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Home My WebLink About8.4 Vehicle Registration Fee~ CITY OF DUBLIN ~, , ~ ~ ~~~- ` , ," AGENDA STATEMENT ~~ CITY COUNCIL MEETING DATE: MARCH 23, 1992 SUBJECT: Vehicle Registration Fee for Transportation Measures (AB434) (Report by Lee Thompson, Public Works Director) EXHIBITS ATTACHED: 1) Resolution 2) Letter from Dennis Fay, Executive Director CMA 3) Summary.of Key Provisions of AB434 4) Chart of Revenue Distributions 5) Text of Laws RECOMMENDATION: ~~'~PProve Resolution specifying the Terms and Conditions for the use of Vehicle Registration Fees pursuant to AB434. FINANCIAL STATEMENT: This will provide Dublin with $10,000 per year for local programs to help reduce air pollution from motor vehicles, plus allow Dublin to compete with Alameda County and other cities in Alameda County for additional AB434 monies. programs. DESCRIPTION: Assembly Bill 434 permits the Bay Area Air Quality Management District to collect a fee of up to $4 per vehicle per year to create programs for reducing air pollution from motor vehicles and for related planning and The bill requires the BAAQMD to allocate 40~ of the revenue to an overall program manager in each county. The program manager must be designated "by Resolutions adopted by the county board of supervisors and the city councils of a majority of the cities representing a majority of the popoluation in the incorporated area of the county." The resolution shall also "specify the terms and conditions for the expenditure of funds." The attached Resolution sets eligible funding programs, designates the congestion Management Agency as Program Manager, and the methods and terms of the distribution of the AB434 funds that are funded through Alameda County. Based on a$2.00 surcharge fee (estimated for 1992-93), the BAAQMD estimates that over $5.9 million could be generated from this revenue through June 30, 1993. The distribution of these funds will be 60~ to the BAAQMD and 40~ to Congestion Management Agency. Of the CMA's 40~, the agency will take 5~ to administer the programs, and the remaining funds will be apportioned on a 70~-30~ split: 70~ for cities and the county (based on population, but not less than $10,000 each) and 30~ for discretionary programs for cities, the county, and transit operations. The $10,000 minimum is based on trying to provide enough money to do a meaningful project. Dublin will actually receive a higher percentage of the money than the population percent would dictate because of the $10,000 threshold. The CMA is, at present, developing the criteria for the use and application of these funds. The seven programs specified by AB 434 are: - Ride sharing/trip reduction ordinances/programs - Clean fuel buses - Feeder buses/shuttle services - Local arterial traffic management - Rail-bus integration/regional transit information - Demonstration projects of telecommuting, congestion pricing and alternative fuel vehicles ~ - A smoking vehicles program COPIES TO: CITY CLERK ITEM N0. F~~E / 0 6 O Staff is recommending that Council approve this Resolution. ---------- -------- ~ --------------------------------------------- ~ ~ RESOLUTION NO. 31-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN SPECIFYING THE TERMS AND CONDITIONS FOR THE USE OF VEHICLE REGISTRATION FEES PURSUANT TO AB 434 WI3EREAS, AB 434 (Sher, Statutes of 1991) permits the Bay Area Air Quality Management District to levy a fee to be used to reduce air pollution from motor vehiclea; and . WHEREAS, the programs eligible for funding from revenues generated by the fee are: - Implementation and enforcement of local ridesharing ordinances; - Purchase or lease of clean fuel buses for school districts and transit operators; - Provision of local feeder bus or shuttle service to rail or ferry stations; - Implementation and maintenance of local arterial traffic management; - Implementation of rail-bus integration and regional transit information systems; - Implementation of demonstration projects in telecommuting, congestion pricing, and