HomeMy WebLinkAbout1996-06-25 - AGENDA REPORTS - STATE LEGISLATION AB 3248 (2)City Manager Approval
Item to be presented by:
Michael P. Murphy
CONSENT CALENDAR
DATE: June 25, 1996
SUBJECT: STATE LEGISLATION: AB 3248
DEPARTMENT: City Manager
The South Coast Air Quality Management District (SCAQMD) has requested that the City
Council review Assembly Bill 3248 (Napolitano) relative to restructuring managerial and
financial operations of SCAQMD. Although SCAQMD has adopted an opposed position to the
bill, the measure is the subject of intense, ongoing negotiations between Assembly Member
Grace Napolitano and SCAQMD in an effort to reach a mutually agreeable compromise.
The bill abolishes the office of Public Advisor and creates the Office of Public Affairs and Local
Government Assistance to be administered by the Deputy Executive Officer of Public Affairs.
The DEO of Public Affairs would be granted substantial authority via the legislation which in
some instances, conflicts with existing SCAQMD Executive Officer authority. There is concern
that this legislative; restructuring will create potential authority and responsibility conflicts
between the DEO of Public Affairs and the SCAQMD Executive Officer.
The bill specifically delineates public affairs responsibilities in an effort to improve
communications with local governments and regulated businesses within the air quality district.
There is a strong emphasis in the proposed structure for small business interaction.
AB 3248 places 100% of the district's share of vehicle registration fees directly under the control
of the new Office of Public Affairs and Local Government Assistance. This represents
approximately $12 million that would be budgeted outside of SCAQMD's traditional budget
adoption program. The bill also transfers 100% of Mobile Source Air Pollution Reduction Review
Committee Funds (MSRC) to implement a statewide auto scrappage program. This loss is
estimated at $12 million. AB 8248 prohibits SCAQMD from establishing any new fee or
increasing any existing fee to off set the financial losses.
Many of the goals of the legislation are laudable in an effort to make SCAQMD more responsive
to local governments and regulated businesses. The City of Santa Clarita has traditionally
enjoyed an excellent working relationship with SCAQMD. However, many businesses in the
WYFfYImPUs�
South Coast Air Basin have been frustrated in their attempts to understand and deal with
SCAQMD. These constituents complaints are the source of Assembly Member Napolitano's AB
3248.
The potential loss of local control is of concern of SCAQMD. This legislation sets out in statute
specific managerial and financial functions exclusive of the 12 member local SCAQMD governing
board. This will likely cause conflicts in the day -to day management of agency responsibilities,
including the ability to be responsive to local governments, such as the City of Santa Clarita.
Oppose AB 3248 unless amended to retain local control of managerial and financial decisions
with the South Coast Air Quality Management District Board of Directors and Executive Officer.
Transmit statements of position to members of Santa Clarita's legislative delegation, Assembly
Member Napolitano, appropriate legislative committees, the League of California Cities,
Contract Cities Association and Independent Cities Association and SCAQMD.
Assembly Bill 3248
MPM.ab3248¢.625
AMENDED IN ASSEMBLY MAY 24, 1996
AMENDED IN ASSEMBLY MAY f6,1996.
AMENDED IN ASSEMBLY APRIL i7,1996
AMENDED IN ASSEMBLY MARCH 27, 1996
CALIFORNIA LEGISLATURE -199596 REGULAR SESSION,
ASSEMBLY BILL No. 3248
Introduced by Assembly Member Napolitano
February 23, 1996
An act to amend Sections 40440, 40448, and 44243 of, and to
add Sections 40458 and 40481.5 to, the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DICEST
AB 3248, as amended, Napolitano_ Air poilution:,south
coast district: public a4vis&F affairs and local government
assistance: appeals board.
(1) Existing law, the Lewis -Presley Air Quality.
Management Act, requires the.. South Coast Air Quality
Management District to maintain an office of public advisor
and'small business assistance, and requires the public advisor
to be appointed by.the executive officer of the south coast
district.
