To: BOARD OF SUPERVISORS
From: Air Quality Management District
Meeting Date: December 3, 2024
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Department Contact: |
Douglas Gearhart |
Phone: |
707-463-4354 |
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Department Contact: |
Efraim Lopez |
Phone: |
707-463-4354 |
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Item Type: Noticed Public Hearing |
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Time Allocated for Item: 1 Hour |
Agenda Title:
title
Noticed Public Meeting - Discussion and Possible Action Including Direction to Staff as Necessary for Updated Fee Schedule and Receiving Public Comments Regarding the Proposed Adoption of a Regulation Establishing an Updated Fee Schedule for the Air Quality Management District (AQMD)
(Sponsor: Air Quality Management District)
End
Recommended Action/Motion:
recommendation
Provide direction to staff as necessary for updated fee schedule and receive public comments regarding the proposed adoption of a regulation establishing an updated fee schedule for the Air Quality Management District (AQMD).
End
Previous Board/Board Committee Actions:
5/6/2003- Adoption of Resolution accepting the State Air Resources Board (ARB) burn permit fee schedule requirement
9/14/1993 - Adoption of Resolution ratifying MCAQMD master fee schedule
Summary of Request:
In 1993, the sitting MCAQMD Board adopted the most recent District fee schedule, which is Chapter III of the District’s Regulation 1. In 2003 the District added the requirements of a burn permit fee. Since these adoptions the District is in severe need of a more representative update to the fee schedule.
The District charges permit fees (applications and annual permits) to cover the costs of reviewing, issuing, and mediating compliance. State law and the Health and Safety Code allow the District to fund its activities through a combination of grants, subventions, permit fees, penalties, and surcharges.
The District has a current fee-related deficit of roughly $501,000 or recovers 42% of its costs. Health and Safety Code Section 41512 provides the District with the ability to set fees (after a public hearing) to recover the costs associated with evaluation, sampling, calculations, and report preparation for sources that have emissions provided fees do not exceed the cost of providing those services. Section 41512.7(d)(2) provides language that enables the District to increase individual fees for service for permit to operate by no more than 15% per year. Section 42311 enables the District to establish fees for renewal, evaluation, and issuance of permits for stationary sources, nonvehicular sources emitting toxic air contaminants, and hearing board fees, provided they do not exceed the cost of providing those services. Additionally, the statute provides that the District can increase these fees every year based upon the California CPI.
It is requested that the Board hold this noticed public meeting, in advance of a public hearing scheduled for December 17 at which time the Board will be asked to take action to adopt new fees which will be implemented beginning July 1, 2025. Noted that a subsequent hearing will be required before the implementation date to adjust local rules to the new adopted fee schedule as approved by the Board.
Alternative Action/Motion:
Do not hold public meeting in advance of approval of MCAQMD updated fee schedule and do not approve request of full cost recovery as proposed.
Strategic Plan Priority Designation: A Safe and Healthy County
Supervisorial District: All
Vote Requirement: Majority
Supplemental Information Available Online At: www.mendoair.org
Fiscal Details:
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source of funding: Permit fees |
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current f/y cost: $500,584 |
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budget clarification: N/A |
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annual recurring cost: N/A |
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budgeted in current f/y (if no, please describe): No |
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revenue agreement: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
CEO Liaison: Steve Dunnicliff, Deputy CEO
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: No Action Taken |
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Date: December 3, 2024 |
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