reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 6 - Intellectual Property and Revenue Sharing Requirements for Non-Profit and for-Profit Grantees › Section 100604 - Publication-Related Biomedical Materials Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Grantee shall share Publication-related
				Biomedical Material, for bona fide purposes of research in California. Such
				materials are to be shared without cost to the requestor or at the actual cost
				of providing the materials without an allocation of costs for overhead,
				research, discovery or other non-direct costs of providing the
				materials.
(b) A Grantee must share
				such materials within 60 calendar days of receipt of a written request, without
				bias as to the affiliation of the requestor, unless otherwise prohibited by
				law.
(c) CIRM may approve
				alternatives to this sharing requirement on a showing that:
(1) the number of sharing requests has become
				financially onerous for the Grantee;
(2) the material or its transfer could pose a
				public health risk; or
(3) the
				request is otherwise inappropriate, as determined by CIRM.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 6 - Intellectual Property and Revenue Sharing Requirements for Non-Profit and for-Profit Grantees › Section 100605 - Patents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Nothing in
				these Regulations grants CIRM an ownership interest in CIRM-Funded Inventions,
				CIRM-Funded Research or CIRM-Funded Technology.
(b) Grantees may retain or transfer all or a
				portion of any of Grantee's right, title or interest to any CIRM-Funded
				Invention or CIRM-Funded Technology or CIRM-Funded Research and to any patent
				or patent application relating thereto.
(c) Grantees shall bear the costs associated
				with any patent application disclosing or claiming any one or more CIRM-Funded
				Inventions, any patent itself, and all costs of pursuing, maintaining and
				protecting such applications patents. However, these Regulations shall not
				restrict the rights of Grantees to recover these costs through license fees or
				other consideration.
1. New section
				  filed 12-17-2009; operative 12-17-2009 pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 51). For prior history, see Register 2007, No.
				  26.
Note: Authority cited: Article XXXV, California
					 Constitution; and Section
					 125290.40(j),
					 Health and Safety Code. Reference: Section
					 125290.30,
					 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 6 - Intellectual Property and Revenue Sharing Requirements for Non-Profit and for-Profit Grantees › Section 100606 - Licensing and Assignment of CIRM-Funded Inventions and Technology

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the
				provisions of Title 17, California Code of Regulations, section
				100610, a Grantee shall make
				reasonable efforts to develop, commercialize or otherwise bring to practical
				application CIRM-Funded Technology or CIRM-Funded Inventions.
(b) If a Grantee elects not to develop,
				commercialize or otherwise bring to practical application a CIRM-Funded
				Invention or CIRM-Funded Technology itself, then it shall make reasonable
				efforts to negotiate Non-Exclusive Licenses for third party development of such
				CIRM-Funded Inventions or CIRM-Funded Technology, unless (1) doing so would put
				the Grantee at a competitive disadvantage with a competitor, or (2) the Grantee
				through reasonable means shares or otherwise makes publicly available the
				CIRM-Funded Inventions or Technology.
(c) A Grantee may negotiate an Exclusive
				License for a CIRM-Funded Invention or CIRM-Funded Technology if exclusivity is
				reasonably believed by the Grantee to be an economic incentive necessary to
				achieve commercial development and availability of the invention.
(1) A Grantee must document the development
				and commercialization capabilities of any intended exclusive licensee prior to
				entering into an Exclusive License.
(2) A Grantee must include in any Exclusive
				License terms addressing all reasonably anticipated therapeutic and diagnostic
				uses for the CIRM Funded Invention or CIRM-Funded Technology that the licensee
				is prepared to diligently develop and commercialize. Such terms shall include
				the following:
(A) a commercial development
				plan to bring the invention to practical application, including milestones and
				benchmarks, so that the Exclusive Licensee's progress of development can be
				assessed and monitored;
(B)
				explicit remedies for failure to develop, including modification or termination
				of an Exclusive License in the event that a licensee is unable to fully develop
				the rights granted; and
(C)
				explicit grounds for modification or termination, such as failure to use
				commercially reasonable efforts to meet agreed-upon milestones or benchmarks,
				failure to negotiate in good faith alternative milestones or benchmarks, and
				failure to abide by subdivision (f) of this
				regulation.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 6 - Intellectual Property and Revenue Sharing Requirements for Non-Profit and for-Profit Grantees › Section 100609 - Press Release Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grantees and Collaborators must notify CIRM's communications
				  officer at least one calendar day before issuing any press release that refers
				  to CIRM-Funded Research.
