(a) Applicability. This section applies in
any fiscal year in which the State Legislature has authorized the state board
to collect fees in excess of $17.4 million to recover the costs of additional
state programs related to nonvehicular sources, consumer products, and
architectural coatings.
(b)
Determination of Supplemental Fees to be Assessed
(1) Needed Supplemental Fees. The Executive
Officer shall determine the needed revenues as specified in section
90800.8(c)(1). If
the needed revenues are equal to or less than $17.4 million, the revenues shall
be collected from facilities, consumer products manufacturers, and
architectural coatings manufacturers as provided in sections
90800.8 to
90803. If the needed revenues are
in excess of $17.4 million, the amount in excess of $17.4 million shall be
collected as supplemental fees from facilities, as provided in the following
subsections. The total revenues collected from facilities pursuant to this
subchapter:
(A) shall not exceed the amount
authorized by Health and Safety Code section
39612(f)
or other provisions of State law, and
(B) may include a percentage increase in
revenues by an amount not to exceed the annual percentage change in the
California Consumer Price Index, as provided in Health and Safety Code section
39612(f)(2),
if such an increase is necessary to collect the revenues authorized by the
State Legislature for any fiscal year.
(2) Adjustment Amount. An additional
adjustment amount, not to exceed 3 percent of the needed supplemental fee
revenues, designed to recover unforeseen reductions in collections due to
unexpected business closures and bankruptcies.
(3) Carry-over Balance. The amount of
supplemental fees collected in the previous fiscal year in excess of or less
than the needed supplemental fee revenues for that fiscal year.
(4) Emissions of Facilities Subject to
Supplemental Fees. Any facility identified in section
90800.8(c)(4) is
subject to the supplemental fee. The total emissions of each facility subject
to the fee shall be determined as provided in section
90800.8(c)(4).
(5) Supplemental Fee per ton. The
supplemental fee per ton for the fiscal year shall be calculated in accordance
with the following formula:
|
Supplemental Fee per ton |
= |
S
+ A - C |
|
|
|
|
SE |
|
Where
S = The needed supplemental fee revenues identified in
accordance with section
90805(b)(1).
SE = The total tons of nonattainment pollutants or
precursors individually emitted in annual amounts of 250 tons or more from all
permitted facilities in the state identified in accordance with section
90800.8(c)(4).
A = The adjustment amount identified in accordance with
section (b)(2).
C = Carry-over balance determined in accordance with
section (b)(3).
(6)
Supplemental Fee Amount to be Remitted from each Facility Operator. The dollar
amount to be transmitted to the state board, in addition to the amount remitted
under section
90800.8(c)(7),
shall be calculated in accordance with the following formula:
Amount to be transmitted = SF * SD
Where
SF = Fee per ton as calculated in accordance with section
90805(b)(5).
SD = The tons of nonattainment pollutants or precursors
individually emitted in annual amounts of 250 tons or more from a permitted
facility identified in accordance with section
90800.8(c)(4).
(c) Preliminary and Final Determination of
Supplemental Fees to be Assessed.
(1) The
Executive Officer shall make a preliminary determination of the supplemental
fees to be assessed as specified in section
90800.8(c).
(2) The Executive Officer shall make a final
determination of the supplemental fees to be assessed as specified in section
90805(b), and
shall provide a written final fee determination notice to each district and to
each facility operator identified in accordance with section
90800.8(c)(4).
(3) The Executive Officer may include the
preliminary and final supplemental fee determinations in the written notices
provided under sections
90800.8(c) and
90800.8(d), or
may use separate notices for the supplemental fees.
(4) For the 2004-2005 fiscal year, the
Executive Officer is not required to provide a preliminary determination notice
for the supplemental fees, and the final supplemental fee determination notice
shall be provided no later than 30 days after the operative date of this
section. For the 2005-2006 and subsequent fiscal years, the fee determination
notices shall be provided within the time periods specified in sections
90800.8(c) and
90800.8(d), or as
soon thereafter as practicable.
(d) Transmittal of the Supplemental Fees to
the State Board
(1) Each facility operator
that is notified pursuant to section
90805(c) that it
must remit a specified dollar amount to the state board shall transmit that
dollar amount to the state board for deposit into the Air Pollution Control
Fund within 60 days after receipt of the fee determination notice. The
supplemental fees shall be in addition to any other fees already authorized to
be collected from such sources, including the fees collected pursuant to
sections
90800.8 and
90802.
(2) Newly Identified Facilities. Newly
identified facilities are subject to the supplemental fees in the same manner
that they are subject to the fees collected pursuant to sections
90800.8(e)(2)(A)
and
90802. The Executive Officer shall
collect the supplemental fees using the process for newly identified facilities
specified in section
90800.8(e)(2)(A).
The operator of each newly identified facility shall transmit the assessed
dollar amount to the state board within 60 days after receipt of the fee
determination notice from the Executive Officer.
(e) Optional Process for Districts to Collect
Supplemental Fees from Facilities
(1)
2004-2005 Fiscal Year. Districts shall not have the option to collect
supplemental fees from facilities for the 2004-2005 fiscal year.
(2) 2005-2006 and Subsequent Fiscal Years.
Beginning with the 2005-2006 fiscal year, each district shall have the option
for any fiscal year to collect supplemental fees from facilities instead of
having the state board collect the fees. A district that chooses to collect the
supplemental fees shall follow the process specified in section
90800.9(c) and
(d) for fees collected pursuant to sections
90800.8 and
90802.
(f) Fee Payment and Collection.
(1) The Executive Officer shall notify and
assess the operator of each facility subject to the supplemental fees in
writing of the fee due as provided in this section. The fee shall be past due
60 days after receipt by the operator of the fee determination
notice.
(2) Late Fees. The
Executive Officer shall assess an additional fee on operators failing to pay
the supplemental fee within 60 days of receipt of the fee determination notice.
The Executive Officer shall set the late fee in an amount sufficient to pay the
state board's additional expenses incurred by the operator's untimely
payment.
(3) Any supplemental fees
submitted to the state which exceed or are less than the costs to the state of
additional state programs authorized or required by the State Legislature shall
be carried over by the state for adjustment to the supplemental fees assessed
in the subsequent fiscal year.
Notes
Cal. Code Regs. Tit. 17, §
90805
1. New
section filed 3-3-2005; operative 3-3-2005 pursuant to Government Code section
11343.4
(Register 2005, No. 9).
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.
1. New section filed
3-3-2005; operative 3-3-2005 pursuant to Government Code section
11343.4
(Register 2005, No. 9).