Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Costs eligible for reimbursement.
(1) Local agencies shall be reimbursed for
costs incurred in accordance with actual services performed by the local
agency, provided that the local agency follows the procedures set forth in this
section. These costs include:
(A) permit
fees, including traffic impact fees, drainage fees, park-in-lieu fees, sewer
fees, public facilities fees and the like, but not processing fees, that the
local agency would normally receive for a powerplant or transmission line
application in the absence of Commission jurisdiction, and
(B) the added costs of services performed
directly in response to Commission requests for review that are not normally
covered by the permit fee and for which a fee is normally
charged.
(b)
Costs ineligible for reimbursement. A local agency may not be reimbursed under
this section for the following types of costs, even if actually incurred:
(1) expenses incurred by a local agency for
the presentation or defense of positions not reasonably related to the matters
which the agency is requested to review or not within the area of the agency's
expertise;
(2) expenses for which
it receives payment from other sources;
(3) expenses incurred in advocating a
position as a formal intervenor to the proceeding, except for the local
district and Air Resources Board presentations pursuant to Section
1744.5; or
(4) entertainment and first class travel
expenses.
(c) Procedure
for approving reimbursement budgets.
(1) To be
eligible for reimbursement, a local agency must receive a request for review
from the Chair, Presiding Member, or Executive Director.
(2) To apply for reimbursement, a local
agency shall, within 21 days of receiving a request for review from the
commission, file an itemized proposed budget with the staff and the applicant
estimating the actual and added costs that are likely to be incurred during
such review. The proposed budget shall justify each line item amount and
explain how each line item is reasonably related to the matters which the
agency is requested to review. A local agency's failure to file a proposed
budget within the time period specified herein shall not prevent it from
receiving reimbursement; however, failure to use the approval process described
in this section creates a risk that the local agency will not be reimbursed for
work already performed.
(3) Within
10 working days of receiving a proposed budget, the staff shall notify the
agency, in writing, whether the proposed budget is complete or incomplete. If
the proposed budget is incomplete, the staff shall provide the local agency
with a list of deficiencies that must be corrected to complete the proposed
budget request.
(4) If neither the
commission staff nor the project applicant files a written objection to the
proposed budget within 10 working days after the proposed budget is determined
to be complete, then the proposed budget is deemed approved.
(5) If a local agency reasonably incurs costs
in responding to a commission request for review of a project before its
proposed budget is approved, the local agency may include such costs in the
budget retroactively.
(6) A local
agency may apply for augmentations or other changes to an approved budget by
filing a request for an amended budget. Requests for an amended budget shall
also be processed in accordance with this subdivision.
(d) Procedure for approving reimbursement
invoices.
(1) A local agency seeking
reimbursement must receive approval of its proposed budget before it files an
invoice for expenses actually incurred. Reimbursement may not exceed the
approved budget.
(2) On either a
monthly or quarterly basis, the local agency seeking reimbursement shall file
with the commission staff and the project applicant an invoice for the expenses
actually incurred during the past month or quarter.
(3) If the applicant does not object to the
invoice within 10 days after receipt, then it shall pay the local agency the
amount of the invoice within 14 days of the receipt of the
invoice.
(e) Resolving
disputes. If there is a dispute over a reimbursement budget under subdivision
(c) above, or a reimbursement invoice under subdivision (d) above, which cannot
be directly resolved between the applicant and the local agency, the staff
shall notify the committee in writing of the dispute. The committee shall
resolve the dispute by written order. The committee shall have discretion to
determine whether and to what extent hearings are required to resolve the
dispute.
1.
Amendment of NOTE filed 1-11-83; designated effective 2-1-83 pursuant to
Government Code Section
11346.2(d)
(Register 83, No. 3).
2. Repealer of text and new text filed
8-10-93; operative 9-9-93 (Register 93, No. 33).
3. Change without
regulatory effect amending subsection (c)(1) filed 8-24-2022 pursuant to
section 100, title 1, California Code of
Regulations (Register 2022, No. 34).
Note: Authority cited: Section
25218(e),
Public Resources Code. Reference: Section
25538,
Public Resources Code.
