reglab/statecodes huggingface dataset:
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 1 - State Public Assistance Program › Section 2966 - Environmental Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
General provisions for compliance with CEQA and permitting
					 responsibilities:
(a) Prior to
				  commencing work on a project, other than engineering, design or environmental
				  assessment work necessary to determine the scope of work or funding
				  eligibility, each applicant shall, if required by CEQA, prepare, adopt, certify
				  or file, the appropriate CEQA document(s);
(b) Prior to commencing work on a project,
				  other than engineering, design or environmental assessment work necessary to
				  determine the scope of work or funding eligibility, each applicant shall be
				  responsible for obtaining the permits, clearances and necessary approvals from
				  state and local agencies; and,
(c)
				  Applicants shall maintain adequate documentation that demonstrates their
				  compliance with this Section and, upon request, shall furnish the documentation
				  to Cal OES.
1. New
					 section filed 11-14-2008; operative 12-14-2008 (Register 2008, No.
					 46).
2. Change without regulatory effect amending subsection (c) and
					 NOTE filed 5-12-2010 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 20).
3. Change without regulatory
					 effect amending subsection (c) filed 5-5-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 19).
Note: Authority cited: Sections
						21000-
						21177,
						Public Resources Code; and Sections
						8585 and
						8682.9,
						Government Code. Reference: Section
						8585; and Disaster Assistance Act,
						Chapter 7.5, Division 1, Title 2 (Section
						8680, et seq.), Government
						Code.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 1 - State Public Assistance Program › Section 2980 - Final Claim Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Forms:
After completing all approved work items, a local agency
					 must file a final claim with Cal OES. Final claim documents shall be completed
					 and submitted within sixty (60) days of the completion of all eligible work
					 items. Final claim documents are as follows:
Disaster
								  Type
Final Claim
								  Form
State-only under a Director's concurrence with a
								  local emergency or Governor's state of emergency proclamation and cost-share
								  with federal programs other than FEMA
CDAA Project Summary (CDAA 4) Project Summary
								  Certification of Documentation (CDAA Form 4a, rev. 1/03, incorporated by
								  reference)
Cost share with FEMA disaster or
								  emergency
Federal Project Listing (P.4)
(b)
				  Claimed Costs:
When preparing a claim, all eligible items approved in the
					 application must be included, even though the total amount expended may exceed
					 the amount approved by Cal OES. Substantial cost overruns in excess of the
					 approved application amount shall be submitted to Cal OES for approval prior to
					 filing a final claim.
(c)
				  Final Inspections:
(1) All costs and work
				  items included in an applicant's claim are subject to final review and
				  inspection by the state. Cal OES, or a state agency assigned by Cal OES under
				  Government Code Section
				  8685.4,
				  may perform an on-site review of any or all completed work items. All
				  supporting claim documentation must be at one specific location to facilitate
				  inspection and audit processes. Inspectors shall have access to original source
				  documentation at the time of final inspection; and,
(2) Final supplements to approved
				  applications will cover cost over-runs and under-runs.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2991 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions apply to this article:
(a) Essential Community Services: Providing
				  governmental type direct services to the community affected by an emergency or
				  disaster, through the distribution of supplies and other disaster or emergency
				  assistance activities. Private Nonprofit (PNP) activities are those that
				  provide essential services including but not limited to food, water, and
				  shelter.
(b) Hazard Mitigation: Any
				  cost-effective measure which will reduce the potential for damage to a facility
				  from a future disaster event.
(c)
				  Intermediary Private Nonprofit (Intermediary PNP): Any private not for profit
				  organization as defined in Section
				  2991(e) that,
				  through written agreement with a local agency, is responsible for the
				  coordination of multiple PNPs performing essential community services within
				  the specific jurisdiction of that local agency.
(d) Local Agency: Any city, city and county,
				  county, county office of education, community college district, school
				  district, or special district.
