Banning Municipal Code Ch. 8.40 Mobile Source Air Pollution Reduction

As applied in this chapter, the following words and terms shall be defined as follows:

"City" shall mean the City of Banning, California.

"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.

"Fee administrator" shall mean the finance director of the city or his designee.

(Code 1965, § 13A-1.)

A. 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.

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 of this section. 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 8.40.010. 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 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.

(Code 1965, § 13A-2.)