Section 22200 - CIWMB-Definitions. (T14:Section 18281)When used in this Chapter, the following terms shall have the meanings given below:
(a) "Accidental occurrence" means an event, including pollution exposures, which occurs during the operation of a disposal facility prior to closure, that results in bodily injury and/or property damage, and includes continuous or repeated exposure to conditions, neither expected nor intended from the standpoint of the facility operator.(b) "Admitted carrier" means an insurance company entitled to transact the business of insurance in this state, having complied with the laws imposing conditions precedent to transactions of such business.(c) "Annual capacity filled" means the portion of a solid waste landfill's total permitted capacity that was filled during the following period: (1) From August 18, 1989 until 60 days prior to the anniversary date of the establishment of a trust fund or an enterprise fund; and(2) From 60 days prior to each anniversary date of the establishment of a trust fund or an enterprise fund that occurs before the subsequent anniversary date.(d) "Assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.(e) "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment," as defined in (dd).(f) "Bodily injury" means any injury to the body, sickness or disease sustained by a person, including death resulting from any of these at any time. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury." "Bodily injury" excludes:
(1) "Bodily injury" expected or intended from the standpoint of the operator. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property.(2) "Bodily injury" for which the operator is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the operator would have in the absence of the contract or agreement.(3) Any obligation of the operator under a workers compensation, disability benefits or unemployment compensation law or any similar law.(4) "Bodily injury" to: (A) An employee of the operator arising out of and in the course of employment by the operator; or(B) The spouse, child, parent, brother or sister of that employee as a consequence of ¶(A) above. This exclusion applies:
1. Whether the operator may be liable as an employer or in any other capacity; and2. To any obligation to share damages with or repay someone else who must pay damages because or the injury.(5) "Bodily injury" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any operator. Use includes operation and loading or unloading. This exclusion does not apply to: (A) Parking an "auto" on, or on the ways next to, premises the operator owns or rents, provided the "auto" is not owned by or rented or loaned to the operator;(B) "Bodily injury" arising out of the operation of any of the equipment listed in ¶(6)(A) or ¶(6)(B) of the definition of "mobile equipment", found in ¶(aa) below.(g) "Captive Insurance Company" means an insurance carrier established by a solid waste facility operator to meet the financial assurance obligations of the operator.(h) "Cash plus marketable securities" means all the cash plus marketable securities held by the local government on the last day of the fiscal year, excluding cash and marketable securities designated to satisfy past obligations such as pensions. Cash plus marketable securities form the numerator of the liquidity ratio. (1) Cash and cash equivalents means bank deposits, very short-term debt securities, and money market funds.(2) Marketable securities means interest or dividend bearing securities in the General Fund, Special Revenue Funds, Debt Service Fund, Enterprise Funds and Internal Service Funds, as reported on the comprehensive annual financial report's (CAFR's) Combined Balance Sheet and that are expected to be held for less than one year.(3) Excluded from this definition are accounts receivable, retirement assets, real property, fixed assets, and other non-current assets, as well as any assets (including cash) in Capital Projects Funds.(i) "Comprehensive Annual Financial Report (CAFR)" means annual financial report prepared by local governments.(j) "Cumulative capacity filled" means the sum of the annual capacities filled since August 18, 1989.(k) "Current assets" means cash or other assets or resources commonly identified as those that are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.(l) "Current closure cost estimate" means the most recent of the estimates prepared in accordance with § 21820.(m) "Current liabilities" means obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.(n) "Current postclosure cost estimate" means the most recent of the estimates prepared in accordance with § 21840.(o) "Debt service" means the amount of principal and interest due on a loan in the latest completed fiscal year. Annual debt service is the numerator of the debt service ratio. The debt service ratio provides an indicator of ability to meet financial obligations in a timely manner.(1) Sum of amounts in any debt service category including bond principal, other debt principal, interest on bonds, interest on other debt in the General Fund, Special Revenue Funds, Debt Service Fund, and Capital Projects Funds.(2) Debt service amounts are reported in the comprehensive annual financial report's (CAFR's) Combined Statement of Revenues, Expenditures and Changes in Fund Balances/Equity.(3) Interest expense in Enterprise Funds and Internal Service Funds are reported on comprehensive annual financial report's (CAFR's) Combined Statement of Revenues, Expenses and Changes in Retained Earnings/Fund Balances.(p) "Enterprise fund" means a fund meeting the requirements of § 22241, of Article 2, of Subchapter 3, of this Chapter, that is established to account for the financing of self- supporting activities of a government unit that renders services on a user-fee basis.(q) "Excess coverage" means assurance for third party bodily injury and property damage costs that are above a specified level (i.e., above the primary coverage level or a limit of lower excess coverage) but up to a specified limit.(r) "Federal entity" means the United States Government, or any department, agency, or instrumentality thereof.