PROPOSAL:
Appropriate Funds for Newspaper Publication of Notices for Issuance of
Permits Pursuant to Rule 212(g) -Guidelines for Applications Subject to
Regulations XXX (Initial and Revised Title V Permits), XIII, and XVII
SYNOPSIS:
As part of the application permit backlog reduction effort, the number
of Initial and Revised Title V permits as well as non-Title V permits
issued in FY 2001-02 has been higher than originally estimated. This has
steadily depleted the monies originally budgeted to cover the cost of
newspaper publication of the required Public Notices of permits issuance.
The notification expenditure is recovered from the permit applicants after
the newspaper bureau invoices the District. This action would authorize
appropriation of the monies from the Undesignated Fund Balance to the
Engineering and Compliance budget to cover the anticipated cost for the
newspaper public notifications for the remainder of the fiscal year.
COMMITTEE:
Administrative, April 12, 2002, Recommended for Approval
RECOMMENDED ACTION:
Appropriate $155,000 from the Undesignated Fund Balance to the FY
2001-02 Budget, Services & Supplies Major Object, Public Notice and
Advertising Account in Engineering and Compliance.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
AQMD's Rule 212 requires AQMD to inform the public prior to the issuance
of a permit of the intent to grant a permit to certain projects requiring
notification and to fully describe the project in the notice. There are two
types of public notification that are routinely issued by the AQMD.
Depending on the specifics of the project, notice is required to be
distributed to the community where the project is located and/or a notice is
required to be published in a newspaper of general circulation in the county
where the project is located.
Distribution of notices prepared by the AQMD is carried out for new or
modified projects that have emission increases and are located within 1,000
feet of a school property or have emissions that exceed the threshold
specified in Rule 212. Newspaper notifications are triggered for projects
with emissions that exceed the thresholds specified in Rule 212 and for
projects subject to Regulation XVII - Prevention of Significant
Deterioration (PSD) and Regulation XXX for Initial and Revised Title V
permits.
The public notices are prepared by AQMD and sent to the Newspaper Bureau
to publish in a newspaper of general circulation in the county where the
project is located. The Newspaper Bureau provides proof of the publication
and also invoices the AQMD. AQMD's Fee Rule 301 allows the AQMD to recover
the actual cost of publication for the issuance of Initial and Revised Title
V permits. For non-Title V permits, the publication fee is fixed and is
based on the equipment type and the associated fee schedule.
For FY 2001-02, $60,000 was budgeted to cover the expense of the
newspaper notifications. However, as part of the AQMD's extensive effort to
reduce the permit backlog, the number of permits, including Initial and
Revised Title V permits as well as non-Title V permits, issued in FY 2001-02
has significantly increased. As a result the cost of newspaper publication
of notices required prior to the issuance of permits has exceeded the monies
originally budgeted to cover this cost. Although the cost of public notices
is recovered from the permit applicants by AQMD after the Newspaper Bureau
invoices the AQMD, this money is received as revenue and must be
appropriated into the Engineering and Compliance budget for the public
notice account to offset the increased cost of pubic notices.
Proposal
In order to cover the cost of public notices, staff requests an
appropriation of $155,000 from the Undesignated Fund Balance to the
Engineering and Compliance budget for FY 2001-02. This will cover the
anticipated shortfall in Engineering and Compliance's budget to pay for the
invoices received by the AQMD from the Newspaper Bureau for the publication
of these public notices in FY 2001-02.
To reduce the associated costs and uncertainties in the newspaper public
notifications, the AQMD has proposed amendments to Rule 301 that will:
- Establish the cost of publication in a newspaper of general
circulation in each of the four counties in AQMD's jurisdiction for both
Title V and non-Title V permit notices; and
- Allow an option for permit applicants to directly arrange publication
of the public notice in the newspaper of general circulation and provide
the AQMD with a copy of the proof of publication.
Resource Impact
This action will allow Engineering and Compliance to cover the current
and anticipated costs through the remainder of this fiscal year associated
with public notification of permit issuance.
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