Statutes, codes, and regulations
California Code Of Regulations
Title 14 - Natural ResourcesDivision 1 - Fish and Game Commission-Department of Fish and GameSubdivision 4 - Office of Spill Prevention and Response
Chapter 2 - Financial Responsibility
Section 791.7 - Procedures for Application for California Certificate of Financial Responsibility

Cal. Code Regs. tit. 14 § 791.7

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 791.7 - Procedures for Application for California Certificate of Financial Responsibility
(a) The following application forms shall be used to obtain a certificate:
(1) Application for Certificate of Financial Responsibility for Operators or Owners of Tank Vessels, form DFW 1925 (8/14). Vessels carrying oil as secondary cargo shall use DFW 1925 to obtain a certificate of financial responsibility.
(2) Application for Certificate of Financial Responsibility for Owners or Operators of Nontank Vessels, form DFW 1972 (Rev. 07/21).
(3) Application for Certificate of Financial Responsibility for Marine Facilities, form DFW 1924 (8/14).
(4) Application for Certificate of Financial Responsibility for Owners of Oil, form DFW 1947 (8/14).
(5) Application for Certificate of Financial Responsibility for Mobile Transfer Units, form DFW 1946 (8/14).
(6) Application for Certificate of Financial Responsibility for Inland Facilities, form DFW 1932 (NEW 06/21/17).
(b) These forms shall collectively be referred to as applications and are incorporated by reference herein.
(1) The application forms may be found on the website of the Office of Spill Prevention and Response, and upon completion, submitted to the following:

Courier Service:

DEPARTMENT OF FISH AND WILDLIFE

OFFICE OF SPILL PREVENTION AND RESPONSE (OSPR)

1010 RIVERSIDE PARKWAY

WEST SACRAMENTO, CA 95605

U.S. Mail:

DEPARTMENT OF FISH AND WILDLIFE

OFFICE OF SPILL PREVENTION AND RESPONSE

POST OFFICE BOX 944209

SACRAMENTO, CA 94244-2090

E-Mail:

For Facilities - cacofr-facilities@wildlife.ca.gov

For tank vessels or vessels with oil as cargo - cacofr-tank@wildlife.ca.gov

For nontank vessels - cacofr-nontank@wildlife.ca.gov

(c) General Application Content and Procedures.
(1) All applications and supporting documents shall be prepared in English and all monetary terms shall be in U.S. currency.
(2) All spaces on the application shall be completed with either the requested information or the phrase "Not applicable."
(3) All applications shall be signed by an authorized representative of the owner or operator applicant whose title shall be indicated in the space provided on the application.
(4) If the application is submitted by an agent on behalf of the owner or operator (e.g. a consultant), the Administrator may request a written delegation of authority authorizing the agent to submit the application on behalf of the owner or operator.
(5) Each applicant shall provide the name, address, telephone number and e-mail of an agent for service of process designated to receive legal documents on behalf of the applicant. The agent shall be located in California. If the applicant contracts for this service, the Administrator may request documentation that the agent for service of process acknowledges this capacity.
(6) An owner or operator of a nontank vessel shall submit a nonrefundable fee for each nontank vessel with each new or renewal application. The fee is set by section 870.17 of this subdivision. The owner or operator shall not deduct any processing charges from the fee. The fee amounts are as follows:
(A) For a nontank vessel that has a carrying capacity of over 6,500 barrels of fuel, or a carrying capacity of over 7,500 barrels of fuel if the vessel is owned and operated by California or a federal agency, a fee of $3,750 per vessel, or;
(B) For a nontank vessel that has a carrying capacity greater than 500 barrels of fuel but less than or equal to 6,500 barrels of fuel, or a carrying capacity greater than 500 barrels of fuel but less than or equal to 7,500 barrels of fuel if owned and operated by California or a federal agency, a fee of $2,250 per vessel, or;
(C) For a nontank vessel that has a carrying capacity of 500 barrels of fuel or less, a fee of $750 per vessel.
(7) If, prior to certificate issuance, an applicant becomes aware of a material change in any of the facts contained in the application or supporting documents, the applicant shall, within seven calendar days of becoming aware of any change, notify the Administrator in writing of the change.
(d) For new or renewal applications for vessels only, any evidence submitted to demonstrate financial responsibility, and any applicable nontank vessel fees, shall be received by the Office of Spill Prevention and Response at least 10 calendar days prior to operating where a spill may impact waters of the state. After expiration of any of the methods of evidence used to demonstrate financial responsibility, documentation of the financial responsibility renewal shall be provided at least 10 calendar days before operating where a spill may impact waters of the state.
(e)
(1) Applications and evidence of financial responsibility submitted by applicants will be reviewed within 30 calendar days of receipt by the Office of Spill Prevention and Response. Certificates will be issued within that period provided that the following has been received:
(1) adequate information was furnished in the application, (2) acceptable evidence of financial responsibility, and (3) receipt of the nontank vessel fee if applicable.
(2) If the information contained in the application, evidence of financial responsibility, or any supplemental information provided is insufficient, the Administrator shall notify the applicant of the nature of the insufficiency. The applicant shall then have 30 calendar days from the date of notification to provide the missing information or additional evidence.
(3) Certificates will be issued within 15 calendar days of receipt of sufficient additional evidence or supplemental information. In the event that acceptable evidence or adequate information is not received, the Administrator may deny the application by providing written notice specifying the reasons for the denial.
(f) Each certificate issued by the Administrator shall be valid for two years except for the following:
(1) The Administrator may issue a certificate for a facility for a period of no longer than three years if the Administrator finds that:
(A) Continued operation is necessary to finance abandonment of the facility; and
(B) The financial resources the applicant is able to demonstrate are reasonably sufficient to cover any spill-related damages from the facility.
(2) A certificate for a mobile transfer unit shall be valid for one year.
(g) Financial Responsibility Amounts for Tankers, Nontank Vessels, Large Tank Barges, and Owners of Oil.
(1) The amounts of financial responsibility that must be demonstrated are as follows:
(A) Owners or operators of tankers, large tank barges, or owners of, or persons accepting responsibility for the oil shall demonstrate their current financial ability to pay at least $1 billion ($1,000,000,000).
(B) Except as provided in (C) of this section below, owners or operators of nontank vessels shall demonstrate their current financial ability to pay at least $300 million ($300,000,000).
(C) Owners or operators of nontank vessels that have a carrying capacity of 6,500 barrels of fuel or less, or a carrying capacity of 7,500 barrels of fuel or less for nontank vessels owned and operated by California or a federal agency, shall demonstrate their current financial ability to pay the following amount of financial responsibility:
1. $2 million ($2,000,000) for those that have a carrying capacity from less than 1 to not more than 10 barrels;
2. $5 million ($5,000,000) for those that have a carrying capacity greater than 10 to not more than 50 barrels;
3. $10 million ($10,000,000) for those that have a carrying capacity greater than 50 to not more than 500 barrels;
4. $18.9 million ($18,900,000) for those that have a carrying capacity greater than 500 to not more than 1,000 barrels.
5. For nontank vessels that have a carrying capacity greater than 1,000 barrels of fuel to a carrying capacity of not more than 6,500 barrels of fuel, or 7,500 barrels of fuel for nontank vessels owned and operated by California or a federal agency, the amount of financial responsibility shall be calculated as follows: subtract 1,000 barrels from the total carrying capacity of fuel of the nontank vessel; multiply this amount by $5,670 (which represents 30 percent of the per barrel clean-up and damage cost of spilled oil of $18,900); then add $18.9 million ($18,900,000).
6. The amount of financial responsibility shall not exceed the amount required for nontank vessels as set forth in section 8670.37.58 of the Government Code.
7. Certificates of financial responsibility are not required for non-self propelled nontank vessels that do not carry any fuel.
(2) The amounts in this subsection are in effect unless amended by section 8670.37.53, 8670.37.58, or 8670.41 of the Government Code.