. This bill would instead establish the south coast district
office of public affairs and local government assistance, with
specified powers'and duties. The bill would make related
changes, including provisions- relating- to employment
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AB 3248
1 which there are high-level, localized concentrations of
contracts of the district executive officer and other specified 2 pollutants or with respect to any new source that will
employees,_ and requiring the office to use motor vehicle ( 3 ave a significant ificant effect on a_ir quality in the South Coast m
registration fee revenues subvened to the south coast district 4_ Air Basin n
for specified purposes relatieg to then of me 5- (4) provideelilfor transportation control measures, as p1
souree ercrissien9. 6 listed in the plan. - >" ". m
The bill would prohibit the imposition of any fine or penalty 7 (c) The south coast district board shall adopt rules and
fora first violation of a south coast district rule or regulation 8 regulations that will assure that all its administrative
unless the violation is flagrant and intentional, or causes 9 practices and the carrying out of its programs are efficient 3
significant harm to the pubh'c health or, to the environment, I
as determined by the district hearing board. 1 10 and cost-effective, consistent with the goals of achieving m.
The bill would create a state -mandated local program by 11 and maintaining federal and state ambient air quality n
imposing new duties on the south coast district. 12 • standards and achieving the purposes of this chapter:' �-
13 d The south coast .district board shall determine
(2) The California Constitution requires the state to 14 what is the best available retrofit control technology for H
reimburse local agencies and school districts for certain costs 15 - existing electric ,plants, and shall adopt rules and 0
mandated by the state. Statutory provisions establish 16 regulations requiring the use of the best available retrofit e
procedures for`making that reimbursement. 17 control technology in existing electric plants, if the board
This bill would provide that no reimbursement is required • 18 fords and determines that to do so is necessary to carry out
by this act for a specified reason. 19 the plan.,
Vote: majority. Appropriation: no. Fiscal committee; yes.
20, (e) In adopting any regulation, the south coast district
State -mandated local program: yes. 21 board shall comply with Section 40703.
The people of the State of California do enact as follows 22 (f) The south coast district board shall not adopt any
23 new rule or regulation unless it provides the office, as
1 SECTION 1. Section 40440 of the Health and Safety 24 defined in -paragraph (2)' of subdivision (af' of Section
2 Code is amended to read: 25 40448, with a copy of the proposed rule or regulation at
the holding of any public hearing or
3 40440. (a) The south coast. district board shall adopt 26 least 90 days prior to .
4 rules and regulations that carry -out the plan and are not : 27 .workshop held -pursuant to Section 40440.5, Section
5 in conflict with state law and federal laws and rules and 28 40.440.7, or any other applicable provision of law.
6 regulations. Upon adoption and approval of subsequent 29 SEC. 2. Section 40448 of the Health and Safety Code
7 revisions of the plan30 is amended to read:
, these rules and regulations shall be' . 31 40448. (a). As used in this section, the following terms
8 amended, if necessary, to conform to the plan. 32 shall have the following meaning'.
9 (b) The rules and regulations adopted pursuant to 33'.; (1) "Deputy executive officer of public affairs" means
10 - subdivision (a) shall do -all of.the following: 34 the south coast district deputyexecutive officer of public
11 (1) Require the use of best available control 35 affairs. -_
12 technology for new and modified sources and the use of 36 !.(2) "Office" means the south coast district office of
13 best available retrofit control technology for existing 37 public affairs and local government assistance established
14 sources.38 pursuant to subdivision ,(b).
15 (2) Promote cleaner. burning alternative fuels. 39 (3) "Public" has the same meaning as "person," as
16 (3) Consistent with Section 40414, provide for it 40 defined in Section 39047.
17 source controls in those areas of the south coast district in
AB •3248 ^ 4
1 (4) "proceedings" _ means any hearing, workshop,
2 conference; or meeting that is held or conducted by the.
3 south coast district` board, the hearing board, any
4 committee of either of those boards, or south coast district
5 staff, at which attendance by the public is allowed or
6 required.
7 (5) "General assembly" means the south coast district
8 general assembly established pursuant to subdivision (i).
9 (6) -" Local government and small business
10 participation committee" means the committee
11' established pursuant to subdivision (f).
12 (7) "Contract review committee" means ` the
13 committee established pursuant to subdivision (g).
