reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 3 - Air Toxics Emission Inventories › Section 44344.7.

44344.7. (a)  A facility exempted from this part pursuant to subdivision (a) of Section 44344.4 shall, upon receipt of a notice from the district, again be subject to this part and the operator shall submit an emissions inventory update for those sources and substances for which a physical change in the facility or a change in activities or operations has occurred, as follows:
(1)  The facility emits a substance newly listed pursuant to Section 44321.
(2)  A sensitive receptor has been established or constructed within 500 meters of the facility after the facility became exempt.
(3)  The facility emits a substance for which the potency factor has increased.
(b)  The operator of a facility exempted from this part pursuant to subdivision (a) of Section 44344.4 shall submit an emissions inventory update for those sources and substances for which a particular physical change in the facility or a change in activities or operations occurs if, as a result of the particular change, either of the following has occurred:
(1)  The facility has begun emitting a listed substance not included in the previous emissions inventory.
(2)  The facility has increased its emissions of a listed substance to a level greater than the level previously reported for that substance, and the increase in emissions exceeds 100 percent of the previously reported level.
(c)  Notwithstanding subdivision (b), a physical change or change in activities or operations at a facility shall not cause the facility to again be subject to this part if all of the following conditions are met:
(1)  The physical change or change in activities or operations is subject to a district permit program established pursuant to Section 42300.
(2)  The district conducts an assessment of the potential changes in emissions or their associated risks, whichever the district determines to be appropriate, attributable to the physical change or change in activities or operations and finds that the changes in emissions will not result in a significant risk. A risk assessment conducted pursuant to this paragraph shall comply with paragraph (2) of subdivision (b) of Section 44360.
(3)  The district issues a permit for the physical change or change in activities or operations.
(Amended by Stats. 1996, Ch. 602, Sec. 5. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 3 - Air Toxics Emission Inventories › Section 44345.

44345. (a) On or before July 1, 1989, the state board shall develop a program to compile and make available to other state and local public agencies and the public all data collected pursuant to this chapter.
(b) In addition, the state board, on or before March 1, 1990, shall compile, by district, emissions inventory data for mobile sources and area sources not subject to district permit requirements, and data on natural source emissions, and shall incorporate these data into data compiled and released pursuant to this chapter.
(Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 4 - Risk Assessment › Section 44361.

44361. (a) Each health risk assessment shall be submitted to the district. The district shall make the health risk assessment available for public review, upon request. After preliminary review of the emissions impact and modeling data, the district shall submit the health risk assessment to the Office of Environmental Health Hazard Assessment for review and, within 180 days of receiving the health risk assessment, the office shall submit to the district its comments on the data and findings relating to health effects. The district shall consult with the state board as necessary to adequately evaluate the emissions impact and modeling data contained within the risk assessment.
(b) For the purposes of complying with this section, the Office of Environmental Health Hazard Assessment may select a qualified independent contractor to review the data and findings relating to health effects. The office shall not select an independent contractor to review a specific health risk assessment who may have a conflict of interest with regard to the review of that health risk assessment. Any review by an independent contractor shall comply with the following requirements:
(1) Be performed in a manner consistent with guidelines provided by the office.
(2) Be reviewed by the office for accuracy and completeness.
(3) Be submitted by the office to the district in accordance with this section.
(c) The district shall reimburse the Office of Environmental Health Hazard Assessment or the qualified independent contractor designated by the office pursuant to subdivision (b), within 45 days of its request, for its actual costs incurred in reviewing a health risk assessment pursuant to this section.
(d) If a district requests the Office of Environmental Health Hazard Assessment to consult with the district concerning any requirement of this part, the district shall reimburse the office, within 45 days of its request, for the costs incurred in the consultation.
(e) Upon designation of the high priority facilities, as specified in subdivision (a) of Section 44360, the Office of Environmental Health Hazard Assessment shall evaluate the staffing requirements of this section and may submit recommendations to the Legislature, as appropriate, concerning the maximum number of health risk assessments to be reviewed each year pursuant to this section.
(Amended by Stats. 2018, Ch. 92, Sec. 144. (SB 1289) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 4 - Risk Assessment › Section 44362.

