Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The State Board shall adopt a regulation
for fiscal year 2001-2002 which meets the requirements of Health and Safety
Code Section
44380(a).
Districts whose fee schedules are included in this regulation under Section
90704(b) are
subject to the provisions of subdivisions (d)-(i) of this section.
(b) The State Board may annually adopt a fee
schedule which assesses a fee upon the operators of facilities subject to this
regulation, and which identifies and provides for the recovery of state costs
for the applicable fiscal year and district costs for fiscal year 2001-2002 to
administer and implement the Act pursuant to Section
90700(b), for
facilities located in districts that have completed all of the following
requirements:
(1) The district board has
approved, and adopted by resolution, the cost of implementing and administering
the Act for the fiscal year 2001-2002 as specified in Section
90700(b)(2);
(2) The district has submitted a written
request specifying the amount to be collected for fiscal year 2001-2002,
through fees established by the State Board regulation, as calculated pursuant
to Section
90704(d), (e), (f), (g), (h), and
(i) and including documentation of the
costs;
(3) The district has
submitted the resolution, request and documentation specified in subsections
(1) and (2) to the State Board by April 1, 2001 preceding the applicable fiscal
year.
(c) Any district
whose fee schedule is included in this regulation pursuant to Section
90704(b)(1)-(3)
may, as a substitute for this regulation, adopt a district fee rule for fiscal
year 2001-2002 that meets the requirements of Section
90700(b),
provided that the district informs the Executive Officer of the State Board in
writing.
(d) Beginning in fiscal
year 2002-2003, the Executive Officer will annually develop a fee schedule by
applying the applicable State Facility Fee Rate contained in Table 3, or the
$35 flat fee for Industrywide facilities, to each facility subject to the Fee
Regulation in the Facility Data List provided by the districts pursuant to
Section 90702. Districts whose fee
schedules are included in this regulation under Section
90704(e)(5) are
subject to the provisions (d)-(i) of this section.
(e) Calculation of Fees.
(1) The State Board shall establish the fee
applicable to each facility for the recovery of state and district costs and
shall notify each district in writing of the amount to be collected from each
facility and of the amount of revenue which the district must remit to the
State Board for reimbursement of state costs, as set forth in Table 1. When
calculating the fees, the State Board shall use the State costs in Table 1 and
the district costs in Table 2 for fiscal year 2001-2002, and shall take into
account and allow for the unanticipated closing of businesses, nonpayment of
fees, and other circumstances which would result in a shortfall in anticipated
revenue.
(2) Beginning in fiscal
year 2002-2003, the Executive Officer will annually develop a fee schedule by
applying the applicable State Facility Fee Rate contained in Table 3, or the
$35 flat fee for Industrywide facilities, to each facility subject to the Fee
Regulation in the Facility Data List provided by the districts pursuant to
Section 90702, and shall notify each
district in writing of the amount to be collected from each facility and the
amount of revenue which the district must remit to the State Board for
reimbursement of the State costs.
(3) The State Board shall calculate fees on
the basis of the Facility Data List as set forth by the district by July 1 for
fiscal year 2001-2002, except for facilities excluded under Section
90702(c) or
covered by Section
90704(g) and (h).
For purposes of calculation of a district's share of State costs under this
subdivision and under Section
90703(a), the
number of State Industrywide facilities shall be used instead of the number of
Industrywide facilities. Facilities that meet the Industrywide Facility
definition but do not meet the State Industrywide Facility definition shall be
placed in the appropriate Facility Program Category for purposes of calculation
of a district's share of the State's costs. Districts may still assess
facilities that meet the Industrywide definition but not the State Industrywide
definition the fees listed in Table 4 for fiscal year 2001-2002.
(4) Beginning in fiscal year 2002-2003, the
Executive Officer shall make an annual determination of the fees on the basis
of the Facility Data List set forth by the district by September 1 of the
applicable fiscal year, except for facilities excluded under Section
90702(c) or
covered by Section
90704(g) and (h).
For purposes of calculation of a district's share of State costs under this
subdivision and under Section
90703(a), the
number of State Industrywide facilities shall be used instead of the number of
Industrywide facilities. Facilities that meet the Industrywide Facility
definition but do not meet the State Industrywide Facility definition shall be
placed in the appropriate Facility Program Category for purposes of calculation
of a district's share of the State's costs.
