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Business Taxes Law Guide—Revision 2024

BTLG Table of Contents > Childhood Lead Poisoning Prevention Fee Regulations > Article 1 > entire article

Childhood Lead Poisoning Prevention Fee Regulations

California Code of Regulations

Title 17. Public Health
Division 1. Administration of Public Health
Chapter 6. Lead Poisoning Prevention Programs

Effective July 19, 2001—Applicable beginning Calendar Year 2001¹

Regulation 33001. Applicant.

Reference: Sections 105310 and 124165, Health and Safety Code.

Authority cited: Section 105310, Health and Safety Code.

"Applicant" means a business entity either applying for an exemption pursuant to section 105310(d) of the Health and Safety Code and of this chapter, or applying for a reassessment of the fees pursuant to of this chapter. "Applicant" includes any other business entity who was historically associated with the business entity making the application.

History— New chapter 6, article 3 not consecutive) filed 2-1-93 as an emergency; operative 2-1-93 (Register 93, No. 6). A Certificate of Compliance must be transmitted to OAL 6-1-93 or emergency language will be repealed by law on the following day. For prior history, see Register 78, No. 24.

Certificate of Compliance as to 2-1-93 order transmitted to OAL 6-1-93 and filed 7-12-93 (Register 93, No. 29).

Amendment of subsection (c)(2) and new subsection (c)(4) filed 5-15-95; operative 6-14-95. Exempt from OAL review pursuant to Health and Safety Code section 372.7(h) (Register 95, No. 20).

Repealer of article 3 heading and section and new article 1 and section filed 7-19-2001 as an emergency; operative 7-19-2001. A Certificate of Compliance must be transmitted to OAL by 11-16-2001 or emergency language will be repealed by operation of law on the following day. Exempt from OAL review pursuant to Health and Safety Code section 105310(h) (Register 2001, No. 29).

Repealer of article 3 heading and section and new article 1 and section refiled 11-14-2001 as an emergency; operative 11-17-2001. A Certificate of Compliance must be transmitted to OAL by 3-18-2002 or emergency language will be repealed by operation of law on the following day. Exempt for OAL review pursuant to Health and Safety Code section 105310(h) (Register 2001, No. 46).

Repealer of article 3 heading and section and new article 1 and section refiled 3-12-2002 as an emergency; operative 3-19-2002. A Certificate of Compliance must be transmitted to OAL by 7-17-2002 or emergency language will be repealed by operation of law on the following day. Exempt for OAL review pursuant to Health and Safety Code section 105310(h) (Register 2002, No. 11).

Certificate of Compliance as to 3-12-2002 order, including amendment of section, transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

Regulation 33002. Architectural Coating.

Reference: Sections 105310 and 124165, Health and Safety Code.

Authority cited: Section 105310, Health and Safety Code.

Architectural coating" means any product which is used as, or usable as, a coating applied to the interior or exterior surfaces of stationary structures and their appurtenances, to portable buildings, to pavements, or to curbs, such as house and trim paints, varnishes, stains, lacquers, industrial maintenance coatings, primers, undercoaters, and traffic coatings.

History— New section filed 7-19-2001 as an emergency; operative 7-19-2001. A Certificate of Compliance must be transmitted to OAL by 11-16-2001 or emergency language will be repealed by operation of law on the following day. Exempt from OAL review pursuant to Health and Safety Code section 105310(h) (Register 2001, No. 29).

New section refiled 11-14-2001 as an emergency; operative 11-17-2001. A Certificate of Compliance must be transmitted to OAL by 3-18-2002 or emergency language will be repealed by operation of law on the following day. Exempt for OAL review pursuant to Health and Safety Code section 105310(h) (Register 2001, No. 46).

New section refiled 3-12-2002 as an emergency; operative 3-19-2002. A Certificate of Compliance must be transmitted to OAL by 7-17-2002 or emergency language will be repealed by operation of law on the following day. Exempt for OAL review pursuant to Health and Safety Code section 105310(h) (Register 2002, No. 11).