(h) Financial Responsibility Amounts for Marine Facilities, Inland Facilities, Small Marine Fueling Facilities, Mobile Transfer Units, Small Tank Barges, and Vessels Carrying Oil As Secondary Cargo.
(1) The Administrator shall determine the amount of financial responsibility that must be demonstrated as follows:
(A) For small tank barges:
1. The product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times 30 percent of the maximum cargo capacity, as measured in barrels, of the small tank barge.
2. The amount of financial responsibility shall not exceed the minimum amount required for tankers as set forth in section 8670.37.53 of the Government Code. Currently this is $1 billion ($1,000,000,000).
3. The amount of financial responsibility required for small tank barges used exclusively to transfer, transport, store, or mechanically treat oily waste water may be reduced if allowed by the Administrator following the reconsideration process described in section 790.5 of chapter 1. If a reduced financial responsibility amount is allowed, it shall be based on: $12,500 times 30 percent of the maximum concentration of oil found in the oily waste water, as measured in barrels.
4. In no case will the amount of financial responsibility be reduced below the minimum of $1 million ($1,000,000).
(B) For marine facilities (except for offshore marine facilities, small marine fueling facilities, and mobile transfer units addressed under subsections (C), (D), and (E), respectively):
1. The product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times the reasonable worst case spill volume, as measured in barrels, calculated in the applicant's oil spill contingency plan, in accordance with subsections 817.02(d)(1)(A), (B), (C), and (E) of this subdivision.
2. The amount determined pursuant to paragraph (1) above shall not be less than $1 million ($1,000,000) or in excess of $300 million ($300,000,000), unless otherwise determined by the Administrator following the reconsideration process described in section 790.5 of chapter 1.
(C) For offshore marine facilities engaged in drilling operations which may have the potential for resulting in an uncontrolled release of oil from the reservoir into marine waters:
1. The product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times the reasonable worst case spill volume, as measured in barrels. This volume is based on calculations and parameters proposed by the offshore marine facility in the applicant's oil spill contingency plan, in accordance with subsection 817.02(d)(1)(C) or (D) of this subdivision, plus:
2. The amount determined pursuant to paragraph (1) above shall not be less than $10 million ($10,000,000) or in excess of $300 million ($300,000,000), unless otherwise determined by the Administrator following the reconsideration process described in section 790.5 of chapter 1.
(D) For small marine fueling facilities (except for mobile transfer units):
1. The product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times the reasonable worst case spill volume, as measured in barrels, calculated in the applicant's oil spill contingency plan, in accordance with subsection 817.03(d)(1)(A).
(E) For Mobile Transfer Units:
1. The product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times 30 percent of the maximum cargo capacity, as measured in barrels, of the mobile transfer unit.
2. The amount of financial responsibility required for mobile transfer units used exclusively to transport oil-water mixture may be reduced if allowed by the Administrator following the reconsideration process described in section 790.5 of chapter 1. If a reduced financial responsibility amount is allowed, it shall be based on $12,500 times 30 percent of the maximum concentration of oil found in the oily waste water, as measured in barrels.
(F) For Vessels Carrying Oil As Secondary Cargo:
1. The product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times 30 percent of the maximum oil cargo capacity, as measured in barrels, of the vessel.
2. The amount of financial responsibility shall not exceed the minimum amount required for tankers as set forth in section 8670.37.53 of the Government Code.
3. The amount of financial responsibility shall at least be a minimum of $1 million ($1,000,000).
(G) For Inland Facilities (including railroads):
1. If the applicant only poses a risk to inland waters designated as intermittent or ephemeral in the National Hydrography Dataset and the statewide quarter mile buffer data layer (as depicted in the Southwest Environmental Response Management Application, on the National Oceanic and Atmospheric Administration's website, the required financial responsibility is the product of the reasonable worst case spill volume in barrels (as determined in the applicant's oil spill contingency plan pursuant to subsection 817.04(j) of this subdivision) multiplied by $6,000.
2. If the applicant poses a risk to inland waters designated as perennial in the National Hydrography Dataset, the required financial responsibility is the product of the reasonable worst case spill volume in barrels (as determined in the applicant's oil spill contingency plan pursuant to subsection 817.04(j) of this subdivision) multiplied by $10,000.
3. The maximum financial responsibility that may be required for an inland facility is $100 million ($100,000,000).
(i) Application renewals.
(1) Certificate renewal applications are sent by the Administrator to the certificant approximately 45 calendar days prior to the expiration of the existing certificate. However, failure to receive this renewal notice does not relieve the certificant of the obligation to timely renew the certificate. In order to renew a certificate, renewal applications must be submitted prior to the expiration date.
(2) If at any time after a certificate has been issued, a certificant becomes aware of a material change in any facts contained in the application or supporting documents, which includes, but is not limited to the certificant ceasing to be the owner or operator, or that the method of demonstrating financial responsibility will be terminated, or any coverage thereunder will cease, then the certificant shall notify the Administrator, in writing, within seven calendar days of becoming aware of the material change. If there is a change in applicant name, or vessel name change, or if the certificate expires, a new certificate will be necessary.
(3) If the method of demonstrating financial responsibility, as provided in the certificant's application is about to expire, the certificant shall submit to the Administrator, prior to expiration, proof of renewal or change in the method of demonstrating financial responsibility. As applicable, see subsection 795(a) Insurance, (b) Self-insurance, (c) Surety Bond, (d) Letter of Credit, (e) Guaranty, or (f) Protection and Indemnity Clubs; these sections describe the expiration and renewal process, and time frame for submission of renewal information.
(4) Owners or operators of nontank vessels renewing a certificate shall submit the nonrefundable fee per vessel, as set forth in subsection (c)(6).
(j) Requests for Reconsideration.

