Amended in Senate June 20, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1060


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 amended, 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 wouldbegin insert, except as specified,end insert 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:

P2    1begin insert

begin insertSECTION end insertbegin insert1.end insert  

end insert

begin insertThe Legislature finds and declares all of the
2following:end insert

begin insert

3(a) This action is necessary given the unique facts surrounding
4the review of military projects pursuant to current federal law.

end insert
begin insert

5(b) Further, the Legislature recognizes that military projects
6are necessary to ensure that California’s military installations
7have the ability to maintain and replace aging facilities to maintain
8their mission capability and their importance to national security
9as well as the significant contribution of the military to California’s
10economy.

end insert
begin insert

11(c) It is the intent of the Legislature that this action is not a
12precedent for any other person to receive an exemption for this
13fee.

end insert
14

begin deleteSECTION 1.end delete
15begin insertSEC. 2.end insert  

Section 711.4 of the Fish and Game Code is amended
16to read:

17

711.4.  

(a) The department shall impose and collect a filing fee
18in the amount prescribed in subdivision (d) to defray the costs of
19managing and protecting fish and wildlife trust resources,
20including, but not limited to, consulting with other public agencies,
21reviewing environmental documents, recommending mitigation
22measures, developing monitoring requirements for purposes of the
23California Environmental Quality Act (Division 13 (commencing
24with Section 21000) of the Public Resources Code), consulting
25pursuant to Section 21104.2 of the Public Resources Code, and
26other activities protecting those trust resources identified in the
27review pursuant to the California Environmental Quality Act.

28(b) The filing fees shall be proportional to the cost incurred by
29the department and shall be annually reviewed and adjustments
30recommended to the Legislature in an amount necessary to pay
31the full costs of department programs as specified. The department
32shall annually adjust the fees pursuant to Section 713.

33(c) (1) All project applicants and public agencies subject to the
34California Environmental Quality Act shall pay a filing fee for
35each proposed project, as specified in subdivision (d).

36(2) Notwithstanding paragraph (1), a filing fee shall not be paid
37pursuant to this section if any of the following conditionsbegin delete existend delete
38begin insert existsend insert:

P3    1(A) The project has no effect on fish and wildlife.

2(B) The project is being undertaken by the department.

3(C) The project costs are payable by the department from any
4of the following sources that are held by the department:

5(i) The Public Resources Account in the Cigarette and Tobacco
6Products Surtax Fund.

7(ii) The California Wildlife, Coastal, and Park Land
8Conservation Fund of 1988.

9(iii) The Habitat Conservation Fund.

10(iv) The Fisheries Restoration Account in the Fish and Game
11Preservation Fund.

12(v) The Commercial Salmon Stamp Account in the Fish and
13Game Preservation Fund.

14(vi) Striped bass stamp funds collected pursuant to Section 7360.

15(vii) The California Ocean Resource Enhancement Account.

16(D) The project is implemented by the department through a
17contract with either a nonprofit entity or a local government
18agency.

19(E) begin insert(i)end insertbegin insertend insert The project is being carried out or implemented by a
20branch of the United States Armed Forces.begin insert If by any act of
21Congress or any federal rule or federal regulation adopted
22pursuant to an act of Congress, the branches or a branch of the
23United States Armed Forces is authorized to pay a filing fee
24pursuant to paragraph (1), the exclusion under this clause shall
25not apply to that branch or those branches.end insert

26begin insert(ii)end insertbegin insertend insertbegin insertThis subparagraph shall not apply to a project of the United
27States Army Corps of Engineers if the project benefits a nonmilitary
28purpose, including, but not limited to, flood control.end insert

29(3) Filing fees shall be paid at the time and in the amount
30specified in subdivision (d). Notwithstanding Sections 21080.5
31and 21081 of the Public Resources Code, a project shall not be
32operative, vested, or final, and local government permits for the
33project shall not be valid, until the filing fees required pursuant to
34this section are paid.

