HomeMy WebLinkAboutRes 09-37 - Support SCAQMD Overturn Issuance of Air Quality PermitsREQUEST:
CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
CONSIDERATION OF RESOLUTION NO. 09-37 RELATIVE TO
OVERTURNING THE SUPERIOR COURT RULING RELATIVE TO ISSUANCE
OF AIR QUALITY PERMITS
DATE: June 11, 2009
CONTENTS: Resolution No. 09-37
RECOMMENDATION:
By Minute Motion, waive further reading and adopt Resolution No.09-37
BACKGROUND:
Due to a recent State Court CEQA decision, the South Coast Air Quality Management District (AQMD)
has been forced to stop issuing permits that rely on the District's internal offsets account. As a result,
almost 100,000 permits are on hold with over 3,000 existing permits representing over 2,000 facilities in
further jeopardy that will have to be revoked. Affected businesses include essential public services such
as sewage treatment plants, hospitals, schools, fire and police stations, landfill, energy projects, gas
stations, dry cleaners, auto body shops, printers, and food manufacturers. Without the use of AQMD's
internal offset account, government and businesses could be forced to spend up to $4 billion for buying
pollution credits, if they are available at all. The lack of AQMD permits means lost jobs and delays in
building needed projects particularly for those that would be eligible to receive stimulus funding from the
Federal government and cannot be built without these permits.
SB696 will reestablish AQMD's internal offset account and allow access to its priority reserve, which will
allow the issuance of required permits for the construction of fire stations, police stations, hospital
powered generators, electricity generators, and other projects that are essential to public services.
Individual permits would not be exempted from CEQA and the California Energy Commission would
undertake an analysis on proposed power plants. AQMD, or the municipality acting as the lead agency,
would continue to conduct CEQA analysis on permits as required under existing law.
Therefore, staff recommends that the City Council adopt such Resolution No. 09-37as presented and
direct staff to forward it to appropriate agencies.
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PATRICIA SCULLY, CFEE
ENI'R MANAGEM :TAN
SHEILA R. dIELIGAN
ACM/COMMUNITY SE"VIC S
M. WOHLMUTH
ITY MANAGER
COUNCIL A� TION
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DIRECTOR OF FINANCE/CITY TREASURER VERIFIED BY: 1
Original on File with City Cerk's Office
RESOLUTION 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 of previously issued
permits in which AQMD cannot ensure the Tong -term validity of permits issued on
or after August 3, 2007, or possibly on or after September 8, 2006; and
WHEREAS, without AQMD's bank credits, no essential 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
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 11 th day of June, 2009, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA