San Bernardino Municipal Code Ch. 17.08 Mobile Source Air Pollution Ordinance

This chapter may be referred to as the “Mobile Source Air Pollution Ordinance.”

(Ord. MC-784, passed 5-7-1991)

(A) The city finds and declares that the following apply.

(1) The city is committed to improving the 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) Air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources.

(4) 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.

(5) To the extent that 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.

(6) Cal. Health and Safety Code, § 44223, added by action of the California Legislature on September 30, 1990, (Stats. 1990, Ch. 1705), authorizes the South Coast Air Quality Management District (“SCAQMD”) to impose an additional motor vehicle registration fee of $2, commencing on April 1, 1991, increasing to $4, commencing on April 1, 1992, to finance the implementation of transportation measures embodied in the AQMP and provisions of the California Clean Air Act.

(7) Forty cents of every dollar collected under the Cal. Health and Safety Code, § 44223 shall be distributed to cities and counties located in the South Coast Air Quality Management District that comply with the Cal. Health and Safety Code, § 44243, based on the jurisdiction’s prorated share of population as defined by the State Department of Finance.

(8) The city 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.

(9) The city, 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 interest of the general welfare of the city and its residents.

(B) Therefore, the city deems it advisable to adopt this chapter.

(Ord. MC-784, passed 5-7-1991)

Statutory reference:

California Clean Air Act of 1988, see Cal. Stats. of 1988, AB 2595

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 the Cal. Health and Safety Code, § 44243 in order to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles.

(Ord. MC-784, passed 5-7-1991)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of San Bernardino.

FEE ADMINISTRATOR. The City Director of Finance and Management Services.

MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAMS. Any program or project implemented by the city to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the plan proposed pursuant to Cal. Health and Safety Code, Division 26, Part 3, Chapter 5.5, Article 5 (commencing with § 40460).

(Ord. MC-784, passed 5-7-1991; Ord. MC-1625, passed 2-21-2024)

Statutory reference:

California Clean Air Act of 1988, see Cal. Stats. of 1988, AB 2595

(A) Receipt of fee. Vehicle registration fees due, pursuant to this chapter, disbursed by the SCAQMD and remitted to the city 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 in a financial institution authorized to receive deposits of city funds. Interest earned by the account shall be credited to that account and shall be used to finance mobile source air pollution programs.

(D) Audits. The city consents to audits, at least once every two years, of all programs and projects funded by vehicle registration fee revenues provided under the Cal. Health and Safety Code, § 44223.

(Ord. MC-784, passed 5-7-1991)

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. MC-784, passed 5-7-1991)