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Maxine and John Ferraiolo -2- JAN 15 2009 Claim No. 15094 principal office outside of the state is a "small business" if the business otherwise fits the definition set forth in section 14837, subdivision.(d). Section 25299.52(b) of the H&SC states, in part, that the board shall pay claims in accordance with the following order of priority: (1) [Residential tank owners]. (2) Owners and operators of tanks that are either of the following: (A)An owner or operator of a tank that is a small business, by meeting the requirements of subdivision (d) of Section 14837 of the Government Code. An owner or operator that meets that definition of small business, but who is domiciled or has its principal office outside of the state, shall be classified in this category if the owner or operator otherwise meets the requirements of subdivision (d) of Section 14837 of the Government Code with regard to the number of employees and the total annual revenues received. (B)An owner or operator that is a city, county, district, or nonprofit organization that receives total annual revenues of not more than seven million dollars ($7,000,000). In determining the amount of a non-profit organization's annual revenues, the board shall calculate only those revenues directly attributable to the particular site at which the tank or tanks for which the claim is submitted are located. . . . Government Code section 14837(d) defines "small business," in relevant part, as: (d)(1) "Small business" means an independently owned and operated business that is not dominant in its field of operation, and that, together with affiliates, has 100 or fewer employees, and average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or is a manufacturer, as defined in subdivision (c), with 100 or fewer employees. Regulations implementing Government Code Section 14837(d) establish current small business standards, as authorized by that subdivision. Section 1896.12, Title 2 of the Fund Regulations describes the current qualifying criteria for small business certification as follows: 1896.12(a) To be eligible for certification as a small business, a business must meet all of the following qualifying criteria: (1) It is independently owned and operated; and (2) . . . [business location requirement not relevant for Fund purposes] (3) . . . [business owners' domicile requirement not relevant for Fund purposes] California En vironmenlalProlectiorr flgency �.a RecycledPoper