California Health and Safety Code CHAPTER 2 - Definitions

• Section 39010.
  Unless the context requires otherwise, a definition set forth in this chapter shall govern the construction of this division, unless and until rules and regulations...
• Section 39010.5.
  “Acid deposition” means the wet or dry deposition of acid chemical compounds from the atmosphere.(Added by Stats. 1982, Ch. 1473, Sec. 1.)
• Section 39010.6.
  “Acid deposition precursor” means an air contaminant which may be transformed to an acid gas or particle in the atmosphere.(Added by Stats. 1982, Ch. 1473,...
• Section 39011.
  “Agricultural burning” means open outdoor fires used in any of the following:(a) Agricultural operations in the growing of crops or raising of fowl or animals, or...
• Section 39011.5.
  (a) “Agricultural source of air pollution” or “agricultural source” means a source of air pollution or a group of sources used in the production of crops,...
• Section 39012.
  “Air basin” means an area of the state designated by the state board pursuant to subdivision (a) of Section 39606.(Repealed and added by Stats. 1975,...
• Section 39013.
  “Air contaminant” or “air pollutant” means any discharge, release, or other propagation into the atmosphere and includes, but is not limited to, smoke, charred paper,...
• Section 39014.
  “Ambient air quality standards” means specified concentrations and durations of air pollutants which reflect the relationship between the intensity and composition of air pollution to...
• Section 39014.3.
  “Antelope Valley district” means the Antelope Valley Air Quality Management District created pursuant to Chapter 14 (commencing with Section 41300) of Part 3.(Amended by Stats....
• Section 39014.5.
  “Antelope Valley district board” means the governing board of the Antelope Valley Air Quality Management District.(Amended by Stats. 2001, Ch. 163, Sec. 2. Effective January...
• Section 39015.
  “Bay district” means the Bay Area Air Quality Management District continued in existence pursuant to Chapter 4 (commencing with Section 40200) of Part 3.(Amended by...
• Section 39016.
  “Bay district board” means the governing body of the bay district.(Added by Stats. 1975, Ch. 957.)
• Section 39016.5.
  “Bureau” means the Bureau of Automotive Repair in the Department of Consumer Affairs.(Repealed and added by Stats. 2000, Ch. 890, Sec. 2. Effective January 1,
• Section 39017.
  “Bus” has the same meaning as defined in Section 233 of the Vehicle Code.(Added by Stats. 1975, Ch. 957.)
• Section 39018.
  “Certification” means a finding by the state board that a motor vehicle, motor vehicle engine, or motor vehicle pollution control device has satisfied the criteria...
• Section 39019.
  “Certified device” means a motor vehicle pollution control device with a certification, and includes a motor vehicle pollution control device previously accredited or approved by...
• Section 39019.5.
  “Cogeneration technology” has the same meaning as defined in Section 25134 of the Public Resources Code.(Added by Stats. 1979, Ch. 922.)
• Section 39019.6.
  “Cogeneration technology project” shall not include existing equipment owned or operated by the applicant or host industry which is not modified as a result of...
• Section 39020.
  “Combustible or flammable solid waste” means any garbage, rubbish, trash, rags, paper, boxes, crates, excelsior, ashes, offal, carcass of a dead animal, or any other...
• Section 39021.
  “Commercial vehicle” has the same meaning as defined in Section 260 of the Vehicle Code.(Repealed and added by Stats. 1975, Ch. 957.)
• Section 39021.5.
  “Components of emissions control systems” are those parts included in the state board’s “Emissions Warranty Parts List,” dated December 14, 1978, referenced in subdivision (c)...
• Section 39022.
  “County district” means a district continued in existence pursuant to Chapter 2 (commencing with Section 40100) of Part 3.(Repealed and added by Stats. 1975, Ch.
• Section 39023.
  “County district board” means the governing body of a county district.(Repealed and added by Stats. 1975, Ch. 957.)
• Section 39023.3.
  “Fugitive emissions” mean those emissions that cannot reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. Notwithstanding subdivision (b) of Section 39601,...
• Section 39024.
  “Crankcase emissions” means substances emitted directly to the atmosphere from any opening leading to the crankcase of a motor vehicle engine. Crankcase gases which are...
• Section 39024.5.
  “Department” means the Department of Consumer Affairs.(Added by Stats. 1982, Ch. 892, Sec. 1.2.)
• Section 39024.6.
  “Direct import vehicle” means any light-duty motor vehicle manufactured outside of the United States which was not intended by the manufacturer for sale in the...
• Section 39025.
  “District” means an air pollution control district or an air quality management district created or continued in existence pursuant to provisions of Part 3 (commencing...
• Section 39026.
  “District board” means the governing body of a district.(Added by Stats. 1975, Ch. 957.)
