reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.6 - Air Toxics "Hot Spots" Fee Regulation › Article 3 - Fees › Section 90705 - Fee Payment and Collection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each district shall notify and assess the operator of each facility subject to
					 this regulation in writing of the fee due. Except as provided in Sections
					 90702(c) and (d),
					 90703,
					 90704(g), and
					 90704(h), each
					 district shall use the facility program category as the basis for billing. The
					 operator shall remit the fee to the district within 60 days after the receipt
					 of the fee assessment notice or the fee will be considered past due. If an
					 operator fails to pay the fee within 60 days of this notice, the district shall
					 assess a penalty of not more than 100 percent of the assessed fee, but in an
					 amount sufficient, in the district's determination, to pay the district's
					 additional expenses incurred by the operator's non-compliance. If an operator
					 fails to pay the fee within 120 days after receipt of this notice, the district
					 may initiate permit revocation proceedings. If any permit is revoked it shall
					 be reinstated only upon full payment of the overdue fee plus any late penalty,
					 and a reinstatement fee to cover administrative costs of reinstating the
					 permit.
(1) The invoices sent by the
					 districts to the facilities shall contain, but not be limited to, the following
					 information: name and address of the facility; name, address, and phone number
					 contact of the district sending the bill, invoice number, fiscal year for which
					 the bill is being sent, where to send the remittance, an indication of whether
					 or not a small business cap is applicable, and the following statement: "The
					 California Health and Safety Code Section
					 44380
					 requires the collection of fees from facilities subject to the requirements of
					 the Air Toxics Hot Spots Information and Assessment Act of
					 1987."
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.6 - Air Toxics "Hot Spots" Fee Regulation › Article 3 - Fees › Table 1 - Revenues to be Remitted to Cover State Costs by District

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
District
Revenues to Be
								Remitted
Amador..........................
$ 105
Antelope Valley..........................
8,248
Bay
								Area..........................
121,307
Butte..........................
4,433
Calaveras..........................
0
Colusa..........................
0
El Dorado..........................
6,441
Feather River..........................
535
Glenn..........................
140
Great Basin..........................
5,004
Imperial..........................
9,620
Kern..........................
694
Lake
								..........................
70
Lassen..........................
3,129
Mariposa..........................
507
Mendocino..........................
7,555
Modoc..........................
0
Mojave Desert..........................
22,015
Monterey..........................
4,109
North Coast..........................
1,607
Northern Sierra..........................
805
Northern Sonoma..........................
70
Placer..........................
10,945
Sacramento..........................
19,647
San Diego..........................
113,949
San Joaquin
								Valley..........................
45,435
San Luis
								Obispo..........................
560
Santa Barbara..........................
28,688
Shasta
								..........................
9,088
Siskiyou..........................
5,069
South Coast..........................
478,158
Tehama..........................
1,257
Tuolumne..........................
700
Ventura
								..........................
29,934
Yolo-Solano..........................
5,978
Total..........................
$945,802
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.6 - Air Toxics "Hot Spots" Fee Regulation › Article 3 - Fees › Table 2 - District Costs to be Recovered Through the Fee Regulation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
District
Anticipated District
								  Costs
*
Antelope
								Valley..........................
12,570
Great Basin..........................
3,570
Lassen..........................
2,489
Mojave
								Desert..........................
31,985
Santa Barbara..........................
50,000
Total..........................
