Cal. Code Regs. tit. 4 § 10036

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 10036 - Fees

(a) Application Fee.

(1) Except as provided in paragraph (5) below, every Applicant shall be required to pay an Application Fee.

(2) The Application Fee shall be equal to .0005 (one twentieth of one percent) of the total amount of Qualified Property identified in the Application as originally submitted. If, during the Application process, the Applicant reduces the amount of Qualified Property listed in the Application as submitted, the Applicant will not be entitled to a refund of the excess Application Fees paid. If the Applicant makes a request to CAEATFA to increase the amount of Qualified Property listed in a revised or amended Application, CAEATFA will require additional Application Fees to be submitted. The minimum Application Fee shall be $250 and shall not exceed $10,000.

(3) This fee shall be paid in a check payable to the Authority, and shall be received by CAEATFA within five (5) business days of the Application submission.

(4) This fee is not refundable, except in the event an Application is (1) only reviewed to determine its Competitive Criteria ranking and (2) is not fully reviewed by staff due to the Applicant's Competitive Criteria ranking and the oversubscription of the Statutory Cap. Then 75% of the Application Fee will be refunded.

(5) If the Applicant can demonstrate the Project is to relocate or rebuild the Applicant's Facility due to a fire, flood, storm, or earthquake identified in a state of emergency proclamation made by the California State Governor within two years of the time of application, the Executive Director shall waive the Application Fee.

(b) Administrative Fee.

(1) The Authority shall charge an Administrative Fee to cover the costs associated with the Program, including the costs of compliance monitoring.

(2) The total Administrative Fee amount shall be .004 (four tenths of one percent) of the total amount of the Qualified Property purchased.

(3) In no case shall the total Administrative Fee be less than $15,000 nor more than $350,000.

(4) $15,000 of the total Administrative Fee shall be due upon the execution of the Regulatory Agreement between the Applicant and the Authority.

(5) The balance of an Applicant's Administrative Fee shall be payable semi-annually on July 31 and January 31 each year following Application approval until such time as the total amount of the Administrative Fee due has been paid. The amount of the Administrative Fee due during each period shall be based on the Qualified Property purchase amounts during the immediately preceding six-month period (from January 1 through June 30 and July 1 through December 31, respectively) until the total Administrative Fee has been paid.

(A) Each semi-annual fee payment shall include information about the Qualified Property purchased, including the acquisition date; vendor city, county, and country; cost; address where the Qualified Property will be located or installed; a description and explanation of the purpose of the Qualified Property; and any other information requested by the Executive Director that is reasonably related to the purposes of the Program.

(B) The Applicant will submit a "final statement" when the total amount of Qualified Property purchases equals the total amount of exclusion granted or when the Applicant no longer wishes to exercise the sales and use tax exclusion granted and signifies that the Applicant's purchases are no longer subject to the sales and use tax exclusion. Pursuant to Section 10036 a determination will be made of the total amount of Qualified Property purchased, and the corresponding amount of the total Administrative Fee due. If any remaining Administrative Fee is due, the Fee shall be submitted together with the final statement. In the event that an Applicant has overpaid Administrative Fees, the overpayment will be paid to the Applicant within thirty (30) days of submission of the final statement.

(6) The initial $15,000 paid by the Applicant at the time of executing the Regulatory Agreement will be credited to the Applicant's total Administrative Fee upon a determination of total amount of Qualified Property actually purchased.

(7) The Administrative Fee shall be paid in checks payable to the Authority.

(8) The Administrative Fee is not refundable, except as indicated in section (5)(B) above.

(c) Other fees

(1) Except as provided below, an Applicant that requests a modification to its Regulatory Agreement or authorizing resolution that must be approved by the Authority shall pay an additional administrative fee of $500.

(A) An Applicant that requests a modification to its Regulatory Agreement or authorizing resolution to waive the 15% purchase requirement pursuant to Section 10035(b)(1) above, shall pay an additional administrative fee of $1,500.

