1. (a) Determination of Amount. The department shall determine the amount of the fee in accordance with section 6307 of the Water Code to cover its costs expended each fiscal year for the statewide regulation of dam safety pursuant to Water Code, Division 3, Part 1. The revenue generated from annual fees generally supports the following: maintenance inspections and surveillance monitoring; reevaluation studies of existing dams and their appurtenances; inundation map reviews and emergency preparedness; emergency and incident response; implementation of dam safety best practices; enforcement actions; public inquires and dam owner education; budgetary loan repayments; and a prudent reserve for economic uncertainties. The annual fee shall cover the fiscal year period July 1 through June 30 and be calculated in accordance with this section. Each owner shall be informed of the amount of the fee by April 30 of each year for fees that will be effective on July 1, except for Fiscal Year 2019/20, in which owners will be notified by May 15, 2019.

   1. (1) Annual Fee Revenue (AFR) is the amount of funds that shall be collected on a fiscal-year basis to cover the costs of the Dam Safety Program. Annual Fee Revenue is equal to the Required Revenue (RR) less the Filing Fee Revenue (FFR), and adjusted for True-up, as shown in the following formula:

      1. (A) Required Revenue (RR) equals the total amount of funds required to cover the entire costs of implementation of the Dam Safety Program each fiscal year. RR is based on the number of personnel positions, including salaries and wages, and staff benefits; operating expenses; contractual obligations; overhead costs; and all other direct costs, as approved in the California Budget Act for that fiscal year.
      2. (B) Filing Fee Revenue (FFR) equals the amount of funds earned, in the current fiscal year, from application filing fees imposed pursuant to section 314.
      3. (C) True-up refers to the excess or shortfall in the actual revenue collected or used in the prior fiscal year and shall be carried over to the next fiscal year's calculation of the total revenue requirement.
      4. (D) Dam Safety Program refers to the department's statewide regulation of dam safety implemented pursuant to Water Code, Division 3, Part 1.

      AFR = RR - FFR + True-up

   2. (2) Annual Schedule of Fees for Fiscal Year 2019/20. For Fiscal Year 2019/20 (July 1, 2019-June 30, 2020), all dams shall be assessed an annual fee based on the following formula:

      1. (A) Administrative Fee is a flat fee per dam that is calculated at five-percent of the AFR divided by the total number of dams subject to annual fees imposed by Water Code section 6307.

      2. (B) Dam Fee is a variable fee per dam based on the height of the dam and in accordance with the following formula:

         1. 1. Dam Rate is calculated as ninety-five-percent of the AFR divided by the total linear feet of dam height of all dams that are subject to annual fees imposed by Water Code section 6307, except inoperative dams defined in section 316.
         2. 2. Dam Height shall have the same meaning as specified in section 6307(c) of the Water Code rounded to the nearest whole foot. In accordance with section 6008 of the Water Code, water storage elevation means that elevation of water surface which could be obtained by the existing dam or reservoir, as previously operated, were there no outflow and were the reservoir full of water.

         Dam Fee = (Dam Rate) x (Dam Height)

      3. (C) Each rate and fee component is rounded to the nearest whole dollar.

      Annual Fee = [Administrative Fee + Dam Fee]

   3. (3) Annual Schedule of Fees for fiscal years after 2019/20. For fiscal years after Fiscal Year 2019/20, all dams shall be assessed an annual fee based on the following formula:

      1. (A) Administrative Fee is a flat fee per dam that is calculated at five-percent of the AFR divided by the total number of dams subject to annual fees imposed by Water Code section 6307.

      2. (B) Dam Fee is a variable fee per dam based on dam height and in accordance with the following formula:

         1. 1. Dam Rate is calculated as eighty-percent of the AFR divided by the total linear feet of dam height of all dams that are subject to annual fees imposed by Water Code section 6307, except inoperative dams defined in section 316.
         2. 2. Dam Height shall have the same meaning as specified in section 6307(c) of the Water Code rounded to the nearest whole foot. In accordance with section 6008 of the Water Code, water storage elevation means that elevation of water surface which could be obtained by the existing dam or reservoir, as previously operated, were there no outflow and were the reservoir full of water.

         Dam Fee = (Dam Rate) x (Dam Height)

      3. (C) The Critical Appurtenant Structure (CAS) Fee applies to dams with at least one CAS as defined below and does not apply to dams classified as Low Hazard Potential as defined in subsection (a)(1) of Section 335.4 of Article 6, Chapter 1, Division 2, Title 23 the California Code of the Regulations.

