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MEMORANDUM
TO: Board of Directors
FROM: Doug Gearhart, Air Pollution Control Officer
Anita L. Grant, County Counsel
DATE: May 14, 2019
SUBJECT: (a) Consideration of Resolution Establishing a Streamlined Process for Processing Cannabis Cultivation Permits Through the Issuance of Temporary and Provisional Permits; and (b) Consideration of a Resolution Adopting a Policy for the Collection of Taxes Pursuant to the Lake County Cannabis Cultivation Tax Ordinance
EXECUTIVE SUMMARY:
(a) The Lake County Air Quality Management District has adopted Rules and Regulations that comply with State and Federal Clean Air Act Requirements. The Cannabis industry is something new that was not considered years ago when the permitting programs were setup. So, during the next 5 years, to expedite both permit issuance and the industry evaluation for air quality impacts, mitigation measures, and future developments, the AQMD staff with the assistance of Counsel has implemented the use of Temporary permits for cultivation activities that qualify for Early Activation and those that do not require any construction activity other than the planting of Cannabis, and the use of provisional permits which are used to ensure the industry is clear that there may be changes or modification necessary as we study the impacts of cultivation. These permits make it clear that industry will be part of the process to develop solutions should studies and inspection over the next few years find impacts that need to be mitigated. We recommend these permit types be authorized for up to 5 years, so that the industry has time to develop and our knowledge of the industry and impacts can be improved. After 5 years the permits will automatically transition to standard permits, expect if the few cases where new technology or mitigation measures are being tested during which time the permit may remain provisional to allow more flexibility to develop solutions to impacts. In 5 years, if we feel the temporary permit/ provisional permit option continues to be needed, we will bring this back to the Board for further guidance.
(b) Attached here for your Board’s discussion and consideration is a draft resolution that establishes a policy and practice in regard to the manner of the collection of taxes imposed under the Lake County Cannabis Cultivation Tax Ordinance.
Specifically, it is intended to express the point at which such taxes begin to accrue. If this is a topic your Board wishes to pursue, the resolution is in draft form and subject to any changes and/or additions your Board wishes to make.
If your Board wishes to adopt the resolution, it may be offered for passage.
Thank you.
FISCAL IMPACT: _x_ None __Budgeted __Non-Budgeted
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Recommended Action
RECOMMENDED ACTION:
(a) Adopt the Resolution Establishing a Streamlined Process for Processing Cannabis Cultivation Permits Through the Issuance of Temporary and Provisional Permits.
(b) Adopt the Resolution Adopting a Policy for the Collection of Taxes Pursuant to the Lake County Cannabis Cultivation Tax Ordinance.