§ 15250. Cupa Surcharge Responsibilities.

(a) The CUPA shall collect the surcharge for all program elements within its Unified Program as part of their single fee system

(1) Willful or negligent failure to collect the surcharge may be a basis for withdrawing the CUPA's certification.

(2) The CUPA shall begin assessing the surcharge within its first billing cycle or within 12 months after the effective date of certification, whichever is shorter. The full surcharge will be assessed and collected within 12 months of the effective date of certification and every 12 months thereafter.

(3) The CUPA may waive the state surcharge for specific regulated businesses provided that the criteria for waiving the state surcharge meets the same standards as those established by the CUPA for waiving the single fee.

(A) The state surcharge may not be waived for any regulated business so long as the regulated business is assessed a fee under the single fee system.

(i) The Secretary may revoke the CUPA's authority to waive state surcharge fees if it is determined that the CUPA consistently does not make a reasonable, good faith effort to protect the state's interests or is not following the established criteria for waiving the state surcharge.

(B) Notwithstanding the provisions of sections 15241 and 15242, if a CUPA prorates their fees for regulated business in operation for part of a year, the applicable surcharge components may be prorated at the same rate.

(b) Remittance to the Secretary.

(1) The CUPA shall transmit all collected state surcharge revenues to the Secretary quarterly, within 30 days of the end of each state fiscal quarter.

(A) With each surcharge transmittal the CUPA shall separately report the amount of surcharge revenues collected for: CUPA oversight, regulated UST's, and the CalARP Program.

(B) Failure to transmit the surcharge after collection may be a basis for withdrawing the CUPA's certification.

(C) Remit the collected state surcharge revenues with a completed copy of the Surcharge Transmittal Report to:

AIR RESOURCES BOARD

ATTN: ACCOUNTING

P.O. BOX 1436

SACRAMENTO, CALIFORNIA 95812

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 A Certificate of Compliance must be transmitted to OAL by 3-20-95 or emergency language will be repealed by operation of law on the following day.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 subsection (a)(1), repealer of subsection (a)(1)(A), amendment of subsections (a)(3)-(4), (a)(6), new subsections (a)(7)-(8), amendment of subsections (b)(1), (c)(1)-(2) and (d)(1)(B) transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).

6. Change without regulatory effect adding subsection (b)(1)(C) filed 5-28-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 22).

7. Amendment of subsections (a)(7), (b)(1), (b)(1)(A), (b)(1)(C), (c)(1), (c)(2) and (d)(1)(A) and new subsection (c)(3) 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.

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

9. Change without regulatory effect amending subsection (b)(1)(C) filed 7-11-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 28).

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

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

12. Amendment of subsection (b)(1)(C) 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) and 25404.6(c), Health and Safety Code. Reference: Sections 25404.5(a)(1), (2) and (4) and 25404.5(b), Health and Safety Code.