HomeMy WebLinkAboutCC RES 09-37RESOLUTION NO. 09-37
A RESOLUTION OF THE CITY OF PALM DESERT SUPPORTING
LEGISLATIVE EFFORTS BY THE SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT (AQMD) TO OVERTURN THE STATE
SUPERIOR COURT RULING RELATIVE TO ISSUANCE OF AIR
QUALITY PERMITS
WHEREAS, the South Coast Air Quality Management District, (AQMD), is the
agency responsible for attaining State and federal clean air standards in the South
Coast Air Basin; and
WHEREAS, the Riverside County portion of the Salton Sea Desert Air Basin that
includes the Coachella Valley is under the AQMD jurisdiction under the provisions of the
Health and Safety Code Section 40413; and
WHEREAS, AQMD and the City of Palm Desert, have a demonstrated history of
implementing of PM10 control strategies and collaborating on other air quality efforts
benefitting the residents of Eastern Riverside County and the Coachella Valley
communities; and
WHEREAS, the City of Palm Desert, under the guidance of AQMD, has
implemented and maintained a Coachella Valley State Implementation Plan (CVSIP)
addressing air quality mitigation efforts for maintenance of the federal PM10 air quality
standard; and
WHEREAS, due to a recent State Superior Court decision, AQMD has
suspended operations of its internal bank of emission reduction credits (ERCs) also
known as offset credits; and
WHEREAS, operation of the internal bank is needed for AQMD to provide credits
to permit applicants from the Rule 1309.1 Priority Reserve, and for AQMD to allow
permit applicant exemptions from offset requirements specified in Rule 1304; and
WHEREAS, this court action also impacts thousands o, previously issued permits
in which AQMD cannot ensure the long-term validity of permits issued on or after
August 3, 2007, or possibly on or after September 8, 2006; arid
WHEREAS, without AQMD's bank credits, no esser;tial public service projects
can be permitted; no other local government and business permits can be issued
including hospitals, schools, police stations, landfills, sewage treatment plants,
renewable energy projects; and
WHEREAS, any facilities, regardless of size, are also affected including auto
body shops, service stations, printers, local governments and other medium and large
businesses; and
RESOLUTION NO. 09-37
WHEREAS, without legal remedy, the only remaining option for local
governments and businesses is to purchase ERCs on the Open Market, which are
extremely limited, expensive and potentially unaffordable; and
WHEREAS, this court action impacts businesses in the Coachella Valleys;
thereby resulting in a direct severe economic impact to the Coachella Valley cities; and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF PALM DESERT hereby declares and resolves its support and endorses any
and all efforts of the South Coast Air Quality Management District to resume issuing
permits and overturn the State Superior court's decision.
BE IT FURTHER RESOLVED, that the City supports a legislative amendment to
add sections 21080(b) (16) and 21080(b) (17) to the Public Resources code relating to
air pollution to be sponsored by Senator Rod Wright representing Senate District 25
including Los Angeles, Long Beach, and Inglewood.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm
Desert, California, on this 11th day of June, 2009, by the following vote, to wit:
AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RAOHELLE D. KE SSEN,✓CITY CLER
CITY OF PALM DESERT, CALIFORNIA
ROBERT A. SPIEGEL, MAY
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