File #: 18-1308    Version: 1
Type: Agenda Item Status: Approved
File created: 8/16/2018 In control: Board of Supervisors
On agenda: 9/18/2018 Final action: 9/18/2018
Title: Air Quality Management District (AQMD) recommending the Board, acting as the AQMD Board of Directors adopt and authorize the Chair to sign Resolution 194-2018 amending the AQMD Fiscal Year 2018-19 approved Personnel Resolution for AQMD: 1) Delete 1.0 full time equivalent (FTE) Development Aide II; 2) Add 1.0 FTE Air Quality Technician; 3) Add 1.0 FTE Senior Air Quality Engineer to AQMD; 4) Provide authorization to the Director of Human Resources to make, if needed, any technical corrections to the authorized personnel allocations for AQMD; and 5) Approve the related budget transfer. (4/5 vote required) FUNDING: 60% Permit Revenues, 33% State Surcharge Fees and 7% State Subvention.
Attachments: 1. A - AQMD Allocation Change Resolution, 2. B - Counsel Approval of Resolution, 3. C - Budget Transfer Request, 4. Executed Resolution 194-2018, 5. Executed Budget Transfer

Title

Air Quality Management District (AQMD) recommending the Board, acting as the AQMD Board of Directors adopt and authorize the Chair to sign Resolution 194-2018 amending the AQMD Fiscal Year 2018-19 approved Personnel Resolution for AQMD:

1) Delete 1.0 full time equivalent (FTE) Development Aide II;

2) Add 1.0  FTE Air Quality Technician;

3) Add 1.0 FTE Senior Air Quality Engineer to AQMD;

4) Provide authorization to the Director of Human Resources to make, if needed, any technical corrections to the authorized personnel allocations for AQMD; and

5) Approve the related budget transfer.  (4/5 vote required)

 

FUNDING: 60% Permit Revenues, 33% State Surcharge Fees and 7% State Subvention.

Body

DEPARTMENT RECOMMENDATION:

Air Quality Management District (AQMD) recommending the Board, acting as the AQMD Board of Directors approve and authorize the deletion of the Development Aide position from, and the addition of the Air Quality Technician and Senior Air Quality Engineer positions to the AQMD Fiscal Year 2018-19 approved Personnel Resolution.

DISCUSSION/BACKGROUND

AQMD is updating its staffing to improve public service, comply with regulatory program implementation requirements, adapt to the increased workload and establish succession planning. 

Development Aide to Air Quality Technician:

In 2005, the Board adopted AQMD Fugitive Dust Rule 223-1 and Asbestos Dust Rule 223-2.  These rules required dust control plans for grading projects.  From 2005 through 2010, AQMD employed a Development Technician that reviewed and approved 99% of the dust plans over the counter.  That allocation was eliminated in 2010, because of the economic downturn and the incumbent's retirement.  Subsequently, the dust plan review and approval task was assigned to the Air Quality Specialists. Because the Specialists spend the majority of their time working in the field conducting source inspections and responding to complaints, average dust plan processing time increased from 15 minutes to 4.5 work days.  The Air District currently receives over 400 dust plans per year.  The Air District employs a Development Aide II whose primary is providing public service at the front counter.  The Development Aide job description does not include reviewing and approving permits/plans. 

On 4/24/18, the Board approved Resolution 070-2018 for the acceptance of State funding for the implementation of the Community Air Protection Program (CAPP) in accordance with the requirements of Assembly Bill 617. On 8/28/18, the Board approved Resolution 176-2018 for the acceptance of State funding for the implementation of the Emission Inventory District Grant Program (EIDG) in accordance with Assembly Bill 197. 

The new Air Quality Technician classification was developed to include job functions to support CAPP, EIDG, the Naturally Occurring Asbestos (NOA) program, the Hotspots Analysis and Reporting Program (HARP) and expand support for AQMD’s in house fiscal administration and professional staff.  Job duties in the AQ Technician classification that are not in the Development Aide classification include:

                     Receives, reviews, and approves basic applications such as burn permits, fugitive dust plans, and resident grant incentive applications;

                     Assists Air Quality Analyst with payroll, receiving and processing payments, procurement processing, revenue deposits, and other basic administrative tasks;

                     Reviews, determines the status, and signs off of on building permits for compliant projects in Trakit system;

                     Maps parcels for naturally occurring asbestos, dust plans, complaints, source emissions, and controlled burn projects;

                     Assists engineers in maintaining the HARP database, mapping sources, and emissions dispersion;

                     Assists with the development of District operations policies and procedures;

                     Utilizes various databases to compile specific data, create reports, and perform statistical analysis;

                     Reviews, corrects, and creates maps, map layers, charts, tables, displays, presentations, brochures, drawings, and reports using GIS, cartographic techniques, source data, and field observations; 

                     Receives and inputs Air Quality Specialists' written inspection observations into database;

                     Follows up with source operators after inspections to obtain any required run time, throughput, and compliance test data and then enters data into source files and emissions inventory database; and

                     Inputs and processes Notice to Comply and Notice of Violation citations issued by Air Quality Specialists.