44362. (a)  Taking the comments of the Office of Environmental Health Hazard Assessment into account, the district shall approve or return for revision and resubmission and then approve, the health risk assessment within one year of receipt. If the health risk assessment has not been revised and resubmitted within 60 days of the district’s request of the operator to do so, the district may modify the health risk assessment and approve it as modified.
(b)  Upon approval of the health risk assessment, the operator of the facility shall provide notice to all exposed persons regarding the results of the health risk assessment prepared pursuant to Section 44361 if, in the judgment of the district, the health risk assessment indicates there is a significant health risk associated with emissions from the facility. If notice is required under this subdivision, the notice shall include only information concerning significant health risks attributable to the specific facility for which the notice is required. Any notice shall be made in accordance with procedures specified by the district.
(Amended by Stats. 1996, Ch. 602, Sec. 6. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 4 - Risk Assessment › Section 44363.

44363. (a) Commencing July 1, 1991, each district shall prepare and publish an annual report which does all of the following:
(1) Describes the priorities and categories designated pursuant to Section 44360 and summarizes the results and progress of the health risk assessment program undertaken pursuant to this part.
(2) Ranks and identifies facilities according to the degree of cancer risk posed both to individuals and to the exposed population.
(3) Identifies facilities which expose individuals or populations to any noncancer health risks.
(4) Describes the status of the development of control measures to reduce emissions of toxic air contaminants, if any.
(b) The district shall disseminate the annual report to county boards of supervisors, city councils, and local health officers and the district board shall hold one or more public hearings to present the report and discuss its content and significance.
(Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 4 - Risk Assessment › Section 44364.

44364. The state board shall utilize the reports and assessments developed pursuant to this part for the purposes of identifying, establishing priorities for, and controlling toxic air contaminants pursuant to Chapter 3.5 (commencing with Section 39650) of Part 2.
(Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 4 - Risk Assessment › Section 44365.

44365. (a) If the state board finds and determines that a district’s actions pursuant to this part do not meet the requirements of this part, the state board may exercise the authority of the district pursuant to this part to approve emissions inventory plans and require the preparation of health risk assessments.
(b) This part does not prevent any district from establishing more stringent criteria and requirements than are specified in this part for approval of emissions inventories and requiring the preparation and submission of health risk assessments. Nothing in this part limits the authority of a district under any other provision of law to assess and regulate releases of hazardous substances.
(Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 4 - Risk Assessment › Section 44366.

44366. In order to verify the accuracy of any information submitted by facilities pursuant to this part, a district or the state board may proceed in accordance with Section 41510.
(Amended by Stats. 2006, Ch. 538, Sec. 407. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 5 - Fees and Regulations › Section 44380.1.

44380.1. A facility shall be granted an exemption by a district from paying a fee in accordance with Section 44380 if all of the following criteria are met:
(a)  The facility primarily handles, processes, stores, or distributes bulk agricultural commodities or handles, feeds, or rears livestock.
(b)  The facility was required to comply with this part only as a result of its particulate matter emissions.
(c)  The fee schedule adopted by the district or the state board for these types of facilities is not solely based on toxic emissions weighted for potency or toxicity.
(Added by Stats. 1993, Ch. 1037, Sec. 4. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 5 - Fees and Regulations › Section 44380.5.

44380.5. In addition to the fee assessed pursuant to Section 44380, a supplemental fee may be assessed by the district, the state board, or the Office of Environmental Health Hazard Assessment upon the operator of a facility that, at the operator’s option, includes supplemental information authorized by paragraph (3) of subdivision (b) of Section 44360 in a health risk assessment, if the review of that supplemental information substantially increases the costs of reviewing the health risk assessment by the district, the state board, or the office. The supplemental fee shall be set by the state board in the regulation required by subdivision (a) of Section 44380 and shall be set in an amount sufficient to cover the direct costs to review the information supplied by an operator pursuant to paragraph (3) of subdivision (b) of Section 44360.
(Added by Stats. 1992, Ch. 1162, Sec. 2. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 5 - Fees and Regulations › Section 44381.

