Fremont City Council Meeting: 09/16/25 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Fees & Rates
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5521) DOC ID: 5521
Updated: 9/12/2025 9:30 AM by Dina Lewis Page 1
CUPA/HAZMAT STATE SURCHARGE DECREASE - Adopt a Resolution to Amend the Master Fee Schedule to Implement Changes to Conform to CalEPA's Certified Unified Program (CUPA) Fees Passed through to the State Contact Persons:
Name: Corina Campbell Eric Govan
Title: Business Manager Fire Marshal
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to adopt a resolution to amend the Master Fee Schedule to reflect the fee decrease to State General Oversight Surcharge that is collected by the City’s Fire Prevention Bureau. The California Environmental Protection Program (CalEPA) has revised the fee to decrease from $94.00 to $79.00 annually per business/facility as of Fiscal Year 2025/26.
BACKGROUND: In 1993 state legislation created the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program (Unified Program), which consolidated the administration, permit, inspection, and enforcement activities of six hazardous materials and waste programs. The California Environmental Protection Agency (CalEPA) oversees the statewide implementation of the Unified Program and its 83 certified local government agencies, known as Certified Unified Program Agencies (CUPA).
The Fremont Fire Prevention Bureau has local oversight, administration and implements the CUPA Programs for businesses in Fremont. They ensure that the over 1,100 regulated facilities in such diverse sectors as automotive, semiconductor, medical device, opto-electronic, alternative fuel and biotechnology research, development and manufacturing meet state regulations in order to maintain safe places to work and protect the environment.
State law requires each CUPA to assess a surcharge, in an amount determined by CalEPA, on the regulated persons and businesses, to cover the costs of the state agencies in carrying out their responsibilities under the Unified Program.
DISCUSSION/ANALYSIS: As of August 22, 2025, the Unified Program State General Oversight Surcharge has been decreased annually from $94.00 to $79.00 per business/facility. The $15.00 decrease will be divided as follows: the $27.00 previously collected for the implementation and maintenance of the California Environmental Reporting System (CERS) NextGen project is eliminated and has been replaced by a $9.00 CERS NextGen Project Staff Cost Variance, and $3.00 for Staff Salary Increases. The State Surcharges affecting each entity regulated under the Unified Program are used to fund the costs of all State Agencies with Unified Program oversight responsibilities. CUPA agencies (Fire Prevention) are responsible for billing and collecting the state surcharges from each regulated business or facility.
Council Staff Report (ID # 5521) Meeting of September 16, 2025 Updated: 9/12/2025 9:30 AM by Dina Lewis Page 2
For the last four years the CUPAs have collected and remitted the funds necessary to cover the cost of CERS replacement. When CalEPA increased the State Surcharge in 2021, CalEPA intended to decrease the Oversight surcharge component in 2025 (after CERS NextGen was built) to cover system maintenance and operations. Due to unforeseen circumstances, the project to replace CERS has been extended through 2026. Therefore, CalEPA will not have any maintenance and operation costs until system development is completed and after the new system (CERS NextGen) is live, which is now anticipated to be January 1, 2027.
However, it is necessary to cover CalEPA CERS NextGen project staff costs (salary and benefits) to assist with building CERS NextGen and associated costs (e.g., office space, phones and other equipment).
The State agencies involved in the implementation of the Unified Program are responsible for setting program element standards, working with CalEPA to ensure program consistency and providing technical assistance to CUPAs. The following state agencies consolidate programs to form the Unified Program; California Environmental Protection Agency (CalEPA), Department of Toxic Substances Control (DTSC), Governor’s Office of Emergency Services (Cal OES), CAL FIRE Office of the State Fire Marshal (CAL FIRE-OSFM) and the State Water Resources Control Board (State Water Board).
FISCAL IMPACT: None. The fees collected will be passed through to the State.
ENVIRONMENTAL REVIEW: The action to amend the municipal fee schedule to reflect increases in state surcharge amounts is not a project subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15378, as it is an administrative activity that will not result in physical changes in the environment .
ATTACHMENTS:
• Master Fee August 2025 CUPA
• Draft Resolution- CalEPA CUPA Oversight Surcharge Change
RECOMMENDATION: Adopt a resolution amending the Master Fee Schedule to decrease the Unified Program State General Oversight Surcharge to $79.00 annually per business/facility.