California Public Resources Code

§ 42064.01

PRC § 42064.01 Effective Jan 1, 2024Div. 30 · Part 3 · Ch. 3 · Art. 3

Statute text

(a)A person from whom the environmental mitigation surcharge imposed pursuant to Section 42064 is determined to be due by that section may petition for a redetermination of whether this chapter applies to that person within 30 days after service upon them of a notice of the determination. If a petition for redetermination is not filed within the 30-day period, the amount determined to be due becomes final at the expiration of the 30-day period.

(b)A petition for redetermination of the application of this section or Section 42064 shall be in writing and be sent to the department or its designee. The petition shall state the specific grounds upon which the petition is founded and include supporting documentation. The petition may be amended to state additional grounds or provide additional documentation at any time prior to the date that the department issues its order or decision with regard to the petition for redetermination.

(c)If a petition for redetermination of the application of this section or Section 42064 is filed within the 30-day period, the department shall reconsider whether the environmental mitigation surcharge is due and make a determination in writing. The department may eliminate the environmental mitigation surcharge based on a determination that this section or Section 42064 does not apply to the person who filed the petition.

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Legislative history

Amended by Stats. 2023, Ch. 848, Sec. 10. (AB 1526) Effective January 1, 2024.