California 2025-2026 Regular Session

California Assembly Bill AB993 Latest Draft

Bill / Amended Version Filed 03/28/2025

                            Amended IN  Assembly  March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 993Introduced by Assembly Member HadwickFebruary 20, 2025An act to amend Section 25404.8 of the Health and Safety Code, relating to hazardous materials. LEGISLATIVE COUNSEL'S DIGESTAB 993, as amended, Hadwick. Hazardous materials management: Rural CUPA Reimbursement Account.Existing law requires the Secretary for Environmental Protection to adopt regulations and implement a unified hazardous waste and hazardous materials management regulatory program. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program, and every county is required to apply to the secretary to be certified to implement the unified program as a Certified Unified Program Agency (CUPA). Existing law establishes the Rural CUPA Reimbursement Account in the General Fund, and requires the Secretary for Environmental Protection to allocate funds to counties with populations of less than 150,000 persons for which a CUPA has not been certified on or before January 1, 2000, in amounts not to exceed designated percentages of budgeted costs, and not more than $60,000 in total for all CUPAs in an eligible county.This bill would make every county with a population of less than 150,000 persons eligible for these funds without regard to the date of certification. The bill would increase the maximum total amount that may be allocated for all CUPAs in a single county from $60,000 to $100,000. The bill would adjust this amount annually for inflation, beginning on January 1, 2027, based on the change in the annual California Consumer Price Index for All Urban Consumers, as provided. The bill would make implementation of these provisions contingent upon the Legislature making an appropriation for these purposes.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25404.8 of the Health and Safety Code is amended to read:25404.8. (a) A CUPA for a county with a population of less than 150,000 persons is eligible for an allocation pursuant to subdivision (d). To be eligible for funding allocated pursuant to subdivision (d), the CUPA shall institute a single fee system that meets the requirements of Section 25404.5, except that the amounts to be paid by each person regulated by the unified program under the single fee system shall be set at a level so that the revenues collected under the single fee system and the amount allocated pursuant to subdivision (d) are sufficient to pay the necessary costs incurred by the CUPA in implementing the unified program. The CUPA shall determine the level to be paid by persons regulated under the unified program by conducting a workload analysis that establishes the direct and indirect costs to the CUPA of implementing the unified program.(b) A CUPA that implements the unified program pursuant to paragraph (2) of subdivision (f) of Section 25404.3 shall use the funding allocated pursuant to subdivision (d) to implement the unified program within the jurisdiction of the CUPA in accordance with the implementation agreement reached with the secretary pursuant to paragraph (2) of subdivision (f) of Section 25404.3.(c) The Rural CUPA Reimbursement Account is hereby established in the General Fund and the secretary may expend the money in the account to make the allocations specified in subdivision (d).(d) (1) Except as provided in paragraph (2), the secretary shall allocate the following amounts from the Rural CUPA Reimbursement Account to an eligible county:(A) If the county has a population of less than 70,000 persons, the amount of the funds allocated from the account shall not exceed 75 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(B) If the county has a population of more than 70,000, but less than 100,000 persons, the amount of the funds allocated from the account shall not exceed 50 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(C) If the county has a population of more than 100,000, but less than 150,000 persons, the amount of the funds allocated from the account shall not exceed 35 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(2) The secretary shall not allocate more than one hundred thousand dollars ($100,000) for all CUPAs in an eligible county. The amount specified in this paragraph shall adjust annually for inflation, beginning on January 1, 2027, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations or a successor agency, rounded to the nearest whole dollar, for the most recent one-year period ending on December 31 preceding the adjustment.(e) Implementation of the amendments made to subdivisions (a) and (d) by the act adding this subdivision that expands eligibility for funding and annually adjusts the total amount that the secretary may allocate to CUPAs in an eligible county, respectively, shall be contingent upon an appropriation made by the Legislature for these purposes.