alternative fuels, and - Implementation of smoking vehicles program; and WHEREAS, cities, the county and transit operators have a significant role in implementing these programs; and WHEREAS, AB 434 requires that not less than 40 percent of the fee revenue be allocated to one or more overall program manager(s) in each county; and WHEREAS, the overall program manager(s) must be designated by reaolutions adopted by the county board of supervisors and the city councils of a majority of the cities representing a majority of the population in the incorporated area; and WH~REAS, the resolution must specify the terms and conditions for the expenditure of funds; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby designates the Alameda County Congestion Management Agency as the • ~ overall program manager for Alameda County pursuant to AB 434, Health and Safety Code Section 44241(e); and BE IT FURTHER RESOLVED that funds available through AB 434 shall be expended in accordance with the terms and conditions set forth in Exhibit A, attached hereto. PASSED, APPROVED, AND ADOPTED this 23rd day of March, 1992. AYES: Councilmembers Burton, Howard, Jeffery, and Mof,fatt NOES: None ABSENT: Mayor Snyder `- ~ - C.`~-'~_i' - ~ ~ _ Mayor Pro em ore ATTEST: I,-~ ,j i ... ..~ _..... ~ T, ' ~ r,. - .~ ~ ~' •.,R:~ _. : , ~.~ p, j ! r; ti.. City Clerk a:(corres)\~nar~resocma • • EXHIBIT "A" AB 434 (Sher, Statutes of 1991) Terms and Conditions for Expenditure of Funds Alameda County 1. 70~ of the available funds shall be apportioned to each city and the county in proportion to the population of the city/county for the purpose of carrying out programs eligible for AB 434 funding, except that each city/county shall receive no less than $10,000 per year. 2. 30~ of the available funds shall be used for a discretionary program. Eligible applicants for discretionary funds include cities, the County, and transit operators. 3. Available funds shall be estimated by first deducting for program administration costs plus the Congestion Management Agency's cost of implementing the trip reduction program called for in the Alameda County Congestion Management Program. The combined total of these costs shall not exceed 5~ of fee revenue available to Alameda County. 4. Rules and procedures will be developed and approved by the Congestion Management Agency. • • 111,i1 r17GD~f C(>Un~:l'.l' eo~v~LS7•~on~ n~~nj~~~lrn~l,Nr nc~:NC~~ ~ i~~~~~~ ~'~~~! `~ 1 ~ 1:992 March 3, 1992 ~I~~ ~~, ~~V~~~~~ Mr. Richard Ambrose City Manager City of Dublin P.O. Box 2340 Dublin, CA 94568 Dear Rich: Subject: AB434 Vehicle Registration Fee for Transportation Control Measures At its February 27, 1992 meeting, the CMA Board discussed the approach proposed by the ACTAC and City Managers' Association to the distribution of the funds available pursuant to AB434 (Sher; Statutes of 1991). By this letter, the CMA is circulating the proposal (Attachment 1) for consideration by the cities and the County and is offering its services as the Overall Program Manager. AB434 permits the Bay Area Air Quality Management District to collect a fee (up to $4 per vehicle per year) for reducing air pollution from motor vehicles and for related planning and programs. The bill requires the Air District to allocate 40% of the revenue to an overall program manager(s) in each county. The overall program manager must be designated "by resolutions adopted by the county board of supervisors and the city counciLs of a majority of the cities representing a majority of the population in the incorporated area of the county." Enclosed for your use are: • The proposed resolution (Attachment 1); • A summary of the key provisions of AB434 (Attachment 2); • A chart (Attachment 3) distributing revenues, as estimated by the Air District, according to the provisions of the proposed resolution; and • The text of the law (Attachment 4). It is requested that you schedule this matter for your council/board for action. I am available to assist as required. Very Truly Yours, ~.