14 (b) There. is in "the'south coast district the south coast
15. district office of public affairs and local government
16 assistance, which shall be .administered by the deputy
17 executive •officer 'of -public. affairs, who shall report
18 directly to the south coast district board. The south coast
19 district board, in 'consultation with 'the' regulated
20 community, shall develop annual performance standards
21 for the deputy executive officer of public -affairs, for the
22 'purpose of ensuring quantifiable improvements in
23 meeting the needs and advocating' on behalf of the
24 business community." "
25 (c) (1)'.The south' coast -district shall maintain the
26 office to provide financiali. technical, and administrativem
27 `services and` information to local governments, small
28 businesses, and '`the .-public. The office shall be
29; administered by the deputy executive officer of public
30 affairs. All district functions pertaining: to'customer
31- service,' outreach, communications," advocacy; and local
32 government assistance; shall be carried out by the'office:
33 (2) Thesouth coast` district -board shall require the
34 deputy executive -officer of public affairs, and all other
35 staff of the office to -=participate iri annual training
36 programs, to improve, the effectiveness of the south coast:
37 district's outreach and advocacy efforts. 'The:.training
38 programs shall be specified by the local government add
39 small business participation committee.
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1 (3) All office staff shall be appointed by the deputy
`2 executive officer of public affairs. -
3 (d) The office shall do. all of the following:
4 (1) Coordinate the -south -coast district's activities_ to.
.5 retain businesses in the south coast district.
6 (2) Act as....advocate or ombudsman fora local
7 governments, small businesses, and other persons
8 regulated by the south coast district.
9. (3), Periodically, at least on an annual basis; review all
.10 south coast district procedures and programs and: their
11- impacts on local governrn' cnts and small businesses, and
12 report on the office's planned outreach activities.for the
13 _next fiscal year. Copies of the reviews and reports shall be
14 submitted to the south coast district board and be made
15 -available to the public. ;. :. _ _.. _.
16 (4) (A) Facilitate and encourage compliance by local
17', "governments. and small -businesses with the, rules and
18 ,regulations of.'the south coast- district, assist:.local
19'. governments and small businesses in.applying forpermits
20 Wand variances, and ensure and facilitate the participation
21` of .local .governments and -::small businesses . in, the
22., development of rules and regulations and the planning
23 and_thedischarge of other responsibilities, of the south
24-. coast district by ensuring that, consistent with the express
25' ;requirements of, this chapter, Chapter 6.5 (commencing
26, ;with*.Section' 40725), Chapter 8 ,- (commencing. with
27: Section 40800):; and Chapter, 10 • (commencing-. with
28 -Section, 40910),. timely and complete notice,,,of- all-
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29...proceedings of, the south coast district board -and the
30 . hearing board is disseminated to all interested groups and
31 the -public..
32'. (B), Upon request, the office shall advise interested
33.; groups and the public as to effective ways of -participating
34 in` these . ,'proceedings, .provide -more extensive
35`' information on any item on an agenda, and make referrals
36' 6'sour6es of. expert, advise and assistance on the district
37' .staff and elsewhere.
38 ` (C) Upon request, the office shall obtain and make
39 available the public record of any aspect of, or particular
40 action taken at, these proceedings.
AB 3248 —6—
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I (D) :The office shall recommend to the south coast
2 district board and the hearing board additional measures
3 to ensure open consideration and public participation in
4 all proceedings. -
5 ` (5) Provide periodic reports, not less than biannually,
6 to the south coast district board and its policy committees
7 on the economic impact of the rules and regulations of the
8 south coast district on small -businesses and local
9 governments.
10 (6) Provide to local governments information and
11 technical assistance regarding alternative processes,
12 cleaner fuels, solvents, and low-cost financing for air
13 pollution control equipment.
14 (7) Ensure effective- communication with all
15 interested groups, including, but not limited to,
16 environmentalgroUPS
, small businesses, local
17 governments, and the public.
18 (8) Assist, in coordination with the local government
19 and small business participation committee, and within
20 60 days from the date on which a copy of any proposed
21 new -rule or regulation of the south coast district is
22 received pursuant to subdivision (f) of Section 40440, in
23 the preparation of a written reporton the projected
24 impact of the proposed rule or' regulation on local
25 governments and small business, and -on the local
26 economy and local communities, and submit the report
27 to the south coast district board for its consideration.
28 (e) The deputy executive officer of public affairs shall
29 do all of the following:
30 (1) Act as an, advocate or- ombudsman. for - local
31 governments, ;-small businesses, and other persons
32 regulated by the south coast district.
33 (2) Participate as a voting member on the south coast
34 district's budget committee, as provided by statute or. the -
35 " rules -and regulations of the south coast district.
36 " (3) Participate as a voting member and as chairperson
" 37 of the south coast district's fee review committee, .as
38 provided by statute or the rules and regulations of the
39, south coast district.
