Tustin Municipal Code Part 4 Air Quality Improvement Trust Fund

This part is intended to support the South Coast Air Quality Management District's imposition of the vehicle registration fee and to bring the City of Tustin 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. No. 1073, Sec. 2, 6-17-91)

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

(a) "City" shall mean the City of Tustin.

(b) "Mobile source air pollution reduction programs" shall mean 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 Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3 of the California Health and Safety Code.

(c) "Fee administrator" shall mean the Finance Direction of the City or his or her designee. (Ord. No. 1073, Sec. 2, 6-17-91)

a Receipt of Fee

Vehicle registration fees due pursuant to this article disbursed by the South Coast Air Quality Management District 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 reduction programs.

d Audits

The City consents to audits, at least once every two (2) years, of all programs and projects funded by vehicle registration fee revenues provided under Section 44223 of the Health and Safety Code. The audit shall be conducted by an independent auditor selected by the South Coast Air Quality Management District in conformance with the provisions of the Single Audit Act of 1984 and the U.S. Office of Management and Budget Circular A-128, Audits of State and Local Governments. The said district may be paid for any audit costs incurred by it from the funds within the air quality improvement trust fund.

e Use of Funds

Funds within the air quality improvement trust fund shall be used solely to reduce pollution from motor vehicles and for related planning, monitoring, enforcement and technical studies necessary for the implementation of the California Clean Air Act of 1988 within the City of Tustin. (Ord. No. 1073, Sec. 2, 6-17-91)