Article 5 - Certification of Facilities

California Public Resources Code — §§ 25794-25794.10

Sections (3)

Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.

For purposes of this article, the following definitions apply:

(a)“Department” means the Department of Water Resources or a person designated by the Department of Water Resources for purposes of this article.

(b)“Facility” means a facility described in Section 80710 of the Water Code.

(c)“Site” means a location on which a facility is constructed or is proposed to be constructed.

§ 25794.1

Amended by Stats. 2023, Ch. 131, Sec. 180. (AB 1754) Effective January 1, 2024.

(a)Notwithstanding any other law, from October 31, 2022, to October 31, 2026, inclusive, the department shall submit an application for certification to the commission in accordance with this article for a site on which a facility is located.

(b)The issuance of a certificate by the commission for a site and related facility pursuant to this article shall be in lieu of any permit, certificate, or similar document required by any state, local or regional agency, or federal agency to the extent permitted by federal law, for the use of the site and related facility, and shall supersede any applicable statutes, including the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of this code) and Title 7.2 (commencing with Section 66600) of the

Government Code, ordinances, regulations, or standards of a state, local, or regional agency, or a federal agency, to the extent permitted by federal law, and shall not be subject to the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and regulations adopted pursuant to that division.

(c)The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.

§ 25794.10

Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.

(a)The executive director shall charge and collect a reasonable fee from the department upon the submittal of an application pursuant to this article to cover the estimated actual cost of reviewing an application. The department shall submit a deposit along with the application that does not exceed 3 percent of the estimated capital cost of the proposed facility.

(b)The commission staff shall separately account for the deposit collected and the charges incurred in the review of the application. The status of the account shall be provided to the department at regular intervals established by mutual agreement. The executive director shall request additional deposits if the initial deposit has been exhausted.

(c)A final accounting shall be rendered by the commission staff after the commission has reached a final decision on the application. If, in the final accounting, the deposits exceed the actual costs incurred by the commission, the excess shall be refunded. If the actual costs exceed the amount of the deposits, the department shall be billed for the difference.

(d)The executive director may adjust or waive deposits for minor projects. For facilities with an estimated capital cost that exceeds one million dollars ($1,000,000), the executive director shall permit payment of the deposit in increments, as determined by the executive director.