall be safeguarded by an intensive, coordinated state, regional, and local effort to protect and enhance the ambient air quality of the state. Since air pollution knows no political boundaries, the Legislature declares that a regional approach to the problem should be encouraged whenever possible and, to this end, the state is divided into air basins. The state should provide incentives for such regional strategies, respecting, when necessary, existing political boundaries. (Repealed and added by Stats. 1975, Ch. 957.)
  96. 39002.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39000 - 39005] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Local and regional authorities are mainly responsible for air pollution control from non-vehicular sources, while the State Air Resources Board is responsible for vehicular sources, with some exceptions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39000 - 39005] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 39002. Local and regional authorities have the primary responsibility for control of air pollution from all sources other than vehicular sources. The control of vehicular sources, except as otherwise provided in this division, shall be the responsibility of the State Air Resources Board. Except as otherwise provided in this division, including, but not limited to, Sections 41809, 41810, and 41904, local and regional authorities may establish stricter standards than those set by law or by the state board for nonvehicular sources. However, the state board shall, after holding public hearings as required in this division, undertake control activities in any area wherein it determines that the local or regional authority has failed to meet the responsibilities given to it by this division or by any other provision of law. (Repealed and added by Stats. 1975, Ch. 957.)
  97. 39003.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39000 - 39005] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The State Air Resources Board is responsible for coordinating efforts to meet ambient air quality standards, researching air pollution causes and solutions, and addressing pollution caused by motor vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39000 - 39005] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 39003. The State Air Resources Board is the state agency charged with coordinating efforts to attain and maintain ambient air quality standards, to conduct research into the causes of and solution to air pollution, and to systematically attack the serious problem caused by motor vehicles, which is the major source of air pollution in many areas of the state. (Repealed and added by Stats. 1975, Ch. 957.)
  98. 39004.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39000 - 39005] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The reenactment of this division does not affect the existence of any district board or the terms of its members.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39000 - 39005] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 39004. The reenactment of this division by the Legislature during the 1975–76 Regular Session of the Legislature shall have no effect on the existence of any district board, or the terms of any members thereof. (Repealed and added by Stats. 1975, Ch. 957.)
  99. 39005.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39000 - 39005] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    This section says the 1975–76 reenactment of the division does not affect district or state board orders, rules, or regulations unless they are inconsistent with the division.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39000 - 39005] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 39005. The reenactment of this division by the Legislature during the 1975–76 Regular Session of the Legislature shall have no effect on any order, rule, or regulation of any district or of the state board, unless such order, rule, or regulation, as the case may be, is not consistent with the provisions of this division. (Repealed and added by Stats. 1975, Ch. 957.)
  100. 39010.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    This section says chapter definitions control how this division is read, unless the context requires otherwise or the state board later adopts revised rules and regulations under Section 39601.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39010. Unless the context requires otherwise, a definition set forth in this chapter shall govern the construction of this division, unless and until rules and regulations are adopted by the state board pursuant to Section 39601 which revise such definition. (Amended by Stats. 1976, Ch. 1063.)
  101. 39010.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    This section defines “acid deposition” as the wet or dry deposition of acid chemical compounds from the atmosphere.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39010.5. “Acid deposition” means the wet or dry deposition of acid chemical compounds from the atmosphere. (Added by Stats. 1982, Ch. 1473, Sec. 1.)
  102. 39010.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    This section defines “acid deposition precursor” as an air contaminant that may be transformed into an acid gas or particle in the atmosphere.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39010.6. “Acid deposition precursor” means an air contaminant which may be transformed to an acid gas or particle in the atmosphere. (Added by Stats. 1982, Ch. 1473, Sec. 2.)
  103. 39011.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    This section defines “agricultural burning” to include certain open outdoor fires used for listed agricultural, land-management, water-delivery, and wildland vegetation management purposes.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39011. “Agricultural burning” means open outdoor fires used in any of the following: (a) Agricultural operations in the growing of crops or raising of fowl or animals, or open outdoor fires used in forest management, range improvement, or the improvement of land for wildlife and game habitat, or disease or pest prevention. (b) The operation or maintenance of a system for the delivery of water for the purposes specified in subdivision (a). (c) Wildland vegetation management burning. (1) For purposes of this subdivision, wildland vegetation management burning is the use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency, to burn land predominantly covered with chaparral, trees, grass, or standing brush. (2) For purposes of this subdivision, prescribed burning is the planned application and confinement of fire to wildland fuels on lands selected in advance of that application to achieve any of the following objectives: (A) Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels. (B) Watershed management. (C) Range improvement. (D) Vegetation management. (E) Forest improvement. (F) Wildlife habitat improvement. (G) Air quality maintenance. (3) The planned application of fire may include natural or accidental ignition. (Amended by Stats. 2004, Ch. 693, Sec. 1. Effective January 1, 2005.)
