California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 1 - General Provisions › Section 3833.1 - Annual Fees for FERC Licensed Hydroelectric Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each applicant seeking water quality certification for an activity that
				  includes, or involves construction or modification of facilities for the
				  purpose of, producing hydroelectric power, where the activity or facilities
				  require the issuance or amendment of a FERC license, shall pay an annual fee in
				  accordance with this section.
(b)
(1) An annual fee calculated pursuant to
				  paragraphs (4) and (5) shall apply in each fiscal year (July 1 through June 30)
				  during or after the year in which review in anticipation of consideration of
				  certification is initiated as specified in paragraph (2) and until and
				  including the fiscal year in which certification and related federal
				  proceedings are complete as specified in paragraph (3).
(2) Review in anticipation of consideration
				  of certification shall be deemed to have been initiated when any of the
				  following occurs or has occurred:
(A) A
				  notice of intent is filed pursuant to
				  18 CFR §
													5.5 or
				  18 CFR §
													16.6.
(B) Consultation is initiated pursuant to
				  18 CFR §
													4.38.
(C) An application for water quality
				  certification is filed.
(3) Certification and related proceedings
				  shall be deemed to have been completed when any of the following occurs:
(A) FERC issues or denies the license or
				  license amendment for which review in anticipation of consideration of
				  certification was initiated.
(B)
				  FERC determines that no license, other than a license already in effect, or
				  license amendment is required.
(C)
				  The applicant abandons the proposed activity, including withdrawal or surrender
				  of any applicable notification of intent, FERC preliminary permit, FERC license
				  application, or other application for FERC approval.
(4) The annual fee shall be $1,000 plus
				  $0.717 per kilowatt, based on the authorized or proposed installed generating
				  capacity of the hydroelectric facility.
(A) In
				  the case of an application for an original, new or subsequent license, as those
				  terms are used in Parts 4, 5 and 16 of Title 18 of the CFR, the annual fee
				  shall be based on the installed generating capacity of the facility as proposed
				  in the notification of intent, application for FERC license, application for
				  certification, or existing license that is proposed for takeover or
				  relicensing, whichever is greatest.
(B) In the case of a proposed amendment to an
				  existing FERC license, the component of the fee based on installed generating
				  capacity shall be based on the amount by which the installed generating
				  capacity of the hydroelectric facility would be increased by the proposed
				  amendment.
(5) If an
				  applicant for certification has paid any deposit pursuant to subdivision (b) of
				  section 3833 as that subdivision was in
				  effect before January 1, 2004, the state board shall credit against the annual
				  fee specified in paragraph (4) any portion of that deposit that was for costs
				  incurred after June 30, 2003. If an applicant for certification was required to
				  pay but did not pay any deposit pursuant to subdivision (b) of section
				  3833 as that subdivision was in
				  effect before January 1, 2004, the annual fee shall include any unpaid deposit,
				  less any portion of that unpaid deposit that was for costs incurred after June
				  30, 2003, in addition to the annual fee specified in paragraph (4).
(6) If an application for certification is
				  filed for an activity for which no annual fees have previously been imposed,
				  the annual fee shall be due upon filing of the application for certification,
				  and shall be paid to the state board. In all other cases, the annual fee shall
				  become due thirty days after the State Board of Equalization gives notice of
				  the fee, and shall be paid to the State Board of
				  Equalization.