$100,614
__________
* These amounts may reflect
								adjustments for excess or insufficient revenues under sections
								90705(c) and
								(d)(1).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.6 - Air Toxics "Hot Spots" Fee Regulation › Article 3 - Fees › Table 3a - Cost per Facility by District and Facility Program Category

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
District
Unprioritized
								(Simple)
Unprioritized
								(Medium)
Unprioritized
								(Complex)
Tracking
								(Simple)
Tracking
								(Medium)
Tracking
								(Complex)
State Facility Fee Rate
402
603
804
67
100
134
Total Fee
(State Portion + District Portion)
Antelope
								Valley
Great
								Basin
780
1,170
1,560
Lassen
Mojave Desert
800
4,143
460
690
921
Santa Barbara
344
516
688
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.6 - Air Toxics "Hot Spots" Fee Regulation › Article 3 - Fees › Table 3b - Cost per Facility by District and Facility Program Category

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
District
Score >10
								  (Simple)
Score >10
								  (Medium)
Score >10
								  (Complex)
Risk >=10 < 50
								  (Simple)
Risk >=10 < 50
								  (Medium)
Risk >=10 < 50
								  (Complex)
State Facility Fee
								Rate
1,674
2,009
2,344
3,014
3,349
3,684
Total Fee
(State Portion + District Portion)
Antelope
								Valley
7,113
10,150
Great Basin
2,555
Lassen
4,498
Mojave Desert
10,428
11,157
Santa Barbara
7,725
8,337
8,949
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.6 - Air Toxics "Hot Spots" Fee Regulation › Article 3 - Fees › Table 3c - Cost per Facility by District and Facility Program Category

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
District
Risk
								>= 50 < 100 (Simple)
Risk >= 50
								< 100 (Medium)
Risk >= 50 < 100
								(Complex)
Risk > = 100
								(Simple)
Risk > = 100
								(Medium)
Risk > = 100
								(Complex)
State Facility Fee
								Rate
4,353
4,688
5,023
5,693
6,028
6,363
Total Fee
(State Portion + District Portion)
Antelope
								Valley
Great Basin
Lassen
Mojave Desert
13,676
Santa Barbara
10,507
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.6 - Air Toxics "Hot Spots" Fee Regulation › Article 3 - Fees › Table 4 - District Fees for Industrywide and District Update Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Table 4* District Fees for Industrywide and
						District Update Facilities
District
Industrywide
								Facilities
District Update
								Facilities
Antelope Valley
0
125
Great Basin
25
250
Lassen
0
0
Mojave Desert
0
125
Santa Barbara
60
125
__________
* State cost
								per facility is consistent statewide as follows:
State Industrywide facilities: $35
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.6 - Air Toxics "Hot Spots" Fee Regulation › Article 3 - Fees › Appendix A - Air Pollution Control District Air Toxic Inventories, Reports or Surveys

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. San Diego County Air Pollution Control District "List
						of Semiconductor Manufacturers Using Toxic Gases (Arsine or Phosphine). May
						1988."
2. San Joaquin Valley Unified Air Pollution Control
						District "San Joaquin Valley Unified APCD Toxics List. February 25,
						1994."
3. Santa Barbara County Air Pollution Control District
						"Current Santa Barbara County Air Pollution Control District List of Air Toxic
						Sources. July 14, 1997."
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90800 - Fee Requirements for Fiscal Year 1989-90. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-6-89; operative 11-5-89 (Register 89, No. 43).
2.
					 Amendment to title filed 3-6-91; operative 3-6-91 pursuant to Government Code
					 section
					 11346.2
					 (Register 91, No. 14).
3. Change without regulatory effect repealing
					 section filed 3-18-96 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 12).
4. Amendment of subchapter
					 heading filed 2-5-2004; operative 2-5-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 6).
Note: Authority cited: Sections
						39600,
						39601
						and
						39612,
						Health and Safety Code. Reference: Sections
						39002,
						39500,
						39600
						and
						39612,
						Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90800.1 - Fee Requirements for Fiscal Year 1990-91. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-6-91; operative 3-6-91 pursuant to Government Code section
					 11346.2
					 (Register 91, No. 14).
2. Change without regulatory effect repealing
					 section filed 3-18-96 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 12).
Note: Authority cited: Sections
						39600,
						39601
						and
						39612,
						Health and Safety Code. Reference: Sections
						39002,
						39500,
						39600
						and
						39612,
						Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90800.2 - Fee Requirements for Fiscal Year 1991-92. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-18-91; operative 10-18-91 (Register 92, No. 2).
2.
					 Editorial correction of subsection (a) (Register 95, No. 49).
3.
					 Change without regulatory effect repealing section filed 3-18-96 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 96, No. 12).
Note: Authority cited: Sections
						39600,
						39601
						and
						39612,
						Health and Safety Code. Reference: Sections
						39002,
						39500,
						39600
						and
						39612,
						Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90800.3 - Fee Requirements for Fiscal Year 1992-93. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-11-92; operative 9-10-92 (Register 92, No 33).