Applicants and certificants may submit a written request to the Administrator requesting reconsideration of the amount of financial responsibility that the owner or operator must demonstrate to obtain a certificate, or any decision by the Administrator to deny issuance of a certificate or a renewal certificate. Requests must be submitted by following the process described in section 790.5 of chapter 1.

Cal. Code Regs. Tit. 14, § 791.7

1. Change without regulatory effect renumbering and amending former section 791 to new section 791.7 filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
2. Change without regulatory effect repealing subsection (e)(2)(B)2. and subsection renumbering filed 7-18-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 29).
3. Change without regulatory effect amending subsections (e)(2)(A)3., (e)(2)(B), (e)(2)(B)2., (e)(2)(C)3. and (e)(2)(D)2. and repealing subsections (e)(2)(B)4.-5. filed 8-3-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 31).
4. Change without regulatory effect amending subsection (a) and adding (a)(1)-(6) designators, amending subsections (d)(1)(A)-(C), and amending forms incorporated by reference at subsections (a)(1), (a)(2), (a)(3) and (a)(4) filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43). FG OSPR Forms 1924 (10/96), 1925 (10/96), 1926 (2/95), 1927 (2/95), 1928 (2/95), 1929 (2/95), 1930 (2/95), 1946 (2/96) and 1947 (8/96), which are incorporated by reference in Section 791.7, were removed from print but are still incorporated.
5. Amendment filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
6. Editorial correction of subsection (a) (Register 98, No. 30).
7. Change without regulatory effect amending subsections (a)(2), (e)(2)(B)1., and (e)(2)(D)1. filed 7-23-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 30).
8. Amendment of section and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
9. Amendment of subsections (a)(1), (d) and (d)(1) and new subsections (d)(1)(D)1. and 2. filed 2-4-2000 as an emergency; operative 2-4-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-5-2000 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 2-4-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31).
11. Amendment of subsection (a)(2), repealer of subsection (d)(1)(A), subsection relettering, amendment of newly designated subsection (d)(1)(B)2., new subsections (d)(1)(C)-(d)(1)(C)8. and repealer and new NOTE filed 12-21-2000 as an emergency; operative 12-21-2000 (Register 2000, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-20-2001 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsections (a)(2) and (d)-(d)(1), repealer of subsections (d)(1)(A) and (d)(1)(D), subsection relettering, new subsections (d)(1)(C)-(d)(1)(C)8. and repealer and new NOTE refiled 4-16-2001 as an emergency, including further amendment of subsections (d)(1)(C)2.-5.; operative 4-16-2001 (Register 2001, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-2001 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-16-2001 order, including further amendment of section, transmitted to OAL 8-3-2001 and filed 9-17-2001 (Register 2001, No. 38).
14. Change without regulatory effect amending subsections (d)(1)(C)6. and (d)(1)(C)8. and amending NOTE filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
15. Change without regulatory effect amending subsections (a)(1)-(2) and (a)(4) filed 7-25-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 30).
16. Amendment of subsections (a)(2) and (c)(5), new subsections (c)(5)(A)-(C), repealer of subsections (d)(1)(B)1. and (d)(1)(C)7., subsection renumbering, redesignation and amendment of portion of subsection (d)(1)(C) as subsection (d)(2), subsection renumbering and amendment of subsection (f)(3) filed 11-21-2002 as an emergency; operative 1-1-2003 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-1-2003 or emergency language will be repealed by operation of law on the following day.
17. Editorial correction of subsection (d)(1)(B)1. (Register 2002, No. 49).
18. Amendment of subsections (a)(2) and (c)(5), new subsections (c)(5)(A)-(C), repealer of subsections (d)(1)(B)1. and (d)(1)(C)7., subsection renumbering, redesignation and amendment of portion of subsection (d)(1)(C) as subsection (d)(2), subsection renumbering and amendment of subsection (f)(3) refiled 4-30-2003 as an emergency; operative 5-2-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 4-30-2003 order, including further amendment of section and NOTE, transmitted to OAL 5-15-2003 and filed 6-26-2003 (Register 2003, No. 26).
