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Report to the Board of Supervisors Prepared by the Maricopa County Environmental Services Department Board of Health (BOH) Meeting Date: April 27, 2015 Board of Supervisors Hearing Date: July 22, 2015 Case #/Title: ES-2015-002/Micro Market Fees Supervisor Districts: All Districts Applicant: Maricopa County Environmental Services Department (Department) Request: Approve proposed revision to Maricopa County Environmental Health Code (MCEHC) – to develop new fees that are specific to Micro Markets and more accurately reflect service costs. Support/Opposition: The Department has received one supporting comment and no opposing comments on the proposed changes. One stakeholder attended the March 26, 2015 stakeholder workshop and verbally stated her support and appreciation with the Department for understanding her concerns and working with the industry to develop Micro Market regulations. Department Recommendation: Staff recommends the Board of Supervisors (BOS) approve the proposed revisions to the MCEHC BOH Recommendation: Approve per Department recommended language and proceed on the EROP expedited process. Executive Summary: On December 10, 2014, the Board of Supervisors (BOS) approved Micro Market language in Chapter VIII of the MCEHC. Also, on this date the BOS took note of the Automatic Merchandizing Council’s public request to go forward with the fee portion for Micro Markets. Currently applied Department Micro Market fees include the “All Other Food Establishments, Environmental Health Plan Review” fee ($615.00) and the “Retail Food Establishment, Class 2, Food Environmental Health Operating Permits” fee ($235.00). Page 1 of 2 The Department is proposing reductions of current Micro Market Environmental Health fees pursuant to Arizona Revised Statute § 11-251.08 and County Policy that requires 100% cost recovery for provided services. Proposed fees include: Micro Market Operating Permit ($155), Micro Market Reference Plan ($270) and the Micro Market Permit Processing Fee ($20). This proposed regulatory change is following the EROP policy and workflow process and fee changes are requested. In accordance with the Maricopa County Resolution, “Moratorium on Increased Regulatory Burdens,” the County Manager authorized the Department to proceed with this case in July 2014. The Department conducted a stakeholder workshop on March 26, 2015. Then on April 27, 2015 the Department presented a Staff Report for this case to the Board of Health (BOH) at which time the BOH voted for this case to proceed on the EROP expedited process and that the BOS adopt the proposed Department revision. Elaine Arena, an Arizona Automatic Merchandising Council representative, who supports case ES-2015-002/Micro Market Fees, attended the April 27, 2015 BOH meeting. At the meeting, Ms. Arena expressed her intention to approach the BOS for Micro Market fees to be retroactive to December 2014 when Micro Markets were defined in the MCEHC. Presented by: Steven J. Goode, REHS, Director Attachments: Report to BOH 4/27/15 (16 pages) County Manager Memo – (1 Page) Code Mockup – (4 Pages) Presentation – Stakeholder Workshop 3/26/15 – (4 Pages) Minutes – Stakeholder Workshop 3/26/15 – (2 Pages) Stakeholder input and responses received (2 Pages) Page 2 of 2 Report to the Board of Health To Approve For Expedited Process Prepared by the Maricopa County Environmental Services Department Case #/Title: ES-2015-002/Micro Market Fees Meeting Date: April 27, 2015 Supervisor Districts: All Districts Applicant: Maricopa County Environmental Services Department (Department) Request: Approve this Maricopa County Environmental Health Code (MCEHC) proposal for the Enhanced Regulatory Outreach Program (EROP) Expedited Process to develop new fees that are specific to Micro Markets and more accurately reflect service costs. Discussion: On December 10, 2014, the Board of Supervisors (BOS) approved Mircro Market language in Chapter VIII of the MCEHC. Also, on this date the BOS took note of the Automatic Merchandizing Council’s public request to go forward with the fee portion for Micro Markets. Currently applied Department Micro Market fees include the “All Other Food Establishments, Environmental Health Plan Review” fee ($615.00) and the “Retail Food Establishment, Class 2, Food Environmental Health Operating Permits” fee ($235.00). The Department is proposing reductions of current Micro Market Environmental Health fees pursuant to Arizona Revised Statute § 11-251.08 and County Policy that requires 100% cost recovery for provided services. Proposed fees include: Micro Market Operating Permit ($155), Micro Market Reference Plan ($270) and the Micro Market Permit Processing Fee ($20). This proposed regulatory change is following the EROP policy and workflow process and fee changes are requested. In accordance with the Maricopa County Resolution, “Moratorium on Increased Regulatory Burdens,” the County Manager authorized the Department to proceed with this case in July 2014. Support/Opposition: The Department has received one supporting comment and no opposing comments on the proposed