AB 1047, as introduced, Bigelow. Dams and reservoirs: fees.
Existing law requires the Department of Water Resources to adopt, by regulation, a schedule of fees to cover the department’s costs in carrying out the supervision of dam safety.
This bill would make nonsubstantive changes in those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6307 of the Water Code is amended to
2read:
(a) (1) The department shall adopt, by regulation, a
4schedule of fees to cover the department’s costs in carrying out
5the supervision of dam safety.
6(2) The revenue generated by the fees imposed under this section
7shall be adjusted periodically for cost-of-living increases. If the
8director determines that the revenue collected during the preceding
9fiscal year was greater or less than the cost to operate the program,
10the director shall adjust the fees to compensate for the
11overcollection or undercollection of revenue. The department shall
12provide a schedule of fees to the Legislature and to every dam
P2 1owner that has a permit or has applied for a permit, when any
2adjustment is made to the fees under this
section.
3(b) (1) An annual fee shall be paid on or before January 31,
42004, July 1, 2004, and on or before July 1 of each succeeding
5year, based upon a fixed rate and height of the dam, including all
6enlargements thereto, substantially completed by or in operation
7on June 30, 2003, and on June 30 of each succeeding year. The
8fees collected on December 31, 2003, will be credited toward the
9fees due January 31, 2004. The annual fee shall be four hundred
10dollars ($400) per dam, plus one hundred ten dollars ($110) per
11foot of height. This fee shall be periodically adjusted, as described
12in subdivision (a).
13(2) A penalty plus interest, as set forth in Sectionbegin delete 6428 of the begin insert 6428,end insert
shall be imposed for fees received after July 1
14Water Code,end delete
15in any year, except that for the year 2003, the penalty plus interest
16shall be imposed for any fees received after January 31, 2004.
17(c) For the purposes of this section, “height of the dam” means
18the vertical distance, to the nearest foot, from the natural bed of
19the stream or watercourse at the downstream toe of the barrier, as
20determined by the department, or from the lowest elevation of the
21outside limit of the barrier, as determined by the department, if it
22is not across a stream channel or watercourse, to the maximum
23possible water storage elevation.
24(d) Notwithstanding subdivision (b), the department shall limit
25the total annual fee per dam to not more than seventy-five dollars
26($75) if both of the following apply:
27(1) The dam has a storage capacity of not more
than 100
28acre-feet.
29(2) The governing body of a private school or the governing
30board of a public school certifies that the dam is used as a subject
31of study by its students.
32(e) (1) Notwithstanding subdivision (b), the department shall
33limit the total annual fee for dams or reservoirs located on farms
34or ranch properties to one hundred fifty dollars ($150) per dam,
35and sixteen dollars ($16) per foot of height.
36(2) For purposes of this subdivision, “farm” has the same
37meaning as defined in Section 52262 of the Food and Agricultural
38Code.
P3 1(f) (1) Privately owned dams with less than 100 acre-feet of
2storage capacity shall be assessed an annual fee in accordance with
3paragraph (1) of subdivision (e).
4(2) As used in this subdivision, “privately owned” does not
5include dams owned by municipalities, water districts or
6companies, irrigation districts, private, investor owned or publicly
7owned utilities, or public agencies.
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