Bill Text: CA AB1060 | 2013-2014 | Regular Session | Amended

California Assembly Bill 1060 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Energy Resources Conservation and Development Commission.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-10-07 - Chaptered by Secretary of State - Chapter 621, Statutes of 2013. [AB1060 Detail]

Download: California-2013-AB1060-Amended.html

BILL NUMBER: AB 1060	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 6, 2013
	AMENDED IN SENATE  AUGUST 13, 2013
	AMENDED IN SENATE  JUNE 20, 2013

INTRODUCED BY   Assembly  Member   Fox
  Members   Fox   and V. Manuel P�rez


                        FEBRUARY 22, 2013

   An act  to amend Section 711.4 of the Fish and Game Code,
relating to environmental quality.   relating to the
  Energy Resources Conservation and Development Commission,
and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1060, as amended, Fox.  Environmental quality:
California Environmental Quality Act: filing fees: exemptions.
  Energy Resources Conservation and Development
Commission   .  
   The Budget Act of 2012 appropriated $12,435,000 from the Renewable
Resource Trust Fund for the support of the Energy Resources
Conservation and Development Commission during the 2012-13 fiscal
year.  
   This bill would reappropriate $3,658,848 of that $12,435,000
amount to the commission and extend the period in which the
reappropriated funds may be encumbered or expended to June 30, 2014.
 
   Existing law requires the Department of Fish and Wildlife to
impose and collect filing fees, in prescribed amounts, to defray the
costs of managing and protecting fish and wildlife trust resources,
including consulting with other public agencies, reviewing
environmental documents, recommending mitigation measures, developing
monitoring requirements for purposes of the California Environmental
Quality Act (CEQA), consulting, and other activities protecting
specified trust resources. Existing law exempts certain specified
projects from those filing fees that are imposed on projects subject
to CEQA.  
   This bill would, for calendar years 2014 and 2015, additionally
exempt from the filing fees imposed on projects that are subject to
CEQA, a total of 4 projects of the United States Armed Forces for
each calendar year if the project applicant notifies the Governor's
Office of Planning and Research. The bill would request the United
States Armed Forces to seek the appropriate approval of the United
States Government to ensure that the filing fees for military
projects are paid. The bill would also request the appropriate
offices of the United States Armed Forces to provide the chairs of
the policy and budget committees of both houses of the Legislature
with a copy of any request and its response. The bill would declare
the Legislature's intent to obtain a thorough review of federal
agency payment or nonpayment of fees before January 1, 2016. The bill
would authorize the Legislature to request the assistance of the
California Research Bureau or the Senate Office of Research with the
review. 
   Vote:  majority   2/3  . Appropriation:
 no   yes  . Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Three million six hundred fifty-eight
thousand eight hundred forty-eight dollars ($3,658,848) of the amount
appropriated in Item 3360-001-0382 of Section 2.00 of the Budget Act
of 2012 (Chs. 21 and 29, Stats. 2012) is hereby reappropriated 
 from the Renewable Resource Trust Fund for the support of the
Energy Resources Conservation and Development Commission and is
available for encumbrance or expenditure until June 30, 2014. 

  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) This action is necessary given the unique facts surrounding
the review of military projects.
   (b) Further, the Legislature recognizes that military projects are
necessary to ensure that California's military installations have
the ability to maintain and replace aging facilities to maintain
their mission capability and their importance to national security as
well as the significant contribution of the military to California's
economy.  
  SEC. 2.    Section 711.4 of the Fish and Game Code
is amended to read:
   711.4.  (a) The department shall impose and collect a filing fee
in the amount prescribed in subdivision (d) to defray the costs of
managing and protecting fish and wildlife trust resources, including,
but not limited to, consulting with other public agencies, reviewing
environmental documents, recommending mitigation measures,
developing monitoring requirements for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), consulting pursuant to Section
21104.2 of the Public Resources Code, and other activities protecting
those trust resources identified in the review pursuant to the
California Environmental Quality Act.
   (b) The filing fees shall be proportional to the cost incurred by
the department and shall be annually reviewed and adjustments
recommended to the Legislature in an amount necessary to pay the full
costs of department programs as specified. The department shall
annually adjust the fees pursuant to Section 713.
   (c) (1) All project applicants and public agencies subject to the
California Environmental Quality Act shall pay a filing fee for each
proposed project, as specified in subdivision (d).
   (2) Notwithstanding paragraph (1), a filing fee shall not be paid
pursuant to this section if any of the following conditions exists:
   (A) The project has no effect on fish and wildlife.
   (B) The project is being undertaken by the department.
   (C) The project costs are payable by the department from any of
the following sources that are held by the department:
   (i) The Public Resources Account in the Cigarette and Tobacco
Products Surtax Fund.
   (ii) The California Wildlife, Coastal, and Park Land Conservation
Fund of 1988.
   (iii) The Habitat Conservation Fund.
   (iv) The Fisheries Restoration Account in the Fish and Game
Preservation Fund.
   (v) The Commercial Salmon Stamp Account in the Fish and Game
Preservation Fund.
   (vi) Striped bass stamp funds collected pursuant to Section 7360.
   (vii) The California Ocean Resource Enhancement Account.
   (D) The project is implemented by the department through a
contract with either a nonprofit entity or a local government agency.