(5) Beginning in fiscal year 2002-2003 and
for subsequent fiscal years, districts that do not have a locally adopted fee
regulation are authorized to collect fees to recover local program costs up to,
but not to exceed, the amount of the State Facility Fee Rate on a per-facility
basis. Districts making use of this provision shall provide a summary of the
district program costs to ARB by September 1 of the applicable fiscal
year.
(6) No later than December 1
of the applicable fiscal year, beginning in December of fiscal year 2002-2003,
the Executive Officer shall make a final determination of the State Program fee
amounts and the apportionment of those amounts to the districts, as calculated
based on the State Facility Fee Rate and Facility Data
List.
(f) Fees Based on
Facility Program Category.
(1) The State Board
shall provide a flat fee per facility based on the facility program category of
the facility as set forth in the State Facility Fee Rate in Table 3 for all
applicable fiscal years, and Table 4 for fiscal year 2001-2002. For fiscal year
2002-2003 and beyond, the fee for the Industrywide category shall be $35. The
Facility Program Categories for Table 3 are Prioritization Score Greater Than
Ten (10.0) (Complex); Prioritization Score Greater Ten (10.0) (Medium);
Prioritization Score Greater Than Ten (10.0) (Simple); Risk of 10.0 to Less
Than 50.0 Per Million (Complex); Risk of 10.0 to Less Than 50.0 Per Million
(Medium); Risk of 10.0 to Less Than 50.0 Per Million (Simple); Risk of 50.0 to
Less Than 100.0 Per Million (Complex); Risk of 50.0 to Less Than 100.0 Per
Million (Medium); Risk of 50.0 to Less Than 100.0 Per Million (Simple); Risk of
100.0 Per Million, or Greater (Complex); Risk of 100.0 Per Million, or Greater
(Medium); Risk of 100.0 Per Million, or Greater (Simple); Tracking (Complex);
Tracking (Medium); Tracking (Simple); Unprioritized (Complex); Unprioritized
(Medium); and Unprioritized (Simple). The Facility Program Category for Table 4
is State Industrywide.
(2) A
facility that becomes subject to the Act after State Board adoption of the Fee
Regulation, and is required to prepare an Inventory Plan and Report during the
applicable fiscal year in accordance with Sections
44340,
44341,
and
44344
of the Health and Safety Code, shall pay the appropriate Unprioritized
(Complex, Medium, or Simple) fee for that fiscal year.
(3) A district shall provide to the State
Board, by July 1, 2001, and for subsequent fiscal years by September 1 of the
applicable fiscal year, a Facility Data List. The Facility Data List shall
contain the following information:
(a) the
district abbreviation,
(b) the
county ID,
(c) the name and facility
identification number,
(d) the
Standard Industrial Classification Code of the facility,
(e) the number of Source Classification
Codes,
(f) complexity (Simple,
Medium, Complex),
(g) prioritization
score,
(h) health risk assessment
results, (i) whether or not the health risk assessment has been reviewed by
OEHHA,
(j) whether or not a
screening risk assessment was performed,
(k) reason excluded from calculation of the
State's cost under the previously applicable fiscal year's Air Toxics Hot Spots
Fee Regulation,
(l) whether or not
the facility is a state industrywide facility,
(m) whether or not the facility is a small
business as defined under Section
90701(aa),
(n) whether or not the facility is a District
Update Facility as defined under Section
90701(c),
and
(o) former Facility Program
Category for the previously applicable fiscal year. The district shall provide
the SIC Code for facilities being added to the State Industrywide Facility
category.
(g)
Specified Flat Fees.
(1) An Industrywide
Facility shall be assessed the flat fee specified in Table 4 for fiscal year
2001-2002, and $35 per Industrywide facility for subsequent fiscal years. If a
facility was previously assessed, and has paid, a fee pursuant to the Facility
Program Categories specified for Table 4, subsequent fees pursuant to Table 4
shall be waived by the district, if the district determines that there are
insignificant costs with respect to said facility under the Act.
(2) A facility in the State Industrywide
Facility Program Category, as defined by Section
90701(ae), shall
be assessed the flat fee specified in Table 4 for fiscal year 2001-2002, and
$35 per industrywide facility for subsequent fiscal years.
(h) Other Flat Fees.