44381. (a) Any person who fails to submit any information, reports, or statements required by this part, or who fails to comply with this part or with any permit, rule, regulation, or requirement issued or adopted pursuant to this part, is subject to a civil penalty of not less than five hundred dollars ($500) or more than ten thousand dollars ($10,000) for each day that the information, report, or statement is not submitted, or that the violation continues.
(b) Any person who knowingly submits any false statement or representation in any application, report, statement, or other document filed, maintained, or used for the purposes of compliance with this part is subject to a civil penalty of not less than one thousand dollars ($1,000) or more than twenty-five thousand dollars ($25,000) per day for each day that the information remains uncorrected.
(Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 5 - Fees and Regulations › Section 44382.

44382. Every district shall, by regulation, adopt the requirements of this part as a condition of every permit issued pursuant to Chapter 4 (commencing with Section 42300) of Part 4 for all new and modified facilities.
(Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 5 - Fees and Regulations › Section 44384.

44384. Except for Section 44380 and this section, all provisions of this part shall become operative on July 1, 1988.
(Added by Stats. 1987, Ch. 1252, Sec. 1. Note: This section prescribes a delayed operative date (except for Section 44380) for Part 6, commencing with Section 44300.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 6 - Facility Toxic Air Contaminant Risk Reduction Audit and Plan › Section 44390.

44390. For purposes of this chapter, the following definitions apply:
(a)  “Airborne toxic risk reduction measure” or “ATRRM” means those in-plant changes in production processes or feedstocks that reduce or eliminate toxic air emissions subject to this part. ATRRM’s may include:
(1)  Feedstock modification.
(2)  Product reformulations.
(3)  Production system modifications.
(4)  System enclosure, emissions control, capture, or conversion.
(5)  Operational standards and practices modification.
(b)  Airborne toxic risk reduction measures do not include measures that will increase risk from exposure to the chemical in another media or that increase the risk to workers or consumers.
(c)  “Airborne toxic risk reduction audit and plan” or “audit and plan” means the audit and plan specified in Section 44392.
(Added by Stats. 1992, Ch. 1162, Sec. 3. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 6 - Facility Toxic Air Contaminant Risk Reduction Audit and Plan › Section 44391.3.

44391.3. A school or school district located in a community with a high cumulative exposure burden, as identified pursuant to Section 44391.2, may do both of the following:
(a) Work with districts to identify school sites in need of air quality improvements.
(b) Be eligible for a grant as part of a community emissions reduction program, adopted pursuant to Section 44391.2, to implement air quality mitigation efforts, including, but not limited to, either of the following:
(1) Air filter upgrades or installations.
(2) Vegetation buffer planting.
(c) This section shall be implemented only if an appropriation for this purpose is made in the annual Budget Act or other statute.
(Added by Stats. 2018, Ch. 714, Sec. 2. (AB 2453) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 6 - Facility Toxic Air Contaminant Risk Reduction Audit and Plan › Section 44391.5.

44391.5. (a) Each statewide strategy update developed by the state board pursuant to Section 44391.2, known as the “Community Air Protection Blueprint” or “Blueprint,” shall additionally identify measures to reduce criteria air pollutants and toxic air contaminants.
(b) A district with a population of 1,000,000 persons or more that issues permits to stationary sources of criteria air pollutants or toxic air contaminants shall make available on an easily identifiable location on the district’s internet website all permits issued by the district for those stationary sources.
(Added by Stats. 2022, Ch. 340, Sec. 2. (AB 1749) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 6 - Facility Toxic Air Contaminant Risk Reduction Audit and Plan › Section 44392.

