Cal. Code Regs. Tit. 17, § 90800.9 - Optional Process for Districts to Collect Fees from Facilities
(a) Notwithstanding
the provisions of sections
90800.8 and
90802, each district shall have
the option for any fiscal year to collect fees from facilities within the
district instead of having the state board collect the fees. A district that
chooses to collect fees from facilities pursuant to this section shall follow
the process set forth below in section
90800.9(b) or
(c). For districts that do not choose to
collect fees from facilities, the Executive Officer shall follow the process
specified in sections
90800.8 and
90802. Districts shall not have
the option to collect fees from consumer products manufacturers and
architectural coatings manufacturers.
(b) 2003-2004 Fiscal Year.
(1) Notification. A district that chooses to
collect fees from facilities for the 2003-2004 fiscal year shall notify the
Executive Officer no later than 10 days after the operative date of this
section. No later than 30 days after the operative date of this section, the
Executive Officer shall provide written notice to each district and facility
operator, as specified in section
90800.8(a)(2)(A).
(2) Collection and Transmittal of Fees to the
State Board. Each facility operator notified under section
90800.8(a)(2)(A)
shall transmit the specified dollar amount to the district within 60 days of
notification. No later than 90 days after notification under section
90800.8(a)(2)(A),
each district shall transmit the fees to the state board for deposit in the Air
Pollution Control Fund. The amount transmitted shall be collected by the
district from all facilities in the district that are identified in the
Executive Officer's notification. The fees shall be in addition to permit and
other fees already authorized to be collected from such sources. Districts
shall assess late fees and may recover administrative costs for the 2003-2004
fiscal year as provided in sections
90800.9(c)(3) and
(c)(4).
(c) 2004-2005 and Subsequent Fiscal Years. A
district that chooses to collect fees on facilities for the 2004-2005 fiscal
year or any subsequent fiscal year shall notify the Executive Officer on or
before April 1 of the preceding fiscal year, and the district and the Executive
Officer shall follow the process set forth below in subsections (c)(1) through
(c)(5).
(1) Notification to Districts by the
Executive Officer. No later than May 1 of the preceding fiscal year, the
Executive Officer shall notify the district of the preliminary determination of
fees to be assessed on each facility as provided in section
90800.8(c). No
later than August 1, of the fiscal year, the Executive Officer shall notify the
district of the final determination of fees to be assessed on each facility as
provided in section
90800.8(d).
(2) Notification to Facilities by the
District. Each district shall notify and assess the operator of each facility
subject to permit fees, as provided for in this subchapter, in writing of the
fee due. The fee shall be past due 60 days after receipt by the operator of the
fee determination notice.
(3) Late
Fees. Each district shall assess an additional fee on operators failing to pay
the fee within 60 days of receipt of the fee determination notice. The district
shall set the late fee in an amount sufficient to pay the district's additional
expenses incurred by the operator's untimely payment.
(4) Recovery of Administrative Costs. Each
district may recover administrative costs to the district of collecting the
fees pursuant to this subchapter. At the request of the Executive Officer, a
district shall provide to the Executive Officer, within 30 days of the request,
substantiation of administrative costs.
(5) Collection and Transmittal of Fees to the
State Board. Each district that is notified pursuant to section
90800.9(c)(1)
that it must remit a specified dollar amount to the state board shall transmit
that dollar amount to the state board by January 1 of the fiscal year for
deposit into the Air Pollution Control Fund. The amount transmitted shall be
collected by the district from the facilities in the district that are
identified in the Executive Officer's final fee determination as meeting the
criteria in section
90800.8(c)(4).
The fees shall be in addition to permit and other fees already authorized to be
collected from such sources.
(d) Newly Identified Facilities. In addition
to the amounts transmitted in accordance with section
90800.9(b)(2) and
(c)(5), a district shall, for any facility
identified by the Executive Officer as meeting the criteria in section
90800.8(c)(4)
after the Executive Officer's notification under section
90800.8(a)(2)(A)
or 90800.8(d),
transmit to the state board for deposit into the Air Pollution Control Fund the
dollar amount equal to the fee per ton calculated using the formula in section
90800.8(c)(6)
multiplied by the total tons of the facility's emissions, during the year used
to determine emissions in accordance with section
90800.8(c)(4), of
all nonattainment pollutants or precursors that were individually emitted by
the facility in an amount of 250 tons or more in the year. The operator of each
newly identified facility shall transmit the assessed dollar amount to the
district within 60 days after receipt of the fee determination notice from the
Executive Officer. The amount transmitted shall be collected by the district
from the newly identified facility, and shall be in addition to permit and
other fees already authorized to be collected from the facility. The district
shall transmit any fees received from the facility to the state board by
January 1 of the fiscal year, or, for fees received by the district on or after
December 31, within 30 days after receiving the fees from the
facility.
Notes
Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code.
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