20. Change without regulatory effect amending subsections (a)(1)-(5) and forms OSPR-1924, OSPR-1925, OSPR-1946, OSPR-1947 and OSPR-1972 (incorporated by reference) filed 8-21-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 34).
21. Amendment of subsections (a)(1)-(5) filed 4-17-2006; operative 5-17-2006 (Register 2006, No. 16).
22. Change without regulatory effect amending subsection (a)(2) and form FG OSPR-1972 (incorporated by reference) filed 6-5-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 23).
23. Amendment of subsections (a)(1)-(5), (a)(7) and (c)(7)(A)-(B), new subsections (c)(7)(C)-(D), amendment of subsections (f)(1)-(2) and amendment of NOTE filed 10-9-2008; operative 11-8-2008 (Register 2008, No. 41).
24. Change without regulatory effect amending subsections (a)(1)-(3) and FG OSPR Forms 1924, 1925 and 1972 (incorporated by reference) filed 3-2-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 10).
25. Amendment of subsections (a)(1)-(4) filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5).
26. Editorial correction of HISTORY 25 (Register 2010, No. 6).
27. Amendment of subsections (a), (c)(8)(B), (e)(1), (e)(2)(B)1. and (f)(1)-(2), new subsection (f)(3), subsection renumbering and repealer of subsections (h)-(h)(2) filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
28. Amendment of subsection (a)(2) and form FG OSPR-1972 (incorporated by reference) filed 11-22-2011 as an emergency; operative 1-1-2012 pursuant to Government Code section 11346.1(d) (Register 2011, No. 47). A Certificate of Compliance must be transmitted to OAL by 6-29-2012 or emergency language will be repealed by operation of law on the following day.
29. Amendment of subsections (a) and (a)(7) and repealer of subsections (c)(9)-(c)(9)(C) filed 4-3-2012; operative 5-3-2012 (Register 2012, No. 14).
30. Certificate of Compliance as to 11-22-2011 order transmitted to OAL 3-20-2012 and filed 5-1-2012 (Register 2012, No. 18).
31. Change without regulatory effect amending subsections (c)(5)(A)-(C) filed 6-25-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 26).
32. Change without regulatory effect amending agency bank account number on form FG OSPR-1972 (incorporated by reference) and amending subsection (a)(2) filed 7-10-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 28).
33. Amendment of subsections (a)(1)-(5), new subsection (a)(6), subsection renumbering, amendment of newly designated subsection (a)(8), new subsection (c)(7), subsection renumbering, amendment of newly designated subsection (c)(8)(A), repealer of newly designated subsection (c)(8)(B) and subsection relettering filed 12-16-2014; operative 4-1-2015 (Register 2014, No. 51).
34. Amendment of section and NOTE filed 9-3-2015 as an emergency; operative 9-3-2015. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2015, No. 36).
35. Amendment of section and NOTE refiled 9-1-2016 as an emergency; operative 9-1-2016. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2016, No. 36).
36. Amendment of section and NOTE refiled 8-7-2017 as an emergency; operative 8-7-2017. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2017, No. 32).
37. Amendment of section and NOTE refiled 7-30-2018 as an emergency, including amendment of subsections (a)(8) and (c)(8)(A); operative 7-30-2018. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2018, No. 31).
38. Certificate of Compliance as to 7-30-2018 order, including amendment of section and NOTE, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).
39. Amendment of subsections (a)(2), (b)(1), (c)(3), (c)(6)-(c)(6)(C), (e)(2) and (g)(1)(A), repealer of subsection (g)(1)(B)1., amendment of subsections (g)(1)(C), (g)(1)(C)5., (g)(1)(C)7. and (j)(1) filed 9-23-2021; operative 10-1-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 39). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
40. Amendment of subsections (h)(1)(A)3., (h)(1)(B)2., (h)(1)(C)2., (h)(1)(E)2. and (j) and repealer of subsections (j)(1)-(3) filed 7-5-2022; operative 10-1-2022 (Register 2022, No. 27).