  104. 39011.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    This section defines “agricultural source” and limits the state board from revising that definition for this section.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39011.5. (a) “Agricultural source of air pollution” or “agricultural source” means a source of air pollution or a group of sources used in the production of crops, or the raising of fowl or animals located on contiguous property under common ownership or control that meets any of the following criteria: (1) Is a confined animal facility, including, but not limited to, any structure, building, installation, barn, corral, coop, feed storage area, milking parlor, or system for the collection, storage, treatment, and distribution of liquid and solid manure, if domesticated animals, including, but not limited to, cattle, calves, horses, sheep, goats, swine, rabbits, chickens, turkeys, or ducks are corralled, penned, or otherwise caused to remain in restricted areas for commercial agricultural purposes and feeding is by means other than grazing. (2) Is an internal combustion engine used in the production of crops or the raising of fowl or animals, including, but not limited to, an engine subject to Article 1.5 (commencing with Section 41750) of Chapter 3 of Part 4 except an engine that is used to propel implements of husbandry, as that term is defined in Section 36000 of the Vehicle Code, as that section existed on January 1, 2003. Notwithstanding subdivision (b) of Section 39601, the state board may not revise this definition for the purposes of this section. (3) Is a Title V source, as that term is defined in Section 39053.5, or is a source that is otherwise subject to regulation by a district pursuant to this division or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). (b) Any district rule or regulation affecting stationary sources on agricultural operations adopted on or before January 1, 2004, is applicable to an agricultural source. (c) Nothing in this section limits the authority of a district to regulate a source, including, but not limited to, a stationary source that is an agricultural source, over which it otherwise has jurisdiction pursuant to this division, or pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or any rules or regulations adopted pursuant to that act that were in effect on or before January 1, 2003, or to exempt an agricultural source from any requirement otherwise applicable under Section 40724 or 42301.16, based upon a finding by the district in a public hearing that the aggregate emissions from that source do not exceed a de minimis level of more than one ton of particulate matter, nitrogen oxides, or volatile organic compounds per year. (Amended by Stats. 2004, Ch. 183, Sec. 215. Effective January 1, 2005.)
  105. 39012.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    This section defines “air basin” as an area of the state designated by the state board under Section 39606.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39012. “Air basin” means an area of the state designated by the state board pursuant to subdivision (a) of Section 39606. (Repealed and added by Stats. 1975, Ch. 957.)
  106. 39013.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    This section defines “air contaminant” or “air pollutant” as a discharge, release, or other propagation into the atmosphere, including listed substances such as smoke, dust, fumes, gases, odors, particulate matter, and acids.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39013. “Air contaminant” or “air pollutant” means any discharge, release, or other propagation into the atmosphere and includes, but is not limited to, smoke, charred paper, dust, soot, grime, carbon, fumes, gases, odors, particulate matter, acids, or any combination thereof. (Amended by Stats. 1976, Ch. 1063.)
  107. 39014.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    This section defines “ambient air quality standards” as specified concentrations and durations of air pollutants tied to undesirable effects.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39014. “Ambient air quality standards” means specified concentrations and durations of air pollutants which reflect the relationship between the intensity and composition of air pollution to undesirable effects established by the state board or, where applicable, by the federal government. (Added by Stats. 1975, Ch. 957.)
  108. 39014.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    “Antelope Valley district” means the Antelope Valley Air Quality Management District created under the referenced chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39014.3. “Antelope Valley district” means the Antelope Valley Air Quality Management District created pursuant to Chapter 14 (commencing with Section 41300) of Part 3. (Amended by Stats. 2001, Ch. 163, Sec. 1. Effective January 1, 2002.)
  109. 39014.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “Antelope Valley district board” as the governing board of the Antelope Valley Air Quality Management District.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39014.5. “Antelope Valley district board” means the governing board of the Antelope Valley Air Quality Management District. (Amended by Stats. 2001, Ch. 163, Sec. 2. Effective January 1, 2002.)
  110. 39015.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    This section defines “Bay district” as the Bay Area Air Quality Management District continued under the cited chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39015. “Bay district” means the Bay Area Air Quality Management District continued in existence pursuant to Chapter 4 (commencing with Section 40200) of Part 3. (Amended by Stats. 1978, Ch. 1025.)
  111. 39016.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “Bay district board” as the governing body of the bay district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39016. “Bay district board” means the governing body of the bay district. (Added by Stats. 1975, Ch. 957.)
  112. 39016.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    This section defines “Bureau” as the Bureau of Automotive Repair in the Department of Consumer Affairs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39016.5. “Bureau” means the Bureau of Automotive Repair in the Department of Consumer Affairs. (Repealed and added by Stats. 2000, Ch. 890, Sec. 2. Effective January 1, 2001.)
  113. 39017.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “bus” by cross-referencing Section 233 of the Vehicle Code.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39017. “Bus” has the same meaning as defined in Section 233 of the Vehicle Code. (Added by Stats. 1975, Ch. 957.)
  114. 39018.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Certification” means a state board finding that a motor vehicle, motor vehicle engine, or motor vehicle pollution control device meets the board’s adopted criteria for controlling specified air contaminants.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39018. “Certification” means a finding by the state board that a motor vehicle, motor vehicle engine, or motor vehicle pollution control device has satisfied the criteria adopted by the state board for the control of specified air contaminants from vehicular sources. (Added by Stats. 1975, Ch. 957.)
  115. 39019.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Certified device” means a motor vehicle pollution control device with a certification, including certain devices previously accredited or approved by specified boards.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39019. “Certified device” means a motor vehicle pollution control device with a certification, and includes a motor vehicle pollution control device previously accredited or approved by the state board or by the Motor Vehicle Pollution Control Board. The term “accredited” or “approved” may continue to be used with respect to such devices previously accredited or approved. (Added by Stats. 1975, Ch. 957.)
  116. 39019.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Cogeneration technology” means the same thing as in Public Resources Code Section 25134.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39019.5. “Cogeneration technology” has the same meaning as defined in Section 25134 of the Public Resources Code. (Added by Stats. 1979, Ch. 922.)
  117. 39019.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Cogeneration technology project” does not include existing equipment owned or operated by the applicant or host industry if that equipment was not modified to use cogeneration technology.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39019.6. “Cogeneration technology project” shall not include existing equipment owned or operated by the applicant or host industry which is not modified as a result of utilizing cogeneration technology. (Added by Stats. 1979, Ch. 922.)
  118. 39020.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “combustible or flammable solid waste” as certain solid refuse materials, including garbage, trash, paper, ashes, offal, and a dead animal carcass.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39020. “Combustible or flammable solid waste” means any garbage, rubbish, trash, rags, paper, boxes, crates, excelsior, ashes, offal, carcass of a dead animal, or any other combustible or flammable refuse matter which is in a solid form. (Repealed and added by Stats. 1975, Ch. 957.)
