1. (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. (1) The Secretary shall determine the amount of each surcharge component based upon information received from each state agency responsible for activities under HSC Division 20, Chapter 6.11.
   2. (2) Each state agency responsible for activities under HSC 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 HSC Division 20, Chapter 6.11.
   3. (3) Reasonable and necessary costs shall include but are not limited to, the costs of bad debts, and uncollected fees.
2. (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 fiscal year.

3. (c) The Secretary shall determine the amount of state surcharge to be assessed on each regulated business regulated by the Unified Program in order to cover the necessary and reasonable costs to state agencies of carrying out responsibilities under HSC Division 20, Chapter 6.11, pursuant to HSC Section 25404.5(b)(1). The state surcharge consists of the following components:

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

      1. (A) CalEPA concerning the administration of the Unified Program, CERS, and the HMRRP and Inventories Program;
      2. (B) DTSC concerning the Hazardous Waste and Hazardous Waste Treatment Program; and
      3. (C) OSFM concerning applicable California Fire Code regulations.
   2. (2) A surcharge component assessed on regulated businesses for each UST that meets the criteria of HSC Section 25281(y)(1).

   3. (3) A surcharge component assessed on regulated businesses under HSC Chapter 6.95, Article 2, for the CalARP Program.

      1. (A) One CalARP Program surcharge component is assessed on a regulated business, regardless of the number of stationary sources.

      2. (B) A regulated business is not required to pay the CalARP Program surcharge component if a CUPA makes the determination that:

         1. (i) There is not a significant likelihood of a regulated substances accident risk; and
         2. (ii) The preparation and submission of a risk management plan at that stationary source operated by that regulated business is not required, pursuant to HSC Section 25534.
      3. (C) The CalARP Program 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 for the regulated business to prepare and submit any risk management plan at any of the business's stationary source(s), then the CalARP Program surcharge component will be assessed beginning in the following fiscal year.
   4. (4) A surcharge component assessed on regulated businesses under HSC Division 20, Chapter 6.67, for the APSA Program.
   5. (5) A surcharge component assessed on petroleum refineries, as defined in 19 CCR, Section 2735.3(vv) for refinery safety.
4. (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.
5. (e) Following the 30-day comment period required in subdivision (d), the Secretary will publish the final surcharge in the California Regulatory Notice Register.
6. (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.

Note: Authority cited: Sections 25404(b), 25404(d), 25404.6(c) and 25531.2, Health and Safety Code. Reference: Sections 25404.5(b), 25404.5(d) and 25534, Health and Safety Code.

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).

26. Amendment of subsections (a)(1)-(2), (b), (c) and (c)(2)-(4) and new subsection (c)(5) filed 6-14-2018; operative 7-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 24).

27. Amendment filed 3-14-2024; operative 7-1-2024 (Register 2024, No. 11).