44392. A facility operator subject to this chapter shall conduct an airborne toxic risk reduction audit and develop a plan which shall include at a minimum all of the following:
(a) The name and location of the facility.
(b) The SIC code for the facility.
(c) The chemical name and the generic classification of the chemical.
(d) An evaluation of the ATRRM’s available to the operator.
(e) The specification of, and rationale for, the ATRRMs that will be implemented by the operator. The audit and plan shall document the rationale for rejecting ATRRMs that are identified as infeasible or too costly.
(f) A schedule for implementing the ATRRMs. The schedule shall meet the time requirements of subdivision (a) of Section 44391 or the time period for implementing the plan set by the district pursuant to subdivision (b) or (c) of Section 44391, whichever is applicable.
(g) The audit and plan shall be reviewed and certified as meeting this chapter by an engineer who is registered as a professional engineer pursuant to Section 6762 of the Business and Professions Code, by an individual who is responsible for the processes and operations of the site, or by an environmental assessor.
(Amended by Stats. 2012, Ch. 39, Sec. 83. (SB 1018) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 6 - Facility Toxic Air Contaminant Risk Reduction Audit and Plan › Section 44393.

44393. The plan prepared pursuant to Section 44391 shall not be considered to be the equivalent of a pollution prevention program or a source reduction program, except insofar as the audit and plan elements are consistent with source reduction, as defined in Section 25244.14, or subsequent statutory definitions of pollution prevention.
(Added by Stats. 1992, Ch. 1162, Sec. 3. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 6 - AIR TOXICS HOT SPOTS INFORMATION AND ASSESSMENT › CHAPTER 6 - Facility Toxic Air Contaminant Risk Reduction Audit and Plan › Section 44394.

44394. Any facility operator who does not submit a complete airborne toxic risk reduction audit and plan or fails to implement the measures set forth in the plan as set forth in this chapter is subject to the civil penalty specified in subdivision (a) of Section 44381, and any facility operator who, in connection with the audit or plan, knowingly submits any false statement or representation is subject to the civil penalty specified in subdivision (b) of Section 44381.
(Added by Stats. 1992, Ch. 1162, Sec. 3. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 9 - HALOGENATED REFRIGERANTS › Section 44471.

44471. (a)  This part applies to products containing or manufactured with CFC-11, CFC-12, and HCFC-22 which have an ozone depletion potential (ODP) of greater than .1, and have been identified by the Environmental Protection Agency as substances controlled by the Montreal Protocol on Substances that Deplete the Ozone Layer. Any reference in this part to CFC, or CFCs, means these substances.
(b)  As used in this part, “vehicle air-conditioner” means mechanical vapor compression refrigeration equipment used to cool the driver’s or passenger compartment of any motor vehicle.
(Added by Stats. 1991, Ch. 874, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 9 - HALOGENATED REFRIGERANTS › Section 44472.

44472. (a)  On and after January 1, 1993, and prior to January 1, 1994, not more than 90 percent of the new 1993 model year or later motor vehicles equipped with vehicle air-conditioners which are certified for sale, sold, or offered for sale in this state shall utilize CFC-based products described in subdivision (a) of Section 44471.
(b)  On and after January 1, 1994, and prior to January 1, 1995, not more than 75 percent of the new 1994 model year or later motor vehicles equipped with vehicle air-conditioners which are certified for sale, sold, or offered for sale in this state shall utilize those CFC-based products.
(c)  On or after September 1, 1994, not more than 10 percent of all model year 1995 vehicles shall utilize those CFC-based products.
(d)  On and after January 1, 1995, no person or business shall certify for sale, sell, or offer to sell a new 1995 or later model year motor vehicle equipped with a vehicle air-conditioner utilizing those CFC-based products.
(Added by Stats. 1991, Ch. 874, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 9 - HALOGENATED REFRIGERANTS › Section 44473.