2.
					 Change without regulatory effect repealing section filed 3-18-96 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 96, No. 12).
Note: Authority cited: Sections
						39600,
						39601
						and
						39612,
						Health and Safety Code. Reference: Sections
						39002,
						39500,
						39600
						and
						39612,
						Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90800.4 - Fee Requirements for Fiscal Year 1993-94. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-15-93; operative 7-1-93 (Register 93, No. 25).
2.
					 Change without regulatory effect repealing section filed 3-18-96 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 96, No. 12).
Note: Authority cited: Sections
						39600,
						39601
						and
						39612,
						Health and Safety Code. Reference: Sections
						39002,
						39500,
						39600
						and
						39612,
						Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90800.75 - Operative Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The amendments to this subchapter filed with the Secretary
					 of State on February 5, 2004 are operative on February 5,
					 2004.
1. New
					 section filed 2-5-2004; operative 2-5-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 6).
Note: Authority cited: Sections
						39600,
						39601,
						39612
						and
						39613,
						Health and Safety Code. Reference: Sections
						39002,
						39500,
						39600,
						39612
						and
						39613,
						Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90800.8 - Fee Requirements for the 2003-2004 and Subsequent Fiscal Years

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicability.
(1) This subchapter applies to:
(A) Any facility that emits 250 tons or more
				  annually of any nonattainment pollutant or precursor, as provided in section
				  90800.8(c)(4),
				  and
(B) Any consumer products or
				  architectural coatings manufacturer for which the total sales of the
				  manufacturer's consumer products or architectural coatings resulted in VOC
				  emissions of 250 tons or more during a calendar year, as provided in section
				  90800.8(c)(5).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90800.9 - Optional Process for Districts to Collect Fees from Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding
				  the provisions of sections
				  90800.8 and
				  90802, each district shall have
				  the option for any fiscal year to collect fees from facilities within the
				  district instead of having the state board collect the fees. A district that
				  chooses to collect fees from facilities pursuant to this section shall follow
				  the process set forth below in section
				  90800.9(b) or
				  (c). For districts that do not choose to
				  collect fees from facilities, the Executive Officer shall follow the process
				  specified in sections
				  90800.8 and
				  90802. Districts shall not have
				  the option to collect fees from consumer products manufacturers and
				  architectural coatings manufacturers.
(b) 2003-2004 Fiscal Year.
(1) Notification. A district that chooses to
				  collect fees from facilities for the 2003-2004 fiscal year shall notify the
				  Executive Officer no later than 10 days after the operative date of this
				  section. No later than 30 days after the operative date of this section, the
				  Executive Officer shall provide written notice to each district and facility
				  operator, as specified in section
				  90800.8(a)(2)(A).
(2) Collection and Transmittal of Fees to the
				  State Board. Each facility operator notified under section
				  90800.8(a)(2)(A)
				  shall transmit the specified dollar amount to the district within 60 days of
				  notification. No later than 90 days after notification under section
				  90800.8(a)(2)(A),
				  each district shall transmit the fees to the state board for deposit in the Air
				  Pollution Control Fund. The amount transmitted shall be collected by the
				  district from all facilities in the district that are identified in the
				  Executive Officer's notification. The fees shall be in addition to permit and
				  other fees already authorized to be collected from such sources. Districts
				  shall assess late fees and may recover administrative costs for the 2003-2004
				  fiscal year as provided in sections
				  90800.9(c)(3) and
				  (c)(4).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90801 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this subchapter, the following
					 definitions apply:
(a) "Architectural
				  Coating" means a coating to be applied to stationary structures or their
				  appurtenances at the site of installation, to portable buildings at the site of
				  installation, to pavements, or to curbs. Coatings applied in shop applications
				  or to non-stationary structures such as airplanes, ships, boats, railcars, and
				  automobiles, and adhesives are not considered architectural coatings for the
				  purposes of this subchapter.
