Laguna Woods Municipal Code Ch. 3.16 Mobile Vehicle Subvention Program

The City Council of the City of Laguna Woods hereby finds and declares that:

(1) The City is committed to improving 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) The State of California's air quality goals for the South Coast Air Basin cannot be met without reducing air pollution from mobile sources.

(4) The South Coast Air Quality Management Plan calls upon cities and counties to reduce emissions from motor vehicles consistent with the requirements of the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988) by developing and implementing mobile source air pollution reduction programs.

(5) Mobile source air pollution reduction programs place demands upon the City's funds; those programs should be financed by shifting financial responsibilities from the General Fund to the motor vehicles creating the demand, to the greatest extent feasible.

(6) The City supports the adoption of motor vehicle registration fees to be used to reduce air pollution from motor vehicles pursuant to the Clean Air Act Amendments of 1990, the California Clean Air Act of 1988, or the plan prepared pursuant to the California Health and Safety Code, Article 5 (commencing with § 40460) of Chapter 5.5 of Part 3 of Division 26.

(7) California Health and Safety Code, § 44223 (California Assembly Bill 2766, 1990) has authorized the South Coast Air Quality Management District to impose an additional motor vehicle registration fee commencing April 1, 1991, and continuing to the present, to finance the reduction of air pollution from motor vehicles pursuant to, and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of, the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988), or for the attainment or maintenance of state or federal ambient air quality standards or the reduction of toxic air contaminant emissions from motor vehicles.

(8) Forty cents ($0.40) of every dollar collected under California Health and Safety Code, § 44223 is available for distribution to cities and counties located in the South Coast Air Quality Management District, based upon their prorated share of population, to be used to implement programs to reduce air pollution from motor vehicles which are authorized by, or necessary to implement, the Clean Air Act Amendments of 1990, the California Clean Air Act of 1988, or the plan prepared pursuant to the California Health and Safety Code, Article 5 (commencing with § 40460) of Chapter 5.5 of Part 3 of Division 26.

(9) 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 fee.

(10) The imposition of the additional motor vehicle registration fee by the South Coast Air Quality Management District is in the best interest of the City and promotes public health, safety and welfare.

(Ord. No. 19-06, § 3, 9-18-2019)

The purpose and intent of this chapter is to support the South Coast Air Quality Management District's imposition of its vehicle registration fee and to support the City's compliance with the requirements set forth in California Health and Safety Code, § 44243 to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles.

(Ord. No. 19-06, § 3, 9-18-2019)

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

(05) Fee administrator shall mean the City Treasurer.

(10) 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 Clean Air Act Amendments of 1990, the California Clean Air Act of 1988, or the plan prepared pursuant to the California Health and Safety Code, Article 5 (commencing with § 40460) of Chapter 5.5 of Part 3 of Division 26.

(15) Mobile vehicle subvention program revenue shall mean the revenue that is distributed to the City as a result of the additional motor vehicle registration fee imposed by the South Coast Air Quality Management District pursuant to California Health and Safety Code, § 44223.

(Ord. No. 19-06, § 3, 9-18-2019)

(a) Receipt of fee. Mobile vehicle subvention program revenue shall be accepted by the fee administrator.

(b) Establishment of air quality improvement trust fund. The fee administrator shall establish a separate interest-bearing fund account into which all mobile vehicle subvention program revenue shall be deposited, and out of which expenditures shall be made for mobile source air pollution reduction programs.

(c) Transfer of funds and interest. Upon receipt of mobile vehicle subvention program revenue, the fee administrator shall deposit such revenue into the separate fund account established pursuant to subsection (b) of this section. All interest earned by the separate fund account shall be credited only to that fund account.

(d) Expenditure of revenues. All mobile vehicle subvention program revenue shall be exclusively expended by the City on mobile source air pollution reduction programs. Such revenue and any interest earned by the separate fund account shall be expended within one year of the completion of the mobile source air pollution reduction programs.

(e) Audits. The City consents to audits of all programs and projects funded by mobile vehicle subvention program revenue, in accordance with California Health and Safety Code, §§ 44223, 44244, and 44244.1(a).

(Ord. No. 19-06, § 3, 9-18-2019)