Chapter 3.26
MOBILE SERVICE AIR POLLUTION CONTROL PROGRAM

Sections:

3.26.010    Intent.

3.26.020    Definitions.

3.26.030    Administration of vehicle registration fee.

3.26.040    Legal construction.

3.26.050    Severability.

3.26.010 Intent.

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 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. 596 § 2, 1991).

3.26.020 Definitions.

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

A. “City” shall mean the city of Bell Gardens.

B. “Fee administrator” shall mean the finance director of the city or his designee.

C. “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 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. (Ord. 596 § 2, 1991).

3.26.030 Administration of vehicle registration fee.

A. Receipt of Fee. The additional vehicle registration fees disbursed by the SCAQMD and remitted to the city, pursuant to this chapter, shall be accepted by the fee administrator.

B. Establishment of Air Quality Improvement Fund. The fee administrator shall establish a separate fund.

C. Transfer of Funds. Upon receipt of vehicle registration fees, the fee administrator shall deposit such funds into the separate fund established pursuant to subsection (B) of this section. All interest earned by the fund shall be credited only to that fund.

D. Expenditure of Air Quality Trust Fund Revenues. All revenues received from the SCAQMD and deposited in the fund shall be exclusively expended on mobile source emission reduction programs as defined in BGMC 3.26.020(C). Such revenues and any interest earned on the revenues shall be expended within one year of the completion of the programs.

E. Audits. The city consents to an audit of all programs and projects funded by vehicle registration fee revenues from the SCAQMD pursuant to Section 44223 of the Health and Safety Code. The audit shall be conducted by an independent auditor selected by the SCAQMD as provided in Sections 44244 and 44244.1(a) of the Health and Safety Code. (Ord. 596 § 2, 1991).

3.26.040 Legal construction.

The provisions of this chapter shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience. (Ord. 596 § 2, 1991).

3.26.050 Severability.

Should any sentence, section, clause, part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the chapter as a whole, or any part thereof, other than the part declared to be invalid. (Ord. 596 § 2, 1991).