1. New section
				  filed 12-17-2009; operative 12-17-2009 pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 51). For prior history, see Register 2007, No.
				  26.
Note: Authority cited: Article XXXV, California
					 Constitution; and Section
					 125290.40(j),
					 Health and Safety Code. Reference: Section
					 125290.30,
					 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 6 - Intellectual Property and Revenue Sharing Requirements for Non-Profit and for-Profit Grantees › Section 100610 - March-In Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				CIRM may request that a Grantee, Collaborator or an Exclusive Licensee enter
				into a nonexclusive, partially exclusive, or Exclusive License Agreement with
				respect to a CIRM-Funded Invention or CIRM-Funded Technology, in any field of
				use or territory with a responsible applicant or applicants, upon terms that
				are reasonable under the circumstances.
(b) If a Grantee, Collaborator or an
				Exclusive Licensee refuses CIRM's request to enter into a License Agreement to
				a CIRM-Funded Invention or CIRM-Funded Technology as provided by this
				regulation, CIRM shall have the right to enter into such a license with an
				applicant on behalf of the Grantee or its Exclusive Licensee (march-in) if:
(1) the Grantee, Collaborator or an Exclusive
				Licensee has not made reasonable efforts to achieve practical application of a
				CIRM- Funded Invention and/or CIRM- Funded Technology, as applicable;
(2) the Grantee, Collaborator or an Exclusive
				Licensee have failed to provide or comply with a plan for access to a Drug in
				accordance with Title 17, California Code of Regulations, section
				100607;
(3) the Grantee, Collaborator or Exclusive
				Licensee has unreasonably failed to use a CIRM- Funded Invention or CIRM-
				Funded Technology to alleviate public health and safety needs that constitute a
				public health emergency as declared by the Governor.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 6 - Intellectual Property and Revenue Sharing Requirements for Non-Profit and for-Profit Grantees › Section 100611 - Assurance of Third-Party Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party that becomes a successor in interest by merger,
				  purchase, assignment or any other means, of a Grantee, Collaborator or
				  Exclusive Licensee with regard to a CIRM-Funded Invention, CIRM-Funded
				  Technology or CIRM-Funded Research, assumes all obligations of the Grantee,
				  Collaborator or Exclusive Licensee, as applicable, described in this
				  Chapter.
1. New section
				  filed 12-17-2009; operative 12-17-2009 pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 51).
Note: Authority cited: Article XXXV, California
					 Constitution; and Section
					 125290.40(j),
					 Health and Safety Code. Reference: Section
					 125290.30,
					 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 6 - Intellectual Property and Revenue Sharing Requirements for Non-Profit and for-Profit Grantees › Section 100650 - Intellectual Property and Revenue Sharing Requirements for CIRM Awards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All recipients
				of an award from the California Institute for Regenerative Medicine ("CIRM")
				agree to be bound by the terms and conditions of the CIRM Intellectual Property
				Policy for CIRM Awards incorporated herein by reference as identified
				below.
(b) The CIRM Intellectual
				Property Policy for CIRM Awards, dated September 5, 2018, is incorporated by
				reference herein in its entirety as to Sections "I" through and including
				"XII".
(c) This regulation shall
				only apply to awards approved after the adoption of this regulation unless the
				parties agree that this regulation, including any amendments, apply to Awards
				funded in whole or in part prior to the effective date of these regulations, or
				as provided in section XII of the policy incorporated herein, if
				applicable.
(d) CIRM's right to
				enforce the provisions of the policy incorporated herein shall survive the end
				of the term of the award and, should CIRM no longer exist, those rights may be
				enforced by the state of California.
1. New section
				  filed 9-5-2018; operative 9-5-2018 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2018, No. 36).
Note: Authority cited: California Constitution, article
					 XXXV; and Section
					 125290.40(j),
					 Health and Safety Code. Reference: Section
					 125290.30,
					 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 6 - Intellectual Property and Revenue Sharing Requirements for Non-Profit and for-Profit Grantees › Section 100700 - Grants Administration Policy for Facilities and Equipment Grants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to
				the provisions of Title 17, California Code of Regulations section
				100500, all recipients of a
				facilities grant (a grant pursuant to Health and Safety Code section
				125290.70,
				subdivision (a)(4)) from the California Institute for Regenerative Medicine
				("CIRM") agree to be bound by the terms and conditions of the CIRM Grant
				Administration Policy for Facilities and Equipment Grants, as adopted by the
				Independent Citizens Oversight Committee on December 12, 2007, and incorporated
				herein by reference as identified below.