Note: Authority cited: Sections 8670.7.5, 8670.37.53 and 8670.41, Government Code. Reference: Sections 8670.37.53, 8670.37.54, 8670.37.58 and 8670.41, Government Code.

1. Change without regulatory effect renumbering and amending former section 791 to new section 791.7 filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
2. Change without regulatory effect repealing subsection (e)(2)(B)2. and subsection renumbering filed 7-18-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 29).
3. Change without regulatory effect amending subsections (e)(2)(A)3., (e)(2)(B), (e)(2)(B)2., (e)(2)(C)3. and (e)(2)(D)2. and repealing subsections (e)(2)(B)4.-5. filed 8-3-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 31).
4. Change without regulatory effect amending subsection (a) and adding (a)(1)-(6) designators, amending subsections (d)(1)(A)-(C), and amending forms incorporated by reference at subsections (a)(1), (a)(2), (a)(3) and (a)(4) filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43). FG OSPR Forms 1924 (10/96), 1925 (10/96), 1926 (2/95), 1927 (2/95), 1928 (2/95), 1929 (2/95), 1930 (2/95), 1946 (2/96) and 1947 (8/96), which are incorporated by reference in Section 791.7, were removed from print but are still incorporated.
5. Amendment filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
6. Editorial correction of subsection (a) (Register 98, No. 30).
7. Change without regulatory effect amending subsections (a)(2), (e)(2)(B)1., and (e)(2)(D)1. filed 7-23-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 30).
8. Amendment of section and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
9. Amendment of subsections (a)(1), (d) and (d)(1) and new subsections (d)(1)(D)1. and 2. filed 2-4-2000 as an emergency; operative 2-4-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-5-2000 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 2-4-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31).
11. Amendment of subsection (a)(2), repealer of subsection (d)(1)(A), subsection relettering, amendment of newly designated subsection (d)(1)(B)2., new subsections (d)(1)(C)-(d)(1)(C)8. and repealer and new Note filed 12-21-2000 as an emergency; operative 12-21-2000 (Register 2000, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-20-2001 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsections (a)(2) and (d)-(d)(1), repealer of subsections (d)(1)(A) and (d)(1)(D), subsection relettering, new subsections (d)(1)(C)-(d)(1)(C)8. and repealer and new Note refiled 4-16-2001 as an emergency, including further amendment of subsections (d)(1)(C)2.-5.; operative 4-16-2001 (Register 2001, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-2001 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-16-2001 order, including further amendment of section, transmitted to OAL 8-3-2001 and filed 9-17-2001 (Register 2001, No. 38).
14. Change without regulatory effect amending subsections (d)(1)(C)6. and (d)(1)(C)8. and amending Note filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
15. Change without regulatory effect amending subsections (a)(1)-(2) and (a)(4) filed 7-25-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 30).
16. Amendment of subsections (a)(2) and (c)(5), new subsections (c)(5)(A)-(C), repealer of subsections (d)(1)(B)1. and (d)(1)(C)7., subsection renumbering, redesignation and amendment of portion of subsection (d)(1)(C) as subsection (d)(2), subsection renumbering and amendment of subsection (f)(3) filed 11-21-2002 as an emergency; operative 1-1-2003 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-1-2003 or emergency language will be repealed by operation of law on the following day.
17. Editorial correction of subsection (d)(1)(B)1. (Register 2002, No. 49).
18. Amendment of subsections (a)(2) and (c)(5), new subsections (c)(5)(A)-(C), repealer of subsections (d)(1)(B)1. and (d)(1)(C)7., subsection renumbering, redesignation and amendment of portion of subsection (d)(1)(C) as subsection (d)(2), subsection renumbering and amendment of subsection (f)(3) refiled 4-30-2003 as an emergency; operative 5-2-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 4-30-2003 order, including further amendment of section and Note, transmitted to OAL 5-15-2003 and filed 6-26-2003 (Register 2003, No. 26).
