2009 California Health and Safety Code - Section 41080-41082 :: Article 7. Financial Provisions

41080.  (a) The Sacramento district may adopt a schedule of fees,
levied on permitted and other sources of air pollution, subject to
regulation by the Sacramento district, to recover its costs of
implementing this chapter.
   (b) The Sacramento district may contract with a county or
counties, in which the Sacramento district is functioning, to provide
facilities and administrative, legal, health coverage, risk
management, clerical, and other support services, including, but not
limited to, those facilities and services that the county or counties
provided to the Sacramento district prior to July 1, 1994.

41081.  (a) Subject to Article 3.7 (commencing with Section 53720)
of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government
Code, or with the approval of the board of supervisors of each county
included, in whole or in part, within the Sacramento district, the
Sacramento district board may adopt a surcharge on the motor vehicle
registration fees applicable to all motor vehicles registered in
those counties within the Sacramento district whose boards of
supervisors have adopted a resolution approving the surcharge. The
surcharge shall be collected by the Department of Motor Vehicles and,
after deducting the department's administrative costs, the remaining
funds shall be transferred to the Sacramento district. Prior to the
adoption of any surcharge pursuant to this subdivision, the district
board shall make a finding that any funds allocated to the district
as a result of the adoption of a county transportation sales and use
tax are insufficient to carry out the purposes of this chapter.
   (b) The surcharge shall not exceed six dollars ($6).
   (c) After consulting with the Department of Motor Vehicles on the
feasibility thereof, the Sacramento district board may provide, in
the surcharge adopted pursuant to subdivision (a), to exempt from all
or part of the surcharge any category of low-emission motor vehicle.
   (d) Funds received by the Sacramento district pursuant to this
section shall be used by that district as follows:
   (1) The revenues resulting from the first four dollars ($4) of
each surcharge shall be used to implement reductions in emissions
from vehicular sources, including, but not limited to, a clean fuels
program and motor vehicle use reduction measures.
   (2) The revenues resulting from the next two dollars ($2) of each
surcharge shall be used to implement the following programs that
achieve emission reductions from vehicular sources and off-road
engines, to the extent that the district determines the program
remediates air pollution harms created by motor vehicles on which the
surcharge is imposed:
   (i) Projects eligible for grants under the Carl Moyer Memorial Air
Quality Standards Attainment Program (Chapter 9 (commencing with
Section 44275) of Part 5).
   (ii) The new purchase, retrofit, repower, or add-on of equipment
for previously unregulated agricultural sources of air pollution, as
defined in Section 39011.5, within the Sacramento district, for a
minimum of three years from the date of adoption of an applicable
rule or standard, or until the compliance date of that rule or
standard, whichever is later, if the state board has determined that
the rule or standard complies with Sections 40913, 40914, and
41503.1, after which period of time, a new purchase, retrofit,
repower, or add-on of equipment shall not be funded pursuant to this
chapter. The district shall follow any guidelines developed under
subdivision (a) of Section 44287 for awarding grants under this
program.
   (iii) The new purchase of schoolbuses pursuant to the
Lower-Emission School Bus Program adopted by the state board.
   (iv) An accelerated vehicle retirement or repair program that is
adopted by the state board pursuant to authority granted hereafter by
the Legislature by statute.
   (e) Not more than 5 percent of the funds collected pursuant to
this section shall be used by the district for administrative
expenses.
   (f) No project funded by the program shall be used for credit
under any state or federal emissions averaging, banking, or trading
program. No emission reduction generated by the program shall be used
as marketable emission reduction credits or to offset any emission
reduction obligation of any person or entity. Projects involving new
engines that would otherwise generate marketable credits under state
or federal averaging, banking, and trading programs shall include
transfer of credits to the engine end user and retirement of those
credits toward reducing air emissions in order to qualify for funding
under the program. A purchase of a low-emission vehicle or of
equipment pursuant to a corporate or a controlling board's policy,
but not otherwise required by law, shall generate surplus emissions
reductions and may be funded by the program.
   (g) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.

41081.  (a) Subject to Article 3.7 (commencing with Section 53720)
of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government
Code, or with the approval of the board of supervisors of each county
included, in whole or in part, within the Sacramento district, the
Sacramento district board may adopt a surcharge on the motor vehicle
registration fees applicable to all motor vehicles registered in
those counties within the Sacramento district whose boards of
supervisors have adopted a resolution approving the surcharge. The
surcharge shall be collected by the Department of Motor Vehicles and,
after deducting the department's administrative costs, the remaining
funds shall be transferred to the Sacramento district. Prior to the
adoption of any surcharge pursuant to this subdivision, the district
board shall make a finding that any funds allocated to the district
as a result of the adoption of a county transportation sales and use
tax are insufficient to carry out the purposes of this chapter.
   (b) The surcharge shall not exceed two dollars ($2) for each motor
vehicle whose registration expires on or after December 31, 1989,
and prior to December 31, 1990. For each motor vehicle whose
registration expires on or after December 31, 1990, the surcharge
shall not exceed four dollars ($4).
   (c) After consulting with the Department of Motor Vehicles on the
feasibility thereof, the Sacramento district board may provide, in
the surcharge adopted pursuant to subdivision (a), to exempt from all
or part of the surcharge any category of low-emission motor vehicle.
   (d) Funds received by the Sacramento district pursuant to this
section shall be used to implement the strategy with respect to the
reduction in emissions from vehicular sources, including, but not
limited to, a clean fuels program and motor vehicle use reduction
measures. Not more than 5 percent of the funds collected pursuant to
this section shall be used by the district for administrative
expenses.
   (e) This section shall become operative on January 1, 2015.

41082.  Pursuant to Section 41081, the district may undertake
programs which may include, but are not limited to, financial
assistance to fleet operators for the purchase, conversion, or
operation of low-emission motor vehicles, financial assistance or
other incentives to encourage the sale and distribution of cleaner
burning fuels, and financial assistance or other incentives for the
purchase and operation of ridesharing vehicles.