44473. (a)   Manufacturers of all motor vehicle models described in Section 44472 shall submit quarterly records and an annual report to the state board detailing the percentage of new models certified for sale, sold, or offered for sale in California with CFC-alternative mobile air-conditioning systems not using the CFC-based products enumerated in subdivision (a) of Section 44471. Compliance with Section 44472 shall be based on the total number of new motor vehicle models with non-CFC-based vehicle air-conditioners certified for sale, sold, or offered for sale versus the total number of new motor vehicle models with vehicle air-conditioners certified for sale, sold, or offered for sale in California each year.
(b)  Each of the deadlines set forth in Section 44472 may be extended for a period of not more than two years upon a determination by the state board that chemical or technological alternatives to CFC-based products are not yet available and in sufficient supply, or that manufacturers of new motor vehicles require additional time to redesign vehicle air-conditioning systems.
(c)  The state board shall adopt regulations by March 1, 1992, providing for the enforcement of this part.
(Added by Stats. 1991, Ch. 874, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 9 - HALOGENATED REFRIGERANTS › Section 44474.

44474. Any person or business that violates this part is liable for a civil penalty of five hundred dollars ($500) per incident, not to exceed five thousand dollars ($5,000) per day.
(Added by Stats. 1991, Ch. 874, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 10 - Voluntary Carbon Market Disclosures › Section 44475.1.

44475.1. An entity that purchases or uses voluntary carbon offsets that makes claims regarding the achievement of net zero emissions, claims that the entity, related entity, or a product is “carbon neutral,” or makes other claims implying the entity, related entity, or a product does not add net carbon dioxide or greenhouse gases to the climate or has made significant reductions to its carbon dioxide or greenhouse gas emissions shall disclose on the entity’s internet website all of the following information pertaining to each project or program:
(a) The name of the business entity selling the offset and the offset registry or program.
(b) The project identification number, if applicable.
(c) The project name as listed in the registry or program, if applicable.
(d) The offset project type, including whether the offsets purchased were derived from a carbon removal, an avoided emission, or a combination of both, and site location.
(e) The specific protocol used to estimate emissions reductions or removal benefits.
(f) Whether there is independent third-party verification of company data and claims listed.
(g) This section does not apply to entities that do not operate within the state or do not purchase or use voluntary carbon offsets sold within the state.
(Added by Stats. 2023, Ch. 365, Sec. 1. (AB 1305) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 10 - Voluntary Carbon Market Disclosures › Section 44475.2.

44475.2. An entity that makes claims regarding the achievement of net zero emissions, claims that the entity, a related or affiliated entity, or a product is “carbon neutral,” or makes other claims implying the entity, related or affiliated entity, or a product does not add net carbon dioxide or greenhouse gases, as defined in Section 38505, to the climate or has made significant reductions to its carbon dioxide or greenhouse gas emissions, as described in Section 38505, shall disclose on the entity’s internet website all of the following information pertaining to all greenhouse gas emissions associated with its claims:
(a) All information documenting how, if at all, a “carbon neutral,” “net zero emission,” or other similar claim was determined to be accurate or actually accomplished, and how interim progress toward that goal is being measured. This information may include, but not be limited to, disclosure of independent third-party verification of all of the entity’s greenhouse gas emissions, identification of the entity’s science-based targets for its emissions reduction pathway, and disclosure of the relevant sector methodology and third-party verification used for the entity’s science-based targets and emissions reduction pathway.
(b) Whether there is independent third-party verification of the company data and claims listed.
(c) This section does not apply to entities that either do not operate within the state, or that do not make claims within the state.
(Added by Stats. 2023, Ch. 365, Sec. 1. (AB 1305) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 10 - Voluntary Carbon Market Disclosures › Section 44475.3.

44475.3. (a) A person who violates this part is subject to a civil penalty of not more than two thousand five hundred dollars ($2,500) per day, for each day that information is not available or is inaccurate on the person’s internet website, for each violation, not to exceed a total amount of five hundred thousand dollars ($500,000), which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by a district attorney, county counsel, or city attorney in a court of competent jurisdiction.
(b) Disclosures pursuant to this part shall be updated no less than annually.
(Added by Stats. 2023, Ch. 365, Sec. 1. (AB 1305) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 1 - General Provisions and Definitions › Section 44502.

