1 BEFORE THE CALIFORNIA STATE BOARD OF EQUALIZATION 2 505 VAN NESS AVENUE, AUDITORIUM 3 SAN FRANCISCO, CALIFORNIA 4 5 6 7 8 REPORTER'S TRANSCRIPT 9 SEPTEMBER 10, 2013 10 11 12 13 14 ITEM P 15 OTHER ADMINISTRATIVE MATTERS 16 ITEM P4 17 PROPERTY AND SPECIAL TAXES DEPUTY DIRECTOR'S REPORT 18 2. APPROVAL OF 2014 HAZARDOUS SUBSTANCES PROGRAM 19 FEES AND OCCUPATIONAL LEAD POISONING PREVENTION FEE 20 21 22 23 24 25 26 27 REPORTED BY: Kathleen Skidgel 28 CSR NO. 9039 1 1 P R E S E N T 2 3 For the Board Jerome E. Horton of Equalization: Chairman 4 5 Michelle Steel Vice-Chairwoman 6 7 Betty T. Yee Member 8 9 George Runner Member 10 11 Marcy Jo Mandel Appearing for John 12 Chiang, State Controller (per Government Code 13 Section 7.9) 14 Joann Richmond 15 Chief, Board Proceedings Division 16 17 For the Board of Equalization Staff: David Gau 18 Deputy Director Property and Special 19 Taxes Division 20 Randy Ferris Chief Counsel 21 Legal Department 22 23 ---oOo--- 24 25 26 27 28 2 1 505 VAN NESS AVENUE, AUDITORIUM 2 SAN FRANCISCO, CALIFORNIA 3 SEPTEMBER 10, 2013 4 ---oOo--- 5 MS. RICHMOND: Our next item is P4.2, 6 Approval of 2014 Hazardous Substances Program Fees 7 and Occupational Lead Poisoning Prevention Fee. 8 MR. HORTON: Mr. Gau. 9 MR. GAU: This item is the, uh, request for 10 the, uh, consumer price index adjustment for the 11 2014, uh, calendar year. This is for the disposal 12 fee, the facility fee, generator fee, environmental 13 fee, activity fee, and the occupational lead 14 poisoning fee. 15 MR. HORTON: Thank you very much. 16 MS. STEEL: I have a question. 17 MR. HORTON: Member Steel. 18 MS. STEEL: This one is required by the law 19 that has to be adjusted. Why this one has to come 20 to our, uh, approval? It -- it's just like 21 inflation adjustment. 22 MR. GAU: And it is. 23 Randy Ferris is going to -- I'll defer to 24 him. 25 MR. FERRIS: Randy Ferris. It -- it 26 doesn't necessarily have to. Uh, traditionally, 27 that is the way the Board has done it. But we could 28 bring back on a -- on a -- on noticed agenda item 3 1 for the Board to either just direct us to report to 2 you what the -- the rate is -- 3 MS. STEEL: Yeah. 4 MR. FERRIS: -- going to be in the future 5 or to formally delegate -- 6 MS. STEEL: Mr. Chairman -- 7 MR. FERRIS: -- that rate change. 8 MS. STEEL: -- I like that, yeah. 9 MR. HORTON: I agree. There are a couple 10 items, such as that -- 11 MS. STEEL: Right. 12 MS. YEE: Mm-hmm. 13 MR. HORTON: -- I believe we've had an 14 opportunity -- 15 MS. STEEL: Yeah. 16 MR. HORTON: -- to discuss that. Um, we 17 would ask that staff do so -- 18 MS. STEEL: Thank you. 19 MR. HORTON: -- to allow the Executive 20 Director to take these actions. These are 21 administrative in nature. 22 MS. STEEL: Right. 23 MR. HORTON: But yet still to the general 24 public it appears as though we're doing something 25 that we're really, really not. So, um -- but for 26 the essence of time, this is before us. 27 MS. YEE: Yeah. 28 MR. HORTON: We'll take that as a motion. 4 1 Second by Member -- 2 MS. STEEL: No, I don't want to vote. 3 MR. HORTON: Second -- 4 MS. MANDEL: I'll move it. 5 MS. STEEL: I'll abstain. 6 MS. YEE: I'll second. 7 MR. HORTON: Moved by Member Mandel, second 8 by Member Yee. 9 Without objection -- 10 MS. STEEL: I just abstain. 11 MR. HORTON: Uh, abstain -- abstention 12 noted. Such will be the order. 13 MS. YEE: Mr. Chairman? 14 MR. HORTON: Member Yee. 15 MS. YEE: May I just, um, notice for the 16 next Board meeting, there've been a couple property 17 tax items that, um, we've received some 18 correspondence about. And I would just like to 19 have, um, the staff report on status. 20 MR. HORTON: Sure, of course. 21 MS. YEE: Um, one relates to, um -- and I 22 think there have been some discussions, but it may 23 be appropriate to have it, uh, for a public 24 discussion, uh, relates to possessory interest on 25 leased Indian lands. 26 Um, and then, uh, I'm going to look to 27 Senator Runner because it's -- it's -- the other 28 issue, which keeps coming up, and it hasn't in a 5 1 while, but seemed like this last week people keep 2 inquiring about the status of our look at embedded 3 software. 4 MR. RUNNER: Yeah, and I think by -- by -- 5 actually, we will have a discussion on embedded 6 software -- 7 MS. YEE: Okay. 8 MR. RUNNER: -- as we meet with assessors. 9 MS. YEE: Oh, good. 10 MR. RUNNER: And I think at that time 11 maybe -- and the -- and the staff is doing some work 12 in regards to that. They've surveyed assessors. 13 MS. YEE: Good. Okay. 14 MR. RUNNER: Uhm, and so I think at that 15 time will be a natural time for that particular 16 issue. 17 MS. YEE: Okay. 18 MR. RUNNER: Um, the other issue you 19 brought up is certainly an interesting one. 20 MR. FERRIS: The -- the -- 21 MS. YEE: Yeah. 22 MR. FERRIS: The assessors are also highly 23 interested in that. 24 MR. RUNNER: Yeah, ya think? 25 MS. YEE: Yes, I'm sure they are. Uh, I -- 26 I -- we've been getting meeting requests and it just 27 seems to me it probably is right for the Board to 28 just understand what the issues are, the public 6 1 side. 2 MR. HORTON: Member Yee, as well, there -- 3 there are a number of groups that might have some 4 interest, CNIGA and so forth. Maybe possibly under 5 your leadership we can actually have some 6 educational outreach, uh, at the -- in Sacramento -- 7 I believe they a have headquarters in Sacramento 8 that could accommodate a, uh -- 9 MR. RUNNER: I think -- 10 MR. HORTON: -- public discussion in that 11 regard. 12 MR. RUNNER: I mean, I -- yeah, I believe 13 that it's an issue that has been -- is being looked 14 at right now, and I believe that there's a -- a 15 report. 16 MR. FERRIS: There's a lawsuit in Palm 17 Springs -- 18 MR. RUNNER: Yeah. 19 MR. FERRIS: -- that may cast light on 20 it. 21 MS. YEE: Right. 22 MR. RUNNER: And I -- yeah, and I think in 23 our -- and we had some taxpayer inquiries about that 24 particular issue, too, that -- 25 MR. FERRIS: Uh, yes, we have. It's a -- 26 MR. RUNNER: Yeah. 27 MR. FERRIS: -- a high area of interest, 28 but it's also an area where there's not a lot of 7 1 guidance from the courts yet. 2 MS. YEE: Mm-hmm. 3 MR. RUNNER: Yeah. Thank you. 4 MR. HORTON: Okay. 5 MS. YEE: Okay, thank you. 6 MR. GAU: Thank you. 7 ---oOo--- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 1 REPORTER'S CERTIFICATE 2 3 State of California ) 4 ) ss 5 County of Sacramento ) 6 7 I, KATHLEEN SKIDGEL, Hearing Reporter for 8 the California State Board of Equalization certify 9 that on September 10, 2013 I recorded verbatim, in 10 shorthand, to the best of my ability, the 11 proceedings in the above-entitled hearing; that I 12 transcribed the shorthand writing into typewriting; 13 and that the preceding pages 1 through 8 constitute 14 a complete and accurate transcription of the 15 shorthand writing. 16 17 Dated: October 18, 2013 18 19 20 ____________________________ 21 KATHLEEN SKIDGEL, CSR #9039 22 Hearing Reporter 23 24 25 26 27 28 9