(e)
				  Private Nonprofit (PNP): Any private not for profit organization that is
				  compliant with 44 CFR
				  Section 206.221(f) having:
(1) An effective ruling letter from the U.S.
				  Internal Revenue Service, granting tax exemption under Sections
				  501(c), (d), or
				  (e) of the Internal Revenue Code of 1954,
				  or
(2) Satisfactory evidence from
				  the state that the nonrevenue producing organization or entity is a nonprofit
				  one organized or doing business under state law.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2992 - General Provisions for Eligible Private Nonprofit (PNP) Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The PNP or Intermediary PNP applicant must meet all eligibility requirements
				  described in this section.
(b) When
				  a state of emergency is proclaimed by the Governor, an eligible PNP or the
				  Intermediary PNP applicant may receive state assistance pursuant to Government
				  Code Section
				  8692. This
				  applies to any emergency proclaimed by the Governor on or after December 21,
				  2010.
(c) An eligible PNP applicant
				  may receive state financial assistance as reimbursement for the performance of
				  essential community services provided such expenditures meet all of the
				  eligibility requirements.
(d) An
				  eligible Intermediary PNP applicant may receive state financial assistance as
				  reimbursement for the coordination of multiple PNPs performing essential
				  community services provided such expenditures meet all of the eligibility
				  requirements.
(e) No PNP activities
				  resulting from self-deployment will be eligible for reimbursement.
(f) No state financial assistance shall be
				  made available for any activity that occurs more than six (6) months from the
				  date of the Governor's Proclamation without prior written approval from the
				  California Governor's Office of Emergency Services (Cal OES).
(g) An eligible PNP applicant shall utilize
				  the application process as described in Section
				  2996. An eligible Intermediary PNP
				  applicant shall utilize the application process as described in Section
				  2996.1.
1. New
					 section filed 2-18-2011 as an emergency; operative 2-18-2011 (Register 2011,
					 No. 7). A Certificate of Compliance must be transmitted to OAL by 8-17-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-18-2011 order, including
					 amendment of subsections (b) and (g), transmitted to OAL 4-1-2011 and filed
					 5-12-2011; amendments operative 5-12-2011 pursuant to Government Code section
					 11343.4(c)
					 (Register 2011, No. 19).
3. Change without regulatory effect
					 amending subsection (f) filed 5-5-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 19).
Note: Authority cited: Section
						8692,
						Government Code. Reference: Section
						8692,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2993 - PNP Applicant Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  PNP organization must meet all of the following criteria for eligibility to
				  apply for state financial assistance:
(1) An
				  eligible PNP applicant must meet the definition of PNP as defined in Section
				  2991(e).
(2) An eligible PNP applicant must provide
				  essential community services as defined in Section
				  2991(a).
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2993.1 - Intermediary PNP Applicant Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An Intermediary PNP organization must meet all of the following criteria for
				  eligibility to apply for state financial assistance:
(1) An eligible Intermediary PNP applicant
				  must meet the definition of an Intermediary PNP as defined in Section
				  2991(c).
(2) An eligible Intermediary PNP applicant
				  must be responsible for the coordination of multiple PNPs as described in a
				  written agreement with the requesting local agency. The written agreement shall
				  meet all of the following requirements:
(A)
				  The written agreement shall contain a list of the PNPs performing essential
				  community services that the Intermediary PNP is responsible for
				  coordinating.
(B) The written
				  agreement shall describe the process the requesting local agency will utilize
				  to request the Intermediary PNP to provide the coordination of essential
				  community services performed by the listed PNPs.
(C) The written agreement shall be executed
				  within 30 days of the date of the Governor's State of Emergency Proclamation
				  issued in response to an emergency or disaster.
(D) This deadline for the execution of the
				  written agreement may be extended by the Cal OES Director only for unusual or
				  extraordinary circumstances upon written request by the Intermediary PNP or
				  requesting local agency.
