This chapter shall be known as the "Mobile Source Air Pollution Reduction Fee Ordinance."
(Added by Ord. 928, adopted 6-11-91)
This chapter is intended to support the South Coast Air Quality Management District's imposition and distribution of a vehicle registration fee as authorized by Sections 44220 through 44247 of the Health and Safety Code. It is further intended to bring the City into compliance with requirements set forth in said sections in order to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles.
(Added by Ord. 928, adopted 6-11-91)
For the purposes of this chapter, the following words and phrases shall be defined as hereinafter set forth.
(a)
Mobile Source Air Pollution Reduction Programs. "Mobile source air pollution reduction programs" shall mean 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.
(b)
Fee Administrator. "Fee Administrator" shall mean the Director of Finance of the City or his or her designee.
(Added by Ord. 928, adopted 6-11-91)
Fees received pursuant to this chapter shall be administered as follows:
(a)
Receipt of Fee. The additional vehicle registration fees disbursed by the SCAQMD and remitted to the City of Downey, pursuant to this ordinance, shall be accepted by the Fee Administrator.
(b)
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.
(c)
Transfer of Funds. Upon receipt of vehicle registration fees, the Fee Administrator shall deposit such funds into the separate account established pursuant to subsection (b) above. All interest earned by the Trust Fund Account shall be credited only to that account.
(d)
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 Section 6902 (a). Such revenues and any interest earned on the revenues shall be expended within one year of the completion of the programs.
(e)
Audits. The City of Downey 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.
(Added by Ord. 928, adopted 6-11-91)