• Section 39026.5.
  “Elderly low-income person” means an individual over 62 years of age who resides in a household wherein the combined adjusted gross income, as defined in...
• Section 39027.
  “Emission standards” means specified limitations on the discharge of air contaminants into the atmosphere.(Added by Stats. 1975, Ch. 957.)
• Section 39027.3.
  (a)  “Bidirectional control” means the capability of a diagnostic tool to send messages on the data (bus) that temporarily overrides the module’s control over a...
• Section 39027.5.
  (a) “Emissions retrofit device” means an exhaust device certified pursuant to Section 43630 or approved for use pursuant to Section 27156 of the Vehicle Code which...
• Section 39028.
  “Exhaust device” means a motor vehicle pollution control device to reduce exhaust emissions.(Added by Stats. 1975, Ch. 957.)
• Section 39029.
  “Exhaust emissions” means substances emitted to the atmosphere from any opening downstream from the exhaust port of a motor vehicle engine.(Added by Stats. 1975, Ch.
• Section 39030.
  “Flue” means any duct or passage for air, gases, or the like, such as a stack or chimney.(Added by Stats. 1975, Ch. 957.)
• Section 39031.
  “Fuel evaporative loss emissions” means vaporized fuel emitted into the atmosphere from the fuel system of a motor vehicle.(Added by Stats. 1975, Ch. 957.)
• Section 39032.
  “Fuel system” means the combination of fuel tank, fuel lines and carburetor, or fuel injector, and includes all vents and fuel evaporative emission control systems...
• Section 39032.5.
  “Gross polluter” means a vehicle with excess hydrocarbon, carbon monoxide, or oxides of nitrogen emissions as established by the department in consultation with the state...
• Section 39033.
  “Heavy-duty” means having a manufacturer’s maximum gross vehicle weight rating of 6,001 or more pounds.(Amended by Stats. 1976, Ch. 1063.)
• Section 39034.
  “Implement of husbandry” has the same meaning as defined in Chapter 1 (commencing with Section 36000), Division 16 of the Vehicle Code.(Added by Stats. 1975,...
• Section 39035.
  “Light-duty” means having a manufacturer’s maximum gross vehicle weight rating of under 6,001 pounds.(Amended by Stats. 1976, Ch. 1063.)
• Section 39037.
  “Local or regional authority” means the governing body of any city, county, or district.(Added by Stats. 1975, Ch. 957.)
• Section 39037.05.
  “Low-emission motor vehicle” means a motor vehicle which has been certified by the state board to meet all applicable emission standards and which meets at...
• Section 39037.1.
  “Marine vessel” means any tugboat, tanker, freighter, passenger ship, barge, or other boat, ship, or watercraft, except those used primarily for recreation.(Added by Stats. 1979,...
• Section 39037.5.
  “Medium duty” means a heavy-duty vehicle having a manufacturer’s gross vehicle weight rating under a limit established by the state board.(Added by Stats. 1988, Ch....
• Section 39038.
  “Model year” means the manufacturer’s annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production period,...
• Section 39038.3.
  “Mojave Desert district” means the Mojave Desert Air Quality Management District created pursuant to Chapter 13 (commencing with Section 41200) of Part 3.(Added by Stats....
• Section 39038.5.
  “Mojave Desert district board” means the governing board of the Mojave Desert district.(Added by Stats. 1992, Ch. 642, Sec. 2. Effective January 1, 1993.)
• Section 39039.
  “Motor vehicle” has the same meaning as defined in Section 415 of the Vehicle Code.(Added by Stats. 1975, Ch. 957.)
• Section 39040.
  “Motor vehicle pollution control device” means equipment designed for installation on a motor vehicle for the purpose of reducing the air contaminants emitted from the...
• Section 39041.
  “Motorcycle” has the same meaning as defined in Section 400 of the Vehicle Code.(Added by Stats. 1975, Ch. 957.)
• Section 39042.
  “New motor vehicle” means a motor vehicle, the equitable or legal title to which has never been transferred to an ultimate purchaser.(Amended by Stats. 1976,...
• Section 39042.5.
  “New motor vehicle engine” means a new engine in a motor vehicle.(Added by Stats. 1976, Ch. 1206.)
• Section 39043.
  “Nonvehicular sources” means all sources of air contaminants, including the loading of fuels into vehicles, except vehicular sources.(Added by Stats. 1975, Ch. 957.)
• Section 39043.5.
  “Obscurant” means fog oil released into the atmosphere during military exercises which produces a smoke screen designed to eliminate the detection of persons or objects...
• Section 39044.
  “Open outdoor fire” means any combustion of combustible material of any type outdoors in the open, not in any enclosure, where the products of combustion...