changes. One stakeholder attended the March 26, 2015 stakeholder workshop and verbally stated her support and appreciation Page 1 of 3 with the Department for understanding her concerns and working with the industry to develop Micro Market regulations. Department Recommendation: Approve the request to process Case ES-2015-002 through the EROP Expedited Process. Per the EROP Policy, Section IV(E), the Expedited Process may only be used if the following criteria have been met: 1. The proposed amendment has been subject to at least one stakeholder workshop (posted on the County’s website at least two weeks in advance) and one Citizens’ Board or Commission meeting; 2. A draft of the regulatory change was available on the EROP website at least two weeks prior to the Citizens’ Board or Commission meeting and was forwarded to the Board/Commission at least one week in advance of their review meeting; 3. No comments of opposition to the amendment have been received from the public; 4. The Citizens’ Board or Commission reviewing the amendment recommends approval. ES-2015-002/Micro Market Fees has met the criteria for the Expedited Process: 1. One stakeholder workshop on March 26, 2015 was held and an announcement was posted on the County’s website at least two weeks in advance; 2. A draft of the regulatory change was available on the EROP website at least two weeks prior to the Board of Health (BOH) meeting; 3. No comments of opposition to the MCEHC proposal have been received from the public; 4. The Department is requesting the BOH approve the proposal for the EROP Expedited Process. Regulatory Process: In accordance with the Maricopa County Resolution, “Moratorium on Increased Regulatory Burdens,” the County Manager authorized the Department to proceed with this case in January 2015. Also, the County Manager briefed the BOS on the proposed changes in January 2015. If the BOH approves this regulatory change it is anticipated the proposal will be on a BOS public hearing agenda in July 2015. This regulatory change will take immediate effect upon approval by the BOS. Presented by: Steven J. Goode, REHS., Director Page 2 of 3 Attachments: County Manager Case Approval (1 Page) Proposed MCEHC Revision Language (4 Pages) Presentation – Stakeholder Meeting (3/26/15) – (4 Pages) Minutes – Stakeholder Meeting (3/26/15) – (2 Pages) Stakeholder Input and Department Response(s) - (2 Pages) Page 3 of 3 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER I GENERAL PROVISIONS REGULATION 1 to REGULATION 4 No Change REGULATION 5. Fees a. to c. No Change d. Fee Schedule: Fees shall be paid according to the following table: CHAPTER I MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE – FEE SCHEDULE Effective August 1, 2010 ENVIRONMENTAL HEALTH DIVISION Food Environmental Health Operating Permit Subtype 1 Year Fee Permits Adventure Food Service No Change No Change Bakery No Change No Change Bakery (School) No Change No Change Boarding Home No Change No Change Boarding Home No Change No Change Bottled Water and Beverage Plants No Change No Change Damaged Food No Change No Change Daycare Foodservice No Change No Change E&D 0-9 Seating No Change No Change E&D 0-9 Seating No Change No Change E&D 0-9 Seating No Change No Change E&D 0-9 Seating No Change No Change E&D Adult Daycare No Change No Change E&D Assisted Living No Change No Change 1-1 Food Environmental Health Operating Permits Permit Subtype 1 Year Fee E&D Hospital Food Service No Change No Change E&D Jail Food Service No Change No Change E&D Nursing Home No Change No Change E&D School Foodservice No Change No Change E&D School Foodservice No Change No Change E&D School Foodservice No Change No Change E&D Senior Food Service No Change No Change E&D Service Kitchen No Change No Change E&D 10+ Seating No Change No Change E&D 10+ Seating No Change No Change E&D 10+ Seating No Change No Change E&D 10+ Seating No Change No Change Food Bank No Change No Change Food Catering No Change No Change School Food Catering No Change No Change Food Jobber No Change No Change Food Jobber School No Change No Change Food Peddler No Change No Change Food Production No Change No Change Food Production No Change No Change Food Production School No Change No Change Food Production School No Change No Change Ice Manufacturing No Change No Change Itinerant (Temporary) No Change No Change Itinerant (Temporary) Late Fee No Change No Change Application Received <7 Days Prior to Event Meat Market No Change No Change MICRO MARKET CLASS 1 $155.00 1-2 Food Environmental Health Operating Permits Permit Subtype 1 Year Fee Mobile Food Unit No Change No Change Pushcart No Change No Change Refrigerated Warehouse/Locker No Change No Change Retail Food Establishment No Change No Change Retail Food Establishment No Change No Change Seasonal Food Establishment No Change No Change Seasonal Permit Late Fee No Change Application Received <7 Days Prior to Event Vending Machines: 1-29 Units No Change No Change Vending Machines: 30-59 Units No Change No Change Vending Machines: 60-89 Units No Change No Change Vending Machines: 90 Or More Units No Change No Change Commissary No Change No