(3) An eligible Intermediary PNP, as an
				  applicant requesting reimbursement on behalf of the PNPs they are responsible
				  for coordinating, must have a written agreement with these PNPs. The written
				  agreement shall meet all of the following requirements:
(A) A description of the process for the
				  local agency to request the performance of essential community services by the
				  listed PNPs through the Intermediary PNP.
(B) An authorization statement with signature
				  that the Intermediary PNP will comply with the procedures and requirements
				  described in the agreement.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2994 - PNP Activities Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  To be eligible for state financial assistance, the PNP activities must meet all
				  the following criteria:
(1) Eligible
				  activities must be requested by a local agency or the state and completed
				  within a timeframe established by the requesting agency. A written agreement
				  between an eligible PNP and the requesting local agency may replace such
				  request if the agreement specifies the requirements of deployment and is
				  executed prior to providing the essential community services.
(2) Eligible activities must relate directly
				  to a state of emergency as proclaimed by the Governor and be in support of the
				  community affected by the emergency or disaster.
(3) Consistent with Government Code Section
				  8692(d),
				  eligible activities must comply with state and federal civil rights laws that
				  prohibit discrimination, and the First Amendment to the United States
				  Constitution with regard to the use of public funds for religious
				  activities.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2994.1 - Intermediary PNP Coordination Activities Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  To be eligible for state financial assistance, the Intermediary PNP
				  coordination activities must meet all the following criteria:
(1) Eligible coordination activities must be
				  requested by a local agency in accordance with a written agreement between the
				  Intermediary PNP and the local agency.
(2) Eligible activities include the
				  coordination of multiple PNPs listed in the written agreement in the
				  performance of essential community services for the requesting local
				  agency.
(3) Consistent with
				  Government Code Section
				  8692(d),
				  eligible activities must comply with state and federal civil rights laws that
				  prohibit discrimination, and the First Amendment to the United States
				  Constitution with regard to the use of public funds for religious
				  activities.
(4) Eligible
				  coordination activities must relate directly to a state of emergency as
				  proclaimed by the Governor and be in support of the community affected by the
				  emergency or disaster.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2995 - PNP Cost Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Eligible activities must result in documented extraordinary costs.
(b) Reasonable equal value replacement costs
				  for documented pre-event inventory provided to the community affected by the
				  proclaimed emergency or disaster may be eligible for reimbursement if the
				  inventory is necessary to the PNP's ability to provide the essential community
				  services requested by the local agency or the state.
(c) PNP costs as described below are
				  ineligible for state financial assistance.
(1) No state financial assistance will be
				  provided for costs or expenditures prohibited by the federal or state
				  constitution, federal or state law, or federal or state regulation.
(2) No reimbursement will be provided for
				  donated resources received by the PNP on or after the first day of the incident
				  period as specified in the Governor's State of Emergency Proclamation for the
				  emergency or disaster for which the PNP is seeking reimbursement by the
				  state.
(3) No reimbursement will be
				  provided for donated or volunteer labor.
(4) No reimbursement will be provided for
				  vouchers, debit cards or other monetary relief provided to the community
				  affected by an emergency or disaster.
(5) No state financial assistance will be
				  provided for damages caused by negligence or intentional acts.
(6) No funds allocated shall be used to
				  supplant state or federal funds otherwise available in the absence of state
				  financial relief or assistance.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2995.1 - Intermediary PNP Cost Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Eligible coordination activities of multiple PNPs performing essential
				  community services must result in documented extraordinary costs.
(b) Intermediary PNP coordination costs as
				  described below are ineligible for state financial assistance.
(1) No state financial assistance will be
				  provided for costs or expenditures prohibited by the federal or state
				  constitution, federal or state law, or federal or state regulation.
(2) No funds allocated shall be used to
				  supplant state or federal funds otherwise available in the absence of state
				  financial relief or assistance.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2996 - PNP Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An eligible PNP applicant must submit to Cal OES, a PNP Application (Cal EMA
				  PNP-2011-APP, 5/2011), hereby incorporated by reference, within 60 days after
				  the date of a Governor's Proclamation.