Certificate of Compliance as to 3-12-2002 order, including amendment of Note, transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

Regulation 33003. Architectural Coating Distribution.

Reference: Sections 105310 and 124165, Health and Safety Code.

Authority cited: Section 105310, Health and Safety Code.

"Architectural coating distribution" means any of the following:

(a) The manufacturing, producing, blending, or compounding of architectural coating in this state, and the sale, donation, barter, or use of the architectural coating in this state.

(b) The importing of architectural coating into this state with respect to which there has been no prior distribution subject to the fee, and the sale, donation, barter, or use of architectural coating in this state.

(c) The receiving in this state by a distributor of architectural coating with respect to which there has been no prior distribution subject to the fee, or the receipt in this state by any business entity of architectural coating with respect to which there has not been a prior distribution on which a fee has been paid pursuant to this section, and the sale, donation, barter, or use of the architectural coating in this state.

(d) The sale of architectural coatings by any business entity required to be registered pursuant to Revenue and Taxation Code Section 6001 et seq., when it is shipped into this state by the seller or delivered by the seller to a carrier, customs broker, or forwarding agent, whether hired by the order of the purchaser or not, for shipment into this state for subsequent sale, donation, barter, or use in this state.

Certificate of Compliance as to 3-12-2002 order, including amendment of subsections (c)-(d) and amendment of Note, transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

Regulation 33004. Architectural Coating Distributor.

Reference: Sections 105310 and 124165, Health and Safety Code.

Authority cited: Section 105310, Health and Safety Code.

"Architectural coating distributor" means each business entity that distributes or has distributed architectural coatings, excluding each business entity that the Department has:

(a) Currently granted an exemption pursuant to section 33040;

(b) Determined to be insolvent; or

(c) Determined did not distribute architectural coatings in or about 1978, and is not historically associated with an architectural coating distributor which distributed architectural coatings in or about 1978.

Certificate of Compliance as to 3-12-2002 order, including amendment of section, transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

Regulation 33005. Appurtenance.

Reference: Sections 105310 and 124165, Health and Safety Code.

Authority cited: Section 105310, Health and Safety Code.

"Appurtenance" means accessories to an architectural structure, such as hand railings, cabinets, bathroom and kitchen fixtures, fences, decking, furniture, rain-gutters and down spouts, window screens, lamp-posts, heating and air conditioning equipment, other mechanical equipment, large fixed stationary tools and concrete forms.

Certificate of Compliance as to 3-12-2002 order transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

Regulation 33006. Business Entity.

Reference: Sections 105310 and 124165, Health and Safety Code.

Authority cited: Section 105310, Health and Safety Code.

"Business entity" means any natural person, or form of business organization, including, but not limited to, a corporation, trust, firm, joint stock company, business concern, partnership, limited liability company, or association.

Certificate of Compliance as to 3-12-2002 order transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

Regulation 33007. Department.

Reference: Sections 105280(c), 105310, 124165, 131050, 131051, and 131052, Health and Safety Code.

Authority cited: Sections 105310 and 131200, Health and Safety Code.

"Department" means the California Department of Public Health.

Certificate of Compliance as to 3-12-2002 order transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

Section and Note amended 1-29-2009.

Regulation 33008. Environmental Lead Contamination.

Reference: Sections 105280(g), 105310 and 124165, Health and Safety Code.

Authority cited: Section 105310, Health and Safety Code.

"Environmental lead contamination" means the persistent presence of lead in the environment, in quantifiable amounts, that results in ongoing and chronic exposure to children.

Certificate of Compliance as to 3-12-2002 order transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

Regulation 33009. Fee.

Reference: Sections 105310 and 124165, Health and Safety Code.

Authority cited: Section 105310, Health and Safety Code.

"Fee" means a fee imposed under Health and Safety Code section 105310 and implementing regulations.