(b)
				  "Architectural Coatings Manufacturer" means:
(1) any company or person that imports,
				  manufactures, produces, packages, or repackages architectural coatings for sale
				  or distribution in the State of California; and
(2) for an architectural coatings
				  manufacturer under the control of a holding or parent company, the holding or
				  parent company.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90802 - Fee Payment and Collection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Executive Officer shall notify and assess the operator of each facility,
				  each consumer products manufacturer, and each architectural coatings
				  manufacturer subject to fees, in writing of the fee due as provided in
				  subsections (a)(2), (c), (d), and (e)(2) of section
				  90800.8. At the request of a
				  holding or parent company, the Executive Officer shall provide separate written
				  notice of their individual fee determinations to each consumer products or
				  architectural coatings manufacturer within the holding or parent company. The
				  fee shall be past due 60 days after receipt by the operator or manufacturer of
				  the fee determination notice.
(b)
				  Late Fees. The Executive Officer shall assess an additional fee on operators,
				  consumer products manufacturers, and architectural coatings manufacturers
				  failing to pay the fee within 60 days of receipt of the fee determination
				  notice. The Executive Officer shall set the late fee in an amount sufficient to
				  pay the state board's additional expenses incurred by the operator's or
				  manufacturer's untimely payment.
(c) Any fees submitted to the state which
				  exceed or are less than the costs to the state of additional state programs
				  authorized or required by the State Legislature shall be carried over by the
				  state for adjustments to the fees assessed in the subsequent fiscal
				  year.
1. New
					 section filed 10-6-89; operative 11-5-89 (Register 89, No. 43).
2.
					 Amendment to subsections (c) and (d) filed 3-6-91; operative 3-6-91 pursuant to
					 Government Code section
					 11346.2
					 (Register 91, No. 14).
3. Editorial correction of printing error in
					 subsection (a) (Register 92, No. 2).
4. Amendment of section and
					 NOTE filed 2-5-2004; operative 2-5-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 6).
Note: Authority cited: Sections
						39600,
						39601,
						39612
						and
						39613,
						Health and Safety Code. Reference: Sections
						39002,
						39500,
						39600,
						39612
						and
						39613,
						Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90803 - Failure of Facility to Pay Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For districts exercising the option to collect fees as
					 provided in sections
					 90800.9 or
					 90805, in the event any district
					 is unable to collect the assessed fee from any source due to circumstances
					 beyond the control of the district, including but not limited to facility
					 closure, emission qualification errors, or refusal of the operator to pay
					 despite permit revocation and/or other enforcement action, such district shall
					 notify the Executive Officer. For demonstrated good cause, the district may be
					 relieved from that portion of the fees the district is required to collect and
					 remit to the state as set forth in sections
					 90800.8 and
					 90800.9. Nothing herein shall
					 relieve the operator from any obligation to pay any fees assessed pursuant to
					 these regulations.
1. New
					 section filed 10-6-89; operative 11-5-89 (Register 89, No. 43).
2.
					 Amendment filed 3-6-91; operative 3-6-91 pursuant to Government Code section
					 11346.2
					 (Register 91, No. 14).
3. Amendment filed 9-18-91; operative
					 10-18-91 (Register 92, No. 2).
4. Amendment filed 8-11-92; operative
					 9-10-92 (Register 92, No. 33).
5. Amendment filed 6-15-93; operative
					 7-1-93 (Register 93, No. 25).
6. Amendment filed 11-28-94; operative
					 12-28-94 (Register 94, No. 48).
7. Amendment filed 1-10-96;
					 operative 2-9-96 (Register 96, No. 2).
8. Amendment filed 11-22-96;
					 operative 12-22-96 (Register 96, No. 47).
9. Amendment filed
					 4-14-98; operative 4-14-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 16).
10. Amendment of section and NOTE filed
					 2-5-2004; operative 2-5-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 6).
11. Amendment filed 3-3-2005; operative
					 3-3-2005 pursuant to Government Code section
					 11343.4
					 (Register 2005, No. 9).
Note: Authority cited: Section
						39600,
						39601,
						39612
						and
						39613,
						Health and Safety Code. Reference: Sections
						39002,
						39500,
						39600,
						39612
						and
						39613,
						Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90804 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each part of this subchapter is deemed severable, and in
					 the event that any part of this subchapter is held to be invalid, the remainder
					 of this subchapter shall continue in full force and effect.