~~ Dennis R. Fay, Executive Director file: Programs/(prefix AB434);Alameda County Program Structure 24301 SOUTHLAND DRIVE, SUITE 200, HAYWA: PHON~ (510)785-2710 • FAX (5 ~ • _ATfACHMEN-T-z AB434 (SHER; STATUTES OF 1991) SUMMARY This bill permits the Bay Area Air Quality Management District to collect a fee (up to $4 per vehicle per year) for reducing air pollution from motor vehicles and for related planning and programs. The bill specifies the types of programs the fees may be used for: 1. the implementation and enforcement of local ridesharing ordinances; 2. the purchase or lease of clean fuel buses for school districts and transit operators; 3. the provision of local feeder bus or shuttle service to rail or ferry stations; 4. the implementation and maintenance of local arterial traffic management; 5. implementation of rail-bus integration and regional transit information systems; 6. implementation of demonstration projects in telecommuting, congestion pricing and alternative fuels; and 7. implementation of smoking vehicles program. ' The bill requires the Air District to allocate 40% of the revenue to an overall program manager(s) in each county. The overall program manager must be designated "by resolutions adopted by the county board of supervisors and the city councils of a majority of the cities representing a majority of the population in the incorporated area of the county." . The bill goes on to say "The resolution shall specify the terms and conditions for the expenditure of funds. The entities so clesignated shall be allocated the funds pursuant to subdivision (d) in accordance with the terms and conditions of the resolution." s ~ '9 ~ . ~~ ATTACHMENT 3-- VEHICLE REGISTRATION FEE ESTIMATES ~ ,.~, ~ . _ ,' ~~, ~i I A B434 Vehicle Fee - 4096 Loc al Share Jurisdictfon P ulation % of Po Local 70% % of $ , Discretlonar Pro M r Totai Oakland 372,242 29.10~0 $84,116 26.46% Frem ont 173, 339 13.55% $39,169 12.32% Ha ward 111,498 8.72% $25,195 7.93% Berkele 102,724 8.03% $23,213 7.30% Alameda 76,459 5.98% $17,277 5.44% San Leandro 68,223 5.33% $15,416 4.85% Livermore 56,741 4.44% $12,822 4.03% Union Cit 53,762 4.20% $12,149 3.82% Pleasanton 50,553 3.95% $11,423 3.59% Newark 37,861 2.96~0 $10,000 3.15% ;" Dublin 23,229 1.82% ~$10,000 3.15% '. Alban 16,327 1.28% $10,000 3.15% Piedmont 10,602 0.83% $10,000 3.,1'S% Emer ville 5,740 0.45% ~$10,000 3:15% Alameda Coun 119,882 9.37% $27,090 !8.52°/a , ~ Total 1,279,182 100.00% $317,870~ ~ 100.00% $136,230 $23,900 $478;000 Notes: /~ 1. Total revenue estimated at $2 er vehicle throu h June 30, 1993!b the Ba Area Air ~ualit Mana ement District. Revenue wiil increase in second ear at $2 er vehicle and will increase further if Air District increases fee to $4. 2. Estimates show Overall Pro ram Mana er costs ca ed at 59'0. 3. Estimated revenue could increase if the Air District increases the fee to $4 on O ctober 1, 1992. 4. Revenues will be reduced b the cost of fiscal audits. • • ~ • " : . Assembly Bi11 No. 434 : ~ . . C~i~iPTER 80'i _ . . - An act to amend Sections 4d.~3, 4s_233, 442.s,3, and e-~2~?_1 of, and to add Sections 44241 and 4~242 to, the Health and Safety Code, relating to air pollutio~ - " . - - - . ~-z I~PPro~~d bv Go~snor October 10, 1991. File;i Rith - - .. . - -_ • - - ~ Se~ry of State Oc'.nber 11, 1~91.J . .~ - = - -- - ~ -- . - .. " LEGLSLATIVE COL~.~SEI.'S DIGFST ~ - - - . AB 434, Sher. ~ Air poIlution. ~•ehicles: ~fees. - ~ - _ - (1) Eushng law provides for the coIlection of registration and other specifietii fees on motor ~ ehicles, incIuding a S2 fe~, ~-hich mav be increased to ~, which may be imposed b}• a counh•, i~nifie~, or regional air pollution control district, or air quality management district, except the - Sacramento and Bar ~ A; ea ~ir Qualit~• I~ia.nagement Districts, and ased to re3uc~ air poIIuticn frcm motor vehicles and fior related plannmg, monitoring, eaforcement, and technical studies, as specifie~ ~ This bill would authorize the Bav ~ea ?