Certificate of Compliance as to 3-12-2002 order transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

Regulation 33010. Historically Associated.

Reference: Sections 105310, 124165, 131050, 131051, and 131052, Health and Safety Code.

Authority cited: Sections 105310 and 131200, Health and Safety Code; and Ch. 799, Stats. 1991, Sec. 11.

"Historically Associated" means that the business entity has a significant relationship to another business entity, such as a business entity which:

(a) Is the alter ego, successor, successor-in-interest, or predecessor, in full or part, of another business entity;

(b) Purchased controlling or significant interest in another business entity;

(d) Exists by way of a merger, consolidation, or reorganization of another business entity;

(e) Acquired the products of another business entity, unless the business entity from which the products were acquired is assessed a fee for the same products;

(f) Acquired a trademark or the goodwill of another business entity, unless the business entity from which the trademark or goodwill was acquired is assessed a fee for the same products.

(g) Acquired significant operating assets from another business entity, including, but not limited to, acquisition of substantially all of a means of production, such as a factory or refinery.

History— New section filed 2-1-93 as an emergency; operative 2-1-93 (Register 93, No. 6). A Certificate of Compliance must be transmitted to OAL 6-1-93 or emergency language will be repealed by operation of law on the following day.

Certificate of Compliance as to 2-1-93 order transmitted to OAL 6-1-93 and filed 7-12-93 (Register 93, No. 29).

Repealer and new section filed 7-19-2001 as an emergency; operative 7-19-2001. A Certificate of Compliance must be transmitted to OAL by 11-16-2001 or emergency language will be repealed by operation of law on the following day. Exempt from OAL review pursuant to Health and Safety Code section 105310(h) (Register 2001, No. 29).

Repealer and new section refiled 11-14-2001 as an emergency; operative 11-17-2001. A Certificate of Compliance must be transmitted to OAL by 3-18-2002 or emergency language will be repealed by operation of law on the following day. Exempt for OAL review pursuant to Health and Safety Code section 105310(h) (Register 2001, No. 46).

Repealer and new section refiled 3-12-2002 as an emergency; operative 3-19-2002. A Certificate of Compliance must be transmitted to OAL by 7-17-2002 or emergency language will be repealed by operation of law on the following day. Exempt for OAL review pursuant to Health and Safety Code section 105310(h) (Register 2002, No. 11).

Certificate of Compliance as to 3-12-2002 order, including amendment of first paragraph and amendment of Note, transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

New subdivision (g) added and subdivision (f) and Note amended 1/29/2009.

Regulation 33011. Industry.

Reference: Sections 105310 and 124165, Health and Safety Code.

Authority cited: Section 105310, Health and Safety Code.

"Industry" means motor vehicle fuel distributors, architectural coating distributors, or facilities releasing lead into ambient air in California.

Certificate of Compliance as to 3-12-2002 order transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

Regulation 33012. Motor Vehicle Fuel.

Reference: Sections 105310 and 124165, Health and Safety Code.

Authority cited: Section 105310, Health and Safety Code.

"Motor vehicle fuel" means gasoline, natural gasoline, blends of gasoline and alcohol containing more than 15 percent gasoline, and any inflammable liquid, by whatever name the liquid may be known or sold, which is used or is usable for propelling motor vehicles operated or suitable for operation on the highway. "Motor vehicle fuel" does not include kerosene, liquefied petroleum gas, natural gas in liquid or gaseous form, ethanol, methanol, or inflammable liquids specifically manufactured for racing motor vehicles which do not contain gasoline or natural gasoline and which are distributed and used for racing motor vehicles at a racetrack.

Certificate of Compliance as to 3-12-2002 order, including amendment of Note, transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

Regulation 33013. Motor Vehicle Fuel Distribution.

Reference: Sections 105310 and 124165, Health and Safety Code.

Authority cited: Section 105310, Health and Safety Code.

