Cal. Code Regs. tit. 27 § 15210

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 15210 - Single Fee System

(a) Each CUPA shall implement a single fee system to:

(1) Consolidate all fees currently mandated in statute and regulation used for local implementation of the Unified Program including state surcharges; and

(2) Consolidate any other fees levied by a local agency specifically to fund their implementation of the programs specified in HSC Section 25404(c).

(A) Each PA shall annually notify the CUPA of its necessary and reasonable costs for program implementation as determined pursuant to Section 15220.

(b) Each CUPA shall establish procedures for implementing a Single Fee System. Single Fee System procedures shall include, but not be limited to:

(1) Mechanisms for the billing, collection, and transmittal of consolidated fees.

(A) Each billing statement shall itemize the single fee by program element, including by category, if applicable, if the single fee is calculated separately.

(B) The CUPA shall ensure that all fees collected on behalf of a PA are forwarded to the PA.

(i) The CUPA shall remit the appropriate collected fees to the PA within 90 days of receipt unless the CUPA and PA agree in writing to an alternative.

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

(D) The CUPA shall establish a program for state surcharge collection and remittance in compliance with Section 15250.

(i) The CUPA may show the state surcharge as a separate item or items within the single fee, by program elements.

(2) Procedures for establishing a detailed fee schedule for regulated businesses.

(A) The governing body shall establish the fee schedule to reflect the reasonable and necessary costs to implement the Unified Program as determined by the Fee Accountability Program described in Section 15220(a)(1).

(B) The governing body shall adjust the fee schedule to reflect the reasonable and necessary costs to implement the Unified Program as determined by the annual review of the Fee Accountability Program described in Section 15220(a)(2).

(C) The governing body shall utilize the fee schedule(s) established by the PAs and authorize collection of those fees.

(D) Fee schedules shall be based on the following factors associated with the cost of implementing and maintaining the Unified Program:

(i) Operating costs as determined by Section 15220; and

(ii) Consolidated fees from Section 15210(a).

(3) The fee schedule shall be made available to interested parties upon request.

(4) Procedures for the resolution of fee disputes that may arise between the CUPA and PA(s), between a regulated business and either the CUPA or the PA, or between a regulated business and the state regarding the state surcharges.

(A) The CUPA shall attempt to resolve fee disputes involving the state surcharges in the same manner used to resolve local fee disputes.

(B) Disputes involving the state surcharges that cannot be resolved locally shall be referred to the Secretary for resolution.

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

(5) Annual review of the Single Fee System as identified in Section 15220.

(c) The Single Fee System may be used to charge fees for programs that are not listed as Unified Program elements in HSC Section 25404.5(c), if those programs are incorporated into the Unified Program.

(d) Provided the minimum requirements outlined in Sections 15210 and 15220 are met, a UPA 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 implementing the Unified Program.

(e) The Single Fee System may reflect variations in cost to implement and maintain programs for different regulated businesses.

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

Cal. Code Regs. Tit. 27, § 15210

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

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).
9. Amendment of subsections (a)(2)-(b), (d), (h) and (j) filed 6-14-2018; operative 7/1/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 24).
10. Amendment filed 3-14-2024; operative 7/1/2024 (Register 2024, No. 11).