(1) The
				  Director or his/her designee may extend this deadline only for unusual or
				  extraordinary circumstances.
(2)
				  Prior to application approval by Cal OES, an eligible PNP applicant shall also
				  submit a PNP Applicant's Authorized Agent Resolution (Cal EMA PNP-2011-AAR,
				  5/2011), hereby incorporated by reference.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2996.1 - Intermediary PNP Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An eligible Intermediary PNP applicant must submit to Cal OES, a completed PNP
				  Application (Cal EMA PNP-2011-APP, 5/2011), hereby incorporated by reference,
				  within 60 days after the date of a Governor's Proclamation.
(1) The Director or his/her designee may
				  extend this deadline only for unusual or extraordinary circumstances.
(2) Prior to application approval by Cal OES,
				  an eligible Intermediary PNP Applicant's Authorized Agent Resolution (Cal EMA
				  PNP-2011-AAR, 5/2011), hereby incorporated by reference.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2997 - Fair Hearing Processes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  LEVEL ONE: The PNP or the Intermediary PNP shall submit a formal written
				  description of the grievance with supporting documentation, to the Deputy
				  Director of Recovery (Deputy Director) of Cal OES. The Deputy Director or
				  his/her designee shall respond with a written decision within ten (10) working
				  days from receipt. Should the PNP or the Intermediary PNP disagree with the
				  decision, the PNP or the Intermediary PNP may appeal to the second
				  level.
(b) LEVEL TWO: The PNP or
				  the Intermediary PNP shall prepare a formal response disputing the decision
				  made by the Director. The PNP or the Intermediary PNP response shall include
				  the original description of the grievance with supporting documentation,
				  together with a copy of the response from the Deputy Director. This response
				  shall be sent to the Director of Cal OES within thirty (30) working days from
				  receipt of the decision of the Deputy Director. The Director or his/her
				  designee shall issue a written decision to the PNP or the Intermediary PNP
				  within sixty (60) working days of receipt of the PNP's or the Intermediary
				  PNP's formal response. This written decision shall be deemed a final judgment
				  for purposes of this fair hearing process.
1. New
					 section filed 2-18-2011 as an emergency; operative 2-18-2011 (Register 2011,
					 No. 7). A Certificate of Compliance must be transmitted to OAL by 8-17-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-18-2011 order, including
					 renumbering of former section
					 2997 to section
					 2995 and renumbering of former
					 section 2999.2 to section
					 2997, transmitted to OAL 4-1-2011
					 and filed 5-12-2011; amendments operative 5-12-2011 pursuant to Government Code
					 section
					 11343.4(c)
					 (Register 2011, No. 19).
3. Change without regulatory effect
					 amending section filed 5-5-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 19).
Note: Authority cited: Section
						8692,
						Government Code. Reference: Section
						8692,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2998 - Audit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director or his/her duly authorized representative
					 shall conduct audits and investigations as necessary to ensure compliance with
					 these regulations. State auditors, and the Director or his/her duly authorized
					 representative, shall have the right to question any person, as appropriate,
					 and to access all financial and program records and supporting documentation
					 pertinent to any activity funded under these regulations. The rights of access
					 shall last for the full length of the retention period as required under these
					 regulations.
1. New
					 section filed 2-18-2011 as an emergency; operative 2-18-2011 (Register 2011,
					 No. 7). A Certificate of Compliance must be transmitted to OAL by 8-17-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-18-2011 order, including
					 renumbering of former section
					 2998 to new section
					 2995.1 and renumbering and
					 amendment of former section
					 2999.3 to section
					 2998, transmitted to OAL 4-1-2011
					 and filed 5-12-2011; amendments operative 5-12-2011 pursuant to Government Code
					 section
					 11343.4(c)
					 (Register 2011, No. 19).
