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Other Background Information <br />Eugene City Charter Section 54, Article VII, requires hazardous substance users in Eugene to pay fees <br />as necessary to support the operations of the Toxics Right-to-Know Program, which was established in <br />1996 by voter adoption of that Charter section. For purposes of these fees, a definition of"hazardous <br />substance user" is provided in Eugene City Code Section 3.692. <br /> <br />Subsection B of Article VII provides that the fee amounts shall be recommended annually by the Toxics <br />Board and approved and amended as necessary by the City Council. Subsection C provides that fees <br />shall be paid by May 1 of each calendar year. <br /> <br />In past years, the council has authorized fees by resolution. However, under new state law, a City <br />ordinance is now required. The same body of state law provides, effective this year, that no facility shall <br />be assessed local hazardous substance fees of more than $2,000 in any calendar year. As explained <br />earlier, this provision significantly influenced the recommendation now before the council, when <br />compared to past years' fees. <br /> <br />The proposed ordinance attached to this summary reflects the Toxics Board's unanimous <br />recommendation of a fee of $31.65 per FTE for each participating business, up to a maximum of $2,000. <br />This will generate revenue estimated at $97,724, sufficient to operate the program at the current level for <br />the upcoming fiscal year. <br /> <br />Timing <br />To comply with the Charter requirement that fees be paid by May 1, and to allow companies sufficient <br />processing time, staff would like to mail invoices on or about April 1, 2004, and so City Council <br />authorization would be needed prior to that date. <br /> <br />OPTIONS <br /> 1. Adopt the ordinance. <br />2. Amend and adopt the ordinance. <br />3. Decline to adopt the ordinance. <br />4. Re-refer the issue to the Toxics Board. <br /> 5. Provide further direction. <br /> <br /> STAFF RECOMMENDATION <br />The Toxics Board and staff recommend Option 1. <br /> <br /> S[IGGESTED MOTION <br />Move to adopt an ordinance adopting hazardous substance user fees for the fiscal year commencing <br />July 1, 2004. <br /> <br />ATTACHMENTS <br />A. Recommended ordinance adopting hazardous substance user fees for the fiscal year commencing <br /> July 1, 2004 <br />B. Record of public input <br /> <br /> L:\CMO\2004 Council Agendas\M040310\S040310C.doc <br /> <br /> <br />