Report 2019-127 Recommendation 8 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 #8 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 immediately publicize the vacancies on the advisory committee on its website and in the monthly and annual county reports of vacancies on boards, commissions, and committees, and actively seek nominations to fill these positions.

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: No Action Taken

The district board has not yet determined whether it believes that the Advisory Committee is necessary.

1-Year Agency Response

The new Governing Board has not yet considered whether the advisory committee is still necessary. However, at its May 21, 2021 meeting, the Governing Board created an ad hoc Governance Subcommittee, which was tasked with identifying the APCD's policy priorities and addressing other governance matters,. District staff plan to engage the Board's Governance Committee on the question of whether an advisory committee is still needed. The advisory committee currently has two members and its meetings are 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: No Action Taken

The Air District's response states that its new governing board has not made a determination on whether the advisory committee is still necessary--as we recommended--and that advisory committee meetings are currently on hold pending a board decision.

The ad hoc governance subcommittee the Air District references in its response is made up of current board members, in contrast to the non-board member representatives of business and environmental interests that made up the advisory committee. Further, according to the Board's meeting minutes, the ad hoc committee is not subject to state public meeting requirements.

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: Pending

Although the San Diego Air District indicated that it advised the District Board of the audit recommendations, it did not describe whether the District Board determined the advisory committee is necessary, or how the District Board will address the vacancies on the advisory committee.

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 it advised the District Board of the audit recommendations, it did not describe whether the District Board believes the advisory committee is necessary, or how the District Board will address the vacancies on the advisory committee.

All Recommendations in 2019-127

Agency responses received are posted verbatim.