1. New
					 section filed 2-5-2004; operative 2-5-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 6).
Note: Authority cited: Sections
						39600,
						39601,
						39612
						and
						39613,
						Health and Safety Code. Reference: Sections
						39002,
						39500,
						39600,
						39612
						and
						39613,
						Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90805 - Supplemental Fee Assessments for Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicability. This section applies in
				  any fiscal year in which the State Legislature has authorized the state board
				  to collect fees in excess of $17.4 million to recover the costs of additional
				  state programs related to nonvehicular sources, consumer products, and
				  architectural coatings.
(b)
				  Determination of Supplemental Fees to be Assessed
(1) Needed Supplemental Fees. The Executive
				  Officer shall determine the needed revenues as specified in section
				  90800.8(c)(1). If
				  the needed revenues are equal to or less than $17.4 million, the revenues shall
				  be collected from facilities, consumer products manufacturers, and
				  architectural coatings manufacturers as provided in sections
				  90800.8 to
				  90803. If the needed revenues are
				  in excess of $17.4 million, the amount in excess of $17.4 million shall be
				  collected as supplemental fees from facilities, as provided in the following
				  subsections. The total revenues collected from facilities pursuant to this
				  subchapter:
(A) shall not exceed the amount
				  authorized by Health and Safety Code section
				  39612(f)
				  or other provisions of State law, and
(B) may include a percentage increase in
				  revenues by an amount not to exceed the annual percentage change in the
				  California Consumer Price Index, as provided in Health and Safety Code section
				  39612(f)(2),
				  if such an increase is necessary to collect the revenues authorized by the
				  State Legislature for any fiscal year.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 3.8 - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations › Section 90806 - Compliance with State Legislature Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the State Legislature in any fiscal
				  year specifies particular amounts or percentages that are to be collected from
				  the categories of nonvehicular sources, consumer products, or architectural
				  coatings, the Executive Officer shall comply with the Legislature's direction
				  notwithstanding the provisions of this subchapter.
(b) If the State Legislature modifies the 250
				  tons per year threshold specified in section
				  39612(d) or
				  section
				  39613
				  of the Health and Safety Code, the modified threshold for nonvehicular sources,
				  consumer products, or architectural coatings that is specified by the State
				  Legislature shall be used in this subchapter instead of the existing 250 tons
				  per year threshold.
1. New
					 section filed 3-3-2005; operative 3-3-2005 pursuant to Government Code section
					 11343.4
					 (Register 2005, No. 9).
Note: Authority cited: Sections
						39600,
						39601,
						39612
						and
						39613,
						Health and Safety Code. Reference: Sections
						39002,
						39500,
						39600,
						39612
						and
						39613,
						Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 4 - Disclosure of Public Records › Article 1 - General › Section 91000 - Scope and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter shall apply to all requests to the state
						board under the California Public Records Act (Government Code Sections
						6250 et
						seq.) for the disclosure of public records or for maintaining the
						confidentiality of data received by the state board. Written guidelines shall
						govern the internal review of such requests.
1. New
						Subchapter 4 (Sections
						91000 through
						91022, not consecutive) filed
						1-26-73; effective thirtieth day thereafter (Register 73, No. 4).
2.
						Amendment filed 9-28-73; effective thirtieth day thereafter (Register 73, No.
						39).
3. Amendment of NOTE filed 3-18-77; effective thirtieth day
						thereafter (Register 77, No. 12).
4. Repealer and new section filed
						10-5-82; effective thirtieth day thereafter (Register 82, No.
						41).
Note: Authority cited: Sections
						  39600
						  and
						  39601(a),
						  Health and Safety Code. Reference: California Public Records Act, Chapter 3.5
						  (commencing with Section
						  6250), Division 7, Government
						  Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 4 - Disclosure of Public Records › Article 1 - General › Section 91001 - Disclosure Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is the policy of the state board that all records not
						exempted from disclosure by state law shall be open for public inspection with
						the least possible delay and expense to the requesting party.
1.
						Amendment filed 9-28-73; effective thirtieth day thereafter (Register 73, No.
						39).
2. Amendment and new NOTE filed 3-18-77; effective thirtieth
						day thereafter (Register 77, No. 12).
