Section 42311 Of Article 1. Permits From California Health And Safety Code >> Division 26. >> Part 4. >> Chapter 4. >> Article 1.
42311
. (a) A district board may adopt, by regulation, a schedule of
annual fees for the evaluation, issuance, and renewal of permits to
cover the cost of district programs related to permitted stationary
sources authorized or required under this division that are not
otherwise funded. The fees assessed under this section shall not
exceed, for any fiscal year, the actual costs for district programs
for the immediately preceding fiscal year with an adjustment not
greater than the change in the annual California Consumer Price
Index, as determined pursuant to Section 2212 of the Revenue and
Taxation Code, for the preceding year. Any revenues received by the
district pursuant to the fees, which exceed the cost of the programs,
shall be carried over for expenditure in the subsequent fiscal year,
and the schedule of fees shall be changed to reflect that carryover.
Every person applying for a permit, notwithstanding Section 6103 of
the Government Code, shall pay the fees required by the schedule.
Nothing in this subdivision precludes the district from recovering,
through its schedule of annual fees, the estimated reasonable costs
of district programs related to permitted stationary sources.
(b) The district board may require an applicant to deposit a fee
in accord with the schedule adopted pursuant to subdivision (a) prior
to evaluating a permit application, if the district accounts for the
costs of its services and refunds to the applicant any significant
portion of the deposit which exceeds the actual, reasonable cost of
evaluating the application.
(c) Except as provided in Section 42313, all the fees shall be
paid to the district treasurer to the credit of the district.
(d) This section does not apply to the south coast district board
which is governed by Section 40510.
(e) In addition to providing notice as otherwise required, before
adopting a regulation establishing fees pursuant to this section, the
district board shall hold at least one public meeting, at which oral
or written presentations can be made, as part of a regularly
scheduled meeting. Notice of the time and place of the meeting,
including a general explanation of the matter to be considered, and a
statement that the information required by this section is
available, shall be mailed at least 14 days prior to the meeting to
any interested party who files a written request with the district
board. Any written request for the mailed notices shall be valid for
one year from the date on which it is filed unless a renewal request
is filed. Renewal requests for the mailed notices shall be filed on
or before April 1 of each year. The district board may establish a
reasonable annual charge for sending the notices based on the
estimated cost of providing that service. At least 10 days prior to
the meeting, the district board shall make available to the public
information indicating the amount of cost, or estimated cost,
required to provide the service for which the fee is charged and the
revenue sources anticipated to provide the service. Any costs
incurred by the district board in conducting the required meeting may
be recovered from fees charged for the programs which were the
subject of the meeting.
(f) In addition to any other fees authorized by this section, a
district board may adopt, by regulation, a schedule of annual fees to
be assessed against permitted nonvehicular sources emitting toxic
air contaminants identified pursuant to the procedure set forth in
Sections 39660, 39661, and 39662. A district board shall demonstrate
that the fees assessed under this subdivision do not exceed the
reasonable, anticipated costs of funding district activities mandated
by Section 39666 related to nonvehicular source emissions. In making
the demonstration, the district shall account for all direct and
indirect costs of district activities related to each toxic air
contaminant. If the district does not make this demonstration, it
shall make reimbursement for that portion of the fee not determined
to be reasonable.
(g) A district may adopt, by regulation, a schedule of fees to be
assessed on areawide or indirect sources of emissions which are
regulated, but for which permits are not issued, by the district to
recover the costs of district programs related to these sources.
(h) A district board may adopt, by regulation, a schedule of fees
to cover the reasonable costs of the hearing board incurred as a
result of appeals from district decisions on the issuance of permits.
However, the hearing board may waive all or part of these fees if it
determines that circumstances warrant that waiver.
(i) Nothing in the amendments to this section enacted in 1988
limits or abridges any previously existing authority of a district to
vary fees according to quantity of emissions, nor affects any
pending litigation which might affect that previous authority.