 Amended IN  Assembly  March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 993Introduced by Assembly Member HadwickFebruary 20, 2025An act to amend Section 25404.8 of the Health and Safety Code, relating to hazardous materials. LEGISLATIVE COUNSEL'S DIGESTAB 993, as amended, Hadwick. Hazardous materials management: Rural CUPA Reimbursement Account.Existing law requires the Secretary for Environmental Protection to adopt regulations and implement a unified hazardous waste and hazardous materials management regulatory program. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program, and every county is required to apply to the secretary to be certified to implement the unified program as a Certified Unified Program Agency (CUPA). Existing law establishes the Rural CUPA Reimbursement Account in the General Fund, and requires the Secretary for Environmental Protection to allocate funds to counties with populations of less than 150,000 persons for which a CUPA has not been certified on or before January 1, 2000, in amounts not to exceed designated percentages of budgeted costs, and not more than $60,000 in total for all CUPAs in an eligible county.This bill would make every county with a population of less than 150,000 persons eligible for these funds without regard to the date of certification. The bill would increase the maximum total amount that may be allocated for all CUPAs in a single county from $60,000 to $100,000. The bill would adjust this amount annually for inflation, beginning on January 1, 2027, based on the change in the annual California Consumer Price Index for All Urban Consumers, as provided. The bill would make implementation of these provisions contingent upon the Legislature making an appropriation for these purposes.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  March 28, 2025

Amended IN  Assembly  March 28, 2025

 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION

 Assembly Bill 

No. 993

Introduced by Assembly Member HadwickFebruary 20, 2025

Introduced by Assembly Member Hadwick
February 20, 2025

An act to amend Section 25404.8 of the Health and Safety Code, relating to hazardous materials. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 993, as amended, Hadwick. Hazardous materials management: Rural CUPA Reimbursement Account.

Existing law requires the Secretary for Environmental Protection to adopt regulations and implement a unified hazardous waste and hazardous materials management regulatory program. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program, and every county is required to apply to the secretary to be certified to implement the unified program as a Certified Unified Program Agency (CUPA). Existing law establishes the Rural CUPA Reimbursement Account in the General Fund, and requires the Secretary for Environmental Protection to allocate funds to counties with populations of less than 150,000 persons for which a CUPA has not been certified on or before January 1, 2000, in amounts not to exceed designated percentages of budgeted costs, and not more than $60,000 in total for all CUPAs in an eligible county.This bill would make every county with a population of less than 150,000 persons eligible for these funds without regard to the date of certification. The bill would increase the maximum total amount that may be allocated for all CUPAs in a single county from $60,000 to $100,000. The bill would adjust this amount annually for inflation, beginning on January 1, 2027, based on the change in the annual California Consumer Price Index for All Urban Consumers, as provided. The bill would make implementation of these provisions contingent upon the Legislature making an appropriation for these purposes.

Existing law requires the Secretary for Environmental Protection to adopt regulations and implement a unified hazardous waste and hazardous materials management regulatory program. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program, and every county is required to apply to the secretary to be certified to implement the unified program as a Certified Unified Program Agency (CUPA). Existing law establishes the Rural CUPA Reimbursement Account in the General Fund, and requires the Secretary for Environmental Protection to allocate funds to counties with populations of less than 150,000 persons for which a CUPA has not been certified on or before January 1, 2000, in amounts not to exceed designated percentages of budgeted costs, and not more than $60,000 in total for all CUPAs in an eligible county.