(s) "Financial means test" means the financial assurance mechanism specified in § 22246 of Article 2 of Subchapter 3 of this Chapter by which an operator demonstrates his or her ability to pay third party claims for bodily injury and property damage caused by accidental occurrences and/or to pay future postclosure maintenance costs by satisfying the prescribed set of financial criteria.(t) "Financial reporting year" means the twelve-month period for which financial statements that are used to support the financial means test are prepared.(u) "Fully funded" means the value of a closure and/or postclosure maintenance and/or corrective action fund is equal to, or greater than, the total current closure and/or postclosure maintenance and/or corrective action cost estimate(s) for the facility(ies) covered.(v) "Government securities" means financial obligations meeting the requirements of § 22242 of Article 2 of Subchapter 3 of this Chapter that are issued by a federal, state, or local government, including but not limited to, general obligation bonds, revenue bonds, and certificates of participation.(w) "Guarantee" means a contract meeting the requirements of § 22247, of Article 2 of Subchapter 3 of this Chapter, by which a guarantor promises that, if the operator fails to perform postclosure maintenance, or to adequately compensate legitimate third party claimants for bodily injury and/or property damage caused by an accidental occurrence, the guarantor will perform postclosure maintenance, compensate the third party for damages, or will establish and fund a trust fund in the name of the operator to pay for such activities.(x) "Guarantor" means a parent corporation, or a corporation with a substantial business relationship to the operator who guarantees payment of a present or future obligation(s) of an operator.(y) "Insurance" means a contract meeting the requirements of § 22248 or § 22251 of Article 2 of Subchapter 3 of this Chapter by which an insurer promises to pay for closure, postclosure maintenance or corrective action, or a claim by a third party for bodily injury and property damage caused by an accidental occurrence.(z) "Legal defense costs" means expenses that an operator or a provider of financial assurance incurs in defending claims brought: (1) By or on behalf of a third party for bodily injury and/or property damage caused by an accidental occurrence; or(2) By any person to enforce the terms of a financial assurance mechanism.(aa) "Letter of credit" means a contract meeting the requirements of § 22243, of Article 2 of Subchapter 3 of this Chapter, by which the issuing institution promises to extend credit on behalf of an operator to the CIWMB upon the presentation of the mechanism in accordance with its terms.(bb) "Liabilities" means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future, as a result of past transactions or events.(cc) "Minimum fund balance" means the required minimum balance maintained in a trust fund or enterprise fund in compliance with the formula(s) in § 22225 or § 22226 of Article 1 of Subchapter 3 of this Chapter.(dd) "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: (1) Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;(2) Vehicles maintained for use solely on or next to premises the operator owns or rents;(3) Vehicles that travel on crawler treads;(4) Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:(A) Power cranes, shovels, loaders, diggers or drills; or(B) Road construction or resurfacing equipment such as graders, scrapers or rollers;(5) Vehicles not described in ¶¶(1), (2), (3) or (4) above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:(A) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or(B) Cherry pickers and similar devices used to raise or lower workers;(6) Vehicles not described in ¶¶(1), (2), (3) or (4) above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (A) Equipment designed primarily for: 2. Road maintenance, but not construction or resurfacing;(B) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and(C) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.(ee) "Net working capital" means current assets minus current liabilities.(ff) "Net worth" means total assets minus total liabilities and is equivalent to owner's equity.(gg) "Operating deficit" means total expenditures minus total revenues.(hh) "Parent corporation" means a corporation that owns directly or through its subsidiaries at least 50 percent of the voting stock of another corporation.(jj) "Pledge of revenue" means a financial assurance mechanism meeting the requirements of § 22245, of Article 2 of Subchapter 3 of this Chapter, by which a government unit promises to make specific, identified future revenue available to pay future postclosure maintenance costs.(kk) "Primary coverage" means the first priority coverage for third party bodily injury and property damage costs, and closure and/or postclosure maintenance costs, up to a specified limit when used in combination with other coverage.(ll) "Property damage" means physical injury to tangible property, including all resulting loss of use of that property, or loss of use of tangible property that is not physically injured. "Property damage" excludes: (1) "Property damage" expected or intended from the standpoint of the operator.(2) "Property damage" for which the operator is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the operator would have in the absence of the contract or agreement.(3) An obligation of the operator under a workers' compensation, disability benefits, or unemployment compensation law or similar law.(4) "Property damages" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any operator. Use includes operation and loading and unloading. This exclusion does not apply to: (A) Parking an "auto" on, or on the ways next to, premises the operator owns or rents, provided the "auto" is not owned by or rented or loaned to the operator;(B) "Property damage" arising out of the operation of any of the equipment listed in ¶(6)(A) or ¶(6)(B) of the definition of "mobile equipment," found in § (dd) above.