Board approves rulemaking to update fee regulation, prompts outreach and potential timeline revisions

At agenda item 18, staff presented proposed amendments to the board's fee regulation intended to increase predictability for both the board and fee payers. Ms. Grennan outlined four key changes: removing a self-imposed expense cap, adding a firm payment deadline tied to the start of the billing year, clarifying fee apportionment when regional notification center membership terminates before the billing year, and removing outdated regulatory language. Staff said the amendments align with the board's authority under Government Code section 4216.22 and would be implemented through the formal Office of Administrative Law rulemaking process.

During public comment a remote participant asked how a requirement to pay before the billing year begins would work in practice, noting members currently have 90 days before being considered past due and asking what would happen when a member terminates after the billing year starts or when no successor takes over lines. Board members emphasized budgeting concerns for regulated entities and requested staff explore options for additional notice or grace periods. Staff noted the current timeline posts operator fees March 1 for a July 1 effective date and that late fees currently begin Oct. 1; changing those dates would require coordination with the call centers that administer fee collection.

The board entertained a motion to approve the resolution directing staff to proceed with rulemaking. The motion was moved and seconded, and the board recorded a roll-call vote; the presiding officer announced the resolution (spoken as '26 0 2 0 1') was approved. Staff told the board that the formal rulemaking process includes public comment opportunities and that the Office of Administrative Law review could take about a year. Staff also announced a Feb. 25 town hall to discuss the board's fee with the regulated public.