2009 California Public Resources Code - Section 25801-25806 :: Chapter 9. State Energy Resources Conservation And Development Accounts

25801.  There is in the General Fund in the State Treasury the
Energy Resources Programs Account.

25802.  Each person who submits to the commission a notice of intent
for any proposed generating facility shall accompany the notice with
a fee of one cent ($0.01) per kilowatt of net electric capacity of
the proposed generation facility. Such fee shall only be paid on one
of the alternate proposed facility sites which has the highest
electrical designed capacity. In no event shall such fee be less than
one thousand dollars ($1,000) nor more than twenty-five thousand
dollars ($25,000).
   For any other facility, the notice shall be accompanied by a fee
of five thousand dollars ($5,000). Such fee shall only be paid on one
of the alternate proposed facility sites.

25803.  All funds received by the commission pursuant to Section
25802, shall be remitted to the State Treasurer for deposit in the
account. All funds in the account shall be expended for purposes of
carrying out the provisions of this division, when appropriated by
the Legislature in the Budget Act.

25804.  All references in this division or any other provision of
law to the State Energy Resources Conservation and Development
Special Account shall be deemed references to the Energy Resources
Programs Account.

25805.  On July 1, 1983, all funds in the State Energy Resources
Conservation and Development Reserve Account shall be transferred to
the Energy Resources Programs Account.

25806.  (a) A person who submits to the commission an application
for certification for a proposed generating facility shall submit
with the application a fee of one hundred thousand dollars ($100,000)
plus two hundred fifty dollars ($250) per megawatt of gross
generating capacity of the proposed facility. The total fee
accompanying an application may not exceed three hundred fifty
thousand dollars ($350,000).
   (b) A person who receives certification of a proposed generating
facility shall pay an annual fee of fifteen thousand dollars
($15,000). The first payment of the annual fee is due on the date
this section takes effect. For a facility certified on or after the
effective date of this section, the first payment of the annual fee
is due on the date the commission adopts the final decision. All
subsequent payments are due by July 1 of each year in which the
facility retains its certification. The fiscal year for the annual
fee is July 1 to June 30, inclusive.
   (c) The fees in subdivisions (a) and (b) shall be adjusted
annually to reflect the percentage change in the Implicit Price
Deflator for State and Local Government Purchases of Goods and
Services, as published by the United States Department of Commerce.
   (d) No fee is required to accompany an application for
certification, and no annual fee is required thereafter, for a
generating facility that uses a renewable resource as its primary
fuel or power source. For purposes of this subdivision, a renewable
resource includes, but is not limited to, biomass, solar thermal,
geothermal, digester gas, municipal solid waste conversion, landfill
gas, ocean thermal, and solid waste converted to a clean burning fuel
by using a noncombustion thermal process.
   (e) The Energy Facility License and Compliance Fund is hereby
created in the State Treasury. All fees received by the commission
pursuant to this section shall be remitted to the Treasurer for
deposit in the fund. The money in the fund shall be expended, upon
appropriation by the Legislature, for processing applications for
certification and for compliance monitoring.