(b) The CIRM Grant Administration Policy for
				Facilities and Equipment Grants is incorporated by reference herein in its
				entirety except for its "Preface."
(c) Amendments to this regulation (and the
				policy incorporated) herein will be applied to already active grants on the
				anniversary date of the Notice of Grant Award following the effective date of
				the regulation's amendment, unless specified otherwise in the regulation or the
				incorporated policy amendment.
(d)
				The CIRM's right to enforce the provisions of the policy incorporated herein
				shall survive the end of the term of the grant and, should CIRM no longer
				exist, those rights may be enforced by the State of California.
1. New section
				  filed 3-17-2008; operative 4-16-2008 (Register 2008, No.
				  12).
Note: Authority cited: California Constitution, article
					 XXXV; and Section
					 125290.40(j),
					 Health and Safety Code. Reference: Sections
					 125290.30(i),
					 125290.40,
					 125290.65,
					 125290.70
					 and
					 125292.10,
					 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 6 - Intellectual Property and Revenue Sharing Requirements for Non-Profit and for-Profit Grantees › Section 100701 - Grants Administration Policy for Academic and Non-Profit Institutions - Major Facili

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				addition to the provisions of Title 2, California Code of Regulations section
				100500, all recipients of a Major
				Facilities Grant (RFA 07-03) (a grant pursuant to Health and Safety Code
				section
				125290.70,
				subdivision (a)(4)) from the California Institute for Regenerative Medicine
				("CIRM") agree to be bound by the terms and conditions of the "CIRM Grant
				Administration Policy for Major Facilities (RFA 07-03)," as adopted by the
				Independent Citizens Oversight Committee and incorporated herein by reference
				as identified below. The terms of Title 17, California Code of Regulations
				section 100700 shall not apply to a Major
				Facilities Grant.
(b) The "CIRM
				Grant Administration Policy for Major Grants (RFA 07-03)" is incorporated by
				reference herein in its entirety except for its "Preface."
(c) Amendments to this regulation (and the
				policy incorporated) herein will be applied to already active grants on the
				anniversary date of the Notice of Grant Award following the effective date of
				the regulation's amendment, unless specified otherwise in the regulation or
				policy amendment.
(d) The CIRM's
				right to enforce the provisions of the policy incorporated herein shall survive
				the end of the term of the grant and, should CIRM no longer exist, those rights
				may be enforced by the State of California.
1. New section
				  filed 2-3-2009; operative 3-5-2009 (Register 2009, No.
				  6).
Note: Authority cited: California Constitution, article
					 XXXV; Section
					 125290.40(j),
					 Health and Safety Code. Reference: Sections
					 125290.30(i),
					 125290.40,
					 125290.65,
					 125290.70
					 and
					 125292.10,
					 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 8 - Loan Administration › Section 100800 - Loan Administration Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All recipients of a loan from the
				California Institute for Regenerative Medicine ("CIRM") pursuant to Health and
				Safety Code section
				125290.40
				and Section
				2 of Article XXXV of the
				California Constitution, agree to be bound by the terms and conditions of the
				"CIRM Loan Administration Policy," as adopted by the Independent Citizens
				Oversight Committee and incorporated herein by reference as identified
				below.
(b) The "CIRM Loan
				Administration Policy" dated April 2016 is incorporated by reference herein in
				its entirety except for its "Preface."
(c) Amendments to this regulation (and the
				policy incorporated) herein will be applied to already active loans upon
				agreement of the parties.
(d) The
				CIRM's right to enforce the provisions of the policy incorporated herein shall
				survive the end of the term of the loan and, should CIRM no longer exist, those
				rights may be enforced by the State of California.
1. New chapter
				  8 (section
				  100800) and section filed
				  1-10-2011; operative 1-10-2011 pursuant to Government Code section
				  11343.4
				  (Register 2011, No. 2).
2. Amendment of subsections (b) and (c)
				  filed 8-29-2012; operative 8-29-2012 pursuant to Government Code section
				  11343.4
				  (Register 2012, No. 35).
3. Amendment of CIRM Loan Administration
				  Policy (incorporated by reference) and amendment of subsection (b) filed
				  4-25-2016; operative 4-25-2016 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2016, No. 18).
