California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Appendices › Appendix M - Commission Permit Application Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All applicants for a Commission permit, permit amendment
				  or amendment to an application shall submit as part of the application an
				  application fee as identified in the following sections.
(b) Permit Application Fees.
(1) Except as provided in subparagraph (b)(2), the following
				  permit application fees shall be effective until June 30, 2026 or until the
				  Executive Director recalculates the fees under subsection (c), whichever is
				  later.
Type of Permit
						  Application
Application Fee
						  2020-2026
Abbreviated Regionwide Permit
$200
Regionwide Permit
$200
Time Extension for any permit
$300
Nonmaterial Amendment To an Administrative Permit Other
						  Than a Time Extension With a Total Project Cost (TPC) of:
-Less than $5,000
$200
-$5,000 to $50,000
$300
-$50,001 to $100,000
$400
-$100,001 to $600,000
$600
-$600,001 to $100 million
0.10% of TPC
-more than $100 million
$200,000
Nonmaterial Amendment To a Major Permit Other Than a
						  Time Extension With a TPC of:
-Less than $5,000
$200
-$5,000 to $50,000
$300
-$50,001 to $100,000
$400
-$100,000 to $600,000
$1,200
-$600,001 to $100 million
0.20% of TPC
-more than $100 million
$200,000
Material Amendment to permit
Same as for first
						  time application
Material Amendment to application
75% of
						  original application fee
Emergency Permit
Same as for project as if not
						  an emergency
Administrative Permit with a total project cost (TPC)
						  of:
-Less than $5,000
$300
-$5,000 to $50,000
$350
-$50,001 to $100,000
$700
-$100,001 to $600,000
$2,100
-$600,001 to $10 million
0.24% of TPC
-$10,000,001 to $50 million
$24,000 or 0.20% of
						  TPC, whichever is greater
-$50,000,001 to $100 million
$100,000 or 0.16%
						  of TPC, whichever is greater
-$100,000,001 to $300 million
$160,000 or 0.12%
						  of TPC, whichever is greater
-$300,000,001 to $600 million
$360,000 or 0.08%
						  of TPC, whichever is greater
-more than $600 million
$480,000
Major Permit with a total project cost (TPC)
						  of:
-Less than $50,000
$700
-$50,000 to $100,000
$1,400
-$100,001 to $200,000
$1,800
-$200,001 to $300,000
$2,200
-$300,001 to $600,000
$2,400
-$600,001 to $10 million
0.40% of TPC
-$10,000,001 to $50 million
$40,000 or 0.34% of
						  TPC, whichever is greater
-$50,000,001 to $100 million
$170,000 or 0.28%
						  of TPC, whichever is greater
-$100,000,001 to $300 million
$280,000 or 0.22%
						  of TPC, whichever is greater
-$300,000,001 to $600 million
$660,000 or 0.16%
						  of TPC, whichever is greater
-more than $600 million
$1,200,000
(2) From the effective date of this regulation or July 1,
				  2020, whichever is later, through June 30, 2022, permit application fees shall
				  be 75% of the amounts stated in subparagraph (b)(1). All fees calculated under
				  this subparagraph (b)(2) shall be rounded up to the nearest dollar.
(c) Calculation of Permit Fees for Subsequent Years.
(1) For the three-year period ending on June 30, 2025, and
				  thereafter for the four-year period ending on June 30, 2029 and for each
				  subsequent four-year period, the Commission will calculate:
(A) the average fiscal year revenue generated from fees
				  collected over the prior three years;
(B) the highest fiscal year total regulatory program costs
				  (TRP) over the prior three years;
(C) forty percent of the highest TRP ("target
				  revenue").
(2) If the average revenue generated from fees is within five
				  percent of the target revenue, then the Executive Director will not recalculate
				  new fees according to the method specified in subparagraph (c)(4) and the
				  existing fees shall remain in effect until the Executive Director next
				  recalculates new fees as provided in subparagraph (c)(1).
(3) If the average revenue generated from fees is more than
				  five percent higher or lower than the target revenue, then the Executive
				  Director will calculate new fees according to the method specified in
				  subparagraph (c)(4).
(4) Calculation Method. If new fees will be calculated
				  pursuant to subparagraph (c)(3), the Executive Director shall use the following
				  method.
(A) No earlier than September 1 and no later than December 31
				  of 2025, and in four-year increments thereafter, the Executive Director shall
				  calculate the fees that will apply to applications received in the following
				  four fiscal years.
(B) The fees shall be calculated in the following way:
(i) Divide the target revenue derived from subparagraph
				  (c)(1)(C) by the average revenue generated from fees derived from subparagraph
				  (c)(1)(A). This is the adjustment factor.
(ii) Adjust the permit application fees by multiplying each
				  fee by the adjustment factor.
(5) The "total regulatory program costs" (TRP) shall be based
				  on the amount of revenue appropriated to support the Commission's regulatory
				  program in the Budget Act for that fiscal year. The total regulatory program
				  costs shall be calculated by: (A) identifying the direct costs for employee
				  compensation, contracts, and equipment and facilities that are allocated to the
				  Commission's permit and enforcement activities; (2) adding to the direct costs
				  the indirect costs such as administrative, legal, and other support allocated
				  to the regulatory program; and (3) subtracting any reimbursements, grants,
				  abatements or other income received to support regulatory program
				  activities.