3. Repealer and new section
						filed 10-5-82; effective thirtieth day thereafter (Register 82, No.
						41).
Note: Authority cited: Sections
						  39600
						  and
						  39601(a),
						  Health and Safety Code. Reference: Section
						  6253,
						  Government Code; Black Panther Party v. Kehoe (1974) 42 Cal.App.3d
						  645.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 4 - Disclosure of Public Records › Article 2 - Board's Requests for Information › Section 91010 - Request Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The state board shall give notice to any person from whom
						it requests information that the information provided may be released (1) to
						the public upon request, except trade secrets which are not emission data or
						other information which is exempt from disclosure or the disclosure of which is
						prohibited by law, and (2) to the federal Environmental Protection Agency,
						which protects trade secrets as provided in Section
						114(c) of the
						Clean Air Act and amendments thereto (42 USC 7401 et seq.) and in
						federal regulations.
1.
						Amendment of subsections (a) and (b) filed 9-28-73; effective thirtieth day
						thereafter (Register 73, No. 39).
2. Amendment of subsection (a),
						(b) and (c), and new NOTE, filed 3-18-77; effective thirtieth day thereafter
						(Register 77, No. 12).
3. Amendment filed 10-5-82; effective
						thirtieth day thereafter (Register 82, No. 41).
4. Editorial
						correction filed 5-7-84; effective thirtieth day thereafter (Register 84, No.
						19).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  39602,
						  Health and Safety Code. Reference: Sections
						  39701,
						  41510,
						  41511,
						  41512
						  and
						  42705,
						  Health and Safety Code; and Section
						  6253,
						  Government Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 4 - Disclosure of Public Records › Article 2 - Board's Requests for Information › Section 91011 - Submissions of Confidential Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person submitting to the state board any records
						containing data claimed to be "trade secret" or otherwise exempt from
						disclosure under Government Code Section
						6254 or
						6254.7 or
						under other applicable provisions of law shall, at the time of submission,
						identify in writing the portions of the records containing such data as
						"confidential" and shall provide the name, address and telephone number of the
						individual to be contacted if the state board receives a request for disclosure
						of or seeks to disclose the data claimed to be confidential. Emission data
						shall not be identified as confidential. The state board shall not disclose
						data identified as confidential, except in accordance with the requirements of
						this subchapter or Section
						39660(e)
						of the Health and Safety Code.
1. New
						section filed 10-5-82; effective thirtieth day thereafter (Register 82, No.
						41). For history of former section, see Register 73, No. 39.
2.
						Amendment filed 7-10-84; effective thirtieth day thereafter (Register 84, No.
						28).
Note: Authority cited: Sections
						  39600 and
						  39601, Heath and Safety Code.
						  Reference: Sections
						  39660,
						  39701,
						  41500,
						  41511,
						  41512
						  and
						  42705,
						  Health and Safety Code; Sections
						  6253,
						  6254 and
						  6254.7,
						  Government Code; Natural Resources Defense Council v. EPA, 489 F.2d 390 (5th
						  Cir. 1974) (6 ERC 1248); Northern California Police Practices Project v. Craig
						  (1979) 90 Cal.App.3d 116; Uribe v. Howie (1971) 19 Cal.App.3d
						  194.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 4 - Disclosure of Public Records › Article 3 - Inspection of Public Records › Section 91020 - Disclosure Policy. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 10-5-82; effective thirtieth day thereafter (Register 82, No.
						41).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 4 - Disclosure of Public Records › Article 3 - Inspection of Public Records › Section 91021 - Disclosure Procedure. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of subsections (c) and (d)(3) filed 9-28-73; effective thirtieth day
						thereafter (Register 73, No. 39).
2. Amendment and new NOTE filed
						3-18-77; effective thirtieth day thereafter (Register 77, No.
						12).
3. Repealer filed 10-5-82; effective thirtieth day thereafter
						(Register 82, No. 41).
