Energy Commission License and Compliance Fees
Related to Generation Facilities

Application for Certification

The fee for filing an Application for Certification (AFC) was initially set by the Legislature at $100,000 plus $250 per megawatt (MW) of gross generation capacity payable at the time of filing with the total fee not to exceed $350,000 for non-renewable projects. An annual compliance fee of $15,000 was also set for non-renewable energy projects granted a license. Payment of the first compliance fee is due after the Commission's decision, and subsequent annual compliance fees are due every July. The siting and compliance fees are 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 U.S. Department of Commerce. All fees are payable to the California Energy Commission. Section 25806 of the California Public Resources Code addresses the concept and structure of the Energy Commission's filing fees for proposed generation facilities.

Initially, projects that would use a renewable resource as the primary fuel or power source were exempt from the license and compliance fees. However, beginning in FY 2010-2011 all projects, regardless of fuel source, are required to pay the siting and compliance fees.

The fees above are non-refundable per Title 20 California Code of Regulations Section 1708(g).

Small Power Plant Exemptions

The fee for filing a Small Power Plant Exemption (SPPE) application equals the actual cost of the Energy Commission's environmental review, with a deposit of $200,000 requested at the time of filing. The account will be settled after the final decision is made by the Energy Commission. The project developer will be billed for the costs that exceeded the deposit, or a refund will be provided if the costs are less than the deposit. Section 2308, Title 20, of the California Code of Regulations addresses the SPPE fee. There is no annual compliance fee for an SPPE because the Energy Commission is not licensing the project.

California Department of Fish and Game Fee

Effective January 1, 2012

Section 711.4 of the Fish and Game Code requires a current fee of $992.50 for all AFC projects receiving an Energy Commission license before the Commission Decision can be filed. An SPPE is equivalent to a California Environmental Quality Act Negative Declaration or Mitigated Negative Declaration, for which the Department of Fish and Game receives a fee of $2101.50 per Section 711.4. The Energy Commission staff collects the fees, which are payable to the California Department of Fish and Game, immediately following the Commission's decision. Additional information for Department of Fish and Game filing fees can be found at: http://dfg.ca.gov/habcon/ceqa_changes.html.