California Code of Regulations
Title 14 - Natural Resources
Division 5 - San Francisco Bay Conservation and Development Commission
Chapter 15 - Implementation of the California Environmental Quality Act
Subchapter 1 - When the Commission is the Lead Agency
Article 4 - Use of Consultants
Section 11531 - Selection and Retention of a Consultant
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) In order to select a consultant to prepare or to help prepare an environmental assessment, the Executive Director shall:
(b) The Executive Director may choose one of the following arrangements to retain a consultant to prepare or help to prepare an environmental assessment:
(c) Notwithstanding the estimated fees and costs provided by the selected consultant, the applicant shall be responsible for the payment of all consultant fees and costs to prepare or help to prepare the environmental assessment.
(d) If the Executive Director enters into an agreement with the consultant on behalf of the Commission, within 10 days of receiving notice of execution of the agreement, the applicant shall deposit the amount of the fees and costs estimated by the consultant in an account that the Commission maintains for such purposes. The Executive Director shall authorize payment of the consultant from this account according to a mutually agreed on schedule of payments as set forth in the agreement. After completion of the environmental assessment, the Executive Director shall refund to the applicant any part of the estimated consultant fees and costs not actually charged by the consultant. If the estimated fees and costs are exceeded prior to completion of the environmental assessment, the consultant shall submit monthly billing statements to the Executive Director and the applicant for additional fees and costs as incurred, and the applicant shall pay each bill within 30 days of receipt.
1. Renumbering and amendment of Section 10941 to Section 11531 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No. 29.
2. Change without regulatory effect amending NOTE filed 12-31-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 1). (OAL review extended 60 calendar days pursuant to Executive Order N-40-20.)
3. Amendment of section heading and section filed 6-2-2022; operative 10-1-2022 (Register 2022, No. 22).
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Sections 21080.5, 21082.1 and 21089, Public Resources Code.