(B) An Applicant that requests a modification to its Regulatory Agreement or authorizing resolution to waive the three-year initial term pursuant to Section 10035(b)(1) above, shall pay an additional administrative fee of $2,000.

(C) An Applicant that requests a modification to its Regulatory Agreement or authorizing resolution to waive the 15% purchase requirement and the three-year initial term pursuant to Section 10035(b)(1) for consideration at the same Authority Board meeting shall pay an additional administrative fee of $2,250.

(2) An Applicant that requests a modification to its Regulatory Agreement or authorizing resolution that requires a revised application to be considered by the Authority shall pay .00005 (one two hundredth of one percent) of the total amount of Qualified Property identified in the Authority resolution approved by the board.

(A) In no case shall this fee be less than $500 nor more than $2,000.

(3) This fee shall be paid in checks payable to the Authority and received by the Authority within five (5) business days of the submission of the request.

Cal. Code Regs. Tit. 4, § 10036

1. New section filed 10-4-2010 as an emergency; operative 10-4-2010 (Register 2010, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-4-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-1-2011 as an emergency; operative 4-1-2011 (Register 2011, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-30-2011 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-24-2011 as an emergency; operative 6-24-2011 (Register 2011, No. 25). A Certificate of Compliance must be transmitted to OAL by 9-22-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-24-2011 order, including amendment of section and NOTE, transmitted to OAL 6-29-2011 and filed 8-10-2011; operative 9-28-2011 (Register 2011, No. 32).
5. Amendment of subsection (b)(5), new subsections (b)(5)(A)-(B) and amendment of subsection (b)(8) filed 10-7-2013 as a deemed emergency pursuant to Public Resources Code section 26009; operative 10-7-2013 (Register 2013, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (b)(5), new subsections (b)(5)(A)-(B) and amendment of subsection (b)(8) refiled 4-3-2014 as a deemed emergency pursuant to Public Resources Code section 26009; operative 4-3-2014 (Register 2014, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-2-2014 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (b)(5), new subsections (b)(5)(A)-(B) and amendment of subsection (b)(8) refiled 6-30-2014 as a deemed emergency pursuant to Public Resources Code section 26009; operative 6-30-2014 (Register 2014, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-29-2014 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-30-2014 order, including amendment of subsection (b)(8), transmitted to OAL 9-29-2014 and filed 11-10-2014; amendments effective 11-10-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 46).
9. Amendment of subsection (a)(4) and new subsections (c)-(c)(3) filed 8-9-2016 as a deemed emergency pursuant to Public Resources Code section 26009; operative 8-9-2016 (Register 2016, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-6-2017 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (a)(4) and new subsections (c)-(c)(3) refiled 2-7-2017 as a deemed emergency pursuant to Public Resources Code section 26009; operative 2-7-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 5-8-2017 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (a)(4) and new subsections (c)-(c)(3) refiled 5-4-2017 as a deemed emergency pursuant to Public Resources Code section 26009; operative 5-9-2017 (Register 2017, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-7-2017 or emergency language will be repealed by operation of law on the following day.
