§ 15210. Single Fee System.

(a) Each CUPA shall implement a single fee system within its jurisdiction. The single fee system will do the following:

(1) Consolidates all fees currently mandated in statute and regulation used for local implementation of the Unified Program.

(2) Consolidates any other fees levied by a local agency specifically to fund their implementation of the programs specified in Health and Safety Code section 25404(c).

(b) The single fee system may be used to charge fees for programs that are not listed as Unified Program elements in Health and Safety Code section 25404.5(c), if those programs are incorporated into the Unified Program.

(c) The single fee system may reflect variations in cost to implement and maintain programs for different regulated businesses.

(1) Fee schedules shall be based on factors associated with the cost of implementing and maintaining programs.

(2) Fees may differ from one jurisdiction to the next, based on the necessary and reasonable costs to implement the Unified Program.

(3) The fee schedule may be adjusted by the CUPA to reflect changes in reasonable and necessary costs.

(d) Provided the single fee system meets the minimum requirements of the law, a CUPA or a PA has the authority to determine the level of service it will provide and to set its fees to fund the necessary and reasonable costs of its program.

(e) Each PA shall notify the CUPA of its program costs.

(f) The CUPA shall ensure that all funds collected on behalf of the PA are forwarded to the PA.

(1) The CUPA shall pay the PA within 45 days of receiving fees designated for the PA unless the PA and CUPA agree in writing to an alternate schedule.

(g) Each billing statement shall itemize the fees by program element, if those fee elements are calculated separately.

(h) Fees for non-recurring activities of the CUPA or PA such as, but not limited to, the fee for an initial permit or special inspection, may be billed separately from the single fee billing.

(i) The governing body of the CUPA shall establish the fee schedule for businesses regulated under the Unified Program. The governing body of the CUPA shall utilize the fee schedules established by the PAs and authorize the collection of those fees.

(j) The CUPA or PA shall make fees schedules available to interested parties upon request.

(k) The CUPA shall prepare and implement a plan to resolve fee disputes that arise between the CUPA and PAs, between a regulated business and either the PA or the CUPA, or between a regulated business and the state regarding the state surcharge.

(1) The CUPA shall attempt to resolve disputes involving the surcharge in the same manner used to resolve local fee disputes. Those disputes regarding the state surcharge that cannot be resolved locally may be referred to the Secretary for resolution.

(A) Disputes referred to the Secretary shall be in writing and shall include a recommendation for resolution.

(l) The single fee system shall include mechanisms for the billing, collection, and transmittal of the state surcharge.

(1) The CUPA may show the state surcharge as a separate item or items within the single fee billing.

HISTORY

1. New section filed 11-14-94 as an emergency; operative 11-14-94 (Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-4-95 or emergency language will be repealed by operation of law on the following day.

4. New section refiled 11-3-95 as an emergency; operative 11-3-95 (Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 or emergency language will be repealed by operation of law on the following day.

5. Certificate of compliance as to 11-14-94 order including amendment of subsections (a), (a)(1), (a)(2)(B), (a)(3), (a)(4), (a)(5), new subsection (a)(7) and renumbering of former subsection (a)(7) to (a)(8), repealer of former subsections (a)(8)-(a)(8)(B) and (a)(10), amendment of subsections (b) and (b)(1)(F), repealer of subsection (c)(1)-(c)(3)(D), new subsections (c)(1)-(2), redesignation of subsections (c)(4)-(c)(4)(c) to (d)-(d)(3), and amendment of newly designated subsections (d)(1)-(d)(2) transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).

6. Amendment of section heading and section, including renumbering of former subsections (b)-(b)(2) to section 15220 filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).

7. Change without regulatory effect amending subsections (d)-(f)(1) and (h)-(k) filed 3-21-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 12).

8. Amendment of subsections (i) and (k) filed 12-17-2013; operative 12-17-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).

Note

Note: Authority cited: Sections 25404, 25404(b), 25404.5, 25404.5(b) and (c) and 25404.6(c), Health and Safety Code. Reference: Sections 25404.1(a)(1), 25404.4 and 25404.5, Health and Safety Code.