20. Change without regulatory effect amending subsections (a)(1)-(5) and forms OSPR-1924, OSPR-1925, OSPR-1946, OSPR-1947 and OSPR-1972 (incorporated by reference) filed 8-21-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 34).
21. Amendment of subsections (a)(1)-(5) filed 4-17-2006; operative 5-17-2006 (Register 2006, No. 16).
22. Change without regulatory effect amending subsection (a)(2) and form FG OSPR-1972 (incorporated by reference) filed 6-5-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 23).
23. Amendment of subsections (a)(1)-(5), (a)(7) and (c)(7)(A)-(B), new subsections (c)(7)(C)-(D), amendment of subsections (f)(1)-(2) and amendment of Note filed 10-9-2008; operative 11-8-2008 (Register 2008, No. 41).
24. Change without regulatory effect amending subsections (a)(1)-(3) and FG OSPR Forms 1924, 1925 and 1972 (incorporated by reference) filed 3-2-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 10).
25. Amendment of subsections (a)(1)-(4) filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5).
26. Editorial correction of History 25 (Register 2010, No. 6).
27. Amendment of subsections (a), (c)(8)(B), (e)(1), (e)(2)(B)1. and (f)(1)-(2), new subsection (f)(3), subsection renumbering and repealer of subsections (h)-(h)(2) filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
28. Amendment of subsection (a)(2) and form FG OSPR-1972 (incorporated by reference) filed 11-22-2011 as an emergency; operative 1-1-2012 pursuant to Government Code section 11346.1(d) (Register 2011, No. 47). A Certificate of Compliance must be transmitted to OAL by 6-29-2012 or emergency language will be repealed by operation of law on the following day.
29. Amendment of subsections (a) and (a)(7) and repealer of subsections (c)(9)-(c)(9)(C) filed 4-3-2012; operative 5-3-2012 (Register 2012, No. 14).
30. Certificate of Compliance as to 11-22-2011 order transmitted to OAL 3-20-2012 and filed 5-1-2012 (Register 2012, No. 18).
31. Change without regulatory effect amending subsections (c)(5)(A)-(C) filed 6-25-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 26).
32. Change without regulatory effect amending agency bank account number on form FG OSPR-1972 (incorporated by reference) and amending subsection (a)(2) filed 7-10-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 28).
33. Amendment of subsections (a)(1)-(5), new subsection (a)(6), subsection renumbering, amendment of newly designated subsection (a)(8), new subsection (c)(7), subsection renumbering, amendment of newly designated subsection (c)(8)(A), repealer of newly designated subsection (c)(8)(B) and subsection relettering filed 12-16-2014; operative 4/1/2015 (Register 2014, No. 51).
34. Amendment of section and Note filed 9-3-2015 as an emergency; operative 9-3-2015. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2015, No. 36).
35. Amendment of section and Note refiled 9-1-2016 as an emergency; operative 9-1-2016. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2016, No. 36).
36. Amendment of section and Note refiled 8-7-2017 as an emergency; operative 8-7-2017. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2017, No. 32).
37. Amendment of section and Note refiled 7-30-2018 as an emergency, including amendment of subsections (a)(8) and (c)(8)(A); operative 7/30/2018. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2018, No. 31).
38. Certificate of Compliance as to 7-30-2018 order, including amendment of section and Note, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).
39. Amendment of subsections (a)(2), (b)(1), (c)(3), (c)(6)-(c)(6)(C), (e)(2) and (g)(1)(A), repealer of subsection (g)(1)(B)1., amendment of subsections (g)(1)(C), (g)(1)(C)5., (g)(1)(C)7. and (j)(1) filed 9-23-2021; operative 10/1/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 39). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
40. Amendment of subsections (h)(1)(A)3., (h)(1)(B)2., (h)(1)(C)2., (h)(1)(E)2. and (j) and repealer of subsections (j)(1)-(3) filed 7-5-2022; operative 10/1/2022 (Register 2022, No. 27).