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1 (4) Participate as a voting member and as chairperson:z
2• of the local government and small business participation m
3 committee -
4 (5) Participate' as a voting member of the contract'do)
5 review committee.
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6 -, (f) .(1) The local government and small businessT
7 committee shall consist of 'six local elected' officialsv
8 appointed annually by the south coast,district board, six:
9 owner -operators of local small businesses appointedX
10 annually by the south coast district board, and the deputy
11' executive officer of public affairs, who shall serve aso
12 chairperson.
13' (2) Upon receipt of a. copy of proposed rules "orrr)
14 regulations as described in paragraph (8)of supdivision D
15 '(d), the office shall convene the local government ands
16 small business- participation committee.- The ' local
17_ . government and small business participation committee
18 shall prepare and submit the report, with the assistance
19 of office staff, as provided by paragraph (8) of subdivision'.
20 (d).
21 (3) In addition, the deputy executive officer of public
22 affairs may convene the local government and small
23 business participation committee at any. time to review
24 the rules and regulations of the south coast district and to
.25 submit proposed revisions to the south coast district board
26 'for consideration.
27 (g) (1) The contract review committee shall consist
28 of the south coast district executive officer, the deputy
29 executive officer of public affairs, and the chairperson of
30the south coast --district board, or a member of the board
31. designated by,the chairperson, -who shall serve -as the
.32 chairperson of the contract review committee. -
33 (2) Not less frequently than monthly, the chairperson
34 of the south coast district board, ora member of the board
35 designated by the chairperson, shall convene the contracC'
36 review committees. A
37 (3) ..The contract review committee shall review they
38 contracting process for all' -.contracts proposed to be
39 awarded by the south coast district, and shall, with respect
40 to any contract reviewed and upon majority vote, either
AB 3248 —8— —9— AB 3248
I approve the contract and transmit it to the south coast
2 district board for execution, or disapprove the contract,
3 in which case it shall not be awarded.
4 (h) Upon receiving' findings and recommendations
5 from the office, the south coast district board shall
6 coordinate compliance schedules with the availability to
7 small businesses and local governments of funding for
8 pollution control equipment and other measures to
9 reduce emissions.
10 (i) The south coast district shall hold, annually, a
11 general assembly to convene elected officials
12 representing all local_ governments and state legislative
13 and congressional districts .within the South Coast Air
14 Basin to review progress in reducing emissions as
15 required by the California Clean Air Act of 1988 and the
16 South Coast District Air Quality Management Plan and its
17 impact on the local economy and local communities. The
18 office shall provide staff support to the general assembly.
19 Participation in the general assembly shall be open to
20 representatives from the state board, the Regional
21 Council of the Southern California Association of
22 Governments, county transportation commissions,
23 subregional groups or councils of governments, chambers
24 of commerce, environmental groups, small businesses,
25 and any other member of the regulated community
26 affected by the south coast district.
27 SEC. 3. Section 40458 is added to the Health and
28 Safety Code, to read:
29 40458. (a) As used in this subdivision, "small
30 business" has the same meaning as defined by the federal
31 Small Business Administration, except that no stationary
32 source that is a major source, as defined by applicable
33 provisions of the federal Clean Air Act (42 U.S.C.A. Sec.
34 7661 (2) ) , is a small business.
35 (b) No fine or other penalty shall be imposed on any
36 small business for any first violation of a south coast.
37 district rule or regulation unless the offense is both
38 flagrant and intentional, or the violation causes
39 significant harm to the public health or to the
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environment, as determined by the district hearing
board.
(c) Prior to commencing, or requesting the
commencement by any other public agency of, any civil
or criminal action or administrative proceeding to punish
a violation, the air pollution control officer or south coast
district board shall refer the matter to the district hearing
board for a determination pursuani to subdivision- (b).
SEC. 4. Section 40481.5 is added to the Health and
Safety Code, to read.-
40481.5.
ead:40481.5. Any extension, renewal, or modification of
employment contracts of the executive officer and the
deputy executive officer of public affairs shall require
formal approval by the south coast district board. The
executive officer may appoint a person to temporarily fill
a management position for a period of not more than six
months. All recruitment for management positions shall
be conducted through a competitive process, and without
discrimination as set forth in Section 12940 of the
Covernment Code. The executive officer and the deputy
executive officer of public affairs shall serve exclusively at
the pleasure of the south coast district board. These
responsibilities shall not be delegated to the executive
officer.
