Section 90805 - Supplemental Fee Assessments for Facilities(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.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).