• Section 39045.
  “Orchard or citrus grove heater” means any article, machine, equipment, or other contrivance, burning any type of fuel or material capable of emitting air contaminants,...
• Section 39046.
  “Passenger vehicle” has the same meaning as defined in Section 465 of the Vehicle Code.(Added by Stats. 1975, Ch. 957.)
• Section 39047.
  “Person” includes all of the following:(a)  A “person” as defined in Section 19. (b)  Any state or local governmental agency or public district, or any...
• Section 39047.2.
  “PM2.5” means particulate matter 2.5 microns and smaller in size.(Added by Stats. 1999, Ch. 477, Sec. 1. Effective January 1, 2000.)
• Section 39047.5.
  “Qualifying facility” means a qualifying small power production facility as defined in Section 228.5 of the Public Utilities Code.(Added by Stats. 1985, Ch. 978, Sec.
• Section 39048.
  “Racing vehicle” means a competition vehicle not used on public highways.(Added by Stats. 1975, Ch. 957.)
• Section 39049.
  “Regional district” means a district created pursuant to Chapter 5 (commencing with Section 40300) of Part 3.(Added by Stats. 1975, Ch. 957.)
• Section 39050.
  “Regional district board” means the governing body of a regional district.(Repealed and added by Stats. 1975, Ch. 957.)
• Section 39050.5.
  “Resource recovery project” means a project which converts municipal wastes, agricultural wastes, forest wastes, landfill gas, or digester gas in a manner so as to...
• Section 39050.7.
  “Sacramento district” means the Sacramento Metropolitan Air Quality Management District created pursuant to Chapter 10 (commencing with Section 40950) of Part 3.(Added by Stats. 1988,...
• Section 39050.8.
  “Sacramento district board” means the governing body of the Sacramento district.(Added by Stats. 1988, Ch. 1541, Sec. 2.)
• Section 39051.
  “Schedule of increments of progress” means a statement of dates when various steps are to be taken to bring a source of air contaminants into...
• Section 39051.5.
  “Schoolbus” means a heavy-duty motor vehicle exclusively designed and built for the transportation of any school, college, or university student to or from educational facilities...
• Section 39051.7.
  (a) “Smog index” means the index number assigned to a motor vehicle by the state board pursuant to Section 44251 to indicate the effect of the...
• Section 39052.
  “Solid waste dump” means any accumulation for the purpose of disposal of any solid waste.(Repealed and added by Stats. 1975, Ch. 957.)
• Section 39052.5.
  “South coast district” means the South Coast Air Quality Management District created pursuant to Chapter 5.5 (commencing with Section 40400) of Part 3.(Added by Stats....
• Section 39052.6.
  “South coast district board” means the governing body of the south coast district.(Added by Stats. 1976, Ch. 324.)
• Section 39053.
  “State board” means the State Air Resources Board.(Amended by Stats. 2013, Ch. 76, Sec. 115. (AB 383) Effective January 1, 2014.)
• Section 39053.3.
  “Title V” means Title V of the federal Clean Air Act (42 U.S.C. Sec. 7661 et seq.).(Added by Stats. 1993, Ch. 1166, Sec. 2. Effective...
• Section 39053.5.
  “Title V source” means only a stationary source required by federal law to be included in an operating permit program established pursuant to Title V...
• Section 39053.6.
  “Trading program with capped emissions” or “emission-capped trading program” means a market-based incentive trading program adopted pursuant to subdivision (b) of Section 39616 that allows...
• Section 39054.
  “Truck” means a motor truck as defined in Section 410 of the Vehicle Code.(Repealed and added by Stats. 1975, Ch. 957.)
• Section 39055.
  “Truck tractor” has the same meaning as defined in Section 655 of the Vehicle Code.(Repealed and added by Stats. 1975, Ch. 957.)
• Section 39055.5.
  “Ultimate purchaser” means, with respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases a new...
• Section 39056.
  “Unified district” means a district created or continued in existence pursuant to Chapter 3 (commencing with Section 40150) of Part 3.(Repealed and added by Stats....
• Section 39057.
  “Unified district board” means the governing body of a unified district.(Repealed and added by Stats. 1975, Ch. 957.)
• Section 39058.
  “Used motor vehicle” means any motor vehicle which is not a new motor vehicle.(Amended by Stats. 1976, Ch. 1206.)
• Section 39059.
  “Vehicle” has the same meaning as defined in Section 670 of the Vehicle Code.(Repealed and added by Stats. 1975, Ch. 957.)
• Section 39060.
  “Vehicular sources” means those sources of air contaminants emitted from motor vehicles.(Repealed and added by Stats. 1975, Ch. 957.)

Last modified: October 22, 2018