44502. It is the purpose of this division to carry out and make effective the findings of the Legislature and to that end to do all of the following, to the mutual benefit of the people of the state and to protect their health and welfare:
(a) To provide industry within the state, irrespective of company size, with an alternative method of financing in providing, acquiring, enlarging, or installing facilities for establishing pollution control, providing supplies of clean water, and producing energy from alternative or renewable sources, that are needed to accomplish the purposes of this division.
(b) To assist economically distressed counties and cities to develop and implement growth policies and programs that reduce pollution hazards and the degradation of the environment or promote infill development.
(c) To assist with the financing of the costs of assessment, remedial planning and reporting, technical assistance, and the cleanup, remediation, or development of brownfield sites, or other similar or related costs.
(Amended by Stats. 2009, Ch. 643, Sec. 2. (SB 832) Effective November 2, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 1 - General Provisions and Definitions › Section 44503.

44503. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 1 - General Provisions and Definitions › Section 44504.

44504. “Authority” means the California Pollution Control Financing Authority established pursuant to Section 44515 and any board, commission, department, or officer succeeding to the functions thereof or to whom the powers conferred upon the authority by this division shall be given by law.
(Amended by Stats. 1979, Ch. 839.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 1 - General Provisions and Definitions › Section 44504.1.

44504.1. “Brownfield site” means a real estate parcel or improvements located on the parcel, or both that parcel and the improvements, which is abandoned, idled, or underused, due to real or perceived environmental contamination, including, but not limited to, soil or groundwater contamination, the presence of underground storage tanks, or the presence of asbestos or lead paint on the parcel or in the improvements located on the parcel, which after assessment and planning, is determined to have a reasonable potential for economically beneficial reuse.
(Added by Stats. 2000, Ch. 915, Sec. 3. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 1 - General Provisions and Definitions › Section 44505.

44505. “Cost” as applied to a project or portion thereof financed under the provisions of this division embraced all or any part of the cost of construction and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to, during and for a period after completion of such construction as determined by the authority, provisions for working capital, reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations and improvements, the cost of architectural, engineering, financial and legal services, plans, specifications, estimates, administrative expenses and other expenses necessary or incident to determining the feasibility of constructing any project or incident to the construction or acquisition or financing of any project.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 1 - General Provisions and Definitions › Section 44506.

44506. “Participating party” means any person, company, corporation, public agency, partnership, firm, or other entity or group of entities engaged in operations within this state that requires financing pursuant to the terms of this division to aid and assist in the control, remediation, or elimination of pollution of the environment of the state.
(Amended by Stats. 2009, Ch. 643, Sec. 3. (SB 832) Effective November 2, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 1 - General Provisions and Definitions › Section 44507.

44507. “Pollution” means an alteration of the quality of the environment of the state and shall be determined by the various standards prescribed from time to time by this state, the federal government, or any agency, department, or political subdivision of this state or the federal government, and may include, but is not limited to, all of the following:
(a) Earth, air, or water pollution.
(b) Pollution caused by solid or hazardous waste materials including the disposal or processing of these materials.
(c) Thermal pollution.
(d) Radiation contamination.
(e) The release of hazardous materials.
(f) Noise pollution.
(g) Contamination of soil or groundwater resulting from the release of hazardous materials, as defined in Section 25260.
(h) The presence of asbestos or lead paint, at sites with a reasonable potential for economically beneficial reuse.
(i) Any natural or manmade substance that must be removed to provide safe drinking water.
(Amended by Stats. 2009, Ch. 643, Sec. 4. (SB 832) Effective November 2, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 1 - General Provisions and Definitions › Section 44508.