Note: Authority cited: Section
						  39601,
						  Health and Safety Code. Reference: Sections
						  6253-
						  6257,
						  Government Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 4 - Disclosure of Public Records › Article 3 - Inspection of Public Records › Section 91022 - Disclosure of Confidential Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section shall apply to all data in
					 the custody of the state board
(1) designated
					 "trade secret" prior to the adoption of this subchapter,
(2) considered by the state board or
					 identified by the person who submitted the data as confidential pursuant to
					 this subchapter, or
(3) received
					 from a federal, state or local agency, including an air pollution control
					 district, with a confidential designation, subject to the following exceptions:
(A) Except for the time limits specifically
					 provided in subsection (b), only subsections (c) and (d) of this section shall
					 apply to information submitted pursuant to Health and Safety Code Section
					 39660(e).
(B) Appropriate portions of an application
					 for approval, accreditation, or certification of a motor vehicle emission
					 control device or system shall be kept confidential until such time as the
					 approval, accreditation, or certification is granted, at which time the
					 application (except for trade secret data) shall become a public record, except
					 that estimates of sales volume of new model vehicles contained in an
					 application shall be kept confidential for the model year, and then shall
					 become public records. If an application is denied, it shall continue to be
					 confidential but shall be subject to the provisions of this section.
(C) If disclosure of data obtained after
					 August 9, 1984 from a state or local agency subject to the provisions of the
					 Public Records Act is sought, the state board shall request that the agency
					 which provided the data determine whether it is confidential. The state board
					 shall request that it be notified of the agency's determination within ten
					 days. The state board shall not release the data if the agency determines that
					 it is confidential and so notifies the state board; provided, however, that the
					 data may be released with the consent of the person who submitted it to the
					 agency from which it was obtained by the state
					 board.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 4.1 - Advance Payments › Article 1 - General › Section 91040 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Purpose. The purpose of this regulation is to ensure that
						advance payments to grantees by the State Board are consistent with appropriate
						and prudent controls.
1. New
						subchapter 4.1 (article 1), article 1 (sections
						91040-91044) and section filed
						10-19-2020; operative 1-1-2021 (Register 2020, No.
						43).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  39603.1,
						  Health and Safety Code. Reference: Section
						  39603.1,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 4.1 - Advance Payments › Article 1 - General › Section 91041 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Advance
					 Payments" means payments to a grantee prior to, and in anticipation of,
					 performance under a grant agreement.
(b) "Audit Findings" means listed items in
					 the report of an auditor performing financial audits documenting where
					 improvement is needed.
(c)
					 "Available Fund Balance" means the unobligated and unrestricted funds that a
					 grantee has available for future commitments at the time of requesting the
					 advance payment.
(d) "Days" means
					 calendar days.
(e) "District" means
					 a county or regional air pollution control district or a county or regional air
					 quality management district.
(f)
					 "Executive Officer" means the executive officer of the California Air Resources
					 Board or his or her designee.
(g)
					 "Good Standing" means an entity is not subject to any form of sanction,
					 penalty, suspension, forfeiture, or disciplinary action by the Internal Revenue
					 Service and California Franchise Tax Board.
(h) "Liquidate" means that all moneys
					 allocated for a specified grant project have been spent by the grantee for
					 eligible project expenses.
(i)
					 "Material Changes" means a change to the spending plan of twenty-five (25)
					 percent or more in any line item in the spending plan.
(j) "Small Air Districts" means all county or
					 regional air pollution control districts and all county or regional air quality
					 management districts with a population of less than four million (4,000,000)
					 based on data published by the California Department of Finance, Demographic
					 Research Unit and the U.S. Census Bureau.
(k) "Spending Plan" means an outline of how
					 the advanced funds will be spent within the term of the grant agreement,
					 including project schedules, timelines, milestones, and the grantee's fund
					 balance for all state grant programs.
(l) "State Board" means the California Air
					 Resources Board.
1. New
						section filed 10-19-2020; operative 1-1-2021 (Register 2020, No.
						43).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  39603.1,
						  Health and Safety Code. Reference: Section
						  39603.1,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 4.1 - Advance Payments › Article 1 - General › Section 91042 - Advance Payment Request Review Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All requests for advance payments must
					 contain the information required by Health and Safety Code Section
					 39603.1
					 and this Subchapter.
(b) The
					 Executive Officer or his or her designee will make the final determination to
					 approve or deny an advance payment based on the criteria set forth in Health
					 and Safety Code Section
					 39603.1
					 and this Subchapter.
