The
South Coast Air Quality Management Plan (AQMP) calls upon cities and
counties to reduce emissions from motor vehicles consistent with the
requirements of the California Clean Air Act of 1988 by developing
and implementing mobile source air pollution reduction programs.
Such
programs place demands upon the city's funds and, therefore, those
programs should be financed by shifting the responsibility for financing
from the general fund to the motor vehicles creating the demand, to
the greatest extent possible.
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 (SCAQMD) to impose an
additional motor vehicle registration fee of two dollars commencing
on April 1, 1991, increasing to four dollars commencing on April 1,
1992, to finance the implementation of transportation measures embodied
in the AQMP and provisions of the California Clean Air Act.
Forty
cents of every dollar collected under Section 44223 of the Health
and Safety Code is to be distributed to cities and counties located
in the South Coast Air Quality Management District that comply with
Section 44243 of the Code, based on the jurisdiction's prorated share
of population as defined by the State Department of Finance.
The
city is located within the South Coast Air Quality Management District
and is eligible to receive a portion of the revenues from the additional
motor vehicle registration fees contingent upon adoption of the ordinance
codified in this chapter.
The
prorated share of the fee revenues for cities that fail to adopt an
ordinance pursuant to Section 44243(b)(3) of the Health and Safety
Code are to be distributed instead to the jurisdictions within the
District that have adopted an ordinance.
The city council hereby finds and declares that the imposition of
the additional motor vehicle registration fee by the SCAQMD to finance
mobile source air pollution reduction programs is in the best interest
of the city and promotes the general welfare of residents of the city.
Intent.
This chapter is intended to support the SCAQMD's imposition of the
vehicle registration fee and to bring the city into compliance with
the requirements set forth in Section 44243 of the Health and Safety
Code in order to receive fee revenues for the purpose of implementing
programs to reduce air pollution from motor vehicles.
means any program or project implemented by the city to reduce
air pollution from motor vehicles which it determines will be consistent
with the California Clean Air Act of 1988 or the plan proposed pursuant
to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part
3 of the California Health and Safety Code.
Receipt
of Fee. The additional vehicle registration fees disbursed by the
SCAQMD and remitted to the city, pursuant to this chapter, shall be
accepted by the fee administrator.
Establishment
of Air Quality Improvement Trust Fund. The Fee Administrator shall
establish a separate interest-bearing trust fund account in a financial
institution authorized to receive deposits of city funds.
Transfer of Funds. Upon receipt of vehicle registration fees, the Fee Administrator shall deposit such funds into the separate account established pursuant to Subsection 2 above. All interest earned by the Trust Fund Account shall be credited only to that account.
Expenditure
of Air Quality Trust Fund Revenues. All revenues received from the
SCAQMD and deposited in the Trust Fund Account shall be exclusively
expended on mobile source emission reduction programs as defined in
subsection (C)(2) of this section. Such revenues and any interest
earned on the revenues shall be expended within one year of the completion
of the programs.
Audits.
The city consents to an audit of all programs and projects funded
by vehicle registration fee revenues received from the SCAQMD pursuant
to Section 44223 of the Health and Safety Code. The audit shall be
conducted by an independent auditor selected by the SCAQMD as provided
in Sections 44244 and 44244.1(a) of the Health and Safety Code.