12. Reinstatement of section as it existed prior to 8-9-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 36).
13. Amendment of subsection (a)(4) and new subsections (c)-(c)(3) filed 10-31-2017; operative 10-31-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 44).
14. Amendment of subsection (a)(1) and new subsection (a)(5) filed 12-13-2017 as an emergency; operative 12-13-2017 (Register 2017, No. 50). A Certificate of Compliance must be transmitted to OAL by 6-11-2018 or emergency language will be repealed by operation of law on the following day.
15. Reinstatement of section as it existed prior to 12-13-2017 emergency amendment by operation of Government Code section 11346.1(f) (Register 2018, No. 26).
16. Amendment of subsection (a)(1) and new subsection (a)(5) filed 4-11-2019; operative 7-1-2019 (Register 2019, No. 15).
17. Amendment of subsections (a)(3) and (b)(5) filed 12-16-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 12-16-2019 (Register 2019, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-15-2020 or emergency language will be repealed by operation of law on the following day.
18. Emergency filed 12-16-2019 extended 60 days (Executive Order N-40-20). A Certificate of Compliance must be transmitted to OAL by 8-14-2020 or emergency language will be repealed by operation of law on the following day.
19. Emergency filed 12-16-2019 extended an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 10-14-2020 or emergency language will be repealed by operation of law on the following day.
20. Reinstatement of section as it existed prior to 12-16-2019 emergency amendment by operation of Government Code section 11346.1(f) (Register 2020, No. 43).
21. Amendment of subsections (a)(3), (b)(5), (b)(5)(A) and (c) and new subsection (c)(1)(A)-(B) filed 11-4-2020 as a deemed emergency pursuant to Public Resources Code section 26009; operative 11-4-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 45). A Certificate of Compliance must be transmitted to OAL by 8-31-2021 or emergency language will be repealed by operation of law on the following day.
22. Amendment of subsections (a)(3), (b)(5), (b)(5)(A) and (c) and new subsection (c)(1)(A)-(B) refiled 8-30-2021 as a deemed emergency pursuant to Public Resources Code section 26009; operative 9-1-2021 (Register 2021, No. 36). A Certificate of Compliance must be transmitted to OAL by 11-30-2021 or emergency language will be repealed by operation of law on the following day.
23. Amendment of subsections (a)(3), (b)(5), (b)(5)(A) and (c) and new subsections (c)(1)(A)-(B) refiled 11-29-2021 as a deemed emergency pursuant to Public Resources Code section 26009; operative 12-1-2021 (Register 2021, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2022 or emergency language will be repealed by operation of law on the following day.
24. Amendment of subsection (a)(4), new subsection (c)(1)(C) and amendment of subsection (c)(3) and NOTE filed 12-9-2021 as a deemed emergency pursuant to Public Resources Code section 26009; operative 12-9-2021 (Register 2021, No. 50). A Certificate of Compliance must be transmitted to OAL by 6-7-2022 or emergency language will be repealed by operation of law on the following day.
25. Editorial correction restoring inadvertently omitted HISTORY 23 and renumbering histories (Register 2022, No. 14).
26. Certificate of Compliance as to 11-29-2021 order transmitted to OAL and filed 4-7-2022 (Register 2022, No. 14).