Note: Authority cited: California Constitution, article
					 XXXV; and Section
					 125290.40(j),
					 Health and Safety Code. Reference: Sections
					 125290.40,
					 125290.70
					 and
					 125292.10,
					 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 8 - Loan Administration › Section 100801 - Intellectual Property Provisions Applicable to Loan Recipients

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
				sections of the Intellectual Property and Revenue Sharing Requirements for
				Non-Profit and For Profit Grantees shall apply to all recipients of a loan or
				loans granted pursuant to California Constitution Article XXXV Sec.
				2(a) and Health
				and Safety Code Section
				125291.20,
				subdivision (b) ("Loan Recipients"): Sections
				100600,
				100601,
				100602 (except subdivisions (c)(3)
				and (c)(5), 100603, 100604, 100605, 100606, 100607, 100609, 100610 and 100611,
				of Title 17, California Code of Regulations.
(b) In the event that a Loan Recipient is
				unable or unwilling to repay its loan and the Loan Recipient or its CIRM Funded
				Invention or CIRM-Funded Technology is not the subject of a
				repayment-triggering change of control as defined in its loan documents or the
				CIRM Loan Administration Policy, then said Loan Recipient shall neither abandon
				nor otherwise compromise the value of the CIRM Funded Invention or Technology
				without first 1) notifying CIRM at least sixty (60) days in advance of any
				abandonment or compromise of the value or the inability or unwillingness to
				repay the loan; 2) making a good faith effort to identify third parties who are
				both i) interested in acquiring said Invention or Technology and ii) willing to
				undertake the applicable Loan obligations; and 3) co-operating with CIRM in
				transferring the Invention or Technology and all related obligations and
				interests to the identified third party on terms acceptable to CIRM.
1. New section
				  filed 3-7-2011 operative 3-7-2011 pursuant to Government Code section
				  11343.4
				  (Register 2011, No. 10).
Note: Authority cited: Article XXXV, California
					 Constitution; and Section
					 125290.40(j),
					 Health and Safety Code. Reference: Section
					 125290.30,
					 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 9 - REPOSITORY FOR INDUCED PLURIPOTENT STEM CELLS AND EMBRYONIC STEM CELLS › Section 100900 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) hPSC
				Repository. The repository established pursuant to CIRM Request for
				Applications 12-04.
(b) hPSC Bank
				RFAs. The Request for Applications, numbers 12-02, 12-03 and 12-04, that
				provide funding for the creation of disease specific human pluripotent stem
				cells ("hPSC") and a repository and distribution center for storing such cell
				lines.
(c) Miscellaneous. All other
				capitalized and undefined terms shall have the meanings as set forth in CIRM's
				Intellectual Property and Revenue Sharing for Non-Profit and For-Profit Grantee
				regulations (17 Cal. Code of Regs., commencing with section
				100600) and CIRM's Grants
				Administration Policy for Academic and Non-Profit Institutions (17 Cal. Code of
				Regs. section
				100500).
1. New chapter
				  9 (sections
				  100900-100904) and section filed
				  9-18-2013; operative 9-18-2013 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 38).
Note: Authority cited: Article XXXV, California
					 Constitution; and Section
					 125290.40(j),
					 Health and Safety Code. Reference: Section
					 125290.30,
					 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 9 - REPOSITORY FOR INDUCED PLURIPOTENT STEM CELLS AND EMBRYONIC STEM CELLS › Section 100901 - Application of Specific CIRM Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Intellectual Property. Awards made
				pursuant to the hPSC Bank RFAs are exempt from CIRM's Intellectual Property and
				Revenue Sharing for Non-Profit and For-Profit Grantees regulations (17 Cal.
				Code of Regs., commencing with section
				100600).
(b) Grant Administration. CIRM's Grants
				Administration Policy for Academic and Non-Profit Institutions (17 Cal. Code of
				Regs. section
				100500) shall apply to awards made
				pursuant to the hPSC Bank RFAs (12-02, 12-03, 12-04).
(c) Scientific and Medical Accountability
				Standards. CIRM's Scientific and Medical Accountability Standards (17 Cal. Code
				of Regs., commencing with section
				100010) shall apply to awards made
				pursuant to the hPSC Bank RFAs (12-02, 12-03, 12-04).
1. New section
				  filed 9-18-2013; operative 9-18-2013 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 38).