The Air Quality Technician classification was approved by the Board on 8/28/18.

Senior Air Quality Engineer

AQMD has had two engineer position allocations since 2004.  With the continuing addition over time of new permitted sources, increasing regulatory oversight responsibilities and grant funded emission reduction projects, the air quality engineering evaluation workload has grown significantly.  Since 2004 the numbers of permitted stationary sources have increased by 26%, registered portable sources have increased by 638% and complaints have increased by 17%.  Climate change and comprehensive community air quality risk reduction legislation have added additional regulatory implementation requirements. 

The Senior Air Quality Engineer (Sr. AQE) classification will oversee the implementation of the new CAPP and EIDG programs.  The EIDG program requires air emissions reporting and risk evaluation and is similar to the California Environmental Reporting System for the storage of hazardous materials and generation of waste.  With the Board’s recent approval of the EIDG program, the Engineering staff is beginning the comprehensive source parameter, emissions inventory, risk evaluation and reporting work required to comply with AB  197 and AB 617.  This new workload is expected to require approximately 0.5 FTE of Engineering staff time.

Several of the Districts Rules and the AQMD CEQA Guidance are in need of amendments to comply with new State and federal regulatory developments, improve compliance and meet State Implementation Plan commitments.  The Residential Burning, Gasoline Dispensing Facility, New Source Review and General Permit Rules are in need of amendments to incorporate new State and federal control measures.  Once the Rules are amended, the source permits must be updated. The CEQA Guidance does not address greenhouse gas (GHG) emissions.  Currently, project proponents must refer to GHG thresholds of other jurisdictions when attempting to determine impact significance.   The Engineers perform the review, emission reduction analysis, update and public review processes for these amendments

Because the grant programs result in the greatest emission reductions, AQMD grant program implementation has dramatically increased since 2004. On February 10, 2015, the Board authorized AQMD implementation of the Carl Moyer program (Moyer).  While this action ensured that annual funding allocated to El Dorado County is expended in El Dorado County, it also increased the Engineering staff workload. Public participation in the grant programs funded by recurring annual AB 2766, AB 923, Moyer and State Subvention has multiplied.  All proposed grant funded vehicle emission reduction projects are evaluated by the Engineers to determine project eligibility and emission reduction cost effectiveness. 

In addition, the Engineers implement the grant funded incentive programs for wood stoves, lawn mowers, electric vehicles (EV) and EV charging stations.  The wood stove incentive program was initiated in 2007 and revised by the Board in 2013. Participation has increased from 10 residents per year from 2007-2012, to 250 residents in FY 17/18. Recently enacted SB 563 established Woodsmoke Reduction as an ongoing State program to be administered by air districts. The other incentive programs were initiated within the last three years.  While AQMD has been very proficient at obtaining and implementing grants, many additional grant opportunities have not been pursued due to staffing limitations.  The ability to obtain grants for additional emission reduction projects in El Dorado County would further reduce our residents’ exposure to air pollutants.  Additional grant administration funding would partially offset the increased staff cost.

In November of 2016, the Board approved an amended Air Pollution Control Officer (APCO) classification.  That classification reduced the minimum experience requirement from four years of management experience to two years of supervisory experience.  In June of 2018, with Resolution 095-2018 the Board approved and adopted the new Sr. AQE position with a class specification that included supervisory responsibility. By establishing a line of succession within AQMD from Sr. AQE to APCO, the Board will have the option of quickly filling future APCO vacancies with staff knowledgeable of and experienced with AQMD Rules, programs, grants, operations and proactive public service policy. In 2011 AQMD was managed for 11 months by a Principal Analyst from the CAO’s office while the recruitment for a new APCO was conducted. Having a second management/supervisory position will ensure continuity of AQMD operations when the APCO is unavailable.  AQMD management operations such as complaint response, responding to media inquiries, policy implementation, staff supervision and payroll could continue uninterrupted.

