Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The following
definitions apply to Chapter 8.
(1)
"Affiliate" means any person who owns or controls, is owned or controlled by,
or is under common ownership and control with, another person.
(2) "CEC" means the Energy Resources,
Conservation and Development Commission.
(3) "Clean alternative fuel" means any fuel
used as the certification fuel in a low-emission vehicle, other than the
primary gasoline or diesel fuel used in exhaust emission certification testing
pursuant to the ARB's "California Exhaust Emission Standards and Test
Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks and
Medium-Duty Vehicles" as incorporated by reference in Title 13, California Code
of Regulations, section
1960.1, or "California Exhaust
Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger
Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated by reference
in Title 13, California Code of Regulations, section
1961.
(4) "CNG" means compressed natural
gas.
(4.3) "Compliance year" means
the 12 month period running from May 1 through April 30.
(4.7) "Dedicated vehicle" means a
low-emission vehicle designed and engineered to be operated solely on a clean
alternative fuel, and not on gasoline or any mixture of gasoline and the clean
alternative fuel.
(5) "Designated
clean fuel" means any clean alternative fuel other than electricity.
(6) "Distribute" means to physically transfer
from a production or importation facility and irrevocably release into commerce
for use as a motor vehicle fuel in California.
(7) "Distributor" has the same meaning as
defined in section 20999 of the Business and Professions Code.
(8) "Dual-fuel vehicle" means any motor
vehicle that is engineered and designed to be capable of operating on gasoline,
and on liquified petroleum gas, CNG or liquified natural gas.
(9) "Executive officer" means the executive
officer of the Air Resources Board, or his or her designee.
(10) "Fleet operator" means, for any given
calendar year, the operator in that year of fifteen or more low-emission
vehicles that are certified on a particular designated clean fuel and that are
under common ownership or operation in California.
(10.5) "Fleet vehicle" means one of fifteen
or more low-emission vehicles that are certified on a particular designated
clean fuel and that are under common ownership or operation in
California.
(11) "Flexible-fuel
vehicle" means any alcohol-fueled motor vehicle that is engineered and designed
to be operated using any gasoline-alcohol mixture or blend.
(12) "Franchise," "franchisor," and
"franchisee" have the same meaning as defined in section 20999 of the Business
and Professions Code.
(13)
"Gasoline supplier" means any person, including affiliates of such person, who
produces gasoline for use in California or imports gasoline into
California.
(14) "Import" means to
bring motor vehicle fuel into California for the first time for use in motor
vehicles in California.
(15)
"Liquid designated clean fuel" means any designated clean fuel that is
dispensed into motor vehicles in liquid form.
(16) "Low-emission vehicle" means any vehicle
certified to the transitional low-emission vehicle, low-emission vehicle,
ultra-low-emission vehicle, super ultra-low emission vehicle, or zero-emission
vehicle standards established in Title 13, California Code of Regulations,
sections 1960.1 or
1961.
(17) "Major breakdown" means an unforeseeable
mechanical or electrical failure off CNG dispensing equipment which cannot in
the exercise of reasonable diligence be repaired in 72 hours or less.
(19) "Minor breakdown" means an unforeseeable
mechanical or electrical failure of CNG dispensing equipment which can in the
exercise of reasonable diligence be repaired in 72 hours or less.
(20) "Non-retail facility" means any
establishment at which a designated clean fuel is supplied or offered for
supply to motor vehicles, but is not supplied or offered to the general
public.
(21) "Owner/lessor" means:
(A) In the case of a retail gasoline outlet
which is owned, leased or controlled by a franchisor, and which the franchisee
is authorized or permitted, under the franchise, to employ in connection with
the sale of gasoline, the franchisor.
(B) In the case of a retail gasoline outlet
which is owned, leased or controlled by a refiner or a distributor, and is
operated by the refiner or distributor or his agent, the refiner or
distributor.
(C) In the case of all
other retail gasoline outlets, the owner of the retail gasoline
outlet.
(22) "Primary
designated clean fuel" means a designated clean fuel for which a substitute
fuel has been proposed or designated pursuant to section
2317.
(23) "Produce" means, in the case of any
liquid motor vehicle fuel, to convert in California liquid compounds which do
not constitute the fuel into the fuel.
(24) "Quarter" means the three month calendar
quarters January-March, April-June, July-September, and
October-December.
(25) "Refiner"
has the same meaning as defined in section 20999 of the Business and
Professions Code.
(26) "Refinery"
means a facility that produces gasoline by means that include distilling
petroleum.
(27) "Selected retail
clean fuel outlet" means a specific retail clean fuel outlet which is equipped
to store and dispense a designated clean fuel in order to comply with section
2302.
(28) "Retail clean fuel outlet" means an
establishment which is equipped to dispense a designated clean fuel to motor
vehicles and at which the designated clean fuel is sold or offered for sale to
the general public for use in motor vehicles without the use of a key or card
key and without the need to establish an account.
(29) "Retail gasoline outlet" means any
establishment at which gasoline is sold or offered for sale to the general
public for use in motor vehicles.
(31) "Vehicle conversion" means a
modification of a gasoline or diesel fueled vehicle, not certified to a
low-emission vehicle standard, to a vehicle which uses a designated clean fuel
and which is capable of meeting low-emission vehicle exhaust emissions
standards as demonstrated either by installation of an ARB-approved conversion
system that achieves such low-emission standards or by individual vehicle
testing.
1. New section
filed 8--30--91; operative 9--30--91 (Register 92, No. 14).
2.
Redesignation of subchapter 8 as chapter 8 and amendment of section filed
12-8-2000; operative 1--7--2001 (Register 2000, No.
49).
Note: Authority cited: Sections 39600, 39601, 39667, 43013,
43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.
Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr.
249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515,
39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and
Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14
Cal. 3d 411, 121 Cal. Rptr. 249
(1975).