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

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

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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-Introduced.html

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BILL NUMBER: AB 1060	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fox

                        FEBRUARY 22, 2013

   An act to amend Section 711.4 of the Fish and Game Code, relating
to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1060, as introduced, Fox. Environmental quality: California
Environmental Quality Act: filing fees: exemptions.
   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 additionally exempt from the filing fees imposed
on projects that are subject to CEQA a project being carried out or
implemented by a branch of the United States Armed Forces.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  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 exist:
   (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.

   (E) The project is being carried out or implemented by a branch of
the United States Armed Forces. 
   (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 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.