  119. 39021.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “commercial vehicle” by reference to Section 260 of the Vehicle Code.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39021. “Commercial vehicle” has the same meaning as defined in Section 260 of the Vehicle Code. (Repealed and added by Stats. 1975, Ch. 957.)
  120. 39021.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “components of emissions control systems” as the parts included in the state board’s Emissions Warranty Parts List dated December 14, 1978.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39021.5. “Components of emissions control systems” are those parts included in the state board’s “Emissions Warranty Parts List,” dated December 14, 1978, referenced in subdivision (c) of Section 2036 of Title 13 of the California Administrative Code. (Added by Stats. 1982, Ch. 892, Sec. 1.)
  121. 39022.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “county district” as a district continued in existence under the cited Part 3 chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39022. “County district” means a district continued in existence pursuant to Chapter 2 (commencing with Section 40100) of Part 3. (Repealed and added by Stats. 1975, Ch. 957.)
  122. 39023.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “County district board” means the governing body of a county district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39023. “County district board” means the governing body of a county district. (Repealed and added by Stats. 1975, Ch. 957.)
  123. 39023.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “fugitive emissions” and says the state board may not revise that definition for this section.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39023.3. “Fugitive emissions” mean those emissions that cannot reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. Notwithstanding subdivision (b) of Section 39601, the state board may not revise this definition for the purposes of this section. (Added by Stats. 2003, Ch. 479, Sec. 3. Effective January 1, 2004.)
  124. 39024.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “crankcase emissions” as substances released directly into the atmosphere from openings leading to a motor vehicle engine crankcase.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39024. “Crankcase emissions” means substances emitted directly to the atmosphere from any opening leading to the crankcase of a motor vehicle engine. Crankcase gases which are conducted to the engine intake or exhaust systems are not included in the definition of crankcase emissions, but are defined as exhaust emissions. (Added by Stats. 1975, Ch. 957.)
  125. 39024.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Department” means the Department of Consumer Affairs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39024.5. “Department” means the Department of Consumer Affairs. (Added by Stats. 1982, Ch. 892, Sec. 1.2.)
  126. 39024.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “direct import vehicle.”

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39024.6. “Direct import vehicle” means any light-duty motor vehicle manufactured outside of the United States which was not intended by the manufacturer for sale in the United States and which was not certified by the state board pursuant to Article 1 (commencing with Section 43100) of Chapter 2 of Part 5. (Added by Stats. 1989, Ch. 859, Sec. 1.)
  127. 39025.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “District” means an air pollution control district or an air quality management district covered by Part 3 starting at Section 40000.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39025. “District” means an air pollution control district or an air quality management district created or continued in existence pursuant to provisions of Part 3 (commencing with Section 40000). (Amended by Stats. 1976, Ch. 324.)
  128. 39026.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “District board” means the governing body of a district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39026. “District board” means the governing body of a district. (Added by Stats. 1975, Ch. 957.)
  129. 39026.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “elderly low-income person” as someone over 62 who lives in a household with less than $7,500 in combined adjusted gross income for the previous calendar year.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39026.5. “Elderly low-income person” means an individual over 62 years of age who resides in a household wherein the combined adjusted gross income, as defined in Section 17072 of the Revenue and Taxation Code, of all members of the household, including such individual over 62 years of age, was less than seven thousand five hundred dollars ($7,500) for the previous calendar year. (Added by Stats. 1976, Ch. 231.)
  130. 39027.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Emission standards” means specified limits on discharging air contaminants into the atmosphere.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39027. “Emission standards” means specified limitations on the discharge of air contaminants into the atmosphere. (Added by Stats. 1975, Ch. 957.)
  131. 39027.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines several terms used for vehicle diagnostics and emissions-related parts.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39027.3. (a) “Bidirectional control” means the capability of a diagnostic tool to send messages on the data (bus) that temporarily overrides the module’s control over a sensor or actuator and gives control to the diagnostic tool operator. Bidirectional controls do not create permanent changes to engine or component calibrations. (b) “Covered person” means any person engaged in the business of service or repair of motor vehicles who is licensed or registered with the Bureau of Automotive Repair, pursuant to Section 9884.6 of the Business and Professions Code, to conduct that business, or who is engaged in the manufacture or remanufacture of emissions-related motor vehicle parts for those motor vehicles. (c) “Data stream information” means information that originates within the vehicle by a module or intelligent sensors including, but not limited to, a sensor that contains and is controlled by its own module and transmitted between a network of modules and intelligent sensors connected in parallel with either one or two communication wires. The information is broadcast over communication wires for use by other modules such as chassis or transmissions to conduct normal vehicle operation or for use by diagnostic tools. Data stream information does not include engine calibration-related information. (d) “Emissions-related motor vehicle information” means information regarding any of the following: (1) Any original equipment system, component, or part that controls emissions. (2) Any original equipment system, component, or part associated with the powertrain system including, but not limited to, the fuel system and ignition system. (3) Any original equipment system or component that is likely to impact emissions, including, but not limited to, the transmission system. (e) “Emissions-related motor vehicle part” means any direct replacement automotive part or any automotive part certified by executive order of the state board that may affect emissions from a motor vehicle, including replacement parts, consolidated parts, rebuilt parts, remanufactured parts, add-on parts, modified parts, and specialty parts. (f) “Enhanced data stream information” means data stream information that is specific for an original equipment manufacturer’s brand of tools and equipment. (g) “Enhanced diagnostic tool” means a diagnostic tool that is specific to the original equipment manufacturer’s vehicles. (Added by Stats. 2000, Ch. 1077, Sec. 2. Effective January 1, 2001.)