In terms of number of permitted sources per staff member, AQMD currently has a staffing level that is on average half that of the other California air districts.  Most rural county air districts do very little or no implementation of the incentive and grant programs. Staff salaries and benefits comprise only 16% of the adopted FY 18/19 AQMD budget.  The addition of the Sr. AQE position and the replacement of the Development Aide with an AQT will increase the salaries and benefits budget portion to 18%.  AQMD receives no general fund support.  Should economic conditions deteriorate in the future, AQMD could reduce staffing temporarily as was done in 2009, or it could allocate additional AB2766 and other revenue to staff costs.  However, this position is sustainable.  While AQMD expends over 50% of our AB2766 revenue for emission reduction projects, many air districts utilize 100% of their AB2766 revenue for staffing.  The AB 2766 revenue and the Subvention, AB 923, AB 617, AB 197, and other state program administration revenues are sufficient to sustain this position.

Job duties in the Sr. AQE classification that are not in the AQE classification include:

                     Exercises direct or general supervision over professional, technical, and administrative support staff.

                     Assists in planning, organizing, administering, reviewing, and evaluating the activities of professional, technical, and administrative support staff; assists in the selection of staff and provides for their training and professional development.

                     Assists in the development and implementation of goals, objectives, policies, procedures, and work standards for the District; provides input into the District's budget.

                     Participates in the selection of, trains, motivates, and evaluates assigned personnel; works with employees to correct deficiencies; implements discipline and termination procedures.

                     Contributes to the overall quality of the District by developing, reviewing, and implementing policies and procedures to meet legal requirements and County needs; monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors the distribution of work, support systems, and internal reporting relationships; identifies opportunities for improvement; directs the implementation of change.

                     Monitors and reviews, as required, inspection reports and supportive data and recommends appropriate action, including mutual settlement, prosecution on a criminal or civil basis, or dismissal or referral to another agency; investigates complaints regarding public nuisances, dust, odor, and related air pollution issues.

                     Reviews, evaluates, and monitors federal and state legislation related to the area of assignment and evaluates possible effects of legislation on District policies and procedures; makes recommendations for and implements changes as needed.

                     Conducts complex and sensitive annual inspections, evaluations, and documentation of stationary emission sources to determine compliance with air pollution control laws and regulations.

                     Researches grant opportunities, prepares applications, and implements awarded grant funds; administers District grants, including screening grant applicants for eligibility, tracking expenditures, calculating reductions achieved, preparing and submitting reports.

                     Maintains cooperative working relationships with other County departments, divisions, other agencies, community groups, and industries; represents the District at various inter-departmental and other meetings as requested.

                     May serve as the Air Pollution Control Officer on a relief basis.

ALTERNATIVES

1)                     The Board could decline to adopt the attached Resolution amending the AQMD Personnel Allocation Resolution and staffing would remain the same;

2)                     The Board could decide to approve the deletion of the 1.0 FTE Development Aide II and addition of the 1.0 FTE AQT, but not approve the addition of the 1.0 FTE Sr. AQE;

3)                     The Board could decide to approve the addition of the 1.0 FTE Sr. AQE, but not approve the deletion of the 1.0 FTE Development Aide II and corresponding addition of the 1.0  FTE AQT.

PRIOR BOARD ACTION

On June 20, 2018, with Resolution 095-2018 the Board approved and adopted the new Sr. AQE position class, class specification and established the salary. 

On August 28, 2018, with Resolution 180-2018 the Board approved and adopted the new  AQT position class, class specification and established the salary.  

OTHER DEPARTMENT AND/OR AGENCY INVOLVEMENT

Human Resources

CAO RECOMMENDATION

Recommend approval per request. 

FINANCIAL IMPACT

The associated cost and revenue impacts are:

a)                     For 18/19, expenditures will increase by approximately $96,000, to account for the deletion of the Development Aide position and addition of the AQT position ($3,000 - difference between the two positions) and to account for the Sr. AQE position ($93,000).

b)                     Ongoing costs for a full fiscal year are approximately $150,000 /year, to account for the AQT position ($6,000 - difference between the Development Aide and AQT position) and for the Sr. AQE position ($144,000).    For 18/19 there is sufficient funding in contingency.  For 19/20 and future years there will be sufficient funding in Permit revenues, State Subventions and the State surcharges.

c)                     The addition of the Sr. AQE will require the use of an additional 120 square feet of office space.  The AQMD current temporary location has the necessary capacity.  All of the five options for a permanent AQMD office developed by Facilities staff also have the necessary capacity.

d)                     Aside from office furniture and equipment, there are no fixed asset impacts.  The Engineers work in the field only occasionally and the Technician works in the office exclusively.  An additional vehicle is not necessary.

e)                     No significant impacts on other counties or County Departments are anticipated.

f)                     AQMD does not receive any General Fund support.

CLERK OF THE BOARD FOLLOW-UP ACTIONS

Upon Board approval and adoption, please provide Scott Wilson in AQMD with copies of the Minute Order and the fully executed Resolution

STRATEGIC PLAN COMPONENT

Good Governance

CONTACT

Dave Johnston, Air Pollution Control Officer