BILL ANALYSIS �
AB 1060
Page 1
Date of Hearing: April 15, 2013
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 1060 (Fox) - As Introduced: February 22, 2013
SUBJECT : California Environmental Quality Act: filing fees:
exemptions
SUMMARY : Adds U.S. military projects to the list of projects
exempt from paying filing fees to the Department of Fish and
Wildlife (DFW) to defray the cost of DFW managing and protecting
fish and wildlife trust resources in connection with the
requirements of CEQA.
EXISTING LAW :
1)Under CEQA, requires lead agencies with the principal
responsibility for carrying out or approving a proposed
project to prepare a negative declaration, mitigated negative
declaration, or environmental impact report (EIR) for this
action, unless the project is exempt from CEQA.
2)Under the Fish and Game Code, requires project applicants and
public agencies to pay a filing fee for certain proposed
projects to defray DFW review costs. A filing fee shall not
be paid if any of the following conditions exist:
a) The project has no effect on fish and wildlife.
b) The project is being undertaken by DFW.
c) The project costs are payable by DFW from specified
funds held by DFW.
d) The project is implemented by DFW through a contract
with either a nonprofit entity or a local government
agency.
e) The project is statutorily or categorically exempt from
CEQA.
3)The filing fees, which range from $1018 to $2995, must be paid
to the county clerk or the Office of Planning Research when
filing a notice of determination (NOD) pursuant to
AB 1060
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requirements relating to the filing of NODs with those
entities.
THIS BILL adds a project carried out or implemented by a branch
of the United States Armed Forces to the list of projects exempt
from payment of DFW filing fees.
FISCAL EFFECT : Unknown
COMMENTS :
According to the author, the current filing fee requirement
poses a problem for the military as they are legally prohibited
from paying a filing fee to DFW. Federal law limits states'
regulatory authority over federal projects and, as a result
federal entities are not authorized to pay fees pursuant to
CEQA. As a project applicant, the military regularly seeks to
develop water projects for which a Regional Water Quality
Control Board acts as the lead agency. Because the military is
unable to pay the filing fee to DFW, this state requirement has
resulted in unnecessary delays to federal water projects and in
some cases has resulted in the Regional Board having to pay for
the DFW fee, despite limited funds.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on fie
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092