Section 1708 - Costs and Fees(a) A project owner shall pay all fees specified in Public Resources Code sections 25802 and 25806, and reimburse the commission for its actual costs of processing a petition to amend as specified in 25806(e). In calculating the fee required by Public Resources Code section 25806(a), generating capacity shall be determined in the manner specified in section 2003(a).(b) "Processing the petition to amend," as used in Public Resources Code section 25806(e), includes the activities of staff, staff subcontractors, and legal counsel representing staff in the preparation of the staff assessment and in any proceeding on a petition through the adoption of the commission decision, as well as the labor and administrative expenses associated with the production and distribution of staff, committee, and commission documents. The activities of commissioners and their advisors, commission hearing officers, and other attorneys and commission staff advising commissioners or the commission are not considered part of processing the petition to amend.(c) Costs shall be calculated based on the hourly loaded rates for staff, including subcontractors, consultants and legal staff, and the hours worked to process a petition to amend. If requested by a project owner, the commission shall provide a full accounting, including the following: the hours billed by staff, subcontractors, consultants and legal staff; the hourly rate associated with each; a description of the work performed; and supporting documentation.(d) Upon the demand of the executive director, the project owner shall pay additional fees to the commission in the amount of any reimbursement made to local agencies by the commission pursuant to section 1715 of this article.(e) Project owners may request an investigation of the fees they have been assessed using the procedures set forth in section 1231.Cal. Code Regs. Tit. 20, § 1708
1. Amendment of subsection (a) filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
2. Amendment of section heading and subsection (a), new subsections (c)-(g) and amendment of NOTE filed 3-28-2007; operative 3-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 13).
3. Amendment of section heading and section filed 12-5-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49). Note: Authority cited: Section 25213, Public Resources Code. Reference: Sections 25538, 25802 and 25806, Public Resources Code.
1. Amendment of subsection (a) filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
2. Amendment of section heading and subsection (a), new subsections (c)-(g) and amendment of Note filed 3-28-2007; operative 3-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 13).
3. Amendment of section heading and section filed 12-5-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).