Change Commissary No Change No Change Variance No Change No Change Bare Hand Contact Exemption No Change No Change Variance No Change Inspection upon Request No Change No Change New Permit Application Inspection No Change No Change HACCP Plans No Change Non-Food Environmental Health Operating No Change No Change Permits Food Service Licensing No Change Environmental Health Plan Review Subtype Fee Expedited Plan Review Fee (Requires prior administration approval) Two Times the fee for that Category Eating and Drinking Establishments No Change No Change All Other Food Establishments No Change MICRO MARKET REFERENCE PLAN $270.00 1-4 Mobile Food Establishments No Change Mobile Pet Groomer/Shop No Change Environmental Health Plan Review Subtype Fee Pet Shops No Change Public Accommodations No Change Pushcart Plan Review No Change School Facilities Food Service No Change School Facilities Non-Food No Change Other Minor Review No Change MICRO MARKET PERMIT PROCESSING FEE $20.00 WATER & WASTE MANAGEMENT DIVISION No Change REGULATION 6. to REGULATION 14. No Change 1-5 03/27/2015 Maricopa County Environmental Services Department Initial Stakeholder Meeting Working with our community to ensure a safe and healthy environment Proposed Revisions VISION STATEMENT: Maricopa County Environmental Health Code As the recognized regional environmental leader, we will develop and foster innovative environmental health protection programs for the safety of our residents and their environment. CASE # ES-2015-002 MISSION STATEMENT: Micro Market Fees The mission of the Environmental Services Department is to provide safe food, water, waste disposal and vector borne disease reduction controls to the people of Maricopa County so that they may enjoy living in a healthy and safe community. Maricopa County Environmental Services Department March 26, 2015 EROP: What is it? EROP • Adopted by BOS in January 2013 • County Policy: Outreach # A1518 What is it? • Comprehensive process allows SH input Where do I find it? – Adoption & amendment of all regulatory requirements How does it impact me? • Applicable to 6 Departments: ESD, AQ, P&D, Flood, Transportation, Procurement • 2014 NACo Achievement Award EROP: Where do I find it? • Accessible from the county main page http://www.maricopa.gov/ • Accessible from Department websites • Look for 1 03/27/2015 http://www.maricopa.gov/regulations/es/process.aspx EROP Notifications Include: • Follow the Regulatory Process • Regulatory Meetings • Current Regulatory Index • Substantive Policy Statements http://www.maricopa.gov/regulations/Notifications.aspx How does EROP benefit me? • Information You know current cases and status You can assist your SH with questions Did you know? http://www.maricopa.gov/regulations/comments.aspx 2 03/27/2015 Micro Market Fees Background Overview: "Micro Market" means an unattended retail food The proposed changes will add three fees specific establishment where commercially prepackaged, to Micro Markets: time/temperature control for safety foods or ready‐to‐eat fruits and vegetables are offered for 1. Micro Market Operating Permit ($155) sale. 2. Micro Market Reference Plan ($270) 3. Micro Market Permit Processing Fee ($20) Photo courtesy of Avanti Markets Background Background Regulations specific to Micro Markets went into effect on December 10, 2014. Current fees applied to Micro Markets: 1. Annual permit is required for each location. • $235 for Retail Food Est. class 2 permit 2. Plan review and construction inspection is conducted for each location. • $615 for All Other Food Ests. Plan Review Total initial cost per location = $850 Background Proposed fees Micro Market Permit and Fee: Environmental Services Department fees are set pursuant to Arizona Revised Statute § 11‐251.08 • 1 year permit and County Policy that requires 100% cost • Class 1 permit; 1 routine inspection per year recovery for provided services. • Permit is required for each Micro Market location • Cost is $155 3 03/27/2015 Proposed fees Proposed fees Micro Market Reference Plan: Micro Market Permit Processing Fee: • Reference plan may apply to multiple locations • This fee is assessed when applying for a new without further plan review approval. permit under an approved Micro Market • Deviation from the reference plan would Reference Plan. require the owner apply and receive approval • Cost is $20 for the new plan. • Total cost for initial permitting under an • Cost is $270 approved Micro Market Reference Plan is $175 ($155 permit fee + $20 processing fee) Thank you for your participation! We welcome your questions and comments. http://www.maricopa.gov/regulations/ Ken Conklin, R.S., MPA, CPM Andrew Linton, R.S., CPM Maricopa County Environmental Services Department 1001 N. Central Ave. Phoenix, AZ 85004 4 Environmental Services Department Stakeholder Workshop ES-2015-002 Micro Market Fees Date: Thursday March 26, 2015 Stakeholder Present: Elaine Arena - Arizona Automatic Merchandising Council. Staff Present: Andy Linton - Division Manager, David Morales - QA Supervisor, Joan Minichiello - Management Analyst, Bryan Hare - Environmental Services Managing Supervisor, Vas