Section 44223, added to the Health and Safety Code by action
of the California Legislature on September 30, 1990 (Chapter 90-1705),
authorizes the South Coast Air Quality Management District (hereinafter
SCAQMD) to impose an additional motor vehicle registration fee of
two dollars commending on April 1, 1991, to finance the implementation
of transportation-related measures embodied in the Air Quality Master
Plan (hereinafter AQMP), as adopted by the SCAQMD, and provisions
of the California Clean Air Act, as amended from time to time. Under
the terms of Section 44223 of the Health and Safety Code, forty cents
of every dollar collected shall be distributed to the cities and counties
located in the SCAQMD that comply with the requirements of Section
44223; the apportionment to the cities and counties shall be based
on the prorated share of the cities' and counties' populations, as
finally determined by the State Department of Finance.
(Ord. 494 § 1, 1991)
The intent and purpose of this chapter is to: protect the public
safety, health and welfare, including the air quality of the city
by expressing support for the adoption of motor vehicle registration
fees to be used to reduce air pollution from motor vehicles; provide
for the public safety, health and welfare by undertaking or otherwise
implementing or causing to be undertaken and implemented programs
or projects that address mobile sources as a major contributor to
air pollution; achieve goals for air quality as established by the
state of California and the SCAQMP, including the reduction of emissions
of pollutants from mobile sources pursuant to the requirements of
the California Clean Air Act of 1988, as may be amended from time
to time; fund such programs or projects from revenue generated by
fees collected from the owners and/or users of mobile sources of air
pollution, to the greatest possible extent; comply with the requirements
of Section 44243 of the Health and Safety Code in order to collect
from SCAQMD the pro rata share due and owing to the city, by affirming
the location of the city within the SCAQMD and, through the adoption
of this chapter, establishing the eligibility of the city to collect
allocations disbursed by the SCAQMD.
(Ord. 494 § 2, 1991)
The provisions of this chapter shall be construed as necessary
to effectively carry out its intent and purpose, which is found and
declared to be in furtherance of the public health, safety and general
welfare.
(Ord. 494 § 3, 1991)
means the city of Rancho Mirage.
means any program or project undertaken or implemented by
the city or its duly authorized agent, which program or project is
determined by the city to be consistent with the California Clean
Air Act of 1988, or as amended, or the plan proposed, or adopted and
amended from time to time by the SCAQMD pursuant to Article 5 (commencing
with Section 40460) of Chapter 5.5 of Part 3 of the California Health
and Safety Code.
means the finance director, or his/her designee, of the city
of Rancho Mirage.
(Ord. 494 § 4, 1991)
A.
The
SCAQMD shall be responsible for providing for the collection of fees,
the determination of the amount due and owing to the city and the
timely disbursement thereof.
B.
The
fee administrator shall:
1.
Establish
a separate interest-bearing trust fund account with a financial institution
that is authorized to accept deposits of city funds.
2.
Upon
receipt of the city's share of the vehicle registration fees disbursed
by the SCAQMD, deposit such funds into the separate interest-bearing
trust fund account established pursuant to subdivision 1 of this subsection.
3.
Ensure
that any and all interest earned by the separate trust fund account
shall be credited only to that account.
C.
The
city:
1.
Shall
ensure that all funds received from the SCAQMD and deposited into
a separate interest-bearing trust fund account shall be exclusively
expended on mobile source air pollution reduction programs or projects
as defined in Section 8.40.040(B).
2.
Consents
to an audit of any and all programs or projects funded by the city's
share of vehicle registration fees collected and disbursed by the
SCAQMD pursuant to Section 44243 of the Health and Safety Code. Such
an audit shall be conducted by an independent auditor selected by
the SCAQMD as provided in Section 44244.1 of the Health and Safety
Code. The city may audit through the public hearing process established
by Section 44244.1(c) of the Health and Safety Code.
(Ord. 494 § 5, 1991)