3. Change without regulatory effect
					 amending section filed 5-5-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 19).
Note: Authority cited: Section
						8692,
						Government Code. Reference: Section
						8692,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2999 - Requirements for Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The PNP or the Intermediary PNP applicant shall retain all financial and
				  program records and supporting documentation, reasonably considered as
				  pertinent to these regulations for three years from the starting date of the
				  retention period. The Director or his/her duly authorized representative will
				  notify each PNP or the Intermediary PNP applicant of the starting date of the
				  retention period.
(b) Microfilm,
				  microfiche, or other representations of original source documents may be
				  accepted in lieu of original source documents, if the eligible PNP or the
				  Intermediary PNP applicant provides to Cal OES an independent or internal
				  auditor's report attesting to the accuracy of the alternate forms of original
				  source documents.
1. New
					 section filed 2-18-2011 as an emergency; operative 2-18-2011 (Register 2011,
					 No. 7). A Certificate of Compliance must be transmitted to OAL by 8-17-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-18-2011 order, including
					 amendment of section heading and renumbering of former section
					 2999 to section
					 2996 and renumbering and amendment
					 of former sections
					 2999.4 and
					 2999.5 to section
					 2999, transmitted to OAL 4-1-2011
					 and filed 5-12-2011; amendments operative 5-12-2011 pursuant to Government Code
					 section
					 11343.4(c)
					 (Register 2011, No. 19).
3. Change without regulatory effect
					 amending section filed 5-5-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 19).
Note: Authority cited: Section
						8692,
						Government Code. Reference: Section
						8692,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2999.1 - Intermediary PNP Application Process. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-18-2011 as an emergency; operative 2-18-2011 (Register 2011,
					 No. 7). A Certificate of Compliance must be transmitted to OAL by 8-17-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-18-2011 order, including
					 renumbering of former section
					 2999.1 to new section
					 2996.1, transmitted to OAL
					 4-1-2011 and filed 5-12-2011; amendments operative 5-12-2011 pursuant to
					 Government Code section
					 11343.4(c)
					 (Register 2011, No. 19).
Note: Authority cited: Section
						8692,
						Government Code. Reference: Section
						8692,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2999.2 - Fair Hearing Processes. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-18-2011 as an emergency; operative 2-18-2011 (Register 2011,
					 No. 7). A Certificate of Compliance must be transmitted to OAL by 8-17-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-18-2011 order, including
					 renumbering of former section
					 2999.2 to section
					 2997, transmitted to OAL 4-1-2011
					 and filed 5-12-2011; amendments operative 5-12-2011 pursuant to Government Code
					 section
					 11343.4(c)
					 (Register 2011, No. 19).
Note: Authority cited: Section
						8692,
						Government Code. Reference: Section
						8692,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2999.3 - Audit. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-18-2011 as an emergency; operative 2-18-2011 (Register 2011,
					 No. 7). A Certificate of Compliance must be transmitted to OAL by 8-17-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-18-2011 order, including
					 renumbering of former section
					 2999.3 to section
					 2998, transmitted to OAL 4-1-2011
					 and filed 5-12-2011; amendments operative 5-12-2011 pursuant to Government Code
					 section
					 11343.4(c)
					 (Register 2011, No. 19).
Note: Authority cited: Section
						8692,
						Government Code. Reference: Section
						8692,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2999.4 - Retention Requirements for Records. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-18-2011 as an emergency; operative 2-18-2011 (Register 2011,
					 No. 7). A Certificate of Compliance must be transmitted to OAL by 8-17-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-18-2011 order, including
					 renumbering of former section
					 2999.4 to section
					 2999, subsection (a), transmitted
					 to OAL 4-1-2011 and filed 5-12-2011; amendments operative 5-12-2011 pursuant to
					 Government Code section
					 11343.4(c)
					 (Register 2011, No. 19).
