§ 4145. Specifications - Developmental Fuels.

(a) Sales of developmental engine fuels authorized by the Department are not subject to restrictions imposed upon the sale of non-conforming fuel products as set forth in Business and Professions Code Sections 13441, 13442 and 13451, but the Department's authorization does not create a variance or waiver from any other applicable California statute or regulation.

(b) An applicant for authorization to sell developmental engine fuel must submit the following information to the Department:

(1) a statement of the potential benefit of the fuel to the people of California; and

(2) a description of test conditions associated with the use of the fuel, including control and monitoring practices, and the method of distribution and storage.

(c) Any authorization provided by the Department is subject to the following terms and conditions:

(1) The authorization is limited to a period of two years, with an automatic renewal for an additional two years in the absence of action to revoke the authorization by the Department. and,

(2) Damages caused by sale, delivery, storage, handling and usage of the fuel shall be addressed in accordance with contractual provisions negotiated and agreed upon by the authorization holder and the user; and,

(3) The authorization holder shall report information to the Department as required to monitor the use of the fuel during the process of developing a generally recognized chemical and performance standard through a recognized consensus organization or standards writing organization, such as ASTM International or SAE International. The Department shall specify the reporting requirements on a case by case basis at the time the authorization is granted.

(4) Any device used for the sale or distribution of a developmental engine fuel must comply with the Business and Professions Code Section § 12500(e).

(d) The Department may take action to revoke the authorization at any time. Revocation of the authorization is effective and final upon receipt of written notification by the authorization holder. The Department may take action to revoke the authorization if the Department finds:

(1) the authorization holder has violated any of the terms and conditions of the authorization; or,

(2) the authorization holder has abandoned efforts to develop a generally recognized chemical and performance standard for the fuel through a recognized consensus organization or standards writing organization.

(3) there is a high probability of equipment harm with the continued use of the developmental fuel or to protect the public safety.

(e) The authorization shall cease to exist upon publication of a generally recognized chemical and performance standard for the fuel.

HISTORY

1. New section filed 4-22-2004; operative 5-22-2004 (Register 2004, No. 17).

2. Renumbering of former section 4145 to section 4146 and renumbering and amendment of section 4144 to section 4145 filed 1-24-2011; operative 2-23-2011 (Register 2011, No. 4).

3. Editorial correction of History 2 (Register 2011, No. 6).

Note

Note: Authority cited: Sections 12027 and 13405, Business and Professions Code. Reference: Sections 13401, 13440-13443 and 13450-13451, Business and Professions Code.