  132. 39027.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “emissions retrofit device” and says the section later becomes inoperative and then repealed on a set timeline.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39027.5. (a) “Emissions retrofit device” means an exhaust device certified pursuant to Section 43630 or approved for use pursuant to Section 27156 of the Vehicle Code which renders a modified vehicle a low-emission motor vehicle, as defined by Section 43800. (b) This section shall become inoperative five years from the date determined pursuant to Section 32 of the act adding this section, and on the January 1 following that date is repealed. (Added by Stats. 1994, Ch. 1192, Sec. 4. Effective January 1, 1995. Operative on date prescribed by Sec. 32 of Ch. 1192. Inoperative five years from operative date. Repealed on January 1 after inoperative date, by its own provisions.)
  133. 39028.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Exhaust device” means a motor vehicle pollution control device that reduces exhaust emissions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39028. “Exhaust device” means a motor vehicle pollution control device to reduce exhaust emissions. (Added by Stats. 1975, Ch. 957.)
  134. 39029.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “exhaust emissions” as substances emitted to the atmosphere from an opening downstream from a motor vehicle engine’s exhaust port.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39029. “Exhaust emissions” means substances emitted to the atmosphere from any opening downstream from the exhaust port of a motor vehicle engine. (Added by Stats. 1975, Ch. 957.)
  135. 39030.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Flue” is defined as any duct or passage for air, gases, or similar material, including a stack or chimney.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39030. “Flue” means any duct or passage for air, gases, or the like, such as a stack or chimney. (Added by Stats. 1975, Ch. 957.)
  136. 39031.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “fuel evaporative loss emissions” as vaporized fuel emitted into the atmosphere from a motor vehicle’s fuel system.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39031. “Fuel evaporative loss emissions” means vaporized fuel emitted into the atmosphere from the fuel system of a motor vehicle. (Added by Stats. 1975, Ch. 957.)
  137. 39032.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “fuel system.”

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39032. “Fuel system” means the combination of fuel tank, fuel lines and carburetor, or fuel injector, and includes all vents and fuel evaporative emission control systems or devices. (Added by Stats. 1975, Ch. 957.)
  138. 39032.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Gross polluter” means a vehicle with excess hydrocarbon, carbon monoxide, or oxides of nitrogen emissions, as determined by the department in consultation with the state board.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39032.5. “Gross polluter” means a vehicle with excess hydrocarbon, carbon monoxide, or oxides of nitrogen emissions as established by the department in consultation with the state board. (Added by Stats. 1994, Ch. 27, Sec. 1. Effective March 30, 1994.)
  139. 39033.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Heavy-duty” is defined as a vehicle with a manufacturer’s maximum gross vehicle weight rating of 6,001 or more pounds.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39033. “Heavy-duty” means having a manufacturer’s maximum gross vehicle weight rating of 6,001 or more pounds. (Amended by Stats. 1976, Ch. 1063.)
  140. 39034.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “Implement of husbandry” by referring to the meaning in the Vehicle Code.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39034. “Implement of husbandry” has the same meaning as defined in Chapter 1 (commencing with Section 36000), Division 16 of the Vehicle Code. (Added by Stats. 1975, Ch. 957.)
  141. 39035.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Light-duty” means a vehicle with a manufacturer’s maximum gross vehicle weight rating under 6,001 pounds.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39035. “Light-duty” means having a manufacturer’s maximum gross vehicle weight rating of under 6,001 pounds. (Amended by Stats. 1976, Ch. 1063.)
  142. 39037.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “local or regional authority” as the governing body of any city, county, or district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39037. “Local or regional authority” means the governing body of any city, county, or district. (Added by Stats. 1975, Ch. 957.)
  143. 39037.05.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “low-emission motor vehicle” and says it must be certified by the state board and meet one of three emissions-related requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39037.05. “Low-emission motor vehicle” means a motor vehicle which has been certified by the state board to meet all applicable emission standards and which meets at least one of the following additional requirements: (a) Is capable of operating on methanol, as determined by the state board, and will have an adverse impact on ambient ozone air quality not greater than a vehicle which meets the requirements of subdivision (c). (b) Is capable of operating on any available fuel other than gasoline or diesel and, in the determination of the state board, will have an adverse impact on ambient ozone air quality not greater than a vehicle operating on methanol. (c) Operates exclusively on gasoline and is certified to meet a hydrocarbon exhaust emission standard which is at least twice as stringent as otherwise applicable to gasoline vehicles of the same year and class. (Amended by Stats. 1989, Ch. 796, Sec. 2.)
  144. 39037.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Marine vessel” is defined to include tugboats, tankers, freighters, passenger ships, barges, and other boats, ships, or watercraft, except those used primarily for recreation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39037.1. “Marine vessel” means any tugboat, tanker, freighter, passenger ship, barge, or other boat, ship, or watercraft, except those used primarily for recreation. (Added by Stats. 1979, Ch. 1130.)
  145. 39037.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Medium-duty” means a heavy-duty vehicle with a manufacturer’s gross vehicle weight rating below a limit set by the state board.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39037.5. “Medium-duty” means a heavy-duty vehicle having a manufacturer’s gross vehicle weight rating under a limit established by the state board. (Amended by Stats. 2020, Ch. 370, Sec. 201. (SB 1371) Effective January 1, 2021.)
  146. 39038.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “model year” for vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39038. “Model year” means the manufacturer’s annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. In the case of any vehicle manufactured in two or more stages, the time of manufacture shall be the date of completion of the chassis. (Added by Stats. 1975, Ch. 957.)
  147. 39038.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “Mojave Desert district” as the Mojave Desert Air Quality Management District created under a referenced chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39038.3. “Mojave Desert district” means the Mojave Desert Air Quality Management District created pursuant to Chapter 13 (commencing with Section 41200) of Part 3. (Added by Stats. 1992, Ch. 642, Sec. 1. Effective January 1, 1993.)