Note: Authority cited: Section
						8692,
						Government Code. Reference: Section
						8692,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 2 - State Private Nonprofit Organizations Assistance Program › Section 2999.5 - Original Source Documentation. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-18-2011 as an emergency; operative 2-18-2011 (Register 2011,
					 No. 7). A Certificate of Compliance must be transmitted to OAL by 8-17-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-18-2011 order, including
					 renumbering of former section
					 2999.5 to section
					 2999, subsection (b), transmitted
					 to OAL 4-1-2011 and filed 5-12-2011; amendments operative 5-12-2011 pursuant to
					 Government Code section
					 11343.4(c)
					 (Register 2011, No. 19).
Note: Authority cited: Section
						8692,
						Government Code. Reference: Section
						8692,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 3 - Seismic Safety Commission › Article 1 - Emergency Meetings › Section 3000 - Notice of Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chairman may order that a meeting of the Commission take
				  place, or that a new item be added to an agenda, with less than one week's
				  notice to those persons who have requested such notice when he determines that
				  such a meeting or augmentation of the agenda is necessary to discuss unforeseen
				  emergency conditions as defined in Section
				  3001, and it is not possible to
				  give one week's notice. If both the Chairman and Vice-Chairman are unavailable,
				  the Executive Director, but if there be one, the Chairman's designee, shall
				  exercise the authority set forth herein.
1. New Chapter
				  3 (Article 1, §§
										3000-3001) filed 1-15-76;
				  effective thirtieth day thereafter (Register 76, No. 3).
Note: Authority cited: Section
					 11125,
					 Government Code. Reference: Sections
					 8890-
					 8899.5,
					 Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 3 - Seismic Safety Commission › Article 1 - Emergency Meetings › Section 3001 - Emergency Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Unforeseen emergency conditions" are defined as the
				  occurrence or prediction of an earthquake or a related event which is likely to
				  be injurious to the public health and safety.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 1 - General › Article 1 - General › Section 4002 - Incorporated References

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The following forms, in the format developed by the California Underground
				  Facilities Safe Excavation Board, are incorporated by reference and available
				  on the Board's website: energysafety.ca.gov:
(1) Area of Continual Excavation
				  Agreement--Agricultural Operations (Form No. ACE Agreement 01 (09-01-2023));
				  and
(2) Area of Continual
				  Excavation Agreement--Flood Control Facilities (Form No. ACE Agreement 02
				  (09-01-2023).
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 1 - General › Article 1 - General › Section 4003 - Valid and Current Contact Information for Members of Regional Notification Centers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Members of regional notification centers shall maintain valid and current
				  contact information, including name, address, phone number, and email address,
				  with the appropriate regional notification center, and shall promptly inform
				  the appropriate regional notification center of any changes to the contact
				  information.
(1) Each member shall provide at
				  least one valid and current contact that includes the name, telephone number,
				  and email address of an individual or business unit that can reach a person
				  authorized to respond to inquiries regarding the determination of the exact
				  location of subsurface installations operated by the
				  member.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 1 - General › Article 1 - General › Section 4010 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) Each member of a regional notification
				  center as defined in Government Code, section
				  4216,
				  subdivision (q) who receives 500 or more locate request transmissions in the
				  calculation year shall pay a fee to support the operational expenses of the
				  California Underground Facilities Safe Excavation Board as provided in the
				  following formula:
Fee = (member locate request transmissions / statewide
					 locate request transmissions) X Board operational expenses
(2) In the formula above:
(A) "member locate request transmissions"
				  represents the number of locate request transmissions the member of the
				  regional notification center received in the calculation year;
(B) "statewide locate request transmissions"
				  is the total number of locate request transmissions issued by the regional
				  notification centers in the calculation year, not including those locate
				  request transmissions issued to members who received less than 500 locate
				  request transmissions in the calculation year; and
(C) "Board operational expenses" is the sum
				  of the estimated operational expenses, including any loan repayment, of the
				  California Underground Facilities Safe Excavation Board in the billing year,
				  subject to the State Budget Act and not to exceed the amount listed in
				  subdivision (e).
