Azusa Municipal Code Art. III Mobile Source Air Pollution Reduction

The city finds and declares that the imposition of the additional motor vehicle registration fee by the South Coast Air Quality Management District (SCAQMD) to finance mobile source air pollution reduction programs is in the best interest of the city and promotes the general welfare of its residents, due to the following:

(1) The city is committed to improving the public health, safety and welfare, including air quality.

(2) Mobile sources are a major contributor to air pollution in the south coast air basin.

(3) Air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources.

(4) The South Coast Air Quality Management Plan (AQMP) has called upon cities and counties to reduce emissions from motor vehicles consistent with the requirements of the state Clean Air Act of 1988 by developing and implementing mobile source air pollution reduction programs.

(5) Such programs place demands upon the city's funds and 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.

(6) Health and Safety Code § 44223 authorizes the South Coast Air Quality Management District (SCAQMD) to impose an additional motor vehicle registration fee of $4.00 to finance the implementation of transportation measures embodied in the AQMP and provisions of the state Clean Air Act.

(7) Forty cents of every dollar collected under Health and Safety Code § 44223 shall be distributed to cities and counties located in the South Coast Air Quality Management District that comply with Health and Safety Code § 44243, based on the jurisdictions' prorated share of population as defined by the state department of finance.

(8) 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 from which this article is derived.

(Code 1971, § 11.75.010)

This article is intended to support the imposition of the vehicle registration fee by the South Coast Air Quality Management District to bring the city into compliance with Health and Safety Code § 44243 in order to receive the fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles.

(Code 1971, § 11.75.020)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fee administrator means the finance director of the city.

Mobile source air pollution reduction program means any program or project implemented by the city to reduce air pollution from motor vehicles which it determines will be consistent with the state Clean Air Act of 1988 or the plan proposed pursuant to Health and Safety Code § 40460 et seq.

(Code 1971, § 11.75.030)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) Generally. The administration of vehicle registration fees under this article shall be in accordance with this section.

(b) Receipt of fee. The additional vehicle registration fees disbursed by the South Coast Air Quality Management District (SCAQMD) and remitted to the city pursuant to this article shall be accepted by the fee administrator.

(c) Establishment of air quality improvement trust fund. The fee administrator shall establish a separate air quality improvement trust fund.

(d) Transfer of funds. Upon receipt of vehicle registration fees, the fee administrator shall deposit such funds into the air quality improvement trust fund established pursuant to subsection (c) of this section. All interest earned by the trust fund shall be credited to that fund.

(e) Expenditure of fund revenues. All revenues received from the SCAQMD and deposited in the trust fund shall be exclusively expended on mobile source emission reduction programs. Such revenues and any interest earned on the revenues shall be expended within one year of the completion of the programs.

(f) Audits. The city consents to any audit of all programs and projects funded by vehicle registration fee revenues received from the SCAQMD pursuant to Health and Safety Code § 44223. The audit shall be conducted by an independent auditor selected by the SCAQMD as provided in Health and Safety Code §§ 44244 and 44244.1(a).

(Code 1971, § 11.75.040)