   (3) Filing fees shall be paid at the time and in the amount
specified in subdivision (d). Notwithstanding Sections 21080.5 and
21081 of the Public Resources Code, a project shall not be operative,
vested, or final, and local government permits for the project shall
not be valid, until the filing fees required pursuant to this
section are paid.
   (d) The fees shall be in the following amounts:
   (1) For a project that is statutorily or categorically exempt from
the California Environmental Quality Act, including those certified
regulatory programs that incorporate statutory and categorical
exemptions, a filing fee shall not be paid.
   (2) For a project for which a negative declaration is prepared
pursuant to subdivision (c) of Section 21080 of the Public Resources
Code, the filing fee is one thousand eight hundred dollars ($1,800).
A local agency collecting the filing fee shall remit the fee to the
county clerk at the time of filing a notice of determination pursuant
to Section 21152 of the Public Resources Code. A state agency
collecting the filing fee shall remit the fee to the Office of
Planning and Research at the time of filing a notice of determination
pursuant to Section 21108 of the Public Resources Code.
   (3) For a project with an environmental impact report prepared
pursuant to the California Environmental Quality Act, the filing fee
is two thousand five hundred dollars ($2,500). A local agency
collecting the filing fee shall remit the fee to the county clerk at
the time of filing a notice of determination pursuant to Section
21152 of the Public Resources Code. A state agency collecting the
filing fee shall remit the fee to the Office of Planning and Research
at the time of filing a notice of determination pursuant to Section
21108 of the Public Resources Code.
   (4) For a project that is subject to a certified regulatory
program pursuant to Section 21080.5 of the Public Resources Code, the
filing fee is eight hundred fifty dollars ($850). The filing fee
shall be paid to the department before the filing of the notice of
determination pursuant to Section 21080.5 of the Public Resources
Code.
   (e) The county clerk may charge a documentary handling fee of
fifty dollars ($50) per filing in addition to the filing fee
specified in subdivision (d).
   (1) The county clerk of each county and the Office of Planning and
Research shall maintain a record, both electronic and in paper, of
all environmental documents received. The record shall include, for
each environmental document received, the name of each applicant or
lead agency, the document filing number, the project name as approved
by the lead agency, and the filing date. The record shall be made
available for examination or audit by authorized personnel of the
department during normal business hours.
   (2) The filing fee imposed and collected pursuant to subdivision
(d) shall be remitted monthly to the department within 30 days after
the end of each month. The remittance shall be accompanied with the
information required pursuant to paragraph (1). The amount of fees
due shall be reported on forms prescribed and provided by the
department.
   (3) The department shall assess a penalty of 10 percent of the
amount of fees due for a failure to remit the amount payable when
due. The department may pursue collection of delinquent fees through
the Controller's office pursuant to Section 12419.5 of the Government
Code.
   (f) Notwithstanding Section 12000, failure to pay the fee under
subdivision (d) is not a misdemeanor. All unpaid fees are a statutory
assessment subject to collection under procedures as provided in the
Revenue and Taxation Code.
   (g) Only one filing fee shall be paid for each project unless the
project is tiered or phased, or separate environmental documents are
required.
   (h) This section does not preclude or modify the duty of the
department to recommend, require, permit, or engage in mitigation
activities pursuant to the California Environmental Quality Act.
   (i) The permit process of the California Coastal Commission, as
certified by the Secretary of the Natural Resources Agency, is exempt
from the payment of the filing fees prescribed by paragraph (4) of
subdivision (d) insofar as the permits are issued under any of the
following regulations:
   (1) Subchapter 4 (commencing with Section 13136) of Chapter 5 of
Division 5.5 of Title 14 of the California Code of Regulations.
   (2) Subchapter 1 (commencing with Section 13200), Subchapter 3
(commencing with Section 13213), Subchapter 3.5 (commencing with
Section 13214), Subchapter 4 (commencing with Section 13215),
Subchapter 4.5 (commencing with Section 13238), Subchapter 5
(commencing with Section 13240), Subchapter 6 (commencing with
Section 13250), and Subchapter 8 (commencing with Section 13255.0) of
Chapter 6 of Division 5.5 of Title 14 of the California Code of
Regulations.
   (j) (1) For calendar years 2014 and 2015, a filing fee shall not
be charged to the United States Armed Forces pursuant to this section
for up to a total of four projects per year if notification is
provided to the Governor's Office of Planning and Research by the
project applicant.
   (2) The United States Armed Forces is requested to seek the
appropriate approval of the United States Government to ensure that
the filing fees for military projects in the State of California are
paid. The appropriate offices of the United States Armed Forces are
requested to provide the chairs of the policy and budget committees
of both houses of the Legislature with a copy of any request and its
response.
   (3) It is the intent of the Legislature to obtain a thorough
review of federal agency payment or nonpayment of fees pursuant to
this section and other laws before January 1, 2016. The Legislature
may request the assistance of the California Research Bureau or the
Senate Office of Research with the review.
   (4) This subdivision does not limit any other requirements under
this section or under any other laws applicable to filing fees
referred to in this section.