(a) Except as otherwise set out herein, the Executive Officer shall assess and collect reasonable fees for registration, renewal, and associated administrative tasks, to recover the estimated costs to the Executive Officer for evaluating registration applications, and issuing registration documentation.(b) Fees shall be due and payable to the Executive Officer. Fees are nonrefundable except in circumstances as determined by the Executive Officer.(c) The owner of an engine or equipment unit shall submit fees to the Executive Officer in accordance with Section 2461.1.(d) The Executive Officer shall collect an inspection fee as listed in Section 2461.1 one time per every three calendar years for each registered engine. Except for TSE, when multiple registered engines are inspected at a given source or location, the owner shall receive a discount if the owner or operator intends to arrange multiple engines inspections with the district and complies with the requirements specified in section 2460(b)(7). The discounts shall be applied as follows: (1) no discount for 1 to 3 engines(2) 25 percent discount for 4 to 9 engines(3) 35 percent discount for 10 or more engines(e) Failure to pay renewal fees when due shall result in penalties. If a fee payment is not received or postmarked by the specified due date, then fee penalties shall be assessed per unit in accordance with Section 2461.1. Failure to pay renewal fees prior to expiration shall result in cancellation of the registration. If a registration has expired for an engine or equipment unit that is eligible for reactivation, a canceled registration may be reactivated after payment of all renewal and penalty fees. Registration shall be reissued under the original registration number and expiration date. A portable engine or equipment unit without valid registration is subject to the rules and regulations of the district in which it operates.(f) Fees shall be periodically revised by the Executive Officer to recover the reasonable costs of administering the statewide registration program, in accordance with the following benchmarks: (i) the consumer price index, as published by the United States Bureau of Labor Statistics,(ii) costs that are attributable directly to the statewide registration program, and(iii) a percentage of the indirect Board and statewide costs as agreed to by the Department of Finance and the U.S Environmental Protection Agency, under Title 2, Code of Federal Regulations, Part 200.(g) A district may collect a fee for the inspection of a registered equipment unit pursuant to section 2460(b)(3). The district shall bill the owner of the equipment unit at a rate as specified in Section 2461.1 of the regulation for actual staff time taken to perform the inspection, not to exceed the amount specified in Section 2461.1. Upon receipt of the invoice for the inspection fee, the owner shall have the right to appeal the district's fee determination to the district Air Pollution Control Officer pursuant to the provisions of the district's rules and regulations that govern appeals of fee determinations.(h) The Executive Officer shall annually distribute district inspection fees collected for that year. General inspection fees will be distributed equally among the districts. Home district inspection fees will be distributed to the corresponding home district.(i) TSE fees are due pursuant to section 2458(c). Failure to submit the annual report and applicable fees within six calendar months after the end of the year will result in cancellation of the registration. For TSE, if registration is cancelled or allowed to expire, the applicant shall reapply, and initial registration fees will be applicable.(j) The district may collect an inspection fee as listed in Section 2461.1 one time per calendar year for each registered TSE inspected. When multiple registered TSE units are inspected at a given source or location, the inspection fee shall be equal to the lesser of the actual cost, including staff time, for conducting the inspection or the fee as listed in Section 2461.1 per registered portable engine or equipment unit inspected. If the district performs an inspection leading to determination of non-compliance with this article, or any applicable state or federal requirements, the district may charge a fee as listed in Section 2461.1 per portable engine or equipment unit for each inspection necessary for the determination and ultimate resolution of the violation. In no event shall the total fees exceed the actual costs, including staff time, to the district of conducting the investigations and resolving any violations.Cal. Code Regs. Tit. 13, § 2461
1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 38).
2. Amendment of subsection (g), new subsection (l) and amendment of Table 3 filed 12-1-99; operative 12-1-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 49).
3. Amendment of section and NOTE, renumbering of Table 3 to Table 2 and amendment of table heading and table filed 8-2-2005; operative 9-1-2005 (Register 2005, No. 31).
4. Amendment of subsections (c)-(f) and new subsections (j)-(j)(2) and Table 3 filed 12-27-2006 as an emergency; operative 12-27-2006 (Register 2006, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-26-2007 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 12-27-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2007, No. 17).
6. Amendment of section and Table filed 4-26-2007; operative 4-27-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
7. Amendment of section and Table filed 4-26-2007 as an emergency; operative 4-27-2007 (Register 2007, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-23-2007 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 4-26-2007 order transmitted to OAL 7-31-2007 and filed 9-12-2007 (Register 2007, No. 37).
9. Change without regulatory effect amending section filed 4-7-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 15).
10. Amendment of subsections (k), (k)(1) and (k)(2) filed 12-3-2009; operative 1-2-2010 (Register 2009, No. 49).
11. Amendment of subsections (c), (d), (e), (g) and (j), repealer of subsections (k)-(k)(2) and Table 2 and renumbering of former Table 3 as Table 2 filed 10-19-2010; operative 10-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
12. Amendment of section, including redesignation of former Table 2 as new section 2641.1, filed 9-24-2018; operative 11-30-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 39). Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code.
1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 38).
2. Amendment of subsection (g), new subsection (l) and amendment of Table 3 filed 12-1-99; operative 12-1-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 49).
3. Amendment of section and Note, renumbering of Table 3 to Table 2 and amendment of table heading and table filed 8-2-2005; operative 9-1-2005 (Register 2005, No. 31).
4. Amendment of subsections (c)-(f) and new subsections (j)-(j)(2) and Table 3 filed 12-27-2006 as an emergency; operative 12-27-2006 (Register 2006, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-26-2007 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 12-27-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2007, No. 17).
6. Amendment of section and Table filed 4-26-2007; operative 4-27-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
7. Amendment of section and Table filed 4-26-2007 as an emergency; operative 4-27-2007 (Register 2007, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-23-2007 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 4-26-2007 order transmitted to OAL 7-31-2007 and filed 9-12-2007 (Register 2007, No. 37).
9. Change without regulatory effect amending section filed 4-7-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 15).
10. Amendment of subsections (k), (k)(1) and (k)(2) filed 12-3-2009; operative 1-2-2010 (Register 2009, No. 49).
11. Amendment of subsections (c), (d), (e), (g) and (j), repealer of subsections (k)-(k)(2) and Table 2 and renumbering of former Table 3 as Table 2 filed 10-19-2010; operative 10-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
12. Amendment of section, including redesignation of former Table 2 as new section 2641.1, filed 9-24-2018; operative 11/30/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 39).