Section 1765.1 - Definitions(a) For the purpose of this article, "area" means surface area, and all measurement of distances is on the surface of the land.(b) For the purpose of this article, "Health Protection Zone" means the area within 3,200 feet of a sensitive receptor. The measurement shall be made from the property line of the receptor unless the receptor building is more than 50 feet set back from the property line, in which case the measurement shall be made from the outline of the building footprint to 3,200 feet in all directions.(c) For the purposes of this article, a "sensitive receptor" means any of the following: (1) A residence, including a private home, condominium, apartment, and living quarter.(2) An education resource, including a preschool, school maintaining transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, daycare center, park, playground, university, and college. Where a university or college is the only sensitive receptor within 3,200 feet of the operator's wellheads or production facilities, the university or college is not a sensitive receptor if the operator demonstrates to the Division's satisfaction that no building with nominal daily occupancy on the university or college campus is located within 3,200 feet of the operator's wellheads or production facilities.(3) A community resource center, including a youth center.(4) A health care facility, including a hospital, retirement home, and nursing home.(5) Live-in housing, including a long-term care hospital, hospice, prison, detention center, and dormitory.(6) Any building housing a business that is open to the public.(d) A park is an education resource for purposes of subdivision (c) if it is an area that is open to the public for outdoor recreation that is at least partially within one-quarter mile of a residence or another education resource. Only the portion of a park that is within one-quarter mile of a residence or another education resource shall be considered a sensitive receptor.(e) If a building is open to the public, then for purposes of subdivision (c) it is either a business that is open to the public or it is a community resource center. A building is open to the public if visitors are regularly permitted on the premises who are not the owner of the building or a tenant of the building and are not employees, contractors, or service providers of the owner of the building or of a tenant of the building.Cal. Code Regs. Tit. 14, § 1765.1
Note: Authority cited: Sections 3013, 3106 and 3288, Public Resources Code. Reference: Sections 3011, 3106 and 3280, Public Resources Code.
Note: Authority cited: Sections 3013, 3106 and 3288, Public Resources Code. Reference: Sections 3011, 3106 and 3280, Public Resources Code.
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.