Chino Hills Municipal Code Ch. 3.52 Mobile Source Air Pollution Reduction Trust Fund

The City Council of the city finds and declares that:

A. The city is committed to improving the public health, safety and welfare, including air quality;

B. Mobile sources are a major contributor to air pollution in the South Coast Air Basin;

C. Air quality goals for the region established by federal, state, and local law cannot be met without reducing air pollution from mobile sources;

D. 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;

E. Such programs place demands upon the city's funds, 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;

F. 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 ($2.00), commencing on April 1, 1991, increasing to four dollars ($4.00), commencing on April 1, 1992, to finance the implementation of transportation measures embodied in the AQMP and provisions of the California Clean Air Act;

G. Forty cents of every dollar collected under Section 4223 of the Health and Safety Code shall be distributed to cities and counties located in the SCAQMD that comply with Section 44243 of the code, based on the jurisdictions' prorated share of population as defined by the State Department of Finance;

H. The city is located within the SCAQMD 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;

I. 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 shall be distributed instead to the jurisdictions within the district that have adopted an ordinance;

J. The city, after careful consideration, 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 its residents; and

K. The City Manager is directed to ensure that the city's General Plan, when adopted, includes provisions and measures to implement this chapter and that the provisions and measures are consistent with the General Plan.

(Ord. 92-01 § 1)

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.

(Ord. 92-01 § 2)

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

"City" means the city of Chino Hills.

"Fee Administrator" means the Finance Director of the city or his or her designee.

"Mobile source air pollution reduction programs" 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 55 of Part 3 of the California Health and Safety Code.

(Ord. 92-01 § 3)

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 3.52.030 of this chapter. 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.

(Ord. 92-01 § 4)

The provisions of this chapter shall be construed as necessary to effectively carry out its purposes, which are found and declared to be in furtherance of the public health, safety, welfare, and convenience.

(Ord. 92-01 § 5)