         1. 1. The CAS Fee is a surcharge that is proportional to the Dam Fee. The CAS Fee is assessed to dams that have at least one CAS and is based on the following formula:

            CAS Fee = (Critical Appurtenant Structure Rate) x (Dam Fee) x (Number of CAS not to exceed two CAS)

         2. 2. For purposes of this subsection, the following definitions apply:

            1. a. CAS means a saddle dam or spillway that meets the definition of a Critical Appurtenant Structure in subsection (a)(3) of Section 335.2 of Article 6, Chapter 1, Division 2, Title 23 the California Code of the Regulations.
            2. b. Saddle Dam is an auxiliary dam independent of the main dam that is constructed to impound water that would otherwise escape due to low areas in the topography around the reservoir rim.
            3. c. Spillway is generally a channel that has a control structure, such as a concrete or gate structure, that impounds water. A spillway is used to pass excess water, such as but not limited to flood flows, independent of the main dam, saddle dams, or the dam's other appurtenances.

            4. d. Critical Appurtenant Structure Rate (CAS Rate) is the distribution of fifteen percent of the AFR proportionally to dams with at least one CAS. The CAS Rate is calculated by dividing fifteen-percent of the AFR by the summation of the following for all dams with at least one CAS: Dam Fee for each dam with at least one CAS multiplied by the number of the dam's CAS not to exceed two CAS. The CAS Rate is based on the following formula:

               (15% x AFR) / [Σ(Dam Fee for each dam with at least one CAS x Number of the dam's CAS not to exceed two CAS)]

      4. (D) Each rate and fee component is rounded to the nearest whole dollar.

      Annual Fee = [Administrative Fee + Dam Fee + Critical Appurtenant Structure Fee]

   4. (4) Rate Structures. The Annual Fee incorporates three rate structure categories. These categories include:

      1. (A) General rate, which applies to all dams that do not qualify for a reduced or limited rate under subsection (B) or (C), below.
      2. (B) Reduced rate, which applies to dams that meet the definitions in Water Code sections 6307(e) or 6307(f), shall be limited to twenty-percent of the general rate structure.
      3. (C) Limited rate, which applies to inoperative dams defined in section 316 or dams that are described in Water Code section 6307(d). The limited rate shall only include the Administrative Fee described in subsection (a)(2)(A) and (a)(3)(A).
2. (b) Penalty for Delinquent Payment of Annual Fee. Annual fees imposed pursuant to Water Code section 6307 are due July 1 and delinquencies are subject to Water Code section 6428(b).

3. (c) Annual fees shall be assessed for new or enlarged dams that are completed or in operation during a fiscal year in accordance with the following:

   1. (1) The annual fee for a new or enlarged dam completed or in operation on or after July 1 through December 31 of a given fiscal year shall be the full fiscal-year amount described in subsection (a)(4).
   2. (2) The annual fee for new or enlarged dams that are completed or in operation after December 31 shall be prorated based upon the date in the fiscal year the new or enlarged dam became complete or in operation, as follows: New or enlarged dams that are completed or are in operation from January 1 through March 31 shall be assessed half the annual fee pursuant to the rate specified in subsection (a)(4) for that given fiscal year. No annual fee shall be assessed for new or enlarged dams that are completed or in operation from April 1 through June 30. Thereafter, the annual fee shall be the full fiscal-year amount pursuant to subsection (a)(4).

Note: Authority cited: Sections 6078 and 6307, Water Code. Reference: Sections 6002, 6002.5, 6005, 6007, 6008, 6009, 6103, 6307, 6309, 6428 and 6429, Water Code.

History

1. Editorial correction renumbering former section 315 to section 316 and renumbering of former section 314 to section 315 and new Article 3 heading filed 12-8-83 (Register 83, No. 50). For prior history, see Register 83, No. 32.

2. Editorial correction of History (Register 91, No. 24).

3. Amendment of section and Note filed 3-26-2018 as an emergency; operative 3-26-2018 (Register 2018, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2018 or emergency language will be repealed by operation of law on the following day.

4. Amendment of section and Note refiled 9-20-2018 as an emergency; operative 9-25-2018 (Register 2018, No. 38). A Certificate of Compliance must be transmitted to OAL by 12-24-2018 or emergency language will be repealed by operation of law on the following day.

5. Amendment of section and Note refiled 12-19-2018 as an emergency; operative 12-25-2018 pursuant to Government Code section 11346.1(d) (Register 2018, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-25-2018 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 12-19-2018 order, including amendment of section and Note, transmitted to OAL 3-21-2019 and filed 5-1-2019; amendments operative 5-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 18).