1. (a) Operators seeking to demonstrate that a location is not within a Health Protection Zone shall provide a statement to the Division that adheres to the following requirements:

   1. (1) The statement shall identify all of the following features located within 3,200 feet of the location:

      1. (A) All buildings, including all permanent, installed, rigid-walled structures; and
      2. (B) Any site that the Division has identified as a potential sensitive receptor.
   2. (2) The statement shall include the physical address of each identified feature, including the city, postal zip code, street name and number, and, if necessary to distinguish the sensitive receptor, a unit or building number.
   3. (3) For each feature identified, the statement shall explain why the feature does not meet the definition of a “sensitive receptor” under Section 1765.1.
   4. (4) The statement shall be submitted in .txt, .docx, or .pdf format.
2. (b) When the Division reviews a statement provided under subdivision (a) and submitted in connection with a notice of intention under Public Resources Code section 3203, the Division will review the information provided, and any other relevant information, and determine on a case-by-case basis whether each feature identified is a sensitive receptor as defined in Section 1765.1 and consistent with the purposes of this article. If the Division agrees that the location is not within a Health Protection Zone, then the Division will provide verification that, as of the date of determination, the subject location is not within a Health Protection Zone.
3. (c) For statements provided under subdivision (a) and submitted in connection with inventories and associated maps required by Public Resources Code section 3285, the Division will review for completeness and accuracy no less than 30 percent of the inventories and maps submitted annually and notify operators of any discrepancies.
4. (d) If the Division finds that the location is within a Health Protection Zone or that the operator has not sufficiently demonstrated that the location is not within a Health Protection Zone, then the subject location is within a Health Protection Zone.

Note: Authority cited: Sections 3013, 3106 and 3270, Public Resources Code. Reference: Sections 3011, 3106, 3270, 3281 and 3285, Public Resources Code.

History

1. New section filed 1-6-2023 as an emergency; operative 1-6-2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 1-6-2025 or emergency language will be repealed by operation of law on the following day.

2. The effectiveness of this section was suspended on 2-3-2023 following the Secretary of State's qualification of a referendum staying the effectiveness of the underlying statutes until and unless those statutes are enacted by the voters in the November 2024 general election (Register 2023, No. 8).

3. Change without regulatory effect removing bracketed language after heading filed 7-8-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 28). Effectiveness of section reinstated 6-27-2024 due to withdrawal of Referendum 1940 (22-0006) pursuant to Elections Code section 9604(b) (See Elections Code section 9033(d)). Pursuant to Public Resources Code section 3288, a Certificate of Compliance must be transmitted to OAL by 5-30-2026, or emergency language will be repealed by operation of law on the following day.

4. Effective date of Order 7-8-2024 extended to July 1, 2026, pursuant to Public Resources Code Section 3288, as amended by Assembly Bill 218 (Ch. 1002, Stats. 2024.) (Register 2026, No. 18).

5. Certificate of Compliance as to 7-8-2024 order, including repealer and new section, transmitted to OAL 3-13-2026 and filed 4-27-2026; amendments effective 7-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 18).