California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 2 - Applications Generally › Section 2.5 - (Rule 2.5) Fees for Recovery of Costs in Preparing EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For any project where the Commission is
				  the lead agency responsible for preparing the Environmental Impact Report (EIR)
				  or Negative Declaration, the proponent shall be charged a fee to recover the
				  Commission's actual cost of preparing the EIR or Negative Declaration and of
				  monitoring construction to ensure compliance with the EIR or Negative
				  Declaration in the event that the application is approved. A deposit shall be
				  charged the proponent as set forth below:
A deposit of thirty dollars ($30) for each one thousand
					 dollars ($1,000) of the estimated capital cost of the project up to one hundred
					 thousand dollars ($100,000), ten dollars ($10) for each one thousand dollars
					 ($1,000) over one hundred thousand dollars ($100,000) and up to one million
					 dollars ($1,000,000), five dollars ($5) for each one thousand dollars ($1,000)
					 over one million dollars ($1,000,000) and up to five million dollars
					 ($5,000,000), two dollars ($2) for each one thousand dollars ($1,000) over five
					 million dollars ($5,000,000) and up to ten million dollars ($10,000,000), one
					 dollar ($1) for each one thousand dollars ($1,000) over ten million dollars
					 ($10,000,000) and up to one hundred million dollars ($100,000,000), and fifty
					 cents ($0.50) for each one thousand dollars ($1,000) over one hundred million
					 dollars ($100,000,000). A minimum deposit of five hundred dollars ($500) shall
					 be charged for projects with an estimated capital cost of sixteen thousand
					 dollars ($16,000) or less.
If a project lacks a capital cost basis, the Commission,
					 assigned Commissioner, or Administrative Law Judge shall determine, as early as
					 possible, the deposit to be charged.
(b) The deposit shall be collected whenever
				  an EIR or Negative Declaration is requested or required. The costs of preparing
				  the EIR or Negative Declaration shall be paid from such deposits.
(c) Proponent shall pay the applicable
				  deposit in progressive payments due as follows: One-third of the deposit at the
				  time the application or pleading is filed, an additional one-third no later
				  than 120 days after the time the application or pleading is filed, and the
				  remaining one-third no later than 180 days after the time the application or
				  pleading is filed. Failure to remit full payment of the deposit no later than
				  180 days after the time the application or pleading is filed may subject the
				  proponent to a fine not exceeding 10 percent of the outstanding amount due. If
				  the costs exceed such deposit the proponent shall pay for such excess costs
				  within 20 days of the date stated on the Commission's bill for any excess
				  costs. If the costs are less than the deposit paid by the proponent, the excess
				  shall be refunded to the proponent.
1.
					 Renumbering and amendment of former section
					 7 to new section
					 2.5 filed 10-19-98; designated
					 effective 1-1-98 by Decision 97-12-043. Submitted to OAL for printing only
					 (Register 98, No. 43).
2. Repealer of former section
					 2.5 and renumbering of portion of
					 former section
					 17 to section
					 2.5, including amendment of
					 section heading, section and NOTE filed 9-13-2006; operative 9-13-2006 pursuant
					 to Government Code section
					 11351(a)
					 (Register 2006, No. 37).
3. Amendment of subsection (a) filed
					 5-9-2011; operative 6-8-2011. Submitted to OAL for limited review pursuant to
					 Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2011, No. 19).
4. Amendment of subsection (a) and
					 amendment of NOTE filed 3-15-2021; operative 5-1-2021 pursuant to Government
					 Code section
					 11343.4(b)(3).
					 Submitted to OAL for limited review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2021, No. 12).
Note: Authority cited: Section
						701,
						Public Utilities Code. Reference: Section
						701,
						Public Utilities Code.