Note: Authority cited: Article XXXV, California
					 Constitution; and Section
					 125290.40(j),
					 Health and Safety Code. Reference: Sections
					 125290.30
					 and
					 125290.35,
					 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 9 - REPOSITORY FOR INDUCED PLURIPOTENT STEM CELLS AND EMBRYONIC STEM CELLS › Section 100902 - Ownership of Intellectual Property and Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All intellectual property of Grantees,
				Collaborators, and their subcontractors owned prior to engaging in the
				activities set forth in the hPSC Bank RFAs (12-02, 12-03, 12-04) shall remain
				the property of the Grantees, Collaborators, and their subcontractors. CIRM
				shall have no rights to pre-existing intellectual property.
(b) CIRM shall own all hPSC lines generated
				pursuant to the hPSC Bank RFAs (12-02, 12-03, 12-04) and shall retain all
				rights of such ownership including but not limited to rights to license or
				otherwise transfer.
1. New section
				  filed 9-18-2013; operative 9-18-2013 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 38).
Note: Authority cited: Article XXXV, California
					 Constitution; and Section
					 125290.40(j),
					 Health and Safety Code. Reference: Section
					 125290.30,
					 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 9 - REPOSITORY FOR INDUCED PLURIPOTENT STEM CELLS AND EMBRYONIC STEM CELLS › Section 100903 - Revenue Sharing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
CIRM may negotiate revenue sharing provisions with the hPSC
				  Repository, taking into account the interest in ensuring that the hPSC
				  Repository becomes self-sustaining.
1. New section
				  filed 9-18-2013; operative 9-18-2013 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 38).
Note: Authority cited: Article XXXV, California
					 Constitution; and Section
					 125290.40(j),
					 Health and Safety Code. Reference: Sections
					 125290.30
					 and
					 125290.35,
					 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 4 - California Institute for Regenerative Medicine › Chapter 9 - REPOSITORY FOR INDUCED PLURIPOTENT STEM CELLS AND EMBRYONIC STEM CELLS › Section 100904 - Publication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A researcher using a cell line obtained from the hPSC
				  Repository that was derived in whole or in part using CIRM funding shall, in
				  any written publication and oral presentation, acknowledge CIRM's funding and
				  identify by name the hPSC Repository.
1. New section
				  filed 9-18-2013; operative 9-18-2013 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 38).
Note: Authority cited: Article XXXV, California
					 Constitution; and Section
					 125290.40(j),
					 Health and Safety Code. Reference: Section
					 125290.30,
					 Health and Safety Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 1 - General Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The rules in this subchapter govern assessors when assessing,
				  county boards of equalization and assessment appeals boards when equalizing,
				  and the State Board of Equalization, including all divisions of the property
				  tax department.
1. New
				  Subchapter 1 (Sections
				  1,
				  2,
				  3,
				  4 and
				  10) filed 6-23-67; effective
				  thirtieth day thereafter (Register 67, No. 25).
2. Amendment of NOTE
				  filed 10-26-77; effective thirtieth day thereafter (Register 77, No.
				  44).
3. Amendment filed 11-30-82; effective thirtieth day thereafter
				  (Register 82, No. 49).
4. Amendment of division heading filed
				  3-19-2019; operative 3-19-2019. Submitted to OAL for filing and printing only.
				  Exempt from the APA pursuant to Government Code section
				  15570.40(b)
				  (Register 2019, No. 12).
Note: Authority cited: Section
					 15606,
					 Government Code. Reference: Sections
					 110,
					 401,
					 1816,
					 1816.1, and Article 2, Chap. 3,
					 Part 2, Div. 1, Revenue and Taxation
					 Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 2 - The Value Concept

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to the meaning ascribed to
				them in the Revenue and Taxation Code, the words "full value", "full cash
				value", "cash value", "actual value", and "fair market value" mean the price at
				which a property, if exposed for sale in the open market with a reasonable time
				for the seller to find a purchaser, would transfer for cash or its equivalent
				under prevailing market conditions between parties who have knowledge of the
				uses to which the property may be put, both seeking to maximize their gains and
				neither being in a position to take advantage of the exigencies of the other.
When applied to real property, the words "full value", "full
				  cash value", "cash value", "actual value" and "fair market value" mean the
				  price at which the unencumbered or unrestricted fee simple interest in the real
				  property (subject to any legally enforceable governmental restrictions) would
				  transfer for cash or its equivalent under the conditions set forth in the
				  preceding sentence.
