Chapter 9 - State Energy Resources Conservation and Development Accounts

California Public Resources Code — §§ 25801-25806

Sections (5)

Amended by Stats. 1982, Ch. 1067, Sec. 2. Operative July 1, 1983, by Sec. 10 of Ch. 1067.

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

Added by Stats. 1974, Ch. 276.

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.

Amended by Stats. 1974, Ch. 991.

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.

Repealed and added by Stats. 1982, Ch. 1067, Sec. 4. Operative July 1, 1983, by Sec. 10 of Ch. 1067.

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.

Amended by Stats. 2025, Ch. 15, Sec. 7. (SB 127) Effective June 27, 2025.

(a)A person who submits to the commission an application for certification under Chapter 6 (commencing with Section 25500) or Chapter 6.2 (commencing with Section 25545) shall pay all costs incurred by the commission in processing the application and shall submit with the application a nonrefundable deposit of seven hundred fifty thousand dollars ($750,000). For the actual costs incurred by the commission in excess of the deposit, the commission shall provide invoices, at least annually, to the applicant who shall timely remit the additional fees to the commission.
(b)A person who receives certification of a site and related facility pursuant to Chapter 6 (commencing with Section 25500) or Chapter 6.2 (commencing with Section 25545) shall pay an annual fee of seventy thousand dollars ($70,000). For a facility certified on or after January 1, 2004, 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 that the facility retains its certification. The fiscal year for the annual fee is July 1 to June 30, inclusive.
(c)The deposit required pursuant to subdivision (a) and the fees described in subdivisions (b) and (e) 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)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 into the fund. The moneys in the fund shall be expended, upon appropriation by the Legislature, for processing applications for certification and for compliance monitoring.
(e)A person who submits to the commission a petition to amend an existing project that previously received certification shall submit with the petition a nonrefundable fee of five thousand dollars ($5,000). The commission shall conduct a full accounting of the actual cost of processing the petition to amend, for which the project owner shall reimburse the commission if the costs exceed five thousand dollars ($5,000). Any reimbursement and fees received by the commission pursuant to this subdivision shall be deposited into the Energy Facility License and Compliance Fund. This subdivision does not apply to a change in ownership or operational control of a project.