CUPA Performance Evaluation
California Health and Safety Code Section 25404.4 requires the Secretary for the California Environmental Protection Agency to periodically review and assess the ability of each Certified Unified Program Agency (CUPA) to continually meet the intent of the law: coordination, consolidation, and consistency in implementation and enforcement of all Unified Program elements. There are approximately 30 performance evaluations completed each fiscal year.
The CUPA performance evaluation process is defined in Title 27 of the California Code of Regulations, Article 8, Section 15330. Each CUPA performance evaluation is conducted by an evaluation team comprised of representative staff from each state agency with Unified Program responsibilities (CalEPA, Cal OES, OSFM, DTSC, and State Water Board). The evaluation team uses a spectrum of performance measures and criteria and data entered in the California Environmental Reporting System (CERS) to conduct the assessment. The evaluation may include a site visit to the CUPA office to examine local program procedures, program documentation and observations of field inspections. Final performance evaluation results include identified deficiencies, associated corrective actions and time frames for correction, observations and notes of outstanding efforts. The CUPA and state agency representatives agree upon the aspects of the final performance evaluation.
CUPA performance evaluation findings are classified as: Meets or Exceeds Standards, Satisfactory with Improvement Needed, or Unsatisfactory with Improvement Needed. If a CUPA is not currently achieving success in meeting the Unified Program requirements prescribed in the statute and regulations, the concluded performance evaluation will offer guidance and assistance for program improvement. As a CUPA makes progress in correcting identified deficiencies, the evaluation findings will be revised accordingly to reflect the overall improvement of the CUPA in implementing the Unified Program.
Performance Evaluation Documents
Performance Evaluation documents for CUPAs can be requested at CUPA@calepa.ca.gov.
Performance Evaluation Survey
CalEPA is committed to continuous improvement of the CUPA performance evaluation process and has developed a survey PDF Format for CUPAs to complete and provide feedback on the recent performance evaluation experiences.
Performance Evaluation Checklists
The following performance evaluation checklists may be used as guidance for a CUPA to prepare for a performance evaluation or to conduct a self-audit for implementation of the Unified Program. These checklists are used by the evaluation team to aid in conducting a consistent assessment by ensuring the same documentation is examined during each CUPA evaluation.
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California Environmental Protection Agency
Department of Toxic Substances Control
Governor’s Office of Emergency Services (Cal OES)
State Water Resources Control Board
Office of the State Fire Marshal
- Evaluation of Hazardous Materials Management Plan/Hazardous Materials Inventory Statement and Aboveground Storage Tank Programs
Compendium of CUPA Performance Standards
In an effort to consolidate and make all CUPA requirements more accessible, a compendium of CUPA Performance Standards has been created. The compendium has been used as a tool to aid in finding a specific standard or citation, as a checklist in ensuring that an agency meets all applicable standards and as a reference for deficiencies noted during performance evaluations of CUPAs. There are currently two variations of the Compendium, one organized by program element, and one organized by performance standard. Each version of the compendium is numbered identically, and includes italicized language that seeks to provide guidance for the user in finding like or similar standards or requirements.
- The first version of the Compendium is organized by program element (e.g. HMMP or UST), with subcategories for each performance standard (e.g. inspections, permitting).
- The second version of the Compendium is organized by performance standard (e.g. inspections, permitting) regardless of program element.