Note: Authority cited: Section 26009, Public Resources Code; and Section 26011.8, Public Resources Code. Reference: Section 26011.8, Public Resources Code; and Section 6010.8, Revenue and Taxation Code.

1. New section filed 10-4-2010 as an emergency; operative 10-4-2010 (Register 2010, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-4-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-1-2011 as an emergency; operative 4-1-2011 (Register 2011, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-30-2011 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-24-2011 as an emergency; operative 6-24-2011 (Register 2011, No. 25). A Certificate of Compliance must be transmitted to OAL by 9-22-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-24-2011 order, including amendment of section and Note, transmitted to OAL 6-29-2011 and filed 8-10-2011 ; operative 9-28-2011 (Register 2011, No. 32).
5. Amendment of subsection (b)(5), new subsections (b)(5)(A)-(B) and amendment of subsection (b)(8) filed 10-7-2013 as a deemed emergency pursuant to Public Resources Code section 26009; operative 10-7-2013 (Register 2013, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (b)(5), new subsections (b)(5)(A)-(B) and amendment of subsection (b)(8) refiled 4-3-2014 as a deemed emergency pursuant to Public Resources Code section 26009; operative 4-3-2014 (Register 2014, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-2-2014 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (b)(5), new subsections (b)(5)(A)-(B) and amendment of subsection (b)(8) refiled 6-30-2014 as a deemed emergency pursuant to Public Resources Code section 26009; operative 6-30-2014 (Register 2014, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-29-2014 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-30-2014 order, including amendment of subsection (b)(8), transmitted to OAL 9-29-2014 and filed 11-10-2014; amendments effective 11/10/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 46).
9. Amendment of subsection (a)(4) and new subsections (c)-(c)(3) filed 8-9-2016 as a deemed emergency pursuant to Public Resources Code section 26009; operative 8-9-2016 (Register 2016, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-6-2017 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (a)(4) and new subsections (c)-(c)(3) refiled 2-7-2017 as a deemed emergency pursuant to Public Resources Code section 26009; operative 2-7-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 5-8-2017 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (a)(4) and new subsections (c)-(c)(3) refiled 5-4-2017 as a deemed emergency pursuant to Public Resources Code section 26009; operative 5-9-2017 (Register 2017, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-7-2017 or emergency language will be repealed by operation of law on the following day.
12. Reinstatement of section as it existed prior to 8-9-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 35).
13. Amendment of subsection (a)(4) and new subsections (c)-(c)(3) filed 10-31-2017; operative 10/31/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 44).
14. Amendment of subsection (a)(1) and new subsection (a)(5) filed 12-13-2017 as an emergency; operative 12-13-2017 (Register 2017, No. 50). A Certificate of Compliance must be transmitted to OAL by 6-11-2018 or emergency language will be repealed by operation of law on the following day.
15. Reinstatement of section as it existed prior to 12-13-2017 emergency amendment by operation of Government Code section 11346.1(f) (Register 2018, No. 26).
16. Amendment of subsection (a)(1) and new subsection (a)(5) filed 4-11-2019; operative 7/1/2019 (Register 2019, No. 15).
17. Amendment of subsections (a)(3) and (b)(5) filed 12-16-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 12/16/2019 (Register 2019, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-15-2020 or emergency language will be repealed by operation of law on the following day.
18. Emergency filed 12-16-2019 extended 60 days (Executive Order N-40-20). A Certificate of Compliance must be transmitted to OAL by 8-14-2020 or emergency language will be repealed by operation of law on the following day.
19. Emergency filed 12-16-2019 extended an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 10-14-2020 or emergency language will be repealed by operation of law on the following day.
20. Reinstatement of section as it existed prior to 12-16-2019 emergency amendment by operation of Government Code section 11346.1(f) (Register 2020, No. 43).
21. Amendment of subsections (a)(3), (b)(5), (b)(5)(A) and (c) and new subsection (c)(1)(A)-(B) filed 11-4-2020 as a deemed emergency pursuant to Public Resources Code section 26009; operative 11/4/2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 45). A Certificate of Compliance must be transmitted to OAL by 8-31-2021 or emergency language will be repealed by operation of law on the following day.
22. Amendment of subsections (a)(3), (b)(5), (b)(5)(A) and (c) and new subsection (c)(1)(A)-(B) refiled 8-30-2021 as a deemed emergency pursuant to Public Resources Code section 26009; operative 9/1/2021 (Register 2021, No. 36). A Certificate of Compliance must be transmitted to OAL by 11-30-2021 or emergency language will be repealed by operation of law on the following day.
23. Amendment of subsections (a)(3), (b)(5), (b)(5)(A) and (c) and new subsections (c)(1)(A)-(B) refiled 11-29-2021 as a deemed emergency pursuant to Public Resources Code section 26009; operative 12-1-2021 (Register 2021, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2022 or emergency language will be repealed by operation of law on the following day.
24. Amendment of subsection (a)(4), new subsection (c)(1)(C) and amendment of subsection (c)(3) and Note filed 12-9-2021 as a deemed emergency pursuant to Public Resources Code section 26009; operative 12-9-2021 (Register 2021, No. 50). A Certificate of Compliance must be transmitted to OAL by 6-7-2022 or emergency language will be repealed by operation of law on the following day.
25. Editorial correction restoring inadvertently omitted HISTORY 23 and renumbering histories (Register 2022, No. 14).
26. Certificate of Compliance as to 11-29-2021 order transmitted to OAL and filed 4/7/2022 (Register 2022, No. 14).