Cal. Code Regs. tit. 23 § 503

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 503 - Fees for Preparation of Negative Declaration or EIR
(a) The Department may charge and collect a reasonable fee from a person proposing a project for which the Department must prepare an EIR or Negative Declaration. The fee will be an amount which will recover the costs incurred by the Department in preparing such EIR or Negative Declaration.
(b) Where the Department will charge a fee for preparation of an EIR, it shall charge and collect a deposit as provided in this section. The amount of the deposit shall be calculated as follows:
(1) The minimum deposit shall be $600 for projects with estimated capital costs of $20,000 or less. The maximum deposit shall be $150,000 for projects with estimated capital costs of $160,000,000 or more. The scale of other deposits is set forth in the tabulation below:

Estimated Capital Cost of Proposed Project

From

To

Deposit

$ 20,000$ 100,000$ 600+3.00% of excess over $ 20,000
$ 100,000$ 1,000,000$ 3,000+1.00% of excess over $ 100,000
$ 1,000,000$ 10,000,000$ 12,000+0.20% of excess over $ 1,000,000
$ 10,000,000$100,000,000$ 30,000+0.10% of excess over $ 10,000,000
$100,000,000$160,000,000$120,000+0.05% of excess over $100,000,000

(2) The Department shall separately account for the deposit collected and the charges thereto. The status of the account shall be provided to the project proponent at regular periodic intervals established by mutual agreement. A final accounting shall be rendered by the Department after the Final EIR is considered and adopted.
(3) If in the final accounting the deposit exceeds the actual costs incurred by the Department for the preparation and processing of the EIR, the excess shall be refunded. If the actual costs exceed the amount of the deposit, the project proponent shall be billed for the difference.
(4) The Director may adjust or waive deposits for minor projects. For projects with an estimated capital cost of more than $1,000,000, the Director may permit payment of the deposit in increments.
(5) No such EIRs shall be presented to the Department for approval or adoption until the project proponent has reimbursed the Department for the costs of preparation and processing of the EIR.

Cal. Code Regs. Tit. 23, § 503

1. Repealer of Article 4 heading and former Section 503, and renumbering and amendment of Section 552 to Section 503 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4.

Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21089, Public Resources Code.

1. Repealer of Article 4 heading and former Section 503, and renumbering and amendment of Section 552 to Section 503 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4.