(1) Pursuant to the provisions of Section
44380.5
of the Health and Safety Code, the supplemental fee which may be assessed upon
the operator of a facility, to cover the direct costs to the district to review
the information supplied, shall be no higher than $2,000.
(2) The maximum fee that a small business, as
defined in Section
90701(aa), shall
pay will be $300.
(3) If in the
judgment of a district the action will not result in a shortfall in revenue, a
district may request the fee for the Unprioritized (Simple) category be set at
no more than $800.
(4) Pursuant to
the provisions of Section
44344.4(b)
of the Health and Safety Code, the operator of an Update Facility may be
assessed a fee of no higher than $125 to cover the direct cost to the district
to review the facility's quadrennial emission inventory update submitted under
Health and Safety Code Section
44344.
Beginning with Fiscal Year 1997-98, a district may assess a higher fee to
review quadrennial emission inventory updates if it adopts written findings
that the costs of processing the emission inventory update exceed $125 and
submits those findings to the State Board by June 30 preceding the applicable
fiscal year. The fee adopted shall be no higher than that supported by the
written findings.
(i) For
fiscal year 2001-2002, costs to be recovered by the regulation adopted by the
State Board pursuant to subdivision (b) of this section shall be calculated as
follows: Each district board shall approve its anticipated costs to implement
and administer the Act. The Air Resources Board will subtract from this amount
anticipated revenues from collection of the flat fee specified in Section
90704(g); and any
excess revenues obtained by the district pursuant to Section
90705(c). When
submitting board-approved program costs to the State Board, the district shall
include a breakdown of how the collected fees will be used.
(j) Districts shall reimburse the State in
accordance with Health and Safety Code Section
44361(c)
for review of facility risk assessments submitted to the State after March 31,
1995.
1. New
section filed 12-15-88; operative 12-15-88 (Register 88, No. 52).
2.
Amendment filed 3-26-90; operative 4-25-90 (Register 90, No. 17).
3.
Amendment of Tables 1 through 10, Appendices A and B filed 3-28-91 as an
emergency; operative 3-28-91 (Register 91, No. 23). A Certificate of Compliance
must be transmitted to OAL by 7-26-91 or emergency language will be repealed by
operation of law on the following day.
4. Certificate of Compliance,
including amendments to Appendix B, as to 3-28-91 order transmitted to OAL
7-25-91 and filed 8-26-91 (Register 92, No. 9).
5. Renumbering and
amendment of former section
90704 to section
90705 filed 1-30-92; operative
1-30-92 pursuant to Government Code section
11346.2(d)
(Register 92, No. 17).
6. New subsections (a)(1)-(3) and
incorporation and amendment of subsections (c)-(f) from section
90703 filed 1-30-92; operative
1-30-92 pursuant to Government Code section
11346.2(d)
(Register 92, No. 17).
7. Amendment of subsections (c)(2), (c)(4),
(d)(1)-(3), new subsections (d)(4) and (d)(5) and subsection relettering filed
6-23-93; operative 6-23-93 pursuant to Government Code section
113462(d)
(Register 93, No. 26).
8. Amendment of section and NOTE filed
6-28-94; operative 6-28-94 (Register 94, No. 26).
9. Amendment of
section and NOTE filed 6-6-95; operative 6-6-95 pursuant to Government Code
section
11343.4(d)
(Register 95, No. 23).
10. Amendment of subsections (a), (b)(2) and
(d)(1)-(d)(3), new subsection (e)(3), amendment of subsection (h) and repealer
and new subsection (i) filed 6-28-96; operative 6-28-96 pursuant to Government
Code section
11343.4(d)
(Register 96, No. 26).
11. Amendment of section and NOTE filed
4-22-97; operative 4-22-97 pursuant to Government Code section
11343.4(d)
(Register 97, No. 17).
12. Amendment of subsections (b)(2),
(d)(1)-(2), (e)(3), (f)(2), (g)(2) and (g)(4) filed 4-17-98; operative 4-17-98
pursuant to Government Code section
11343.4(d)
(Register 98, No. 16).
13. Amendment filed 6-10-2002; operative
7-10-2002 (Register 2002, No. 24).
Note: Authority cited: Sections
39600,
39601,
44344.4
and
44380,
Health and Safety Code. Reference: Sections
44320,
44322,
44344.4,
44380
and
44380.5,
Health and Safety Code.