~ir Qualin; ~igna~ement District to impose that ad~~onal {~_ The bill would prescribe the distribution of revenues from t~ie impostion of that fee b~ the ba~- district, and woald reqirire aeea~es recei~in~ t~e fimds to auc~t funded progra.ms, as spe~ifie3~ ~2) E~Sting law, with respe~} to the distribution of thase fer revenues in the Sou~ Coast ~ Qualih, ~fanagement Distric~ prohibi~s a city or co~ty from re~eiti-i.ng those funds unless the cit~• or county has adopte3 and tra~.itte-3 to the south coast district an ordinancP containmg pre~ibe3 matters. - 'This biII would requffe the ordinance to ha~-e be~n ado~te3 and transmitted on or before ApriI 1, 1992 or, for a ne~ ly mcorporated city, within 90 d.ay5 of the date of inccrporation. The biIl Rould also reqirire the redistribution of revenues, as specified, in c3ses in which the south coast district bas determine3 t~at an agenc~• recei~~ing fe~ revenues has eapended the fe~ con~ary to la~. Tbe people of tbe State of Califoraia do e~act as follow3: SECTIO~ 1. Section ~~; ci the Health and Sa.=et-v Cace is amended to read: 4~-~1,3. (a) In addition to an~ othe: fees sper^.ned in this c~,,de, the vehicIe Code, a.nd the Reyenue and Tazation Ceae, a countv air pollu~on control district, air qualitv mana~Ameat diS.tri~+., or unin"ed or regional air poIlution control dis~:ct exc~pt the Sac.amento district, which has be~n des~ated b~ the state hoa.rd as a s`,ate nonattainment area for an~ poIIutant e~it~~3 b~- mctor •: ehic~es ma~- ATTACHMENT 4 , ~ ~ P ~: ,, ,l ~` h ~ _ . ~ .; . . .. ` ~ . Ch ~ -2- le~y a fee of up to two dollars (~'2) on motor ~ebicles registered ~czthin the district A district may impase. the fee onl}- if the ;o~ ernin~ board of the district adopts a resolntion pro~i~ng for both t3~e fee and a corresponding program for the reduction of air pollution from motor vehicles pursuant to, and for related plannmg, monitoring, enforcement, and techniral stndies n~ry for the implementation of, the California Clean Air Act af 1988. (b) In districts with nonelected officiaLc on their go~erning boards, a resolution adopted pl,m,ant to subdi~-i~on (a). shaIl be approved by both a majority of the go~ermng board and a majority of the board members who are elected o~cials. (c) A fee i.mposed pursuant to this sectian shaIl become effe~ctR e on either April l or October 1, as provided m the resnhrtion adopted by the board p~ssu~t to subdiviTion (a) .~ - SEC. 2 Se~tion 44233 of the Health and Safiety Code is amended to read: - ~ . - - " - " ~. _ ' 4s~. ~'ot more tha.n 5 percent of the fe~s ~ted tn_any ciistrict pursuant to Section 4s229, or distribated by a district to_ any other public agency pursuant to this c~apker, shaIl be used by the district or other public agency for a~m~n~~~~e cQSts SEC. 3. Section 44241 is added to the HeaIth and Safety Code, to read: - . _ - 4s?41. (a) Fee revenues generated under this chapter in the bay district shall be subvened to the bay distr.'ct by the Depar~nent of ~iotor Vehicles arter deducb.ng its adn,;r,~~+--~e c~s p~uant to Section ~_22.9. (b) Fee rerenues generated under this chapter ~aIl be allocated by the bay district to implement the foIloR~g ~ansporta~on control proje~ts and programs that are~ includd m t~e plan adopted purs~ant to Sections 40233 a.nd ~17: - (I) The implementation and enforcement of local rid~sharing znd empioyer-based trip reduction ordinances and programs (2) The purchase or lease of cIea.n fuel "bnses far school districts and transt operators. . - ~ (3) The provison of local feeder bus or shuttie service to rail and ferry starions ~ . - (~) The implementahon and maintenance of local arterial traffic management, including, but not li.m.ited to, sgnal timmg, transt s~nal preemption, bus stop relocation and "s~art strests.". -,_: (~} Implementation of rail-bus integration an.d regional tra~szt ;nfor~nation systems. . : _ ` - :_ . (6) Inplementation of demonstration groje: ts m telecommnting, congestion pricing of highw•ays, bridges, and p~bhc trans~: and alte:nati~e fuel vehicles. _~ _. , ~ -.-_ ; ~ ('~ Implementation of a smo~dng ~•ehic?es progi-am_ _-: ::.;: -_ . (c) Fee revenue generated under this chapter shaIl be aIlorated by the district for projects and progr~ams spe.