Board approves fee regulation amendments and directs staff to begin rulemaking
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Summary
The board voted to approve Resolution 260201 directing staff to begin formal rulemaking to amend fee regulations (removing an internal expense cap, adding a firm payment deadline, clarifying fee apportionment on membership termination and removing outdated language); members raised concerns about budget timing and call-center administration.
The California Underground Safety Board voted on Feb. 10 to approve a resolution directing staff to begin formal rulemaking to amend the board's fee regulation.
Staff told the board the proposed amendments address four areas: removal of a self-imposed expense cap; addition of a firm deadline for fee payment (staff proposes payment and applicable late fees be resolved before the start of the billing year); clarification of fee apportionment when a member's subsurface installation transfers or a regional notification center membership terminates (the departing member’s portion would be added to the new member’s fee if termination occurs prior to the billing year); and technical cleanups removing outdated regulatory language. Staff cited Government Code section 4216.22 as the statutory authority for the board’s regulatory prescriptions under the Dig Safe Act.
During public comment, a remote speaker questioned how members could pay before the start of the billing year given a 90-day past-due window and asked how fees should be apportioned if a member terminates after the billing year begins and no successor takes responsibility. Staff replied that current practice posts operator fees on March 1 to take effect July 1, with late fees beginning Oct. 1, and that timeline changes could be explored with call centers that administer fee billing and ticket data.
Board members pressed staff on the potential budget impacts for facility owners who must forecast costs; members suggested the board could explore adjusting posting deadlines to provide more notice and that conditional approaches or additional public comment could be used to refine timing. Staff noted the Office of Administrative Law rulemaking process provides multiple opportunities for public comment and could extend implementation timelines.
A motion to approve the associated resolution (recorded in the meeting as resolution 260201) was moved by Member Soren and seconded by Member Glasson. The board took a roll-call vote and the chair announced the resolution was approved. The board directed staff to publish the proposed amendments for public comment and begin the formal rulemaking process.
Staff also announced a Feb. 25 town hall at 2 p.m. to discuss the fee and invited the regulated public to participate.
Resolution outcome at a glance: board approved Resolution 260201 and directed staff to proceed with formal rulemaking and public comment.
The board will return with any substantial changes following public comment during the formal rulemaking sequence.