§ 15240. State's Surcharge Responsibilities.

(a) The Secretary shall determine the annual surcharge based on the assumptions, calculations, and supporting data that justify the reasonable and necessary costs of CUPA oversight and program element management by state agencies with responsibilities under the Unified Program.

(1) The Secretary shall determine the amount of each surcharge component based upon information received from each state agency responsible for activities under Health and Safety Code division 20, chapter 6.11.

(2) Each state agency responsible for activities under Health and Safety Code division 20, chapter 6.11 shall submit to the Secretary, on a date specified by the Secretary, its projected reasonable and necessary costs, including the detailed supporting information to carry out responsibilities under Health and Safety Code division 20, chapter 6.11.

(3) Reasonable and necessary costs shall include but are not limited to, the costs of bad debts, and uncollected fees.

(b) The Secretary shall review annually, and revise if necessary, the state surcharge to be assessed on regulated businesses. The state surcharge shall not be revised more than once per year.

(c) The Secretary shall determine the amount of state surcharge to be assessed on each person regulated by the Unified Program in order to cover the necessary and reasonable costs of the state agencies in carrying out their responsibilities under Health and Safety Code division 20, chapter 6.11, pursuant to Health and Safety Code section 25404.5(b)(1). The state surcharge consists of the following components:

(1) A component for oversight of each CUPA assessed on all regulated businesses.

(2) A component assessed on regulated businesses for each UST, that meets the criteria of Health and Safety Code section 25281(y)(1).

(3) A component assessed on regulated businesses under the Health and Safety Code section 25531 et seq., the CalARP program.

(A) This CalARP surcharge component is assessed on a single company or business within a CUPA's jurisdiction, regardless of the business's number of stationary sources.

(B) A regulated business is not required to pay the CalARP surcharge component at a stationary source if a CUPA makes a determination that there is not a significant likelihood of a regulated substances accident risk and does not require the preparation and submission of a risk management plan at that stationary source operated by that business in the CUPA's jurisdiction, pursuant to Health and Safety Code section 25534.

(C) This CalARP surcharge component waiver is effective starting in the following fiscal year after the determination is made by the CUPA. If subsequent changes lead to a redetermination and a requirement by the CUPA to prepare and submit any risk management plan at any of the business's stationary source(s), then this surcharge component will be assessed beginning in the following fiscal year.

(4) A component assessed on businesses regulated under the Health and Safety Code section 25270 et. seq., the Aboveground Petroleum Storage Act.

(d) The Secretary shall publish the amendments to the state surcharge in the California Regulatory Notice Register and accept comments on the proposed surcharge for 30 days.

(e) Following the 30-day comment period required in subdivision (d) for this section, the Secretary will publish the final surcharge in the California Regulatory Notice Register.

(f) Sixty days following the publishing of the final surcharge in the California Regulatory Notice Register, the CUPAs shall be responsible for collecting the new surcharge as part of their single fee system.

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 repealer of subsections (a)-(e) and new subsections (a)-(e) transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).

6. Amendment of subsections (c)(1) and (c)(1)(A), new subsections (c)(4) and (c)(4)(A), and amendment of Note filed 9-11-97 as an emergency; operative 9-11-97 (Register 97, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-9-98 or emergency language will be repealed by operation of law on the following day.

7. Editorial correction of History 6 (Register 98, No. 3).

8. Amendment of subsections (c)(1) and (c)(1)(A), new subsections (c)(4) and (c)(4)(A), and amendment of Note refiled 1-16-98; including additional amendment of subsections (c)(4) and (c)(4)(A); operative 1-16-98 (Register 98, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-20-98 or emergency language will be repealed by operation of law on the following day.

9. Amendment of subsections (c)(1) and (c)(1)(A), new subsections (c)(4) and (c)(4)(A), and amendment of Note refiled 5-18-98; operative 5-18-98 (Register 98, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-15-98 or emergency language will be repealed by operated of law on the following day.

10. Reinstatement of section as it existed prior to 9-11-97 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 38).

11. Amendment of subsections (c)(1)-(c)(1)(A), repealer of subsections (c)(3)-(c)(3)(B), new subsections (c)(3)-(c)(3)(A) and amendment of Note filed 9-16-98 as an emergency; operative 9-16-98 (Register 98, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-14-99 or emergency language will be repealed by operation of law on the following day.

12. Amendment of section and Note filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day.

13. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and filed 5-14-99 (Register 99, No. 20).

14. Amendment of subsections (c)(1) and (c)(1)(A) filed 8-31-99 as an emergency; operative 8-31-99 (Register 99, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-29-99 or emergency language will be repealed by operation of law on the following day.

15. Amendment of subsections (c)(1) and (c)(1)(A) refiled 12-24-99 as an emergency; operative 12-24-99 (Register 99, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-24-2000 or emergency language will be repealed by operation of law on the following day.

16. Reinstatement of section as it existed prior to 8-31-99 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 25).

17. Amendment of section and Note filed 11-1-2000 as an emergency; operative 11-1-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2001 or emergency language will be repealed by operation of law on the following day.

18. Reinstatement of section as it existed prior to 11-1-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2001, No. 10).

19. Amendment of section and Note filed 3-8-2001 as an emergency; operative 3-8-2001 (Register 2001, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-2001 or emergency language will be repealed by operation of law on the following day.

20. Amendment of section and Note refiled 6-25-2001 as an emergency; operative 6-25-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-23-2001 or emergency language will be repealed by operation of law on the following day.

21. Amendment of section and Note refiled 10-22-2001 as an emergency; operative 10-24-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-21-2002 or emergency language will be repealed by operation of law on the following day.

22. Certificate of Compliance as to 10-22-2001 order, including amendment of section, transmitted to OAL 2-4-2002 and filed 3-5-2002 (Register 2002, No. 10).

23. Amendment of section heading and section filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).

24. Change without regulatory effect amending subsection (b) filed 3-21-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 12).

25. New subsection (c)(4) 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(b) and (d), 25404.6(c) and 25531.2, Health and Safety Code. Reference: Sections 25404.5(b) and (d) and 25534, Health and Safety Code.