Hofer - Environmental Services Managing Supervisor and Vonda Canaan - Enforcement Supervisor. Presenters: Ken Conklin and Andy Linton. Minutes*: Ken Conklin covered the Enhanced Regulatory Outreach Program (EROP) process and how stakeholders can stay informed on this and other upcoming cases. Also, Ken Conklin mentioned ES-2015-002 Micro Market Fees will be electronically posted for 60 days from the setting of the hearing to the hearing date and if it continues on the EROP expedited track (without opposition) this case should be on the July 22, 2015 Board of Supervisors agenda for public hearing and possible approval. Andy Linton explained differences between the three Micro Market fees: Micro Market Operating Permit ($155), Micro Market Reference Plan ($270) and the Micro Market Permit Processing Fee ($20). He also stated what is meant by Micro Market and that Micro Markets will be inspected once a year as a class 1 permit. Micro Market regulations became effective on December 10, 2014. A Micro Market is an unattended retail food establishment where commercially prepackaged, time/temperature control for safety foods or ready-to-eat fruits and vegetables are offered for sale. Under the current fee structure, the total startup cost for a Micro Market is $850.00 per location. This includes a cost of $235 for a Retail Food Establishment Class 2 permit and $615 for plan review. The vending industry requested new fees be developed that are specific to Micro Markets and more accurately reflect service costs. Andy explained that Department services are provided at 100% cost recovery; meaning the Department must recover the cost for services provided. The Department looked at risks associated with Micro Markets and determined a once a year inspection as class 1 permit is appropriate due to the use of packaged foods and specific controls. To determine the annual Micro Market fee benchmarking cost comparisons with other jurisdictions and an historical analysis of Department inspection time was utilized. The annual Micro Market Operating Permit ($155) fee would be required for each Micro Market location. Also, a Reference Plan Review ($270) is required. When approved, the owner can use the same Reference Plan for multiple locations provided the same type of set-up and equipment is used. The Department also determined when one applies for a Micro Market Permit using an approved Working with our community to ensure a safe and healthy environment Page 1 of 2 Reference Plan; a Micro Market Permit Processing Fee ($20) would be applied to cover the application review and data input. Elaine Arena stated her appreciation with the Department for understanding her concerns and for working to develop Micro Market regulations. Meeting adjourned. *In order for the minutes to be relevant; only those questions and comments that were applicable to the topic presented were recorded. All other questions and comments not relevant to the topic were addressed either at the time of the meeting or shortly thereafter. Working with our community to ensure a safe and healthy environment Page 2 of 2 From: Lene Pope - ENVX on behalf of EROP Stakeholders To: eharena51@gmail.com Subject: Response/case ES-2015-002 - Revisions to Maricopa County Environmental Health Code - Chapter I, Micro Market Fees Date: Wednesday, March 25, 2015 8:52:29 AM Attachments: image001.png Dear Elaine Arena: Thank you for registering your support regarding Maricopa County Enhanced Regulatory Outreach Program (EROP) case ES-2015-002 – Micro Market Fees via the EROP website. We appreciate your participation in the Maricopa County Environmental Services Department’s efforts to develop regulations that serve our community and ensure a safe and healthy environment. Environmental Health Division Maricopa County Environmental Services Department 1001 N. Central Avenue, Phoenix, AZ 85004 esd.maricopa.gov | maricopa.gov/regulations/es ------------------------------------------- From: ehrena51@gmail.com[SMTP:EHRENA51@GMAIL.COM] Sent: Tuesday, March 24, 2015 4:14:41 PM To: Regulatory Subject: Regulatory Outreach Auto forwarded by a Rule Citizen Comments Issue: ES-2015-002 – Micro Market Fees Citizen's Name: Elaine Arena Organization: Arizona Automatic Merchandising Council City: Scottsdale Zip: 85260 Phone Number: 602 228 2980 Phone Type: mobile Email: ehrena51@gmail.com Does citizen want to be contacted: Comment is regarding: express support Comments: March 24, 2015 The Arizona Automatic Merchandising Council (AAMC) thanks the Board of Supervisors and staff for moving forward to implement the fee schedule for the new Micro Market classification. We appreciate the staff’s work to develop recommended fees for a Micro Market reference plan in the amount of $270, and an annual operating permit of $150. The AAMC believes the fees as proposed in the attachment to the Notice of Stakeholder Workshop are reasonable. We will have a representative at the Stakeholder meeting on March 26th and the Board of Health meeting on April 27th. Respectfully submitted, Elaine Arena on behalf of the Arizona Automatic Merchandising Council Time of Request: 3/24/2015 4:14:41 PM