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Cal. Health & Safety Code § 100860.1

Environmental Laboratories

Redline — January 1, 2011 → current.View current text →
Current — January 1, 2015
As of January 1, 2011
(a) At the time of application and annually thereafter, from the date of the issuance of the certificate, a laboratory shall pay an ELAP certification fee. This fee shall consist of a base or administrative fee and a fee for each of the ELAP fields of testing listed below for which the laboratory has requested ELAP certification. These fees shall be nonrefundable and adopted in regulations, and shall be sufficient to allow the ELAP program to be fully fee-supported. The fields of testing for ELAP certification and their code numbers are the following:
(a) At the time of application for ELAP certification and annually thereafter, from the date of the issuance of the certificate, a laboratory shall pay an ELAP certification fee, according to the fee schedule established by the State Water Resources Control Board pursuant to Section 100829.
(E101) Microbiology of drinking water.
(E102) Inorganic chemistry of drinking water.
(E103) Toxic chemical elements of drinking water.
(E104) Volatile organic chemistry of drinking water.
(E105) Semi-volatile organic chemistry of drinking water.
(E106) Radiochemistry of drinking water.
(E107) Microbiology of wastewater.
(E108) Inorganic chemistry of wastewater.
(E109) Toxic chemical elements of wastewater.
(E110) Volatile organic chemistry of wastewater.
(E111) Semi-volatile organic chemistry of wastewater.
(E112) Radiochemistry of wastewater.
(E113) Whole effluent toxicity of wastewater.
(E114) Inorganic chemistry and toxic chemical elements of hazardous waste.
(E115) Extraction test of hazardous waste.
(E116) Volatile organic chemistry of hazardous waste.
(E117) Semi-volatile organic chemistry of hazardous waste.
(E118) Radiochemistry of hazardous waste.
(E119) Toxicity bioassay of hazardous waste.
(E120) Physical properties of hazardous waste.
(E121) Bulk asbestos analysis of hazardous waste.
(E122) Microbiology of food.
(E123) Inorganic chemistry and toxic chemical elements of pesticide residues in food.
(E124) Organic chemistry of pesticide residues in food (measurements by MS techniques).
(E125) Organic chemistry of pesticide residues in food (excluding measurements by MS techniques).
(E126) Microbiology of recreational water.
(E127) Air quality monitoring.
(E128) Shellfish sanitation.
(b) In addition to the payment of ELAP certification fees, laboratories located outside the State of California shall reimburse the department for travel and per diem necessary to perform onsite inspections.
(c) If reciprocity with another jurisdiction is established by regulation as described in Section 100830, the regulations may provide for the waiver of certification fees for program activities considered equivalent.
(d) Fees collected under this section shall be adjusted annually as specified in Section 100425. The adjustment shall be rounded to the nearest whole dollar. It is the intent of the Legislature that the programs operated under this article be fully fee-supported.
(e) State and local government-owned laboratories in California established under Section 101150 or performing work only in a reference capacity as a reference laboratory are exempt from the payment of the fee prescribed under subdivision (a).
(b) State and local government-owned laboratories in California performing work only in a reference capacity as a reference laboratory are exempt from the payment of the fees prescribed pursuant to Section 100829.
(f) In addition to the payment of certification fees, laboratories certified or applying for certification in fields of testing for pesticide residues in food shall pay a fee directly to the designated proficiency testing provider for the cost of each proficiency testing sample set.
(c) In addition to the payment of fees authorized by Section 100829, laboratories certified or applying for certification shall pay directly to the designated proficiency testing provider the cost of the proficiency testing study.
(g) In addition to the payment of certification fees, laboratories certified or applying for certification shall pay directly to the designated proficiency testing provider the cost of the proficiency testing study.
(h) For the purpose of this section, a reference laboratory is a laboratory owned and operated by a governmental regulatory agency for the principal purpose of analyzing samples referred by other laboratories for confirmatory analysis. Reference laboratories carry out quality assurance functions for other laboratories and may carry out unusual, highly specialized, and difficult analyses not generally available through commercial laboratories, and a limited number of routine analyses, for regulatory purposes only, and without assessing per-sample fees for the services.
(d) For the purpose of this section, a reference laboratory is a laboratory owned and operated by a governmental regulatory agency for the principal purpose of analyzing samples referred by another governmental regulatory agency or another laboratory for confirmatory analysis.
(i) This section shall become operative January 1, 2002.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.