SEC_ 5. Section 44243 of the Health and Safety Code
is amended to read:
44243. Fee revenues generated under this chapter in
the south coast district shall be subvened to the south
coast district by the Department of Motor Vehicles, after
deducting its administrative costs pursuant to Section
44229, for expenditure in the following manner:
(a) (1) Thirty cents ($0.30) of every dollar subvened
shall be used by the south coast district office of public
affairs and local government assistance to provide
technical and administrative assistance to ' small
businesses and local governments, and to provide
financial assistance to ride share agencies to reduce
emissions from mobile sources and to carry out related
intergovernmental agreements authorized by, or
necessary to implement the California Clean Air Act of
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3248 —10 —
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1988 or the South Coast District Air Quality Management
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-motor vehicles pursuant to the Clean Air Act
Amendments 1990, the California Clean Air Act of 1988,
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Plan. The south coast district office of public affairs and
of
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local government assistance shall administer and provide
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or the plan prepared pursuant to Article 5,(commencing
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guidance and technical assistance for the effective and
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with Section 40460) of Chapter 5.5 of Part 3.
(C) Establishes an air quality improvement trust fund
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efficient use of all revenues subvened under this section.
The south coast district shall not establish any new fee or
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into which all fee revenues distributed to the city or
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charge and shall. not increase any existing fee or charge
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county shall be deposited, and out of which expenditures
be to reduce air from motor vehicles
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to replace revenue reallocated pursuant to this
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shall made pollution
pursuant to the Clean Air Act Amendments of 1990, the
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subdivision.
(2) Funds allocated pursuant to paragraph (1) shall
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California Clean Air Act of 1988, or the plan prepared
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be used to provide technical assistance to cities
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pursuant to Article 5 (commencing with Section 40960}
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receiving funds pursuant to subdivision (b). That
shall include, but not be limited to,
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of Chapter 5.5 of Part 3.
(2) If a city or county fails to adopt an ordinance
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technical assistance
workshops and direct assistance to individual cities on
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pursuant to this subdivision, the fee revenues which
be distributed to that city or county shall instead
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how to develop and implement programs to reduce air
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would
be distributed to the other cities and counties within the
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pollution from motor vehicles.
(b) (1) Forty cents ($0.40) of every dollar subvened
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south coast district which have adopted an ordinance
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shall be distributed by the district to cities and counties
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pursuant to this subdivision, based upon their prorated
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located in the south coast district, based upon their .
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share of registered motor vehicles,
(c) Thirty cents ($0.30) of every dollar subvened shall
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prorated share of population, to be used to implement
from
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be deposited by the district in the High Polluter Repair
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programs to reduce air pollution motor vehicles
authorized by, or necessary to implement, the
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or Removal Account in the VehicleInspeetion and Repair
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which are
Clean Air Act Amendments of 1990, the California Clean
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Fund. All funds so deposited shall be used in accordance
Section 44091 for the repair or replacement of high
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Air Act of 1988, or the plan prepared pursuant to Article
5 with Section 40460) of Chapter 5.5 of Part
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with
emitting vehicles to achieve the emission reductions
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(commencing
3. No city or county may receive funds pursuant to this
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required by the M-1 strategy of the 1994 California State
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subdivision unless, on or before April 1, 1992, or, for a
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Implementation Plan.
SEC. 6. No reimbursement is required by this act
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newly incorporated city, within 90 days of the date of
has adopted and
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pursuant to Section 6 of Article XIII B of the California
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incorporation, the city or county
to the south coast district an ordinance which
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Constitution because a local agency or school district has
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transmitted
does all of,the following:
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the authority to levy service charges, fees, or assessments
level
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(A) Expresses support for the adoption of motor
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sufficient to pay for the program or of service
mandated by this act, within the meaning ofSection 17556
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vehicle registration fees to be used to reduce air pollution
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of the Government Code.
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from . motor vehicles pursuant to the Clean Air Act
Amendments of 1990, the California Clean Air Act of 1988,
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Notwithstanding Section 17580 of the Government
Code, specified, the provisions of this act
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or the plan prepared pursuant to Article 5 (commencing
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unless otherwise
shall become operative on the same date that the actQ1
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with Section 40460) of Chapter 5.5 of Part 3.
Expressly requires all fee revenues distributed to
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takes effect pursuant to the California Constitution.
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(B)
the city or county pursuant to this subdivision or
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subdivision (c) to be spent to reduce air pollution from