  148. 39038.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Mojave Desert district board” means the governing board of the Mojave Desert district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39038.5. “Mojave Desert district board” means the governing board of the Mojave Desert district. (Added by Stats. 1992, Ch. 642, Sec. 2. Effective January 1, 1993.)
  149. 39039.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Motor vehicle” is defined by reference to Section 415 of the Vehicle Code.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39039. “Motor vehicle” has the same meaning as defined in Section 415 of the Vehicle Code. (Added by Stats. 1975, Ch. 957.)
  150. 39040.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “motor vehicle pollution control device.”

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39040. “Motor vehicle pollution control device” means equipment designed for installation on a motor vehicle for the purpose of reducing the air contaminants emitted from the vehicle, or a system or engine modification on a motor vehicle which causes a reduction of air contaminants emitted from the vehicle. (Added by Stats. 1975, Ch. 957.)
  151. 39041.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section says “motorcycle” means the same thing as in Section 400 of the Vehicle Code.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39041. “Motorcycle” has the same meaning as defined in Section 400 of the Vehicle Code. (Added by Stats. 1975, Ch. 957.)
  152. 39042.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “New motor vehicle” means a motor vehicle whose title has never been transferred to an ultimate purchaser.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39042. “New motor vehicle” means a motor vehicle, the equitable or legal title to which has never been transferred to an ultimate purchaser. (Amended by Stats. 1976, Ch. 1206.)
  153. 39042.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “New motor vehicle engine” means a new engine in a motor vehicle.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39042.5. “New motor vehicle engine” means a new engine in a motor vehicle. (Added by Stats. 1976, Ch. 1206.)
  154. 39043.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “nonvehicular sources” as all sources of air contaminants, including loading fuels into vehicles, but not vehicular sources.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39043. “Nonvehicular sources” means all sources of air contaminants, including the loading of fuels into vehicles, except vehicular sources. (Added by Stats. 1975, Ch. 957.)
  155. 39043.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Obscurant” is defined as fog oil released during military exercises that creates a smoke screen to block detection of persons or objects.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39043.5. “Obscurant” means fog oil released into the atmosphere during military exercises which produces a smoke screen designed to eliminate the detection of persons or objects by visual or electronic means of observation within a localized area. (Added by Stats. 1996, Ch. 299, Sec. 1. Effective January 1, 1997.)
  156. 39044.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Open outdoor fire” means outdoor combustion of combustible material in the open, not inside an enclosure, with combustion products not directed through a flue.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39044. “Open outdoor fire” means any combustion of combustible material of any type outdoors in the open, not in any enclosure, where the products of combustion are not directed through a flue. (Added by Stats. 1975, Ch. 957.)
  157. 39045.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “orchard or citrus grove heater.”

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39045. “Orchard or citrus grove heater” means any article, machine, equipment, or other contrivance, burning any type of fuel or material capable of emitting air contaminants, used, or capable of being used, for the purpose of giving protection from frost damage. (Added by Stats. 1975, Ch. 957.)
  158. 39046.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Passenger vehicle” is defined by reference to the same meaning it has in Section 465 of the Vehicle Code.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39046. “Passenger vehicle” has the same meaning as defined in Section 465 of the Vehicle Code. (Added by Stats. 1975, Ch. 957.)
  159. 39047.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “person” to include individuals, government agencies and public districts, their officers or employees, and the United States or its agencies when authorized by federal law.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39047. “Person” includes all of the following: (a) A “person” as defined in Section 19. (b) Any state or local governmental agency or public district, or any officer or employee thereof. However, no state or local governmental agency or public district, or any officer or employee thereof, shall be criminally liable or responsible under the provisions of Part 4 (commencing with Section 41500) for any acts done by such governmental agency, or public district, in the performance of its functions or by such officers or employees in the performance of their duties. (c) The United States or its agencies, to the extent authorized by federal law. (Added by Stats. 1975, Ch. 957.)
  160. 39047.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “PM2.5” as particulate matter 2.5 microns and smaller.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39047.2. “PM2.5” means particulate matter 2.5 microns and smaller in size. (Added by Stats. 1999, Ch. 477, Sec. 1. Effective January 1, 2000.)
  161. 39047.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “qualifying facility” as a qualifying small power production facility under the Public Utilities Code.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39047.5. “Qualifying facility” means a qualifying small power production facility as defined in Section 228.5 of the Public Utilities Code. (Added by Stats. 1985, Ch. 978, Sec. 1.)
  162. 39048.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “racing vehicle” as a competition vehicle not used on public highways.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39048. “Racing vehicle” means a competition vehicle not used on public highways. (Added by Stats. 1975, Ch. 957.)
  163. 39049.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Regional district” means a district created under the cited Part 3 chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39049. “Regional district” means a district created pursuant to Chapter 5 (commencing with Section 40300) of Part 3. (Added by Stats. 1975, Ch. 957.)
  164. 39050.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “regional district board” as the governing body of a regional district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39050. “Regional district board” means the governing body of a regional district. (Repealed and added by Stats. 1975, Ch. 957.)
  165. 39050.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Resource recovery project” means a project that converts certain wastes or gases into energy byproduct in the air basin where they are produced.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39050.5. “Resource recovery project” means a project which converts municipal wastes, agricultural wastes, forest wastes, landfill gas, or digester gas in a manner so as to produce energy as a byproduct in the air basin in which they are produced. (Amended by Stats. 1985, Ch. 978, Sec. 1.5.)
  166. 39050.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “Sacramento district” as the Sacramento Metropolitan Air Quality Management District.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39050.7. “Sacramento district” means the Sacramento Metropolitan Air Quality Management District created pursuant to Chapter 10 (commencing with Section 40950) of Part 3. (Added by Stats. 1988, Ch. 1541, Sec. 1.)
  167. 39050.8.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “Sacramento district board” as the governing body of the Sacramento district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39050.8. “Sacramento district board” means the governing body of the Sacramento district. (Added by Stats. 1988, Ch. 1541, Sec. 2.)