(b) When
				valuing real property (as described in paragraph (a)) as the result of a change
				in ownership (as defined in Revenue and Taxation Code, Section
				60,
				et seq.) for consideration, it shall be rebuttably presumed that the
				consideration valued in money, whether paid in money or otherwise, is the full
				cash value of the property. The presumption shall shift the burden of proving
				value by a preponderance of the evidence to the party seeking to overcome the
				presumption. The presumption may be rebutted by evidence that the full cash
				value of the property is significantly more or less than the total cash
				equivalent of the consideration paid for the property. A significant deviation
				means a deviation of more than 5% of the total consideration.
(c) The presumption provided in this section
				shall not apply to:
(1) The transfer of any
				taxable possessory interest.
(2)
				The transfer of real property when the consideration is in whole, or in part,
				in the form of ownership interests in a legal entity (e.g., shares of stock) or
				the change in ownership occurs as the result of the acquisition of ownership
				interests in a legal entity.
(3)
				The transfer of real property when the information prescribed in the change in
				ownership statement is not timely provided.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 3 - Value Approaches

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In estimating value as defined in section
				  2, the assessor shall consider one
				  or more of the following, as may be appropriate for the property being
				  appraised:
(a) The price or prices at
				which the property and comparable properties have recently sold (the
				comparative sales approach).
(b)
				The prices at which fractional interests in the property or comparable
				properties have recently sold, and the extent to which such prices would have
				been increased had there been no prior claims on the assets (the stock and debt
				approach).
(c) The cost of
				replacing reproducible property with new property of similar utility, or of
				reproducing the property at its present site and at present price levels, less
				the extent to which the value has been reduced by depreciation, including both
				physical deterioration and obsolescence (the replacement or reproduction cost
				approach).
(d) If the income from
				the property is regulated by law and the regulatory agency uses historical cost
				or historical cost less depreciation as a rate base, the amount invested in the
				property or the amount invested less depreciation computed by the method
				employed by the regulatory agency (the historical cost approach).
(e) The amount that investors would be
				willing to pay for the right to receive the income that the property would be
				expected to yield, with the risks attendant upon its receipt (the income
				approach).
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 8 - The Income Approach to Value

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The income approach to value is used in
				conjunction with other approaches when the property under appraisal is
				typically purchased in anticipation of a money income and either has an
				established income stream or can be attributed a real or hypothetical income
				stream by comparison with other properties. It is the preferred approach for
				the appraisal of land when reliable sales data for comparable properties are
				not available. It is the preferred approach for the appraisal of improved real
				properties and personal properties when reliable sales data are not available
				and the cost approaches are unreliable because the reproducible property has
				suffered considerable physical depreciation, functional obsolescence or
				economic obsolescence, is a substantial over- or underimprovement, is
				misplaced, or is subject to legal restrictions on income that are unrelated to
				cost.
(b) Using the income
				approach, an appraiser values an income property by computing the present worth
				of a future income stream. This present worth depends upon the size, shape, and
				duration of the estimated stream and upon the capitalization rate at which
				future income is discounted to its present worth. Ideally, the income stream is
				divided into annual segments and the present worth of the total income stream
				is the algebraic sum (negative items subtracted from positive items) of the
				present worths of the several segments. In practical application, the stream is
				usually either
(1) divided into longer
				segments, such as the estimated economic life of the improvements and all time
				thereafter or the estimated economic life of the improvements and the year in
				which the improvements are scrapped and the land is sold, or
(2) divided horizontally by projecting a
				perpetual income for land and an income for the economic life of the
				improvements, or
(3) projected as a
				level perpetual flow.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 10 - Trade Level for Tangible Personal Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In appraising tangible personal property,
				the assessor shall give recognition to the trade level at which the property is
				situated and to the principle that property normally increases in value as it
				progresses through production and distribution channels. Such property normally
				attains its maximum value as it reaches the consumer level. Accordingly,
				tangible personal property shall be valued by procedures that are consistent
				with the general policies set forth herein.
(b) Except as provided by the following
				subdivisions, tangible personal property held by a consumer shall be valued at
				the amount of cash or its equivalent for which the property would transfer to a
				consumer of like property at the same trade level if exposed for sale on the
				open market. This value shall be estimated in accordance with regulations 4, 6,
				and 8. If a cost approach is employed, the cost shall include the full economic
				cost of placing the property in service. Full economic cost (i.e., replacement
				or reproduction cost), includes costs typically incurred in bringing the
				property to a finished state, including labor and materials, freight or
				shipping cost, installation costs, sales or use taxes, and additions for market
				supported entrepreneurial services (with appropriate allowances for trade,
				quantity, or cash discounts).-Full economic cost does not include extended
				service plans or extended warranties, supplies, or other assets or business
				services that may have been included in a purchase contract.
