General Powers and Duties
Cal. HSC § 39611
California Statutes
(
a) The state board may impose a fee on any entity regulated by the state board under the Transport Refrigeration Unit Regulation (Sections to 2477.24, inclusive, of Title of the California Code of Regulations). (
b) Revenues collected from the imposition of a fee pursuant to this
section shall be used to recover the state board’s reasonable regulatory costs, consistent with paragraph (3) of subdivision (
b) of
Section of
Article XIII A of the California Constitution, associated with the implementation, administration, and enforcement of the regulation described in subdivision (a), including, but not limited to, costs related to certification, registration, reporting, auditing, inspections, and compliance assurance. (c)
(1) Subject to paragraph (2), the state board shall set the amounts of the fees imposed pursuant to subdivision (
a) to the amounts established by
Section 2477.21 of Title of the California Code of Regulations, as that
section read on January 1, 2025, and, notwithstanding any other law except paragraph (2), shall increase those fees annually based on the Consumer Price Index as compiled and reported by the Department of Industrial Relations.
(2) The state board shall not set the fees pursuant to paragraph (1) to an amount that is more than necessary to recover its reasonable costs in developing, implementing, and enforcing the regulation described in subdivision (a), including any administrative costs. (
d) The state board may change the fee to recover its costs described in subdivision (
a) so long as the fee does not exceed the amounts established under subdivision (c). (
e) The Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part of Division of Title of the Government Code) does not apply to the determination of fees under this section. (
f) All revenues collected pursuant to this
section shall be deposited into the Certification and Compliance Fund and shall be available, upon appropriation by the Legislature, for the purposes described in subdivision (b).