Cudahy Municipal Code Ch. 3.08 Air Quality Improvement Trust Fund

In accordance with California Health and Safety Code Section 44243(b)(1), the city of Cudahy does hereby express its support for the imposition by the South Coast Air Quality Management District of a motor vehicle registration fee increase as authorized by Health and Safety Code Sections 44223 and 44225, for the purpose of using the fees so generated to reduce air pollution from motor vehicles pursuant to the requirements of the California Clean Air Act of 1988 or the Air Quality Management Plan for the South Coast Air Quality Management District, prepared and adopted pursuant to Health and Safety Code Sections 40460 through 40470. (Ord. 440 § 1. 2002 Code § 7-6.1).

For the purposes of this chapter, the following definitions shall apply:

(1) “Mobile source air pollution reduction program” shall mean any program or project implemented by the city to reduce air pollution emitted from motor vehicles pursuant to the California Clean Air Act of 1988 or the Air Quality Management Plan for the South Coast Air Quality Management District prepared and adopted in accordance with the provisions of Health and Safety Code Sections 40460 through 40470.

(2) “Fee administrator” shall mean the city manager or his or her designee. (Ord. 440 § 2. 2002 Code § 7-6.2).

The fee administrator shall establish a separate interest-bearing trust fund account with a financial institution authorized to accept deposits of city funds. This account shall be known as the air quality improvement trust fund. All interest earned by the account shall be credited to this account. All funds received by the city pursuant to Health and Safety Code Sections 44243 and 44244, along with any other funds designated by the city council, shall be deposited in this account and shall be used for the sole purpose of financing mobile source air pollution reduction programs. The fee administrator shall be responsible for depositing funds in the air quality improvement trust fund. (Ord. 440 § 3. 2002 Code § 7-6.3).

The city hereby consents to audits, at least once every two years, of all programs and projects funded by vehicle registration fees provided by Health and Safety Code Section 44243; provided, that such audit shall be conducted by an independent auditor selected by the South Coast Air Quality Management District. Audit costs shall be funded as provided in Health and Safety Code Section 44244.1. (Ord. 440 § 4. 2002 Code § 7-6.4).

It is the intent of the city council that the provisions of this chapter and the interpretation of the term “mobile source air pollution reduction programs” shall be liberally construed to effectively carry out the purposes of this chapter, which are hereby found and declared to be the furtherance of the public health, safety, welfare and convenience, in accordance with the requirements and limitations of Health and Safety Code Sections 44243 and 44244. (Ord. 440 § 5. 2002 Code § 7-6.5).