(c) Tangible personal property leased,
				rented, or loaned for a period of six months or less, having a tax situs at the
				place where the lessor normally keeps the property as provided in regulation
				204, shall be valued at the amount of cash or its equivalent for which it would
				transfer to other lessors or retailers of like property. The value may be
				estimated by reference to the price at which the lessor could be expected to
				sell the property at fair market value to other lessors or retailers of like
				property. If that price is unknown, then the value may be estimated by
				reference to one or more of the following indicators of value:
(1) the lessor's full economic cost of the
				property with a reasonable allowance for depreciation;
(2) the cost indicated in subdivision (e) if
				the lessor is also the manufacturer; or
(3) in accordance with subdivision
				(b).
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 20 - Taxable Possessory Interests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Possessory Interests. "Possessory interests" are interests in real property
				that exist as a result of:
(1) A possession
				of real property that is independent, durable, and exclusive of rights held by
				others in the real property, and that provides a private benefit to the
				possessor, except when coupled with ownership of a fee simple or life estate in
				the real property in the same person; or
(2) A right to the possession of real
				property, or a claim to a right to the possession of real property, that is
				independent, durable, and exclusive of rights held by others in the real
				property, and that provides a private benefit to the possessor, except when
				coupled with ownership of a fee simple or life estate in the real property in
				the same person; or
(3) Taxable
				improvements on tax-exempt land.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 21 - Taxable Possessory Interests-Valuation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Definitions. For the purposes of this
				regulation:
(1) "Real property" is defined in
				rule 20(c)(1).
(2) "Possession" is
				defined in rule 20(c)(2).
(3) A
				"right" to the possession of real property includes a "claim to a right" to the
				possession of real property within the meaning of rule 20(c)(3).
(4) "Possessor" is defined in rule
				20(c)(4).
(5) The "term of
				possession" of a taxable possessory interest means the term of possession for
				valuation purposes.
(6) The "stated
				term of possession" for a taxable possessory interest as of a specific date is
				the remaining period of possession as of that date as specified in the lease,
				agreement, deed, conveyance, permit, or other authorization or instrument that
				created, extended, or renewed the taxable possessory interest, including any
				option or options to renew or extend the specified period of possession if it
				is reasonable to assume that the option or options will be exercised.
(7) "Contract rent" means any compensation or
				payments, in cash or its equivalent, that are required to be paid or provided
				by a possessor under an authorization or instrument that creates a taxable
				possessory interest for the rights in real property provided by the taxable
				possessory interest.
(8) "Economic
				rent" means the estimated amount that would be paid by the possessor, on the
				valuation date in cash or its equivalent, for the rights in real property
				provided by the taxable possessory interest if (i) the rights to possession
				were offered in an open and competitive market and (ii) the public owner's
				interest in the property were not exempt or immune from taxation. Economic rent
				does not include payments by the possessor to the public owner that are not
				paid as consideration for rights in real property, such as payments for the
				rental of personal property, for the provision of security services, and for
				advertising and promotional services.
(9) "Creation" means the creation of a
				taxable possessory interest. Creation includes (i) an initial grant or other
				conveyance of a taxable possessory interest; (ii) a subsequent grant or other
				conveyance of additional land or improvements to a preexisting taxable
				possessory interest; or (iii) a subsequent grant or other conveyance of
				additional valuable property rights or uses to a preexisting taxable possessory
				interest.
(10) "Extension or
				renewal" means the lengthening of the period of possession of a taxable
				possessory interest, such as by the exercise of an option to extend or to renew
				a lease or permit.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 22 - Continuity of Possessory Interests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The continuity of possession or exclusive
				use necessary to establish a possessory interest will vary according to the
				location and character of the property. The continuity of use necessary for
				finding a possessory interest to exist is satisfied when the possessor of the
				property uses it to substantially the same extent as would an owner engaged in
				the same activity.
(b) Standards
				for determining the existence of taxable possessory interests based on
				continuity are:
(1) Actual or constructive
				possession or exclusive use of property on the lien date for the current
				year.
(2) Recurrent possession or
				exclusive use, whether or not the period extends through the lien date, when
				there is a history on the lien date of recurring use by the present or former
				possessors making a similar use of the property.