35(d) The fees shall be in the following amounts:

36(1) For a project that is statutorily or categorically exempt from
37the California Environmental Quality Act, including those certified
38regulatory programs that incorporate statutory and categorical
39exemptions, a filing fee shall not be paid.

P4    1(2) For a project for which a negative declaration is prepared
2pursuant to subdivision (c) of Section 21080 of the Public
3Resources Code, the filing fee is one thousand eight hundred
4dollars ($1,800). A local agency collecting the filing fee shall remit
5the fee to the county clerk at the time of filing a notice of
6determination pursuant to Section 21152 of the Public Resources
7Code. A state agency collecting the filing fee shall remit the fee
8to the Office of Planning and Research at the time of filing a notice
9of determination pursuant to Section 21108 of the Public Resources
10Code.

11(3) For a project with an environmental impact report prepared
12pursuant to the California Environmental Quality Act, the filing
13fee is two thousand five hundred dollars ($2,500). A local agency
14collecting the filing fee shall remit the fee to the county clerk at
15the time of filing a notice of determination pursuant to Section
1621152 of the Public Resources Code. A state agency collecting
17the filing fee shall remit the fee to the Office of Planning and
18Research at the time of filing a notice of determination pursuant
19to Section 21108 of the Public Resources Code.

20(4) For a project that is subject to a certified regulatory program
21pursuant to Section 21080.5 of the Public Resources Code, the
22filing fee is eight hundred fifty dollars ($850). The filing fee shall
23be paid to the department before the filing of the notice of
24 determination pursuant to Section 21080.5 of the Public Resources
25Code.

26(e) The county clerk may charge a documentary handling fee
27of fifty dollars ($50) per filing in addition to the filing fee specified
28in subdivision (d).

29(1) The county clerk of each county and the Office of Planning
30and Research shall maintain a record, both electronic and in paper,
31of all environmental documents received. The record shall include,
32for each environmental document received, the name of each
33applicant or lead agency, the document filing number, the project
34name as approved by the lead agency, and the filing date. The
35record shall be made available for examination or audit by
36authorized personnel of the department during normal business
37hours.

38(2) The filing fee imposed and collected pursuant to subdivision
39(d) shall be remitted monthly to the department within 30 days
40after the end of each month. The remittance shall be accompanied
P5    1with the information required pursuant to paragraph (1). The
2amount of fees due shall be reported on forms prescribed and
3provided by the department.

4(3) The department shall assess a penalty of 10 percent of the
5amount of fees due for a failure to remit the amount payable when
6due. The department may pursue collection of delinquent fees
7through the Controller’s office pursuant to Section 12419.5 of the
8Government Code.

9(f) Notwithstanding Section 12000, failure to pay the fee under
10subdivision (d) is not a misdemeanor. All unpaid fees are a
11statutory assessment subject to collection under procedures as
12provided in the Revenue and Taxation Code.

13(g) Only one filing fee shall be paid for each project unless the
14 project is tiered or phased, or separate environmental documents
15are required.

16(h) This section does not preclude or modify the duty of the
17department to recommend, require, permit, or engage in mitigation
18activities pursuant to the California Environmental Quality Act.

19(i) The permit process of the California Coastal Commission,
20as certified by the Secretary of thebegin insert Naturalend insert Resources Agency, is
21exempt from the payment of the filing fees prescribed by paragraph
22(4) of subdivision (d) insofar as the permits are issued under any
23of the following regulations:

24(1) Subchapter 4 (commencing with Section 13136) of Chapter
255 of Division 5.5 of Title 14 of the California Code of Regulations.

26(2) Subchapter 1 (commencing with Section 13200), Subchapter
273 (commencing with Section 13213), Subchapter 3.5 (commencing
28with Section 13214), Subchapter 4 (commencing with Section
2913215), Subchapter 4.5 (commencing with Section 13238),
30Subchapter 5 (commencing with Section 13240), Subchapter 6
31(commencing with Section 13250), and Subchapter 8 (commencing
32with Section 13255.0) of Chapter 6 of Division 5.5 of Title 14 of
33the California Code of Regulations.



O

    98