COMMONWEALTH OF KENTUCKY LEGISLATIVE RESEARCH COMMISSION

GENERAL ASSEMBLY LOCAL MANDATE FISCAL IMPACT ESTIMATE

2005 REGULAR SESSION 2004 INTERIM

MEASURE

2005 RS BR / 1557 / Amendment: / Committee / Floor
Bill #: / SB 213 / Amendment #
SUBJECT/TITLE / AN ACT relating to air pollution control districts.
SPONSOR / Senator Dan Seum

MANDATE SUMMARY

Unit of Government: / City; / County; / Urban-County
Charter County / X / Consolidated Local

Program/

Office(s) Impacted: / Air pollution control District; Mayor; local legislative body
Requirement: / X / Mandatory / Optional

Effect on

Powers & Duties / X / Modifies Existing / Adds New / X / Eliminates Existing

PURPOSE/MECHANICS

SB 213 amends KRS 77.015 to direct that the duties, and federal and state funds, of the air pollution control district in a county containing a consolidated local government with an "operational" air pollution control district are to become the responsibility of the consolidated local government within one year of the Act's effective date. The air pollution control powers, duties and responsibilities are to be lodged within a newly created department or agency of the consolidated local government. Any promulgated air pollution control rules or regulations are to be no greater than regulations promulgated by any relevant federal agency.

KRS Chapter 77 sets forth the policy and procedures for the establishment of air pollution control districts within counties and within cities of the first or second class. Under KRS 77.015, local air pollution control districts are not authorized to transact any business until the local legislative body of the county by resolution, or of the city (first or second class cities only) by ordinance, declares there is a need for an air control district in the respective county or city.

The Louisville Metro Air Pollution Control District (APCD) is the air pollution control agency of Louisville/Jefferson County, Kentucky. It is the only local air pollution control agency in Kentucky. Established in 1945 as the Louisville Smoke Abatement Commission, it became the Air Pollution Control District of Jefferson County in 1952. After the City-County Compact of 1986, APCD staff were employees of the Jefferson County government until the County government merged with the City of Louisville effective January 6, 2003. In the merged Louisville/Jefferson county government, APCD has been renamed the Louisville Metro Air Pollution Control District. It is part of the Community Development Cabinet. A board of citizens, the Air Pollution Control Board, oversees the District.

FISCAL EXPLANATION/BILL PROVISIONS / ESTIMATED COST

The fiscal impact of SB 213 on local government could be moderate to significant.

SB 213 eliminates the current Louisville Metro Air Pollution Control District and transfers its federal and state funds and the air pollution control powers, duties and responsibilities of the district to the Louisville Metro Government (a consolidated local government).

According to the Metro Louisville Approved Budget for 2004-2005, the Mayor's Recommended and Council Approved 2004-2005 General Fund Appropriation for the Air Pollution Control District was $499,000. The total revenues recommended for 2004-2005 were $6,061,900. (includes the General Fund Appropriation plus Agency Receipts, Federal Grants, State Grants) http://www.loukymetro.org/0405Budget/AirPolutionControlDistrict.pdf

Implementation of the measure could result in increased administrative costs for Louisville Metro Government as follows:

· Transfer and incorporation of the duties of a independent regulatory agency into the mainstream of a local government will: (1) require additional personnel activities, including staff training and retraining; (2) incur moving expenses; (3) require development of new document management practices; and (4) renegotiation of federal and state grants.

Implementation of the measure could result in decreased administrative costs for Louisville Metro Government as follows:

· If there were a reduction in a number of management/administrative positions within the new air pollution control administrative unit;

· If there were a reduction in the scope of programs administered by the new administrative unit;

· If there were a reduction in the size, duties, or frequency of meetings of the advisory bodies (Air Pollution Control Board & Air Quality Task Force) to the new administrative unit.

DATA SOURCE(S) / Staff, Metro Louisville Department of Finance and Budget; http://www.loukymetro.org/0405Budget/AirPolutionControlDistrict.pdf; Staff, Air Pollution Control District; http://www.apcd.org.
PREPARER / Dianna McClure / REVIEW / DATE

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