Riverside County Municipal Code Ch. 8.104 Mobile Source Air Pollution Reduction Program

This chapter is promulgated to promote implementation of the California Clean Air Act as follows.

(Ord. 706.2 § 1, 1996)

The county finds and declares that:

A. The county is committed to protecting the public health and safety, 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 state 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. To the extent that such programs place demands upon the county'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 to finance the implementation of transportation measures embodied in the AQMP and provisions of the California Clean Air Act.

G. Forty cents ($0.40) of every dollar collected under Section 44223 of the Health and Safety Code shall be distributed to cities and counties located in the South Coast Air Quality Management District 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 county is located within the South Coast Air Quality Management District and is eligible to receive a portion of revenues from the motor vehicle registration fees upon adoption of this chapter.

I. The county, after careful consideration, finds and declares that the imposition of the motor vehicle registration fee by the SCAQMD to finance mobile source air pollution reduction programs, is in the best interests of the general welfare of the county and its residents. Therefore, the county deems it advisable to adopt the ordinance as set forth in this chapter.

(Ord. 706.2 § 2(A), 1996)

This chapter is intended to support the SCAQMD's imposition of the vehicle registration fee and to bring the county 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. 706.2 § 2(B), 1996)

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

"County" means the county of Riverside.

"Fee administrator" means the county executive officer or his or her designee.

"Mobile source air pollution reduction programs" means any program or project implemented by the county to reduce air pollution from motor vehicles pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3 of the California Health and Safety Code.

(Ord. 706.2 § 2(C), 1996)

A. Receipt of Fee. Vehicle registration fees due pursuant to this chapter disbursed by the SCAQMD and remitted to the county shall be accepted by the fee administrator.

B. Transfer of Funds. Upon receipt of vehicle registration fees, the fee administrator shall be responsible for placement of such funds into a separate account as hereinafter specified.

C. Establishment of Air Quality Improvement Trust Fund. The fee administrator shall establish a separate interest-bearing trust fund account with the county treasurer or in a financial institution authorized to receive deposits of county funds. Interest earned by the account shall be credited to that account and shall be used to finance mobile source air pollution reduction programs.

D. Audits. The county consents to audits, at least once every two years, of all programs and projects funded by vehicle registration fee revenues. The audit shall be conducted by, an independent auditor approved by the SCAQMD.

(Ord. 706.2 § 2(D), 1996)

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

(Ord. 706.2 § 3, 1996)