Section 2099.5 Of Article 5. Funding From California Fish And Game Code >> Division 3. >> Chapter 1.5. >> Article 5.
2099.5
. (a) The department shall collect a permit application fee
from the owner or developer of an eligible project, as defined in
Section 2099, to support its permitting of eligible projects pursuant
to this chapter. The owner or developer of a proposed eligible
project shall pay a one-time permit application fee of seventy-five
thousand dollars ($75,000) to the department.
(b) The department shall collect the permit application fee, at
the time the owner or developer submits its permit application or,
for eligible projects for which an application has already been
submitted, within 30 days of the operative date of this section. The
department shall utilize the permit application fee to pay for all or
a portion of the department's cost of processing incidental take
permit applications pursuant to subdivision (b) of Section 2081 and
Section 2080.1. If the permit application fee is insufficient to
complete permitting work due to the complexity of a project or
timeline delays, the department may collect an additional fee from
the owner or developer to pay for its actual costs, not to exceed an
additional seventy-five thousand dollars ($75,000).
(c) For an eligible project seeking site certification, pursuant
to Chapter 6 (commencing with Section 25500) of Division 1 of the
Public Resources Code, by the Energy Commission, as defined in
Section 2099, the owner or developer shall pay the permit application
fee directly to the department. The permit application fee paid to
the department shall fund the department's participation in the
Energy Commission's site certification process as the state's trustee
for natural resources. The permit application fee shall be in
addition to any application fees collected directly by the Energy
Commission. The permit application fee shall be due and payable
within 30 days of the operative date of this section.
(d) Permit application fees paid pursuant to this chapter shall be
deposited in the Fish and Game Preservation Fund and shall be
eligible for expenditure by the department pursuant to subdivision
(b) of Section 2081 and Section 2080.1.
(e) The sum of one million six hundred fifty thousand dollars
($1,650,000) is hereby appropriated to the department from the Fish
and Game Preservation Fund for the purposes of this section. These
funds shall be available for expenditure through June 30, 2011.
(f) If an owner or developer withdraws a project within 30 days
after paying the permit application fee, the department shall refund
any unused portion of the fee to the owner or developer.