This bill would make every county with a population of less than 150,000 persons eligible for these funds without regard to the date of certification. The bill would increase the maximum total amount that may be allocated for all CUPAs in a single county from $60,000 to $100,000. The bill would adjust this amount annually for inflation, beginning on January 1, 2027, based on the change in the annual California Consumer Price Index for All Urban Consumers, as provided. The bill would make implementation of these provisions contingent upon the Legislature making an appropriation for these purposes.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 25404.8 of the Health and Safety Code is amended to read:25404.8. (a) A CUPA for a county with a population of less than 150,000 persons is eligible for an allocation pursuant to subdivision (d). To be eligible for funding allocated pursuant to subdivision (d), the CUPA shall institute a single fee system that meets the requirements of Section 25404.5, except that the amounts to be paid by each person regulated by the unified program under the single fee system shall be set at a level so that the revenues collected under the single fee system and the amount allocated pursuant to subdivision (d) are sufficient to pay the necessary costs incurred by the CUPA in implementing the unified program. The CUPA shall determine the level to be paid by persons regulated under the unified program by conducting a workload analysis that establishes the direct and indirect costs to the CUPA of implementing the unified program.(b) A CUPA that implements the unified program pursuant to paragraph (2) of subdivision (f) of Section 25404.3 shall use the funding allocated pursuant to subdivision (d) to implement the unified program within the jurisdiction of the CUPA in accordance with the implementation agreement reached with the secretary pursuant to paragraph (2) of subdivision (f) of Section 25404.3.(c) The Rural CUPA Reimbursement Account is hereby established in the General Fund and the secretary may expend the money in the account to make the allocations specified in subdivision (d).(d) (1) Except as provided in paragraph (2), the secretary shall allocate the following amounts from the Rural CUPA Reimbursement Account to an eligible county:(A) If the county has a population of less than 70,000 persons, the amount of the funds allocated from the account shall not exceed 75 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(B) If the county has a population of more than 70,000, but less than 100,000 persons, the amount of the funds allocated from the account shall not exceed 50 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(C) If the county has a population of more than 100,000, but less than 150,000 persons, the amount of the funds allocated from the account shall not exceed 35 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(2) The secretary shall not allocate more than one hundred thousand dollars ($100,000) for all CUPAs in an eligible county. The amount specified in this paragraph shall adjust annually for inflation, beginning on January 1, 2027, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations or a successor agency, rounded to the nearest whole dollar, for the most recent one-year period ending on December 31 preceding the adjustment.(e) Implementation of the amendments made to subdivisions (a) and (d) by the act adding this subdivision that expands eligibility for funding and annually adjusts the total amount that the secretary may allocate to CUPAs in an eligible county, respectively, shall be contingent upon an appropriation made by the Legislature for these purposes.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 25404.8 of the Health and Safety Code is amended to read:25404.8. (a) A CUPA for a county with a population of less than 150,000 persons is eligible for an allocation pursuant to subdivision (d). To be eligible for funding allocated pursuant to subdivision (d), the CUPA shall institute a single fee system that meets the requirements of Section 25404.5, except that the amounts to be paid by each person regulated by the unified program under the single fee system shall be set at a level so that the revenues collected under the single fee system and the amount allocated pursuant to subdivision (d) are sufficient to pay the necessary costs incurred by the CUPA in implementing the unified program. The CUPA shall determine the level to be paid by persons regulated under the unified program by conducting a workload analysis that establishes the direct and indirect costs to the CUPA of implementing the unified program.(b) A CUPA that implements the unified program pursuant to paragraph (2) of subdivision (f) of Section 25404.3 shall use the funding allocated pursuant to subdivision (d) to implement the unified program within the jurisdiction of the CUPA in accordance with the implementation agreement reached with the secretary pursuant to paragraph (2) of subdivision (f) of Section 25404.3.(c) The Rural CUPA Reimbursement Account is hereby established in the General Fund and the secretary may expend the money in the account to make the allocations specified in subdivision (d).(d) (1) Except as provided in paragraph (2), the secretary shall allocate the following amounts from the Rural CUPA Reimbursement Account to an eligible county:(A) If the county has a population of less than 70,000 persons, the amount of the funds allocated from the account shall not exceed 75 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(B) If the county has a population of more than 70,000, but less than 100,000 persons, the amount of the funds allocated from the account shall not exceed 50 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(C) If the county has a population of more than 100,000, but less than 150,000 persons, the amount of the funds allocated from the account shall not exceed 35 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(2) The secretary shall not allocate more than one hundred thousand dollars ($100,000) for all CUPAs in an eligible county. The amount specified in this paragraph shall adjust annually for inflation, beginning on January 1, 2027, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations or a successor agency, rounded to the nearest whole dollar, for the most recent one-year period ending on December 31 preceding the adjustment.(e) Implementation of the amendments made to subdivisions (a) and (d) by the act adding this subdivision that expands eligibility for funding and annually adjusts the total amount that the secretary may allocate to CUPAs in an eligible county, respectively, shall be contingent upon an appropriation made by the Legislature for these purposes.

