Report 2019-127 Recommendation 9 Responses

Report 2019-127: San Diego County Air Pollution Control District: It Has Used Vehicle Registration Fees to Subsidize Its Permitting Process, Reducing the Amount of Funds Available to Address Air Pollution (Release Date: July 2020)

Recommendation #9 To: San Diego County Air Pollution Control District

Because the new district board will include additional stakeholders who represent some of the interests that the advisory committee was intended to represent, the district board should determine whether the advisory committee is still necessary. If the district board determines that the advisory committee is still necessary, it should ensure that the district's legal counsel monitors the advisory committee meetings beginning immediately, and advises the committee when it does not comply with state public meeting requirements.

Annual Follow-Up Agency Response From October 2022

The San Diego County APCD Governing Board voted to discontinue the APCD Advisory Committee at its meeting on November 4, 2021.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

Annual Follow-Up Agency Response From October 2021

The Advisory Committee has not met since the District's last update. District staff will ask the Governing Board whether to continue the Advisory Committee in existence at its November 4, 2021 meeting.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

We look forward to reviewing the Air District's next response regarding this recommendation.

1-Year Agency Response

County counsel attended all advisory committee meetings starting in August, 2020. However, as described above in response to recommendation #8, advisory committee meetings are currently on hold pending the new Governing Board's determination regarding whether an advisory committee is necessary.

California State Auditor's Assessment of 1-Year Status: Pending

6-Month Agency Response

The Interim Air Pollution Control Officer, Rob Reider, and Senior Deputy County Counsel Paula Forbis provided a briefing to the APCD Board members' aides on June 30, 2020, to make them aware of the audit report's recommendations. These specific recommendations were raised in the briefing. The question of continuation of the Advisory Committee will be brought to the new APCD Governing Board soon after its formation.

Additionally, a representative from County Counsel has attended all Advisory Committee meetings since August 2020. District counsel Paula Forbis provided a training on the requirements of the state open meeting laws at the October 2020 meeting.

California State Auditor's Assessment of 6-Month Status: Partially Implemented

Although the San Diego Air District's legal counsel has begun attending the advisory committee meetings, the Air District has deferred determining if the Advisory Committee is necessary until the new Air District Board is formed.

60-Day Agency Response

The Interim Air Pollution Control Officer, Rob Reider, and Senior Deputy County Counsel Paula Forbis provided a briefing to the APCD Board members' aides on June 30, 2020, to make them aware of the audit report's recommendations. These specific recommendations were raised in the briefing .

Additionally, counsel Paula Forbis attended the August and September 2020 Advisory Committee meetings. She was prepared to provide a training on the requirements of the state open meeting laws at the September 2020 meeting, but that meeting did not occur due to lack of quorum. The training will be provided at the next regularly scheduled meeting of the committee.

California State Auditor's Assessment of 60-Day Status: Pending

Although the San Diego Air District indicated that its legal counsel attended the August and September 2020 advisory committee meetings, the District did not provide additional information or documentation regarding whether legal counsel will attend future advisory committee meetings to advise the committee when it does not comply with state public meeting requirements.

All Recommendations in 2019-127

Agency responses received are posted verbatim.