44508. “Project” and “pollution control facility,” respectively, mean any land, building, structure, improvement thereto, work, real or personal property, vehicle, or equipment providing or designed to provide for the control, reduction, abatement, elimination, remediation, or prevention of pollution, improvement of air, water, or soil quality, ensure the safe handling, recycling, or disposal of materials that might otherwise be improperly disposed of, or provide for environmental restoration, cleanup, or enhancement. Eligible projects include, but are not limited to, any type of project described in this section that is authorized pursuant to federal law for tax-exempt or tax credit financing. Eligible projects may also include any facility described in Section 142(a)(4), (5), (6), (8), (9), (10), (12), or (14) of Title 26 of the United States Code.
(Amended by Stats. 2010, Ch. 414, Sec. 1. (SB 1477) Effective September 28, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 1 - General Provisions and Definitions › Section 44509.

44509. “Public agency” means any state agency, board, or commission, any county, city and county, city, regional agency, public district, or other political subdivision.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 1 - General Provisions and Definitions › Section 44510.

44510. “Revenues” means all rents, receipts, purchase payments and all other income or receipts derived by the authority from the sale, lease, or other disposition of pollution control facilities, loan repayments under any loans made in connection with financing pollution control facilities, and any income or revenue derived from the investment of any money in any fund or account of the authority.
(Amended by Stats. 2009, Ch. 643, Sec. 6. (SB 832) Effective November 2, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 1 - General Provisions and Definitions › Section 44511.

44511. “Renewable energy resource device” means any device, or any combination of devices, which produces heat, process heat, space heating, water heating, steam, space cooling, refrigeration, mechanical energy, electricity, or energy in any form convertible to such uses, which do not expend or use fossil or nuclear fuels except when used for pumps, fans, or other minor controls.
(Added by Stats. 1980, Ch. 794.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 1 - General Provisions and Definitions › Section 44512.

44512. “Energy conservation program” means any program which utilizes techniques or devices including, but not limited to, cogeneration, waste heat recovery systems, efficient lighting systems, and energy efficiency improvements to industrial processes, which are primarily intended to reduce energy consumption.
(Added by Stats. 1980, Ch. 794.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 2 - Organization of Authority › Section 44515.

44515. There is in the state government the California Pollution Control Financing Authority. The authority constitutes a public instrumentality and a political subdivision of the State of California, and the exercise by the authority of the powers conferred by this division shall be deemed and held to be the performance of an essential public function. The authority shall consist of three members: the Director of Finance, the State Treasurer, and the State Controller.
The Director of Finance may designate a deputy or other official in the Department of Finance to act for him or her and represent him or her at all meetings of the authority.
The first meeting of the authority shall be convened by the Director of Finance.
(Amended by Stats. 2008, Ch. 211, Sec. 9. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 2 - Organization of Authority › Section 44517.

44517. The authority shall have and is hereby vested with all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed upon it under this division.
(Added by Stats. 1979, Ch. 839.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 2 - Organization of Authority › Section 44519.

44519. The authority may employ an executive director and any other persons as are necessary to enable it properly to perform the duties imposed upon it by this division. The authority may, by resolution, delegate to one or more of its members, its executive director, or any other official or employee of the authority any powers and duties that it may deem proper, including, but not limited to, the power to enter into contracts on behalf of the authority.
(Amended by Stats. 2008, Ch. 211, Sec. 10. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 2 - Organization of Authority › Section 44520.

44520. (a)  The authority shall, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, adopt all necessary rules and regulations to carry out its powers and duties under this division. The authority may call upon any board or department of the state government for aid and assistance in the preparation of plans and specifications and in the development of technology necessary to effectively control pollution.
(b)  Notwithstanding subdivision (a), the authority, or any other agency implementing a small business or brownfield site financing assistance program pursuant to an interagency agreement with the authority, may adopt regulations relating to small business or brownfield site financing as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of that Chapter 3.5, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with that Chapter 3.5.
(c)  Notwithstanding subdivision (a), the authority, or any other agency implementing a loan program pursuant to an interagency agreement with the authority, may adopt regulations relating to the loans and grants authorized under subdivision (g) of Section 44526 as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of that Chapter 3.5, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with that Chapter 3.5.
(Amended by Stats. 2009, Ch. 643, Sec. 7. (SB 832) Effective November 2, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 2 - Organization of Authority › Section 44521.

