Article 2. Definitions of California Government Code >> Division 3. >> Title 2. >> Part 1. >> Chapter 3.5. >> Article 2.

Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.

"Agency" means state agency.

"Building standard" has the same meaning provided in Section 18909 of the Health and Safety Code.

"Cost impact" means the amount of reasonable range of direct costs, or a description of the type and extent of direct costs, that a representative private person or business necessarily incurs in reasonable compliance with the proposed action.

"Director" means the director of the office.

"Emergency" means a situation that calls for immediate action to avoid serious harm to the public peace, health, safety, or general welfare.

"Major regulation" means any proposed adoption, amendment, or repeal of a regulation subject to review by the Office of Administrative Law pursuant to Article 6 (commencing with Section 11349) that will have an economic impact on California business enterprises and individuals in an amount exceeding fifty million dollars ($50,000,000), as estimated by the agency.

"Office" means the Office of Administrative Law.

"Order of repeal" means any resolution, order, or other official act of a state agency that expressly repeals a regulation in whole or in part.

"Performance standard" means a regulation that describes an objective with the criteria stated for achieving the objective.

"Plain English" means language that satisfies the standard of clarity provided in Section 11349.

"Prescriptive standard" means a regulation that specifies the sole means of compliance with a performance standard by specific actions, measurements, or other quantifiable means.

"Proposed action" means the regulatory action, notice of which is submitted to the office for publication in the California Regulatory Notice Register.

"Regulation" means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure.

(a) "Small business" means a business activity in agriculture, general construction, special trade construction, retail trade, wholesale trade, services, transportation and warehousing, manufacturing, generation and transmission of electric power, or a health care facility, unless excluded in subdivision (b), that is both of the following:
  (1) Independently owned and operated.
  (2) Not dominant in its field of operation.
  (b) "Small business" does not include the following professional and business activities:
  (1) A financial institution including a bank, a trust, a savings and loan association, a thrift institution, a consumer finance company, a commercial finance company, an industrial finance company, a credit union, a mortgage and investment banker, a securities broker-dealer, or an investment adviser.
  (2) An insurance company, either stock or mutual.
  (3) A mineral, oil, or gas broker.
  (4) A subdivider or developer.
  (5) A landscape architect, an architect, or a building designer.
  (6) An entity organized as a nonprofit institution.
  (7) An entertainment activity or production, including a motion picture, a stage performance, a television or radio station, or a production company.
  (8) A utility, a water company, or a power transmission company generating and transmitting more than 4.5 million kilowatt hours annually.
  (9) A petroleum producer, a natural gas producer, a refiner, or a pipeline.
  (10) A manufacturing enterprise exceeding 250 employees.
  (11) A health care facility exceeding 150 beds or one million five hundred thousand dollars ($1,500,000) in annual gross receipts.
  (c) "Small business" does not include the following business activities:
  (1) Agriculture, where the annual gross receipts exceed one million dollars ($1,000,000).
  (2) General construction, where the annual gross receipts exceed nine million five hundred thousand dollars ($9,500,000).
  (3) Special trade construction, where the annual gross receipts exceed five million dollars ($5,000,000).
  (4) Retail trade, where the annual gross receipts exceed two million dollars ($2,000,000).
  (5) Wholesale trade, where the annual gross receipts exceed nine million five hundred thousand dollars ($9,500,000).
  (6) Services, where the annual gross receipts exceed two million dollars ($2,000,000).
  (7) Transportation and warehousing, where the annual gross receipts exceed one million five hundred thousand dollars ($1,500,000).