  168. 39051.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “schedule of increments of progress” as a set of dates for steps needed to bring an air-contaminant source into compliance with emission standards.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39051. “Schedule of increments of progress” means a statement of dates when various steps are to be taken to bring a source of air contaminants into compliance with emission standards and shall include, to the extent feasible, the following: (a) The date of submittal of the final plan for the control of emissions of air contaminants from that source to the appropriate district. (b) The date by which contracts for emission control systems or process modifications will be awarded, or the date by which orders will be issued for the purchase of component parts to accomplish emission control or process modification. (c) The date of initiation of onsite construction or installation of emission control equipment or process change. (d) The date by which onsite construction or installation of emission control equipment or process modification is to be completed. (e) The date by which final compliance is to be achieved. (f) Such other dates by which other appropriate and necessary steps shall be taken to permit close and effective supervision of progress toward timely compliance. (Repealed and added by Stats. 1975, Ch. 957.)
  169. 39051.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Schoolbus” means a heavy-duty motor vehicle designed and built only to transport school, college, or university students to or from educational facilities or activities.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39051.5. “Schoolbus” means a heavy-duty motor vehicle exclusively designed and built for the transportation of any school, college, or university student to or from educational facilities or activities. (Added by Stats. 1976, Ch. 741.)
  170. 39051.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “smog index” and says the section later becomes inoperative and is repealed on a set timeline.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39051.7. (a) “Smog index” means the index number assigned to a motor vehicle by the state board pursuant to Section 44251 to indicate the effect of the use of that vehicle on ozone levels in ozone nonattainment areas. (b) This section shall become inoperative five years from the date determined pursuant to Section 32 of the act adding this section, and on the January 1 following that date is repealed. (Added by Stats. 1994, Ch. 1192, Sec. 6. Effective January 1, 1995. Operative on date prescribed by Sec. 32 of Ch. 1192. Inoperative five years from operative date. Repealed on January 1 after inoperative date, by its own provisions.)
  171. 39052.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    “Solid waste dump” means any accumulation made for the purpose of disposing solid waste.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39052. “Solid waste dump” means any accumulation for the purpose of disposal of any solid waste. (Repealed and added by Stats. 1975, Ch. 957.)
  172. 39052.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “South coast district” means the South Coast Air Quality Management District.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39052.5. “South coast district” means the South Coast Air Quality Management District created pursuant to Chapter 5.5 (commencing with Section 40400) of Part 3. (Added by Stats. 1976, Ch. 324.)
  173. 39052.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “South coast district board” means the governing body of the south coast district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39052.6. “South coast district board” means the governing body of the south coast district. (Added by Stats. 1976, Ch. 324.)
  174. 39053.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “State board” as the State Air Resources Board.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39053. “State board” means the State Air Resources Board. (Amended by Stats. 2013, Ch. 76, Sec. 115. (AB 383) Effective January 1, 2014.)
  175. 39053.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Title V” means Title V of the federal Clean Air Act.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39053.3. “Title V” means Title V of the federal Clean Air Act (42 U.S.C. Sec. 7661 et seq.). (Added by Stats. 1993, Ch. 1166, Sec. 2. Effective January 1, 1994.)
  176. 39053.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Title V source” is defined as a stationary source that federal law requires to be included in a Title V operating permit program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39053.5. “Title V source” means only a stationary source required by federal law to be included in an operating permit program established pursuant to Title V of the federal Clean Air Act (42 U.S.C. Secs. 7661 to 7661f, incl.) and the federal regulations adopted pursuant to Title V. (Added by Stats. 1993, Ch. 1166, Sec. 3. Effective January 1, 1994.)
  177. 39053.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “trading program with capped emissions” or “emission-capped trading program.”

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39053.6. “Trading program with capped emissions” or “emission-capped trading program” means a market-based incentive trading program adopted pursuant to subdivision (b) of Section 39616 that allows sources to comply with an emission cap or limit by acquiring marketable emission credits. (Added by Stats. 1996, Ch. 609, Sec. 1. Effective January 1, 1997.)
  178. 39054.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “truck” as a motor truck under Vehicle Code Section 410.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39054. “Truck” means a motor truck as defined in Section 410 of the Vehicle Code. (Repealed and added by Stats. 1975, Ch. 957.)
  179. 39055.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “truck tractor” by pointing to the meaning in Section 655 of the Vehicle Code.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39055. “Truck tractor” has the same meaning as defined in Section 655 of the Vehicle Code. (Repealed and added by Stats. 1975, Ch. 957.)
  180. 39055.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “ultimate purchaser” for a new motor vehicle or engine as the first person who buys it in good faith for a purpose other than resale.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39055.5. “Ultimate purchaser” means, with respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale. (Added by Stats. 1976, Ch. 1206.)
  181. 39056.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Unified district” is defined as a district created or continued under the referenced chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39056. “Unified district” means a district created or continued in existence pursuant to Chapter 3 (commencing with Section 40150) of Part 3. (Repealed and added by Stats. 1975, Ch. 957.)
  182. 39057.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Unified district board” means the governing body of a unified district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39057. “Unified district board” means the governing body of a unified district. (Repealed and added by Stats. 1975, Ch. 957.)
  183. 39058.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “used motor vehicle” as a motor vehicle that is not new.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39058. “Used motor vehicle” means any motor vehicle which is not a new motor vehicle. (Amended by Stats. 1976, Ch. 1206.)
  184. 39059.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “Vehicle” by linking it to the meaning in Section 670 of the Vehicle Code.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39059. “Vehicle” has the same meaning as defined in Section 670 of the Vehicle Code. (Repealed and added by Stats. 1975, Ch. 957.)