(5) "Property damage" to: (A) Any property owned, rented, or occupied by the operator;(B) Premises that are sold, given away, or abandoned by the operator if the "property damage" arises out of any part of those premises;(C) Property loaned to the operator;(D) Personal property in the care, custody, or control of the operator; and(E) That particular part of real property on which the operator or any contractors or subcontractors working directly or indirectly on behalf of the operator are performing operations, if the "property damage" arises out of those operations, or(F) That particular part of any property that must be restored, repaired or replaced because the operator's work was incorrectly performed on it.(mm) "Provider of financial assurance" means an entity, other than the operator of a disposal facility, that provides financial assurance to the operator including, but not limited to, a trustee, an institution issuing a letter of credit, a surety company, an insurer, a guarantor, or an institution providing a financial assurance mechanism used in conjunction with an enterprise fund, government securities, or pledge of revenue.(nn) "Remaining cost estimate" means the value remaining when the current value of a closure and/or postclosure maintenance fund is subtracted from the current closure and/or postclosure maintenance cost estimate(s).(oo) "Remaining permitted capacity" means the total permitted capacity at the disposal facility less the cumulative capacity filled at the disposal facility since August 18, 1989.(pp) "Substantial business relationship" means a business relationship that arises from a pattern of recent or ongoing business transactions.(qq) "Surety bond" means a contract meeting the requirements of § 22244, of Article 2, of Subchapter 3, of this Chapter, by which a surety company promises that, if the operator fails to perform required closure and/or postclosure maintenance and/or corrective action, the surety company will be liable for the operator's responsibilities as specified by the bond.(rr) "Tangible net worth" means the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties.(ss) "Total expenditures" means the sum of the six items listed in subsections (1) and (2) below. (1) Items 1-3 reported on the comprehensive annual financial report's (CAFR's) Combined Statement of Revenues, Expenses and Changes in Fund Balances/Equity:(A) Total Expenditures of the General Fund.(B) Total Expenditures of Special Revenue Funds.(C) Total Expenditures of the Debt Service Fund.(2) Items 4-6 reported on the comprehensive annual financial report's (CAFR's) Combined Statement of Revenues, Expenses and Changes in Retained Earnings/Fund Balances: (A) Total Operating Expenses Before Depreciation of Enterprise Funds(B) If negative, Total Non-Operating Revenues (Net) of Enterprise Funds.(C) If negative, Total Non-Operating Revenues (Net) of Internal Service Funds.(3) Total expenditures is used in the liquidity and debt service ratios, and operating deficit limit.(4) Include routine capital outlays that are accounted for in the General Fund, e.g. outlays for police vehicles, copy equipment; any capital outlays that are funded on a "pay-as-you-go" basis.(5) Exclude non-routine capital outlays, which are generally accounted for in Capital Projects Funds.(tt) "Total permitted capacity" means the capacity approved by the disposal facility permit, including any changes in capacity approved by a new permit or a permit modification; but excluding any capacity filled prior to August 18, 1989.(uu) "Total revenues" means the sum of the seven items listed in subsections (1) and (2) below, and is used in the calculation of costs which can be assured by the local government financial test.(1) Items 1-4 reported on the comprehensive annual financial report's (CAFR's) Combined Statement of Revenues, Expenses and Changes in Fund Balances/Equity: (A) Total Revenues of the General Fund.(B) Total Revenues of Special Revenue Funds.(C) Total Revenues of the Debt Service Fund.(D) Total Revenues of Capital Projects Funds.(2) Items 5-7 reported on the comprehensive annual financial report's (CAFR's) Combined Statement of Revenues, Expenses and Changes in Retaining Earnings/Fund Balances: (A) Total Operating Revenues of Enterprise Funds.(B) If positive, Total Non-Operating Revenues (Net) of Enterprise Funds.(C) If positive, Total Non-Operating Revenues (Net) of Internal Service Funds.(3) Total revenues is used in calculation of operating deficit and the limit on costs.(vv) "Trust fund" means a contract meeting the requirements of § 22240, of Article 2, of Subchapter 3 of this Chapter, by which the operator transfers assets to a trustee to hold on behalf of the CIWMB or its designee to pay closure costs and/or postclosure maintenance costs and/or corrective action costs and/or third party operating liability claims.Cal. Code Regs. Tit. 27, § 22200
1. New subchapter 1 (section 22200) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. New subsections (g)-(g)(3), (h), (n)-(n)(3), (ff), (rr)-(rr)(5) and (tt)-(tt)(3), subsection relettering, and amendment of NOTE filed 11-23-98; operative 12-23-98 (Register 98, No. 48).
3. Amendment of subsection (e), new subsection (g), subsection relettering, and amendment of newly designated subsection (ll)(4)(B) filed 5-9-2002; operative 6-8-2002 (Register 2002, No. 19). Note: Authority cited: Sections 40502, 43040 and 43601.5, Public Resources Code. Reference: Sections 43040, 43103 and 43500- 43610.1, Public Resources Code; Part 258.74(f) and (h), Title 40, Code of Federal Regulations.
1. New subchapter 1 (section 22200) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. New subsections (g)-(g)(3), (h), (n)-(n)(3), (ff), (rr)-(rr)(5) and (tt)-(tt)(3), subsection relettering, and amendment of Note filed 11-23-98; operative 12-23-98 (Register 98, No. 48).
3. Amendment of subsection (e), new subsection (g), subsection relettering, and amendment of newly designated subsection ( ll)(4)(B) filed 5-9-2002; operative 6-8-2002 (Register 2002, No. 19).