SECTION 1. Section 25404.8 of the Health and Safety Code is amended to read:

### SECTION 1.

25404.8. (a) A CUPA for a county with a population of less than 150,000 persons is eligible for an allocation pursuant to subdivision (d). To be eligible for funding allocated pursuant to subdivision (d), the CUPA shall institute a single fee system that meets the requirements of Section 25404.5, except that the amounts to be paid by each person regulated by the unified program under the single fee system shall be set at a level so that the revenues collected under the single fee system and the amount allocated pursuant to subdivision (d) are sufficient to pay the necessary costs incurred by the CUPA in implementing the unified program. The CUPA shall determine the level to be paid by persons regulated under the unified program by conducting a workload analysis that establishes the direct and indirect costs to the CUPA of implementing the unified program.(b) A CUPA that implements the unified program pursuant to paragraph (2) of subdivision (f) of Section 25404.3 shall use the funding allocated pursuant to subdivision (d) to implement the unified program within the jurisdiction of the CUPA in accordance with the implementation agreement reached with the secretary pursuant to paragraph (2) of subdivision (f) of Section 25404.3.(c) The Rural CUPA Reimbursement Account is hereby established in the General Fund and the secretary may expend the money in the account to make the allocations specified in subdivision (d).(d) (1) Except as provided in paragraph (2), the secretary shall allocate the following amounts from the Rural CUPA Reimbursement Account to an eligible county:(A) If the county has a population of less than 70,000 persons, the amount of the funds allocated from the account shall not exceed 75 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(B) If the county has a population of more than 70,000, but less than 100,000 persons, the amount of the funds allocated from the account shall not exceed 50 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(C) If the county has a population of more than 100,000, but less than 150,000 persons, the amount of the funds allocated from the account shall not exceed 35 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(2) The secretary shall not allocate more than one hundred thousand dollars ($100,000) for all CUPAs in an eligible county. The amount specified in this paragraph shall adjust annually for inflation, beginning on January 1, 2027, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations or a successor agency, rounded to the nearest whole dollar, for the most recent one-year period ending on December 31 preceding the adjustment.(e) Implementation of the amendments made to subdivisions (a) and (d) by the act adding this subdivision that expands eligibility for funding and annually adjusts the total amount that the secretary may allocate to CUPAs in an eligible county, respectively, shall be contingent upon an appropriation made by the Legislature for these purposes.

25404.8. (a) A CUPA for a county with a population of less than 150,000 persons is eligible for an allocation pursuant to subdivision (d). To be eligible for funding allocated pursuant to subdivision (d), the CUPA shall institute a single fee system that meets the requirements of Section 25404.5, except that the amounts to be paid by each person regulated by the unified program under the single fee system shall be set at a level so that the revenues collected under the single fee system and the amount allocated pursuant to subdivision (d) are sufficient to pay the necessary costs incurred by the CUPA in implementing the unified program. The CUPA shall determine the level to be paid by persons regulated under the unified program by conducting a workload analysis that establishes the direct and indirect costs to the CUPA of implementing the unified program.(b) A CUPA that implements the unified program pursuant to paragraph (2) of subdivision (f) of Section 25404.3 shall use the funding allocated pursuant to subdivision (d) to implement the unified program within the jurisdiction of the CUPA in accordance with the implementation agreement reached with the secretary pursuant to paragraph (2) of subdivision (f) of Section 25404.3.(c) The Rural CUPA Reimbursement Account is hereby established in the General Fund and the secretary may expend the money in the account to make the allocations specified in subdivision (d).(d) (1) Except as provided in paragraph (2), the secretary shall allocate the following amounts from the Rural CUPA Reimbursement Account to an eligible county:(A) If the county has a population of less than 70,000 persons, the amount of the funds allocated from the account shall not exceed 75 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(B) If the county has a population of more than 70,000, but less than 100,000 persons, the amount of the funds allocated from the account shall not exceed 50 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(C) If the county has a population of more than 100,000, but less than 150,000 persons, the amount of the funds allocated from the account shall not exceed 35 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(2) The secretary shall not allocate more than one hundred thousand dollars ($100,000) for all CUPAs in an eligible county. The amount specified in this paragraph shall adjust annually for inflation, beginning on January 1, 2027, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations or a successor agency, rounded to the nearest whole dollar, for the most recent one-year period ending on December 31 preceding the adjustment.(e) Implementation of the amendments made to subdivisions (a) and (d) by the act adding this subdivision that expands eligibility for funding and annually adjusts the total amount that the secretary may allocate to CUPAs in an eligible county, respectively, shall be contingent upon an appropriation made by the Legislature for these purposes.

