A licensing application fee is set in statute and includes both a base fee as well as a per–megawatt (MW) charge based on the size of the proposed generating facility. This fee is adjusted annually for inflation. Provisions in AB 205 of 2022 linked the Opt-in permit application fee to the existing application for certification (AFC) fee structure.
The Licensing and Compliance Fees for FY 2023-24 are as follows:
- Annual Compliance fee: $35,028
- Project Change Amendment fee: $5,000
- AFC and Opt-in Application fee: $350,281
- AFC and Opt-in Application MW Charge: $700
- Total Application Fee Not to Exceed: $1,050,850
The applicable price deflator for 2022, applied to FY 2023-24, is 9.08%. These new rates will be effective July 1, 2023.
AFC and Opt-in Applications for Certification Fees
For facilities certified after January 1, 2004, the first annual fee is due when the Energy Commission adopts the final decision. Subsequent payments are due by July 1 of each year. (The fiscal year for the annual fee is July 1 to June 30.)
Fees are adjusted annually to reflect the percentage change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, which the United States Department of Commerce publishes.
Each amendment to an Energy Commission decision requires payment of a $5,000 amendment application fee and reimbursement of the Energy Commission’s actual expenses, not to exceed the AFC cap.
Small Power Plant Exemption Fees
Developers requesting a small power plant exemption (SPPE) application must reimburse the actual cost of the Energy Commission's environmental review. An SPPE is equivalent to a California Environmental Quality Act negative declaration or mitigated negative declaration.
A deposit is required at the time of filing. If costs exceed the deposit, the developer will be billed for the difference. A refund will be provided if the costs are less than the deposit. There is no annual compliance fee since the Energy Commission is not licensing the project.
California Department of Fish and Wildlife Fees
Effective January 1, 2019
The California Department of Fish and Wildlife (CDFW) requires a $1,136 fee for all AFC-related projects that receive Energy Commission certification before the Commission’s decision can be filed. A fee of $2406.75 is required for SPPEs.
The Energy Commission collects the fees after the Commission's decision. Fees are payable to the CDFW.
More information on the CDFW’s fees.