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 1 - General › Article 1 - General › Section 4011 - Fee Collection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  regional notification center shall collect the fee described in Section
				  4010 from its members on the
				  Board's behalf. A regional notification center shall send an invoice to a
				  member on the same billing cycle it uses to send the invoice to the member for
				  dues to pay the operating costs of the regional notification center pursuant to
				  Government Code 4216.1.
(1) A regional
				  notification center shall use one of the following two methods when invoicing
				  to their members for the fee:
(A) A line item
				  on the invoice that the regional notification center sends to a member to
				  collect member dues.
(B) An invoice
				  dedicated to the fee.
(i) A regional
				  notification center shall send an invoice to a member for the fee at
				  substantially the same time as the regional notification center sends an
				  invoice to the member for dues to pay the operating costs of the regional
				  notification center.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 1 - General › Article 1 - General › Section 4020 - Extension of Time in Which to Provide Electronic Positive Response Through Regional Notification Centers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-29-2020 as an emergency; operative 7-1-2020. Expiration date of
					 emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days
					 (Executive Order N-66-20) (Register 2020, No. 27). A Certificate of Compliance
					 must be transmitted to OAL by 4-27-2021 or emergency language will be repealed
					 by operation of law on the following day.
2. Repealed by operation
					 of Government Code section
					 11346.1(g)
					 (Register 2021, No. 18).
Note: Authority cited: Sections
						4215.3(d)(1)
						and
						4216.22,
						Government Code. Reference: Section
						4216.3(c)(1)(A),
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 2 - Investigation › Article 1 - Damage Notification › Section 4100 - Damage Notification by Excavators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Immediately after calling 911 emergency services or other emergency responders
				  as necessary, and in no event longer than 2 hours after the excavator's
				  knowledge of the damage, the excavator shall notify the appropriate regional
				  notification center of any of the following types of damages:
(1) Damage to natural gas or hazardous liquid
				  pipeline subsurface installation whether or not the damage results in the
				  escape of any flammable, toxic, or corrosive gas or liquid.
(2) Damage to high priority subsurface
				  installation of any kind.
(3)
				  Damage causing injury that requires treatment at a facility that provides
				  medical services, such as a clinic as defined under Health and Safety Code
				  section
				  1200
				  or a health facility defined under Health and Safety Code section
				  1250.
(4) Damage causing fatality.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 2 - Investigation › Article 2 - Investigators › Section 4150 - Investigators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Investigators are authorized to investigate any damage, probable violation of
				  the Act or this division, reports of incident events as defined in Government
				  Code section
				  4216.6,
				  subdivision (h)(1), and complaints of damage or probable violation of the Act
				  or this division.
(b) Investigators
				  are delegated the powers conferred on the Board under article 2 of chapter 2,
				  part 1, division 3, title 2 of the Government Code (commencing with section
				  11180). Investigators are
				  authorized to pursue any other investigatory or discovery power authorized
				  under the laws of the State of California, such as inspection warrants under
				  Code of Civil Procedure section
				  1822.51.
(c) Investigators may interview witnesses and
				  obtain statements, declarations, verifications, certificates, oaths, or
				  affidavits under penalty of perjury pursuant to Code of Civil Procedure section
				  2015.5.
(d) Investigators may issue notices of
				  probable violation and information letters. An information letter may include
				  safe excavation education and training opportunities, and information on the
				  Act or this division.
1. New
					 article 2 (sections
					 4150-4151) and section filed
					 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).
Note: Authority cited: Section
						4216.22,
						Government Code. Reference: Sections
						4216.6,
						4216.12,
						4216.19
						and
						11180-
						11191,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 2 - Investigation › Article 2 - Investigators › Section 4151 - Evidence Collected by Investigators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Investigators may inspect, examine, gather, and maintain records.