25404.8. (a) A CUPA for a county with a population of less than 150,000 persons is eligible for an allocation pursuant to subdivision (d). To be eligible for funding allocated pursuant to subdivision (d), the CUPA shall institute a single fee system that meets the requirements of Section 25404.5, except that the amounts to be paid by each person regulated by the unified program under the single fee system shall be set at a level so that the revenues collected under the single fee system and the amount allocated pursuant to subdivision (d) are sufficient to pay the necessary costs incurred by the CUPA in implementing the unified program. The CUPA shall determine the level to be paid by persons regulated under the unified program by conducting a workload analysis that establishes the direct and indirect costs to the CUPA of implementing the unified program.(b) A CUPA that implements the unified program pursuant to paragraph (2) of subdivision (f) of Section 25404.3 shall use the funding allocated pursuant to subdivision (d) to implement the unified program within the jurisdiction of the CUPA in accordance with the implementation agreement reached with the secretary pursuant to paragraph (2) of subdivision (f) of Section 25404.3.(c) The Rural CUPA Reimbursement Account is hereby established in the General Fund and the secretary may expend the money in the account to make the allocations specified in subdivision (d).(d) (1) Except as provided in paragraph (2), the secretary shall allocate the following amounts from the Rural CUPA Reimbursement Account to an eligible county:(A) If the county has a population of less than 70,000 persons, the amount of the funds allocated from the account shall not exceed 75 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(B) If the county has a population of more than 70,000, but less than 100,000 persons, the amount of the funds allocated from the account shall not exceed 50 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(C) If the county has a population of more than 100,000, but less than 150,000 persons, the amount of the funds allocated from the account shall not exceed 35 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.(2) The secretary shall not allocate more than one hundred thousand dollars ($100,000) for all CUPAs in an eligible county. The amount specified in this paragraph shall adjust annually for inflation, beginning on January 1, 2027, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations or a successor agency, rounded to the nearest whole dollar, for the most recent one-year period ending on December 31 preceding the adjustment.(e) Implementation of the amendments made to subdivisions (a) and (d) by the act adding this subdivision that expands eligibility for funding and annually adjusts the total amount that the secretary may allocate to CUPAs in an eligible county, respectively, shall be contingent upon an appropriation made by the Legislature for these purposes.



25404.8. (a) A CUPA for a county with a population of less than 150,000 persons is eligible for an allocation pursuant to subdivision (d). To be eligible for funding allocated pursuant to subdivision (d), the CUPA shall institute a single fee system that meets the requirements of Section 25404.5, except that the amounts to be paid by each person regulated by the unified program under the single fee system shall be set at a level so that the revenues collected under the single fee system and the amount allocated pursuant to subdivision (d) are sufficient to pay the necessary costs incurred by the CUPA in implementing the unified program. The CUPA shall determine the level to be paid by persons regulated under the unified program by conducting a workload analysis that establishes the direct and indirect costs to the CUPA of implementing the unified program.

(b) A CUPA that implements the unified program pursuant to paragraph (2) of subdivision (f) of Section 25404.3 shall use the funding allocated pursuant to subdivision (d) to implement the unified program within the jurisdiction of the CUPA in accordance with the implementation agreement reached with the secretary pursuant to paragraph (2) of subdivision (f) of Section 25404.3.

(c) The Rural CUPA Reimbursement Account is hereby established in the General Fund and the secretary may expend the money in the account to make the allocations specified in subdivision (d).

(d) (1) Except as provided in paragraph (2), the secretary shall allocate the following amounts from the Rural CUPA Reimbursement Account to an eligible county:

(A) If the county has a population of less than 70,000 persons, the amount of the funds allocated from the account shall not exceed 75 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.

(B) If the county has a population of more than 70,000, but less than 100,000 persons, the amount of the funds allocated from the account shall not exceed 50 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.

(C) If the county has a population of more than 100,000, but less than 150,000 persons, the amount of the funds allocated from the account shall not exceed 35 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.

(2) The secretary shall not allocate more than one hundred thousand dollars ($100,000) for all CUPAs in an eligible county. The amount specified in this paragraph shall adjust annually for inflation, beginning on January 1, 2027, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations or a successor agency, rounded to the nearest whole dollar, for the most recent one-year period ending on December 31 preceding the adjustment.

(e) Implementation of the amendments made to subdivisions (a) and (d) by the act adding this subdivision that expands eligibility for funding and annually adjusts the total amount that the secretary may allocate to CUPAs in an eligible county, respectively, shall be contingent upon an appropriation made by the Legislature for these purposes.