HomeMy WebLinkAboutCT 02-28x1; La Costa Condominiums; Tentative Map (CT) (10)State of California - The Resources AgencyiWr<ARNOl1HWARZENEGCER. Governor
DEPARTMENT OF FISH AND GAME
http://www.dfg.ca.gov
Habitat Conservation Planning Branch
1416 Ninth Street, Suite 1260 •'
Sacramento, California 95814
(916) 653-4875
December 28, 2006
County Clerks
CEQA Lead Agencies
Dear Sir or Madam:
Senate Bill (SB) 1535 was passed by the Legislature and signed into law by the
Governor on September 29, 2006. The bill contains, among other things, provisions
which amend Fish and Game Code Section 711.4 to increase Department of Fish
and Game (DFG) CEQA (California Environmental Quality Act) filing fees.
The environmental filing fees pay for many important DFG activities. They help fund
DFG's cost of consulting and coordinating with other public agencies, reviewing
environmental documents, recommending avoidance and mitigation measures to
eliminate or reduce project impacts to fish and wildlife, developing mitigation
monitoring requirements and carrying out other activities to protect public trust
resources under CEQA.
The increased fee will provide, among other things, funding for additional DFG staff
to participate in the CEQA review and coordination process. This will mean an
improved response time to lead and responsible agencies for advanced project
planning, DFG consultation, and direct review and comment of environmental
documents for many projects. Although the fees will contribute to more
comprehensive review of CEQA documents, DFG will continue to prioritize reviews
to ensure focus on those projects with the greatest potential to impact the State's
most important fish, wildlife and habitat resources.
Mandatory statutory changes in the bill, which will take effect on January 1, 2007,
require the following:
. An increase in the DFG filing fees for Negative Declarations (NDs),
Mitigated Negative Declarations (MNDs), and Environmental Impact
Reports (EIRs) as outlined in the attached table;
. Annual fee adjustment based on an inflation index;
. Elimination of the "de minimis" fee exemption for projects determined to
have a de minimis effect on wildlife (The de minimis exemption is replaced
by a fee exemption, issued by DFG, for eligible projects that have "no effect
on wildlife"); and
. An increase in the County Clerk processing fee.
Under the revised statute, a lead agency may no longer exempt a project from the
filing fee requirement by determining that the project will have a de minimis effect on
Conserving Cahfornia's W/iCdCife Since 1870
CEQA Lead Agencies and County Clerks
December 28, 2006
Page 2
fish and wildlife. Instead, a filing fee will be required unless the project will have no
effect on fish and wildlife. If the project will have any effect on fish and wildlife
resources, even a minimal orde minimis effect, the fee is required. A project
applicant asserting a project will have no effect on fish and wildlife should contact
DFG and DFG will review the project, make the appropriate determination, and in
"no effect" cases, the Department will provide the project proponent with
documentation of exemption from the filing fee requirement. At this time, the
Department anticipates that less than 5 percent of the projects would qualify for the
"no effect" standard.
The process for payment of filing fees has not changed. The fee is due at the time
of filing a Notice of Determination (NOD). Local lead agencies must pay the fee to
the appropriate County Clerk when filing a NOD locally (Section 711.4 of the Fish
and Game Code).
Because a lead agency typically files its NOD before responsible agencies file their
project NODs, payment will normally be required at the time of the lead agency's
filing and responsible agencies may submit a copy of an official receipt showing the
name of the project and the date and amount of payment. If a receipt showing prior
payment of the fee is not provided, the fee must be paid at the time a responsible
agency files its NOD.
State lead agencies must submit the filing fee payment to the State Clearinghouse
when filing a NOD with that office by including, as part of its filing, a check payable
to the Department of Fish and Game. See the attached table for a schedule of fees.
An agency that is taking action pursuant to a Certified Regulatory Program must
submit the required $850 filing fee to the Department of Fish and Game prior to filing
its Notice of Decision with the Secretary for Resources.
If a required filing fee is not paid for a project, the project will not be operative,
vested, or final and any local permits issued for the project will be invalid (Section
711.4(c)(3) of the Fish and Game Code).
In summary, commencing January 1, 2007, the State Clearinghouse will not accept
or post a NOD filed by any State lead agency and County Clerks should not accept
or post a NOD from a local lead agency, unless it is accompanied by one of the
following: (1) a check with the correct Fish and Game filing fee payment (see
attached table), (2) a receipt or other proof of payment showing[previouspayrnerjtof
the filing fee for the same project, or (3) a completed form from the DFG
CEQA Lead Agencies and County Clerks
December 28, 2006
PageS
documenting the DFG's determination that the project will have no effect on fish and
wildlife.
The DFG appreciates your cooperation with payment and collection of these fees,
which fund important programs to protect fish and wildlife resources in California. If
project applicants have questions regarding fees for their individual projects, please
direct them to the DFG 2007 CEQA fee information line at (916) 651-0603, a
recorded message will provide information about the filing fee increase and process.
Messages received through the information line will be returned in the order they
were received. Information is also available at the DFG website at www.dfg.ca.gov.
If you or your staff have questions regarding the statutory changes to the fees, or the
fee collection process, please contact Scott Flint, directly at (916) 651-0371.
Sincerely,
Sonke Mastrup
Deputy Director
Resources Management and
Policy Division
*Attachment
ENVIRONMENTAL FILING FEES
(Fish and Game Code 711.4)
CEQA Document Current Fee Fee Effective
1-1-07
Negative Declaration (ND)$1,250 $1,800
Mitigated Negative Declaration (MNP)$1,250 $1,800
Environmental Impact Report (EIR)$850 $2,500
Environmental Document pursuant to a
Certified Regulatory Program (CRP)$850 $850
County Clerk Processing Fee $25 $50