Item 5 - PH/Toxics RTK Fees - Laserfiche WebLink

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To develop an actual 2005 fee recommendation under the proposed ordinance, it would be necessary to specifically identify all businesses to be added to the program, poll them to determine their 2004 FTE levels, add those FTE to the existing FTE pool (polling to determine the existing FTE pool is being done now), and then recalculate the FY06 program budget requirements and applicable fees. 2005 billing would be delayed. Under the proposed ordinance, initial fees for new businesses would be payable in 2005, but the first reporting year would be 2006, meaning that the first reports for new participating businesses would not be due to the City until April 2007. As was done in 1997 under the original program, the initial year (2005) would be used to identify and educate affected businesses, which would then be required to track and substance use for the following year and report it by April 1 of the year after that. The council has also requested information on how the Lane Regional Air Pollution Authority (LRAPA) uses the data already being reported, and how that agency might use the additional data that would be required by the proposed ordinance. LRAPA staff report that they do not use the existing data, though they acknowledge that it could be used on occasion as a cross-check against air emissions data reported to their agency. Information available through the Toxics Program represents only a very small fraction of the hazardous chemicals in Eugene's airshed, and an even smaller fraction when LRAPA's countywide jurisdiction is considered. Air pollution from cars and trucks is of a far greater magnitude than that from Eugene manufacturers. Further, because the Toxics Program is pre-empted by state law from requiring pesticide reporting, some information that might be useful to LRAPA is not available. Although one member of the LRAPA Board has indicated support for this ordinance, the full board has not taken a position on it. As of this writing, the LRAPA Board was scheduled to meet on February 10 to consider a staff recommendation that no position be taken, given that this is a City of Eugene matter and given further that the programs have little practical relationship. LRAPA staff did offer some recommendations, should the City in the future wish to augment local reporting of air emissions: that the two agencies work together from the outset to design an approach; that reporting entities be required to acknowledge other environmental reports that they are required to submit, and permits that they are required to obtain; and that new reporting requirements target types of emissions, rather than types of businesses. RELATED CITY POLICIES A number of City policies are germane to this issue. The Toxics Program itself was enacted by amendment to the City Charter in 1996. Previous City Councils have remained as faithful as possible to the original intent of the voters in enacting the amendment, even as litigation and legislation made this increasingly difficult. (The $2,000 cap is one example. In 1999, the Oregon Court of Appeals ruled that the City's quantity threshold for requiring fees in and of itself constitutes an impermissible assessment of fees based on quantity. This judgment caused the City to add about 30 businesses to the program which were and still are required to pay fees but not to file hazardous substance reports.) The 2003- 2004 City Council Goals call for a safe community (to which, many would say, the Toxics Program contributes) and for fair, stable, and adequate financial resources. Finally, the City's 2005 Legislative Policies include support for legislative remedies to local Toxics Program fee problems stemming from State law. L:\CMO\2005 Council Agendas\M050214\S0502145.doc