1. New
						section filed 10-19-2020; operative 1-1-2021 (Register 2020, No.
						43).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  39603.1,
						  Health and Safety Code. Reference: Section
						  39603.1,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 4.1 - Advance Payments › Article 1 - General › Section 91043 - Advance Payment Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Requirements for small air districts. To be approved for an advance payment,
					 small air districts must provide a certification to the Executive Officer that
					 includes all of the following:
(1) The advance
					 payment, in the amount requested, is necessary to meet the purposes of the
					 grant program or project and is intended to alleviate a practical business or
					 economic situation that would inhibit the program or project.
(2) The use of the advance payment is limited
					 to the specified activities set forth in the grant agreement.
(3) Agrees to revert all unspent funds to the
					 state if they are not liquidated within the timeline specified in the grant
					 agreement.
(4) Shall not use the
					 advance payments received to provide payments in advance to any other entity,
					 except to another district.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 4.1 - Advance Payments › Article 1 - General › Section 91044 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each part of this subchapter is deemed severable, and in
						the event that any part of this subchapter is held to be invalid, the remainder
						of this subchapter shall continue in full force and effect.
1. New
						section filed 10-19-2020; operative 1-1-2021 (Register 2020, No.
						43).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  39603.1,
						  Health and Safety Code. Reference: Section
						  39603.1,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 1 - Determination of Emissions › Section 91100 - Emission Data and Sampling Access

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Officer of the Air Resources Board (State
						Board) or his or her authorized representative may, upon reasonable written
						notice, require the owner or operator of any substance, article, machine,
						equipment, or other contrivance, the use of which may cause the issuance of air
						contaminants, or the use of which may eliminate, reduce or control the issuance
						of air contaminants, to:
(a) Provide
					 the State Board with descriptions of basic equipment, control equipment and
					 rates of emissions. Where this information does not provide sufficient data for
					 the State Board to carry out the purposes of Division 26 of the Health and
					 Safety Code, or where such information is in question, the Executive Officer or
					 his or her authorized representative may require such other additional
					 information as may be necessary, including process and production data,
					 techniques and flow diagrams.
(b)
					 Provide sampling platforms, sampling ports, and means of access to sampling
					 locations.
(c) Provide and maintain
					 sampling and monitoring apparatus to measure emissions or air contaminants when
					 the Executive Officer or his or her authorized representative has determined
					 that such apparatus is available and should be installed.
1. New
						Subchapter 5 (Sections
						91100 and
						91105) filed 7-6-73; effective
						thirtieth day thereafter (Register 73, No. 27).
2. Amendment of
						section and NOTE filed 3-18-77; effective thirtieth day thereafter (Register
						77, No. 12).
3. Designation of Sections
						91100 and
						91105 as Article 1 filed 8-15-78;
						designated effective 10-1-78 (Register 78, No. 33).
4. Amendment
						filed 8-25-82; effective thirtieth day thereafter (Register 82, No.
						35).
Note: Authority cited: Sections
						  39515,
						  39516,
						  39600,
						  39601
						  and
						  41511,
						  Health and Safety Code. Reference: Section
						  41511,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 1 - Determination of Emissions › Section 91105 - Credentials for Entry. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment and new NOTE filed 3-18-77; effective thirtieth day thereafter
						(Register 77, No. 12).
2. Repealer filed 8-25-82; effective
						thirtieth day thereafter (Register 82, No. 35).
Note: Authority cited: Section
						  39601(a),
						  Health and Safety Code. Reference: Section
						  41510,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91200 - Scope and Policy; Definition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The fee schedules in this Subchapter
					 shall not supersede or preempt any rule or regulation of any air pollution
					 control district governing fees for source testing.
(b) The following definitions apply for the
					 purposes of this subchapter only.
(1)
					 "Source" means
(i) any permit unit, article,
					 machine, equipment or other contrivance which may cause the issuance of air
					 contaminants; or
(ii) any substance,
					 such as fuel or an architectural coating, the content, characteristics,
					 manufacture, sale, distribution or use of which is restricted by any State or
					 local law, rule, regulation or order relating to air
					 pollution.