Rule 9510 ISR off-site mitigation fee - NOx

“1.0 Purpose The purposes of this rule are to: 1.1 Fulfill the District's emission reduction commitments in the PM10 and Ozone Attainment Plans. 1.2 Achieve emission reductions from the construction and use of development projects through design features and on-site measures. 1.3 Provide a mechanism for reducing emissions from the construction of and use of development projects through off-site measures.”

“10.1 The District shall establish and maintain separate accounts for NOx and for PM10 for funds collected under this rule. Any off-site fees collected by the District shall be deposited into these accounts. 10.2 The District shall utilize monies from the accounts to fund quantifiable and enforceable Off-Site projects that reduce surplus emissions of NOx and PM10 in an expeditious manner.”

“3.14 District: the San Joaquin Valley Unified Air Pollution Control District including Fresno, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare Counties, and the San Joaquin Valley Air Basin portion of Kern County.”

2005-12-15

“IN THE MATTER OF: PROPOSED RULE 9510 (Indirect Source Review) and PROPOSED RULE 3180 (Administrative Fees for Indirect Source Review) RESOLUTION NO. 05-12-16 ... NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Governing Board hereby adopts Rule 9510 (Indirect Source Review), and Rule 3180 (Administrative Fees for Indirect Source Review) as set forth in the attached hereto and incorporated herein by this reference. Said rules shall become effective on December 15, 2005.”

Resolution No. 05-12-16

“IN THE MATTER OF: PROPOSED RULE 9510 (Indirect Source Review) and PROPOSED RULE 3180 (Administrative Fees for Indirect Source Review) RESOLUTION NO. 05-12-16 ... NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Governing Board hereby adopts Rule 9510 (Indirect Source Review), and Rule 3180 (Administrative Fees for Indirect Source Review) as set forth in the attached hereto and incorporated herein by this reference. Said rules shall become effective on December 15, 2005.”

“7.3 The applicant shall pay the Off-Site Fees in full by the invoice due date or prior to generating emissions associated with the project or any phase thereof, whichever occurs first.”

San Joaquin Valley Unified Air Pollution Control District (SJVAPCD), the agency that levies it

“8.2 Public Agency Review of the proposed project: The APCO shall forward a copy of the AIA application, including the MRS (if applicable) to the relevant public agencies for review. ... No section or provision within this rule requires action on the part of the public agency.”

“4.3 Development projects that have a mitigated baseline below two (2.0) tons per year of NOx and two (2.0) tons per year of PM10 shall be exempt from the requirements in Sections 6.0 and 7.0.”

“7.4 The applicant shall receive credit for any off-site emission reduction measures that have been completed and/or paid for, prior to December 15, 2005, if the following conditions have been met: 7.4.1 The prior off-site emission reduction measures were part of an air quality mitigation agreement with the APCO; or 7.4.2 The applicant demonstrates to the satisfaction of the APCO that the off-site emission reduction measures result in real, enforceable, and surplus reductions in emissions.”

“2.3 Section 2.2 shall not apply if any of the following are true: 2.3.1 Final discretionary approval for the large development project has been received prior to March 1, 2006; or ... 2.3.3 Prior to March 21, 2018, the applicant received project-level building permits, a conditional use permit, or similar approvals for the particular large development project; or 2.3.4 The large development project qualifies as a Grandfathered Large Development Project.”