Proposed Adjustment of Public Health Fees for FY

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Proposed Adjustment of Public Health Fees for FY 2011-2012 Public Meetings May 2011 Environmental Health Division Los Angeles County Department of Public Health

EH is a regulatory Regulated agency Facilities charged with enforcing State and local codes FOOD Restaurants Retail food markets Food warehouses Bakeries Mobile food facilities Food borne illnesses investigations Food recall monitoring Public school cafeterias Food processors/manufacturers Wholesale produce markets Soft serve facilities Fairs and carnivals Swap meets HOUSING Apartment buildings Hotels/motels Homeless shelters Complaint investigations ENVIRONMENTAL PROTECTION Small water systems Private wells Landfills Onsite wastewater treatment systems Public swimming pools OTHERS Garment manufacturers Stadiums/racetracks Theaters Laundries

How is the Division Funded? Division s $87.8 M operating fund is derived from permit and service fees per State Health and Safety Code, and Los Angeles County Code. Historically, annual fee increases were based on changes in total Division operating costs. If annual costs increased 4%, a 4% increase was applied to all fees across the board. Fees reviewed annually; last fee increase in 2007, at which time Board directed DPH to study program costs prior to next proposed fee increase.

Study of Current Fees and Program Costs Fee Study completed in 2010 by independent contractor in anticipation of proposed fee adjustment for FY 2011-12. Auditor Controller concurs with study methodology. Costs were determined for services based on workload, e.g. (inspection hours/facility) x (total number of facilities) x (annual inspection frequency).

Findings of the Fee Study 1. Workload analysis of 165 regulatory services indicates current fees do not reflect actual costs. DPH recovers too little from some fee payers and too much from others. Overall, the Department s costs are 14% greater than fees collected. Link 2. Food facility fees are not currently based on inspection frequency, which is the real determinant of cost. Link High risk facilities require 3 inspections annually. Moderate risk facilities require 2 inspections annually. Low risk facilities require 1 inspection annually. 3. There are several entities not currently assessed a fee. These entities can and should be subject to fees for the services provided. Link

Annual Fee Adjustments (by Fiscal Year) 07 08 08 09 09 10 10 11 11 12 4% 0% 0% 0% 14% Return

Food Facility Risk Levels Low risk restaurants and markets handle foods which are generally pre-packaged, ready to eat, or pre-cooked and require heating prior to service (e.g., theater snack bar, convenience store). Higher risk restaurants handle high risk foods such as meat, poultry, seafood, sushi or oysters which are served raw, or require processing, cooling and reheating. Higher risk markets handle and offer for sale high risk foods such as raw meat, poultry, or seafood.

Examples of Risk Levels Low Risk Moderate Risk Higher Risk Starbucks McDonalds Outback Steakhouse Ms. Fields Cookies Subway Sushi Restaurant 99 Cents Only Stores Albertsons Bakery Albertsons Meat Dept. Return

Establish new fees for 37 existing services not currently billed Inventory Newly permitted public pools 4,662 Inspection of recycled water providers 2,620 Inspection of private school cafeterias 807 Inspection of solid waste facilities 95 Inspection of garment manufacturing complex 107 Inspection of Small Water Systems 111 Inspection of day camps 100 Plan check nonfood facilities 89 Inspection of senior feeding sites 103 Various consultations upon request (fee for service)

Actions to Increase Efficiency Consolidated food and housing bureaus, and reduced local district offices from 21 to 16. Established reliable workload estimates, reallocated staff based on needs, and determined actual costs for services provided. Eliminated duplication of efforts in EH programs, e.g. inspection of apartment pools, specialized housing inspections. As a part of annual Program Reviews, managers evaluate business operations to increase efficiencies.

Comparison of Current Fees vs. Actual Costs Service-Facility Type Current Fee Cost Current Recovery Inspection - Food Market Retail 25-1,999 ft 2 high risk $553 $971 57% Inspection - Food Market Retail 25-1,999 ft 2, moderate risk $553 $609 91% Inspection - Restaurant 31-60 seats, high risk $817 $1,209 68% Inspection - Restaurant 31-60 seats, moderate risk $817 $701 117% Inspection - Hotel / Motel 21-50 units $547 $500 109% Inspection - Food Proc Wholesale 2,001-5,999 ft 2 $1,632 $2,279 72% Inspection - Garment Manufacturer 1,001-4,999 ft 2 $508 $632 80%

Impact of Proposed Fee Adjustment for Typical Restaurant, Market, and Apartment Building Class FY10-11 FY11-12 %Change Restaurant (31 60 seats) 546 Low Risk $817 $315-61% 1,119 Mod Risk $817 $701-14% 4,461 High Risk $817 $1,209 + 48% Market (25 1,999 ft 2 ) 6,880 Low Risk $553 $243-56% 497 Mod Risk $553 $609 +10% 1,461 High Risk $553 $971 + 76% Apartment Building 40,313 5-10 Units $203 $292 + 44% 12,161 11-20 Units $303 $302-0.3% 7,461 21-50 Units $370 $348-6%

Effect of the Fee Adjustment on the Restaurant and Food Market Industries % Receiving Fee Increase % Receiving Fee Reduction Notes Restaurants 72% 28% Markets 29% 71% Fee increases range from $57 - $560 Fee reductions range from $40 $1,104 Fee increases range from $10 - $738 Fee reductions range from $14 - $718

Comparison of Proposed Fees with Existing Fees of Other County Jurisdictions 1 Fee Category Los Angeles Orange Sacramento Alameda Restaurants $291-1,351 $561-925 $686-1,616 $561-1,351 Markets $243-1,128 $197-1,258 $543-1,057 $550-1,029 Food Vehicles $583-762 $128-590 $218-554 $132-564 Food Facility Plan Check $274-2,376 $238-2,118 $476-3,080 $407-2,026 Hotels/Motels $408 612 $119-863 n/a $561-1,351 Well Constructions $122-795 $181-683 $355-711 n/a Small Water Systems $245-1,285 $504 $297-3,369 $443 1 Orange County fees last adjusted in 2008; Sacramento, 2010; Alameda, 2009

Summary of the Proposed Fee Adjustment Fees for all services are aligned with costs. Fees for restaurants and markets are based on both size and food safety risk. Fees are being established for 37 regulated entities that are currently not assessed a fee.

Discussion