  185. 39060.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Vehicular sources” means sources of air contaminants emitted from motor vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000 - 39060] ( Part 1 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Definitions [39010 - 39060] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39060. “Vehicular sources” means those sources of air contaminants emitted from motor vehicles. (Repealed and added by Stats. 1975, Ch. 957.)
  186. 39500.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39500 - 39501] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The State Air Resources Board is responsible for controlling motor vehicle emissions, unless this division says otherwise, and must coordinate, encourage, and review government efforts affecting air quality.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39500 - 39501] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 39500. It is the intent of the Legislature that the State Air Resources Board shall have the responsibility, except as otherwise provided in this division, for control of emissions from motor vehicles and shall coordinate, encourage, and review the efforts of all levels of government as they affect air quality. (Repealed and added by Stats. 1975, Ch. 957.)
  187. 39501.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39500 - 39501] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The Legislature says the state board should maximize economic benefits by making eligibility for certain truck-purchase incentive programs depend on compliance with labor standards.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [39500 - 39501] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 39501. It is the intent of the Legislature that the state board maximize economic cobenefits by conditioning eligibility to participate in grant, loan, voucher, or other incentive programs to purchase new drayage and short-haul trucks on compliance with the labor standards required by Chapter 3.6 (commencing with Section 39680). (Added by Stats. 2021, Ch. 748, Sec. 2. (AB 794) Effective January 1, 2022.)
  188. 39510.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    This section keeps the State Air Resources Board in existence and sets how its 14 voting members are appointed, how vacancies are filled, and when members must step down or stay out of certain votes.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39510. (a) The State Air Resources Board is continued in existence in the California Environmental Protection Agency. The state board shall consist of 14 voting members. (b) Twelve members shall be appointed by the Governor, with the consent of the Senate, on the basis of their demonstrated interest and proven ability in the field of air pollution control and their understanding of the needs of the general public in connection with air pollution problems. (c) Of the members appointed pursuant to subdivision (b), six members shall have the following qualifications: (1) One member shall have training and experience in automotive engineering or closely related fields. (2) One member shall have training and experience in chemistry, meteorology, or related scientific fields, including agriculture or law. (3) One member shall be a physician and surgeon or an authority on health effects of air pollution. (4) Two members shall be public members. (5) One member shall have the qualifications specified in paragraph (1), (2), or (3) or shall have experience in the field of air pollution control. (d) Of the members appointed pursuant to subdivision (b), six members shall be board members from districts who shall reflect the qualitative requirements of subdivision (c) to the extent practicable. Of these members: (1) One shall be a board member from the south coast district. (2) One shall be a board member from the bay district. (3) One shall be a board member from the San Joaquin Valley Unified Air Pollution Control District. (4) One shall be a board member from the San Diego County Air Pollution Control District. (5) One shall be a board member from the Sacramento district, the Placer County Air Pollution Control District, the Yolo-Solano Air Quality Management District, the Feather River Air Quality Management District, or the El Dorado County Air Pollution Control District. (6) One shall be a board member of any other district. (e) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to the state board who shall be a person who works directly with communities in the state that are most significantly burdened by, and vulnerable to, high levels of pollution, including, but not limited to, communities with diverse racial and ethnic populations and communities with low-income populations. (f) Any vacancy shall be filled by the appointing authority within 30 days of the date on which it occurs. If the Governor fails to make an appointment for any vacancy within the 30-day period, the Senate Committee on Rules may make the appointment to fill the vacancy in accordance with this section. (g) While serving on the state board, all members shall exercise their independent judgment as officers of the state on behalf of the interests of the entire state in furthering the purposes of this division. A member of the state board shall not be precluded from voting or otherwise acting upon any matter solely because that member has voted or acted upon the matter in his or her capacity as a member of a district board, except that a member of the state board who is also a member of a district board shall not participate in any action regarding his or her district taken by the state board pursuant to Sections 41503 to 41505, inclusive. (h) (1) Except for initial staggered terms that shall be established by the state board, the term of office for the voting members shall be six years. Upon expiration of the term of office of a voting member, the appointing authority may reappoint that member to a new term of office, subject to the requirement of subdivision (b), if applicable. (2) Notwithstanding paragraph (1), a person who is a member of the state board pursuant to subdivision (d) shall not continue as a member if he or she ceases to hold the membership that qualifies that person to be appointed as a member of the state board. The membership on the state board held by that person shall terminate immediately upon ceasing to hold that qualifying membership. (i) In addition to subdivision (a), two Members of the Legislature shall serve as ex officio, nonvoting members of the state board. One member shall be appointed by the Senate Committee on Rules. One member shall be appointed by the Speaker of the Assembly. (Amended by Stats. 2016, Ch. 250, Sec. 7. (AB 197) Effective January 1, 2017.)
  189. 39511.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    The Governor must appoint a chairperson from among state board members, and the chairperson must serve full time.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39511. (a) The Governor shall appoint the chairperson, who shall serve at the pleasure of the Governor, from among the members of the state board, and shall serve as the principal advisor to the Governor on, and shall assist the Governor in establishing, major policy and program matters on environmental protection. The chairperson shall also serve as the principal communications link for the effective transmission of policy problems and decisions to the Governor relating to the activities of the State Water Resources Control Board and the State Solid Waste Management Board, in addition to serving as the Governor’s chief air quality policy spokesperson. (b) The chairperson shall serve full time. (Amended by Stats. 1981, Ch. 982. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  190. 39512.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    Each state board member is entitled to receive the salary set by the referenced Government Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39512. Each member of the state board shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1983, Ch. 803, Sec. 37.)