(b) Upon an investigator's request,
				  excavators and operators shall provide access to sites and facilities, and any
				  records. Excavators and operators shall remove objects, such as barricades and
				  plates, at or near the site of the damage to facilitate the
				  investigation.
(c) Any excavator or
				  operator who obstructs an investigation by taking actions that were known or
				  reasonably should have been known to prevent, hinder, or impede an
				  investigation is subject to sanctions under the Act and this
				  division.
1. New
					 section filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).
Note: Authority cited: Section
						4216.22,
						Government Code. Reference: Sections
						4216.6,
						4216.12
						and
						4216.19,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 3 - Enforcement › Article 1 - Sanctions › Section 4200 - Categories of Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Violation of the Act or this division is subject to any of or a combination of
				  any of the following sanctions:
(1) Order for
				  corrective action, such as completion of relevant education or training
				  courses; facility or equipment repair, testing, or replacement; and changes to
				  operational or management procedures or processes, including updates to
				  Geographic Information Systems ("GIS") data.
(2) Monetary penalty up to the maximum
				  amounts under Government Code section
				  4216.6,
				  subdivision (a).
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 3 - Enforcement › Article 1 - Sanctions › Section 4201 - Considerations to Assess Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All of the following shall be considered to determine whether to assess a
				  sanction for a violation of the Act or this division, and if so, the
				  appropriate sanction for the violation:
(1)
				  Type of violation and its gravity, such as risk of or actual injury, death, or
				  environment or property damage.
(2)
				  Degree of culpability, which may be measured in part by whether there were
				  intervening acts or omissions by other persons.
(3) Respondent's history of
				  violations.
(4) Respondent's
				  history of work conducted without violations.
(5) Efforts taken by the respondent to
				  prevent the violation and, once the violation occurred, the efforts taken to
				  mitigate the safety consequences of the violation.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 3 - Enforcement › Article 2 - Enforcement of Violations › Section 4250 - Effective Date for Enforcement by the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Beginning July 1, 2020, the Board shall enforce the Act and
					 this division on persons under the jurisdiction of the Board pursuant to
					 Government Code section
					 4216.6,
					 subdivision (e).
1. New
					 article 2 (sections
					 4250-4258) and section filed
					 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).
Note: Authority cited: Section
						4216.22,
						Government Code. Reference: Sections
						4216.6,
						4216.12
						and
						4216.19,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 3 - Enforcement › Article 2 - Enforcement of Violations › Section 4251 - Notice of Probable Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Based on the results of an investigation, the Board may issue a notice of
				  probable violation of the Act or this division. A notice of probable violation
				  shall include the following:
(1) Statute,
				  regulation, or order that the respondent is alleged to have violated and a
				  statement of the evidence upon which the allegation is based.
(2) Maximum amount of the penalty the
				  respondent is subject to under the Act and this division.
(3) Amount of the penalty, if any.
(4) Corrective action, if any.
(5) Response options available to the
				  respondent under section
				  4252.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 3 - Enforcement › Article 2 - Enforcement of Violations › Section 4252 - Response Options to a Notice of Probable Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If a penalty or corrective action is stated in a notice of probable violation,
				  the respondent must respond by choosing one of the following options in
				  writing, which must be received by the Board within 30 business days of the
				  date of the notice of probable violation:
(1)
				  Respondent may choose not to contest the allegation, penalty (if any), and
				  corrective action (if any).
(A) If the
				  respondent is under the jurisdiction of the Board pursuant to Government Code
				  section
				  4216.6,
				  subdivision (e), the respondent shall pay any penalty and complete any
				  corrective action, in accordance with section
				  4256, as may be provided in the
				  notice of probable violation and ordered by the Board.
(B) If, the respondent is under the
				  jurisdiction of a state or local agency referenced in subdivisions (c) or (d)
				  of Government Code section
				  4216.6,
				  the Board will transmit the investigation results and any recommended penalty
				  to the appropriate agency.