Provide Authority for Title V regulations

Item 365 #1c

Language
Page 272, strike line 22 through line 31 and insert:
“B.1. All of the permit program emissions fees collected by the State Air Pollution Control Board pursuant to § 10.1-1322, Code of Virginia, shall be assessed and collected on an annual basis notwithstanding the provisions of that section. The State Air Pollution Control Board shall adopt regulations adjusting permit program emissions fees collected pursuant to § 10.1-1322, Code of Virginia, and establish permit application processing fees and permit maintenance fees sufficient to ensure that the revenues collected from fees cover the total direct and indirect costs of the program consistent with the requirements of Title V of the Clean Air Act, except that the initial adjustment to permit program emissions fees shall not be increased by more than 30 percent over current rates.  Notwithstanding the provisions of § 10.1-1322, Code of Virginia, the permit application fees collected pursuant to this paragraph shall not be credited towards the amount of annual fees owed pursuant to § 10.1-1322.  All of the fees adopted pursuant to this section shall be adjusted annually by the Consumer Price Index.  
2. The regulations adopted by the State Air Pollution Control Board to initially implement the provisions of this item shall be exempt from Chapter 40 of Title 2.2, Code of Virginia, and shall become effective no later than July 1, 2012. Thereafter, any amendments to the fee schedule described by these acts shall not be exempted from Chapter 40 of Title 2.2, Code of Virginia.”

Explanation
(This amendment authorizes the Department of Environmental Quality (DEQ) to enact regulations that assess charges related to the Title V Clean Air Act program. The amendment requires DEQ to set fees necessary to eliminate the proposed use of general funds to cover a shortfall in fee revenue and provides an offsetting increase in the nongeneral fund appropriation.)