(6) The adjusted fees shall be effective on July 1 of the
				  following calendar year and shall remain effective for four years or until the
				  Executive Director calculates the new fees, whichever is later. All calculated
				  figures shall be rounded up to the nearest dollar.
(d) Total Project Cost.
(1) "Total project cost," means all expenditures, including
				  the cost for planning, engineering, architectural, and other services, made or
				  to be made for designing the project plus the estimated cost of construction of
				  all aspects of the project both inside and outside the Commission's
				  jurisdiction.
(2) The total project cost for an amendment to a permit shall
				  consist of only the total project cost of the subject matter of the amendment
				  application.
(3) The Commission shall use the cost stated by the applicant
				  in the application to BCDC to determine the total project cost unless the
				  Executive Director determines that the amount stated does not appear to include
				  the total project or to reflect accurately all project costs.
(4) Whenever the Executive Director determines that the
				  stated project cost does not appear to include the total project cost or to
				  reflect accurately all project costs, he or she shall return the application
				  unfiled and state his or her reasons for concluding that the total project is
				  not included or why the stated cost does not accurately reflect all project
				  costs or the Executive Director shall hold the application unfiled until the
				  applicant verifies the total cost figures by having an estimator selected by
				  the Executive Director and prepaid by the applicant review and certify as
				  complete and accurate all project costs.
(e) Fee Reduction for Project Costs Paid by a Grant from the
				  San Francisco Bay Restoration Authority. For an application for a Major Permit,
				  an Administrative Permit, or a Material Amendment to a Major or Administrative
				  Permit for a project for which all or a portion of the Total Project Cost would
				  be paid with a grant from the San Francisco Bay Restoration Authority from Bay
				  Area Regional Measure AA (2016) funds, the amount of such grant shall be
				  subtracted from the Total Project Cost and the difference shall be used in
				  determining the permit application fee under section (b).
(f) When Fees are to be Paid. All fees shall be paid before
				  the Executive Director files a permit application. No fees shall be charged for
				  preliminary inquiries and requests for information prior to the filing of an
				  application.
(g) Refunds.
(1) A $200 refund of an administrative permit application fee
				  shall be made if the application is withdrawn prior to the mailing of the
				  administrative listing for the application. No refund shall be made for an
				  administrative permit application after listing.
(2) For all other fees, the first $400 hundred dollars is not
				  refundable and the remainder shall be refunded if the application is withdrawn
				  prior to mailing notice of a public hearing either on whether the application
				  is complete or on whether the project is consistent with the applicable
				  Commission policies but shall not be refunded after the notice of the public
				  hearing has been mailed.
(h) Fees in Special Circumstances.
(1) The fee for resubmitting an application that had earlier
				  been denied by the Commission or withdrawn by the applicant before a Commission
				  vote shall be seventy-five percent (75%) of the fee that would be charged for a
				  new application covering the same work. Such fee shall be in addition to the
				  fee charged for the original application.
(i) Fees for Applications Arising from an Enforcement
				  Investigation.
(1) The Commission shall double all relevant application fees
				  if the Executive Director determines that the applicant submitted the
				  application in response to an investigation by the staff or the Commission of a
				  possible violation of the McAteer-Petris Act, the Suisun Marsh Preservation
				  Act, or the terms or conditions of a permit.
(2) Applications shall be presumed to have arisen out of an
				  enforcement investigation if the staff prepared a written enforcement report
				  prior to the applicant presenting the application for filing.
(j) Appeal of Fee Determination.
(1) Any person who believes a fee charged is not correct
				  under these regulations may appeal to the Commission any objection that the
				  applicant, the Executive Director, and the Chair cannot resolve.
(2) Pending resolution of the amount of the fee, the
				  applicant shall pay the fee that the Executive Director assesses and shall file
				  a letter explaining why the fee is incorrect.
(3) When an applicant appeals a fee, the Commission shall
				  determine the correct fee at the time it votes on the application or at the
				  time for commenting on the administrative listing, whichever
				  applies.
1. New
				  Appendix M (combination and amendment of former sections
				  10330-10338) filed 11-20-91;
				  operative 12-20-91 (Register 92, No. 8).
2. Amendment of Appendix M
				  and amendment of NOTE filed 10-14-2004; operative 10-14-2004 pursuant to
				  Government Code section
				  11343.4
				  (Register 2004, No. 42).
3. Amendment of Appendix M and NOTE filed
				  12-11-2008; operative 1-10-2009 (Register 2008, No. 50).
4.
				  Amendment of Appendix M filed 4-13-2020; operative 7-1-2020 (Register 2020, No.
				  16).
5. Change without regulatory effect relocating Appendix M from
				  chapter 17 to chapter 24 filed 12-31-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 1). (OAL review extended 60 calendar days
				  pursuant to Executive Order N-40-20.)
Note: Authority cited: Section
					 66632(f),
					 Government Code; and Section
					 29201(e),
					 Public Resources Code. Reference: Sections
					 66632(b)
					 and
					 66632(c),
					 Government Code; and Section
					 29520(b),
					 Public Resources Code.