"Motor vehicle fuel distribution" means any of the following:

(a) The refining, manufacturing, producing, blending, or compounding of motor vehicle fuel in this state, and the sale, donation, barter, or use of motor vehicle fuel in this state.

(b) The importing of motor vehicle fuel into this state with respect to which there has been no prior distribution subject to the fee, and the sale, donation, barter, or use of motor vehicle fuel in this state.

(c) The receiving in this state by a motor vehicle fuel distributor of motor vehicle fuel with respect to which there has been no prior distribution subject to the fee, or the receipt in this state by any business entity of motor vehicle fuel with respect to which there has not been a prior distribution on which a fee has been paid pursuant to this section, and the sale, donation, barter, or use of the motor vehicle fuel in this state.

(d) The sale of motor vehicle fuel by any business entity required to be registered pursuant to Revenue and Taxation Code Section 6001 et seq., when it is shipped into this state by the seller or delivered by the seller to a carrier, customs broker, or forwarding agent, whether hired by the order of the purchaser or not, for shipment into this state for subsequent sale, donation, barter, or use in this state.

Certificate of Compliance as to 3-12-2002 order, including amendment of subsections (c)-(d) and amendment of Note, transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

Regulation 33014. Motor Vehicle Fuel Distributor.

Reference: Sections 105310 and 124165, Health and Safety Code.

Authority cited: Section 105310, Health and Safety Code.

"Motor vehicle fuel distributor" means each business entity that distributes or has distributed motor vehicle fuel excluding each business entity that the Department has:

(a) Currently granted an exemption pursuant to section 33040;

(b) Determined to be insolvent; or

(c) Determined did not distribute motor vehicle fuel in or about 1991, and is not historically associated with a motor vehicle fuel distributor which distributed motor vehicle fuel in or about 1991.

Certificate of Compliance as to 3-12-2002 order, including amendment of section and Note, transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

Regulation 33015. Ongoing and Chronic Exposure.

Reference: Sections 105250, 105310, 124160(b) and 124165, Health and Safety Code.

Authority cited: Section 105310, Health and Safety Code.

"Ongoing and chronic exposure" means exposure to lead that has been dispersed into the environment by industry which has not been abated in accordance with Title 17, California Code of Regulations, Division 1, Chapter 8, section 35001 et seq.

Certificate of Compliance as to 3-12-2002 order, including amendment of section, transmitted to OAL 7-16-2002 and filed 8-22-2002 (Register 2002, No. 34).

¹ When the basis for application of the fee on motor vehicle fuel distributors and architectural coatings distributors changed, as of July 19, 2001, from gallons distributed by the feepayer two years prior to the year the fee was assessed (e.g., gallons distributed in 1991 reported April 1, 1993), to the feepayer's market share of gallons distributed in 1991 and 1978, respectively, the calendar year 2000 was no longer relevant to any fee calculation for motor vehicle fuel distributors and architectural coatings distributors.

Laws, Regulations and Annotations

Search

Business Taxes Law Guide—Revision 2024

Childhood Lead Poisoning Prevention Fee Regulations

California Code of Regulations

Title 17. Public Health Division 1. Administration of Public Health Chapter 6. Lead Poisoning Prevention Programs

Article 1. Definitions

Regulation 33001. Applicant.

Regulation 33002. Architectural Coating.

Regulation 33003. Architectural Coating Distribution.

Regulation 33004. Architectural Coating Distributor.

Regulation 33005. Appurtenance.

Regulation 33006. Business Entity.

Regulation 33007. Department.

Regulation 33008. Environmental Lead Contamination.

Regulation 33009. Fee.

Regulation 33010. Historically Associated.

Regulation 33011. Industry.

Regulation 33012. Motor Vehicle Fuel.

Regulation 33013. Motor Vehicle Fuel Distribution.

Regulation 33014. Motor Vehicle Fuel Distributor.

Regulation 33015. Ongoing and Chronic Exposure.

Title 17. Public Health
Division 1. Administration of Public Health
Chapter 6. Lead Poisoning Prevention Programs