(3) Infrequent actual possession or exclusive
				use on a recurrent basis when the continuation of the right to possession or
				exclusive use is conditioned on or evidenced by the possessor having made a
				contribution to the value of the property by way of investment on or near the
				property occupied.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 23 - Written Agreements as to Term of Possessory Interests. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-19-71; effective thirtieth day thereafter (Register 71, No.
				  4).
2. Amendment to NOTE filed 10-26-77; effective thirtieth day
				  thereafter (Register 77, No. 44).
3. Repealer filed 6-11-2002;
				  operative 7-11-2002 (Register 2002, No. 24).
Note: Authority cited: Section
					 15606,
					 Government Code. Reference: Sections
					 107,
					 107.1
					 and
					 107.4,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 24 - Possessory Interest Rights to be Valued. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-19-71; effective thirtieth day thereafter (Register 70, No.
				  4).
2. Amendment to NOTE filed 10-26-77; effective thirtieth day
				  thereafter (Register 77, No. 44).
3. Repealer filed 6-11-2002;
				  operative 7-11-2002 (Register 2002, No. 24).
Note: Authority cited: Section
					 15606,
					 Government Code. Reference: Sections
					 107,
					 107.1
					 and
					 107.4,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 25 - Valuation of Post-Deluz Possessory Interests. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-19-71; effective thirtieth day thereafter (Register 71, No.
				  4).
2. Amendment of NOTE filed 10-26-77 effective thirtieth day
				  thereafter (Register 77, No. 44).
3. Repealer filed 6-11-2002;
				  operative 7-11-2002 (Register 2002, No. 24).
Note: Authority cited: Section
					 15606,
					 Government Code. Reference: Sections
					 107,
					 107.1
					 and
					 107.4,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 26 - Valuation of Pre-Deluz Possessory Interests. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-19-71; effective thirtieth day thereafter (Register 71, No.
				  4).
2. Repealer filed 6-11-2002; operative 7-11-2002 (Register 2002,
				  No. 24).
Note: Authority cited: Section
					 15606,
					 Government Code. Reference: Section
					 107.1,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 27 - Valuation of Possessory Interests for the Production of Hydrocarbons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The taxable
				value of all possessory interests for the production of gas, petroleum, and
				other hydrocarbon substances from beneath the surface of the earth shall be
				determined by application of the comparative sales or income approach in the
				manner prescribed in subsections (e)(1) or (e)(3) of Regulation 21, except as
				provided in subsection (b) of this regulation.
(b) The taxable value of a possessory
				interest for the production of hydrocarbon substances from beneath the surface
				of the earth shall be determined by application of the comparative sales or
				income approach in the manner prescribed in subsections (f)(1) or (f)(3) of
				Regulation 21 if:
(1) the interest was created
				or last extended or renewed on or before July 26, 1963, and the rate of
				royalties or other right to share in production was not reduced because of an
				increase in the assessed value of such interest; or
(2) the interest was created on or before
				July 26, 1963, and has been extended or renewed thereafter pursuant to
				authority which prohibits reduction of the rate of royalty or other right to
				share in production because of an increase in the assessed value of such
				interest.
California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 1 - Valuation Principles and Procedures › Section 28 - Examples of Taxable Possessory Interests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following are examples of commonly encountered taxable
				  possessory interests:
(a) The right to
				explore for, capture, and reduce to possession gas, petroleum, and other
				hydrocarbons in public lands.
(b)
				The possession of an employee in housing owned by a public agency, irrespective
				of whether occupancy of the housing is a condition of employment except when
				the facility also serves as the employee's work area to which the employer has
				full access.
(c) The right to cut
				and remove standing timber on public lands.
(d) The right to graze livestock or raise
				forage on public lands.
(e) The
				possession of public property at harbors, factories, airports, golf courses,
				marinas, recreation areas, parks, and stadiums. Possessory interests may
				include land subject to the ultimate grant of a United States patent,
				commercial and industrial sites, and water rights.
1. New section
				  filed 1-19-71; effective thirtieth day thereafter (Register 71, No.
				  4).
2. Amendment of NOTE filed 10-26-77; effective thirtieth day
				  thereafter (Register 77, No. 44).
Note: Authority cited: Section
					 15606,
					 Government Code. Reference: Sections
					 107,
					 107.1,
					 107.2,
					 107.3
					 and
					 107.4,
					 Revenue and Taxation Code.