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State Water Board proposes higher one-time amendment fee and CEQA lead-agency charge for FERC hydro projects; seeks two-week comment period
Summary
Staff proposed concept-level fee changes for Federal Energy Regulatory Commission (FERC) hydroelectric project reviews: raising an amendment fee from $1,000 to $10,000, charging for CEQA lead-agency work during prelicensing, and pausing fees in defined cases. Staff invited written comments within two weeks.
State Water Resources Control Board program staff presented concept-level proposals June 11 to change fees for the board’s water quality certification work on Federal Energy Regulatory Commission (FERC) hydropower projects, including a proposed increase in the amendment fee from $1,000 to $10,000 and a new charge when the board serves as the California Environmental Quality Act (CEQA) lead agency.
Parker Thaler, program manager for the water quality certification program in the Division of Water Rights, said staff were presenting “conceptual level proposals for discussion today” and described three ideas: increasing the amendment fee to $10,000 (with no change to the kilowatt charge), charging an additional fee if the board is the CEQA lead during prelicensing, and temporarily suspending prelicensing fees if a notice of intent (NOI) has been filed but a draft or final license application is not submitted within five years.
Staff emphasized that the proposals are meant to better reflect staff workload and recover costs. "In all of these cases, you know, these are items we've looked at and felt would potentially be appropriate, in line with reflecting staff workload and costs associated with implementing the program," said Aaron Regazzi, assistant deputy director for the Division of Water Rights.
Questions and process
Stakeholders asked whether the amendment charge would be a one-time application fee or an annual charge; Thaler and staff clarified the amendment fee would typically be processed within a year and would function as a one-time fee. The CEQA fee could be a one-time or annual prelicensing fee depending on program specifics, staff said.
Staff requested written comments and proposed a roughly two-week informal comment window, with submissions directed to waterrightsfees@waterboards.ca.gov. David Rose, from the board’s Office of Chief Counsel, said no detailed proposal is yet set and staff want stakeholder feedback before drafting a formal rulemaking package.
Ending note
These are conceptual proposals only; no fee change was adopted at the June 11 stakeholder meeting. Staff invited stakeholder feedback and said they will refine proposals for discussion at the next fee stakeholder meeting on July 31.