  191. 39512.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    Some board members serve without compensation, but they may be reimbursed for qualifying expenses; elected public official members receive $100 per day, subject to a $1,000 monthly cap.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39512.5. (a) With respect to the members appointed pursuant to subdivision (d) of Section 39510, those members shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement for expenses is not otherwise provided or payable by another public agency or agencies. Each elected public official member of the state board shall receive one hundred dollars ($100) for each day, or portion thereof, but not to exceed one thousand dollars ($1,000) in any month, attending meetings of the state board or committees thereof, or upon authorization of the state board while on official business of the state board. (b) Reimbursements made pursuant to subdivision (a) shall be made as follows: (1) A member appointed from a district that is specifically named in subdivision (d) of Section 39510 shall be reimbursed by the district from which the person qualified for membership. (2) The member appointed as a board member of a district that is not specifically named in subdivision (d) of Section 39510 shall be reimbursed by the state board. (Amended by Stats. 2014, Ch. 512, Sec. 2. (AB 2764) Effective January 1, 2015.)
  192. 39513.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    The state board must hold regular meetings at least twice a month, and the chair or a majority of members may call special meetings. Board members are entitled to reimbursement for necessary travel expenses incurred while performing official duties.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39513. The state board shall hold regular meetings at least twice a month. Special meetings may be called by the chair or upon the request of a majority of the members. Each member of the state board shall receive reimbursement for actual necessary traveling expenses incurred in the performance of official duties. Time spent in these board meetings shall count toward the sixty hours per month work requirement specified in Section 11564 of the Government Code. (Amended by Stats. 2000, Ch. 890, Sec. 5. Effective January 1, 2001.)
  193. 39514.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    The state board is subject to the listed Government Code chapter, and it is treated as the head of a department for that chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39514. The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the state board, and the state board is the head of a department within the meaning of the chapter. (Added by Stats. 1975, Ch. 957.)
  194. 39515.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    The state board must appoint an executive officer and, when petitioned by certain affected parties, hold a public hearing to review specified executive officer actions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39515. (a) The state board shall appoint an executive officer who shall serve at the pleasure of the state board and, except as provided in subdivision (d), may delegate any duty to the executive officer that the state board deems appropriate. (b) The intention of the Legislature is hereby declared to be that the executive officer shall perform and discharge, under the direction and control of the state board, the powers, duties, purposes, functions, and jurisdiction vested in the state board and delegated to the executive officer by the state board. (c) The state board shall, upon the receipt of a petition from any affected member of the public, affected district, or designated air quality planning agency, hold a public hearing to review any action taken by the executive officer pursuant to Section 41650, 41651, or 41652. (d) Any action taken by the executive officer pursuant to Section 40469 or Sections 41503 to 41505, inclusive, shall be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2000, Ch. 890, Sec. 6. Effective January 1, 2001.)
  195. 39516.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    The state board’s delegable powers are treated as delegated to the executive officer unless the board specifically reserves them; the executive officer may redelegate to subordinates unless personally required to act.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39516. Any power, duty, purpose, function, or jurisdiction which the state board may lawfully delegate shall be conclusively presumed to have been delegated to the executive officer unless it is shown that the state board, by affirmative vote recorded in the minutes of the state board, specifically has reserved the same for the state board’s own action. The executive officer may redelegate to his subordinates unless, by state board rule or express provision of law, the executive officer is specifically required to act personally. (Added by Stats. 1975, Ch. 957.)
  196. 39517.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. )

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    Before the state board adopts a rule or regulation for the district under Section 41502, the district must be given notice and an opportunity to act.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Administration [39510 - 39517] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 39517. The district shall be given notice and the opportunity to act before any rule or regulation is adopted by the state board for the district pursuant to Section 41502. (Added by Stats. 1981, Ch. 982.)
  197. 39600.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

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    The state board must do whatever is necessary to carry out the powers and duties assigned to it by this division and by any other law.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39600. The state board shall do such acts as may be necessary for the proper execution of the powers and duties granted to, and imposed upon, the state board by this division and by any other provision of law. (Repealed and added by Stats. 1975, Ch. 957.)
  198. 39601.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

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    The state board must adopt needed standards, rules, and regulations, and it may revise certain definitions to match federal law and regulations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39601. (a) The state board shall adopt standards, rules, and regulations in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, necessary for the proper execution of the powers and duties granted to, and imposed upon, the state board by this division and by any other provision of law. (b) The state board, by rules and regulations, may revise the definitions of terms set forth in Chapter 2 (commencing with Section 39010) of Part 1 in order to conform those definitions to federal laws and rules and regulations. (c) The standards, rules, and regulations adopted pursuant to this section shall, to the extent consistent with the responsibilities imposed under this division, be consistent with the state goal of providing a decent home and suitable living environment for every Californian. (Amended by Stats. 1983, Ch. 142, Sec. 79.)
  199. 39601.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

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    The state board must make certain regulation-related information public before the comment period, but it must not disclose protected business information and should use aggregated form when needed.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39601.5. (a) The state board shall make available to the public all information described in paragraph (2) of subdivision (b) of Section 11346.2 of the Government Code, related to, but not limited to, air emissions, public health impacts, and economic impacts, before the comment period for any regulation proposed for adoption by the state board. (b) In meeting the requirement of subdivision (a), the state board shall not release proprietary, confidential, or otherwise legally protected business information. The state board shall release information in aggregated form, where necessary, to protect proprietary, confidential, or otherwise legally protected business information. (Added by Stats. 2009, Ch. 384, Sec. 2. (AB 1085) Effective January 1, 2010.)
  200. 39602.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

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    The state board is the air pollution control agency for federal law purposes and must prepare the state implementation plan for the Clean Air Act.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39602. The state board is designated the air pollution control agency for all purposes set forth in federal law. The state board is designated as the state agency responsible for the preparation of the state implementation plan required by the Clean Air Act (42 U.S.C., Sec. 7401, et seq.) and, to this end, shall coordinate the activities of all districts necessary to comply with that act. Notwithstanding any other provision of this division, the state implementation plan shall only include those provisions necessary to meet the requirements of the Clean Air Act. (Amended by Stats. 1979, Ch. 810.)

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