Cal. Code Regs. tit. 13 § 2902

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 2902 - Fee Payment and Refunds

(a) Fee Payment.

(1) Each applicant submitting an application to the California Air Resources Board seeking certification or evaluation of any mobile source described in Articles 2 through 7 for compliance with applicable emission requirements shall submit a fee as set forth in this Chapter 16.

(2) Each applicant shall remit the fee that meets the criteria for the selected category and fee type to the California Air Resources Board in conjunction with the application. Payment shall be made payable to the California Air Resources Board. The Executive Officer shall forward all payments to the State Controller's Office for deposit in the Certification and Compliance Fund.

(3) Any submitted application will not be processed, and cannot be deemed complete, before the fee that meets the criteria for the selected category and fee type is received.

(4) The Executive Officer shall determine if the fee submitted with an application meets the criteria for the selected category and fee type, based on a review of the application and the criteria for the selected category and fee type. If the Executive Officer determines the fee does not meet the criteria for the selected category and fee type, the Executive Officer will calculate the appropriate fee, and the applicant shall be notified and allowed to remit the appropriate fee.

(5) If an applicant uses a projected sales value to qualify for either the "Low California production manufacturer" or "Low California production for sale engine family" fee type, and the manufacturer's final California reported production for sale exceeds the limit specified in the applicable definition, the Executive Officer will bill the applicant for the difference between the fee paid and the applicable fee. No new applications shall be processed until payment is received.

(6) Each applicant submitting a fee shall include an attestation stating that any information provided is true, accurate, and complete.

(b) Refunds.

Upon written request to the California Air Resources Board, a "fee refund" shall be issued to an applicant for any certification fee paid by that applicant pursuant to Articles 2, 3, and 4, if the criteria in this subsection are met and no certification was granted. Refunds shall not be issued for application fees paid pursuant to Articles 5, 6, and 7.

Criteria for Fee Refund	Fee Refund (% of certification fee paid)
Withdrawal of application 0-15 calendar days from receipt of payment, or the date the Executive Officer notifies the applicant the submitted payment is not appropriate under subdivision (a)(4)	100%
Certification fee paid, no application submitted	100%
Withdrawal of application 16-45 calendar days from receipt of payment, or the date the Executive Officer notifies the applicant the submitted payment is not appropriate under subdivision (a)(4)	50%
Withdrawal of application 46 or more calendar days from receipt of payment, or the date the Executive Officer notifies the applicant the submitted payment is not appropriate under subdivision (a)(4)	No refund

Notwithstanding, if an applicant determines that the payment submitted pursuant to Articles 2, 3, and 4 exceeds the appropriate fee, based on the criteria for the selected category and fee type, the applicant may request a refund for the portion of the submitted fee that exceeds the appropriate fee. Any request for a refund of overpayment of fees must be requested in writing to the California Air Resources Board by no later than March 1 of the calendar year following the close of the model year for applications submitted pursuant to Articles 2 and 3 and by no later than March 1 of the calendar year following the close of the calendar year in which an application was submitted pursuant to Article 1. The Executive Officer shall issue a refund for the portion of the submitted fee that exceeds the appropriate fee, as determined in subdivision (a)(4).

Cal. Code Regs. Tit. 13, § 2902

1. New section filed 1-18-2022; operative 4-1-2022 (Register 2022, No. 3).

Note: Authority cited: Sections 39600, 39601, 43019, 43019.1 and 43202.6, Health and Safety Code. Reference: Sections 43000, 43000.5, 43013, 43018, 43019 and 43019.1, Health and Safety Code.

1. New section filed 1-18-2022; operative 4/1/2022 (Register 2022, No. 3).