44521. (a)  The Attorney General shall be the legal counsel for the authority, but with the approval of the Attorney General, the authority may employ such legal counsel as in its judgment is necessary or advisable to enable it to carry out the duties and functions imposed upon it by this division, including the employment of such bond counsel as may be deemed advisable in connection with the issuance and sale of bonds.
(b)  The State Treasurer shall be the treasurer for the authority.
(Repealed and added by Stats. 1979, Ch. 839.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 2 - Organization of Authority › Section 44522.

44522. The authority is authorized and empowered:
(a)  To adopt an official seal.
(b)  To sue and be sued in its own name.
(c)  To do all things generally necessary or convenient to carry out its powers and the purposes under this division.
(d)  To make temporary loans from those funds set aside for its administrative costs to state financing authorities or advisory commissions created by a statute which takes effect on or after January 1, 1981, and which designates the State Treasurer as the chairperson, such loans to be returned with interest as specified by Section 16314 of the Government Code.
(Amended by Stats. 1981, Ch. 1091.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 3 - Projects › Section 44525.

44525. The authority may charge reasonable application and project fees to reimburse the authority for costs incurred in administering applications for financing pursuant to this division and to support authority programs, including, but not limited to, the Capital Access Loan Program authorized by Article 8 (commencing with Section 44559), and grants and loans as authorized by subdivisions (h) and (g) of Section 44526.
(Amended by Stats. 2009, Ch. 643, Sec. 8. (SB 832) Effective November 2, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 3 - Projects › Section 44525.7.

44525.7. (a) Commencing in 2002, and annually thereafter, the authority shall submit a report to the Legislature regarding the loan program described in subdivision (g) of Section 44526.
(b) This section shall not become operative if Assembly Bill 779 of the 1999–2000 Regular Session is enacted.
(Added by Stats. 2000, Ch. 915, Sec. 7. Effective January 1, 2001. This section is inoperative pursuant to failure of condition in subd. (b). See the fully operative Section 44525.7 (added by Sec. 7.5 of Ch. 915), as amended by Stats. 2009, Ch. 643. Note: Stats. 2015, Ch. 303, Sec. 325, was intended by the Legislature to repeal this inoperative version but incorrectly identified the version of this section amended by Stats. 2009, Ch. 643, Sec. 11.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 3 - Projects › Section 44525.7.

44525.7. Commencing in 2002, and annually thereafter, the authority shall submit a report to the Legislature regarding the program described in subdivision (h) of Section 44526.
(Amended (as added by Stats. 2000, Ch. 915, Sec. 7.5) by Stats. 2009, Ch. 643, Sec. 11. (SB 832) Effective November 2, 2009. Note: This operative section is retained in the code because its purported repeal by Stats. 2015, Ch. 303, Sec. 325, was ineffective as outside the scope of Ch. 303. Sec. 325 of Ch. 303, which incorrectly identified this operative version, was intended by the Legislature to repeal the inoperative version added by Stats. 2000, Ch. 915, Sec. 7.)
2023 California Code › Health and Safety Code - HSC › DIVISION 27 - CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT › CHAPTER 1 - California Pollution Control Financing Authority › ARTICLE 4 - General Powers and Duties › Section 44530.

44530. All expenses incurred in carrying out the provisions of this division shall be payable solely from funds provided under the authority of this division and no liability or obligation shall be imposed upon the State of California and none shall be incurred by the authority beyond the extent to which moneys shall have been provided under the provisions of this division. Under no circumstances shall the authority create any debt, liability, or obligation on the part of the State of California payable from any source whatsoever other than the moneys provided under the provisions of this division.
(Amended by Stats. 2009, Ch. 643, Sec. 13. (SB 832) Effective November 2, 2009.)