reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 5 - MARKET-BASED COMPLIANCE MECHANISMS › Section 38571.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 5 - MARKET-BASED COMPLIANCE MECHANISMS › Section 38574.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 6 - ENFORCEMENT › Section 38580.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38590.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38590.1.

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 the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) 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) Short-lived climate pollutants.
(6) Climate adaptation and resiliency.
(7) Climate and clean energy research.
(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed unless a later enacted statute that is enacted on or before that date deletes or extends that date.
(Added by Stats. 2017, Ch. 135, Sec. 6. (AB 398) Effective July 25, 2017. Repealed as of January 1, 2031, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38591.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38591.1.

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, 2031, and as of that date is repealed.
(Amended by Stats. 2019, Ch. 85, Sec. 1. (AB 293) Effective January 1, 2020. Repealed as of January 1, 2031, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38591.2.

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.
(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, 2031, and as of that date is repealed.
(Amended by Stats. 2019, Ch. 31, Sec. 14. (SB 85) Effective June 27, 2019. Repealed as of January 1, 2031, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38592.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38592.5.

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 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) Nothing in this section shall 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, 2031, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2031, deletes or extends that date.
(Added by Stats. 2017, Ch. 135, Sec. 10. (AB 398) Effective July 25, 2017. Repealed as of January 1, 2031, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38592.6.

38592.6. (a) The Legislative Analyst’s Office shall, until January 1, 2030, annually report to the Legislature on the economic impacts and benefits of the greenhouse gas emissions targets established pursuant to Sections 38550 and 38566.
(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2031, deletes or extends that date.
(Added by Stats. 2017, Ch. 135, Sec. 11. (AB 398) Effective July 25, 2017. Repealed as of January 1, 2031, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38593.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38594.

38594. (a) Except as provided in subdivision (b), nothing in this division shall limit or expand the existing authority of any district.
(b) A district shall not adopt or implement an emission reduction rule for carbon dioxide from stationary sources that are also subject to a market-based compliance mechanism adopted by the state board pursuant to subdivision (c) of Section 38562.
(c) Nothing in this section affects in any manner the authority of a district to adopt or implement, as applicable, any of the following:
(1) A rule, regulation, standard, or requirement authorized or required for a district to adopt under Division 26 (commencing with Section 39000) for purposes other than to reduce carbon dioxide from sources subject to a market-based compliance mechanism adopted by the state board pursuant to subdivision (c) of Section 38562.
(2) A rule, regulation, standard, or requirement authorized pursuant to a law affecting emissions associated with landfills, refrigerants, natural gas or methane, volatile organic compounds, or a rule required to comply with the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or regulations implementing that act.
(3) A rule, regulation, standard, or requirement authorized pursuant to a law to reduce vehicle trips, vehicle miles traveled, parking, or vehicular air emissions, including, but not limited to, a rule adopted pursuant to Chapter 728 of the Statutes of 2008.
(4) A rule, regulation, standard, or requirement established pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(5) A rule, regulation, standard, or requirement adopted by any state agency.
(d) This section shall become inoperative if the state board repeals the market-based compliance mechanism adopted by the state board pursuant to subdivision (c) of Section 38562. The state board shall notify the Secretary of State if this section becomes inoperative.
(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
(Amended by Stats. 2017, Ch. 135, Sec. 12. (AB 398) Effective July 25, 2017. Conditionally inoperative by its own provisions. Repealed as of January 1, 2031, by its own provisions. See later operative version added by Sec. 13 of Stats. 2017, Ch. 135.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38594.

38594. (a) Nothing in this division shall limit or expand the existing authority of any district, as defined in Section 39025.
(b) This section shall become operative on January 1, 2031.
(Repealed (in Sec. 12) and added by Stats. 2017, Ch. 135, Sec. 13. (AB 398) Effective July 25, 2017. Section operative January 1, 2031, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38595.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38596.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38597.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38598.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 7 - Miscellaneous Provisions › Section 38599.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 8 - California Jobs Plan Act of 2021 › Section 38599.10.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 1 - Findings, Declarations, and Intent › Section 39000.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 1 - Findings, Declarations, and Intent › Section 39001.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 1 - Findings, Declarations, and Intent › Section 39002.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 1 - Findings, Declarations, and Intent › Section 39003.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 1 - Findings, Declarations, and Intent › Section 39004.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 1 - Findings, Declarations, and Intent › Section 39005.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39010.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39010.5.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39010.6.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39011.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39011.5.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39012.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39013.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39014.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39014.3.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39014.5.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39015.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39016.5.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39018.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39019.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39019.5.

39019.5. “Cogeneration technology” has the same meaning as defined in Section 25134 of the Public Resources Code.
(Added by Stats. 1979, Ch. 922.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39019.6.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39020.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39021.5.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39022.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39023.3.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39024.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39024.6.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39025.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39026.5.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39027.3.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39027.5.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39032.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39032.5.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39034.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39037.05.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39037.1.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39037.5.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39038.

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.)