Amended in Senate August 13, 2013

Amended in Senate June 20, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 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 would, begin delete except as specified end delete begin insert for calendar years 2014 and 2015 end insert , additionally exempt from the filing fees imposed on projects that are subject to CEQA begin delete a project being carried out or implemented by a branch end delete begin insert , a total of 4 projects end insert of the United States Armed Forces begin insert for each calendar year if the project applicant notifies the Governor’s Office of Planning and Research. The bill would request the United States Armed Forces to seek the appropriate approval of the United States Government to ensure that the filing fees for military projects are paid. The bill would also request the appropriate offices of the United States Armed Forces to provide the chairs of the policy and budget committees of both houses of the Legislature with a copy of any request and its response. The bill would declare the Legislature’s intent to obtain a thorough review of federal agency payment or nonpayment of fees before January 1, 2016. The bill would authorize the Legislature to request the assistance of the California Research Bureau or the Senate Office of Research with the review end insert .

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.  

The Legislature finds and declares all of the
following:

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

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

begin delete

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

end delete

SEC. 2.  

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 exists:

(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.

begin delete

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

(ii) This subparagraph shall not apply to a project of the United
States Army Corps of Engineers if the project benefits a
nonmilitary purpose, including, but not limited to, flood control.

end delete

(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 Natural 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.

begin insert

(j) (1) For calendar years 2014 and 2015, a filing fee shall not
be charged to the United States Armed Forces pursuant to this
section for up to a total of four projects per year if notification is
provided to the Governor’s Office of Planning and Research by
the project applicant.

end insert begin insert

(2) The United States Armed Forces is requested to seek the
appropriate approval of the United States Government to ensure
that the filing fees for military projects in the State of California
are paid. The appropriate offices of the United States Armed
Forces are requested to provide the chairs of the policy and budget
committees of both houses of the Legislature with a copy of any
request and its response.

end insert begin insert

(3) It is the intent of the Legislature to obtain a thorough review
of federal agency payment or nonpayment of fees pursuant to this
section and other laws before January 1, 2016. The Legislature
may request the assistance of the California Research Bureau or
the Senate Office of Research with the review.

end insert begin insert

(4) This subdivision does not limit any other requirements under
this section or under any other laws applicable to filing fees
referred to in this section.

end insert