~ined in ~bdivision (b} to cities, counties, the ~fetropolitan Transporta.tion ('~?n~~on, ~ ~ ~ ~ • - 3 - Ch. 80'i transit districts, ~ or any ather pub~ic a.gency respon~ble for implementing one or more of the spes~ned prajects or programs. Fee revenues shaIl not be n_Sed for any plan.ning activities that aze not ~ directly rela.ted to the imp~emQ~tatiun _of a specific project or Pra~~y-_.;_:.:;._. . . ~ -. ~ _ . . (d) Not less than 40 percent of fiee revenues shaIl be allocated to the entity or entities d~ated p~ant to subdiviszon (e) fior ~ projects and programs m each comnty wii~ the hay district base~d upon the _ coimty's propor~anate s3~ar~ ~~of fes-paid vehicle registraho~ = =: _ : y = = - =~ ~~ = : - ` ~ -`--: . == .~ - (e) In each co~ty, one or more enti~ies may be designated as the overall program manager for the cozmty by resolutions adopted b~ the county board of supen-isors and the city coimcils of a majority of the cities representing a ma~ority of the population in the incorporated azea of the coimiy_ Tbe resolution shall specif~- the terms and conditions for the PT n~e of fimd~ The entities so des~gnated shaIl be allora.ted the fands p~suant to subdi~-irion (d) in accordance with the terms and candi~ions of the resolutio~ SEC. 4 Section 41242 is added 6o t~e Health and Safet~ Code, to read: . _ - . . . . . ~ 44242. (a) Any agency w-hi~ re~i~ es fimc~'s p»~~nt to Se~~on 44241 shall, at least once evers t~-o pe~, ~de:take an audi~ of each program or project fimde~ The andit sbaIl be conducte3 bv an independent auditor sele~d b~ t~e ~ay district in accordance u~th Division 2(commencmg ~h Sec~cm 1100) of t~e Public Con~act Code. The district shaIl de~nct anv anc~irt cos~s R-hich wiIl be mctu~red pursuant to this section prior tn ~~rn ~ f~ revenues b cries, counties, or other agencses pn*~s~t tn Se~tion ~241. (b) Upon completion of an au~it condncted p»7~+~a*~t to subdivisson (a), the bay ~istri~t s~aIl do both of the foIlo~cing: ~(1) biake the audit availah~ to t~ gnblic and to t~e affe~ted agency upon request ~ ~ (2) Review the audit to det~rm~ ir the fiee recenues re~ived bv the agency were spent for the re~ac~n of air poIlntion from motor vehicles pursuant to the plan grepare3 p~suant to Se~'ticns ~3.i and 40717. ~ (c) If, after reti~ewing t~e and~ the bay distric} determines that the revenues from the fe~.s mav have b~n ezDended 'm a manne: which is contrary to this cha~te: or w-hich ~1 not resuIt in the :. ... reduction of air poIlution from motor ~ehi~es p~**~~~nt to taat plan, the district shall do aIl of t~e fi~Ilowmg: (1) Notify the agency of i~ deter~natiD~ (2) Within 4a days of the ~~atiou g~uant tD para~*aph (1), hol~ a public hearing at whic~ the ag~cy ma~ present infcrma~on relating to ezpendit~e of t~e re~~~s from t~e fees. (3) Aftez the public heaiing ii the di.~ict de}ermines thai the agency has ezpendel the re~-enaes frcm the fe~s in a ma.nner v~nich is contrary to this chapte: oi R-~ich ~Il not result in the r~uction 92 1a7 ~ • C~ ~ -4- of air poIlutian from motor ~•ehicles pursuant to the plan prepared pirrcr~a*-t to S~e~-tions 4{T2,33 and 40717, the district shall withhold these rer enues from the agency in an amount equal to the amount which t~as mappropriate~y ezpended Any revenues withheld piusuant to this paragraph shaIl be redistributed to the other cities within the co~ty, or to the co~ty, to the e.~tent the district determines that thep ha~ e comp~ied ~rith the reqirirements of this chapter. (d) ~n~ aQencr- ~hich receives fimds pursuant to Section 442,41 shaIl enc~ber the fimds w-ithin two years of receiving the fimds. SEG ~. S~tion 4~2~3 of the Health and Safety Code is amended to rea~ ~3~3_ Fee rerenues generated imder this chapter in the south cuast c~strict sbaIl be subvened to the south coast district by the Department ~~iotor ~'ehicles, after deducting its administrative costs p~uant to Section 4-~229, for e%penditure in the following manaer_ _ . . . . •.-- - ~: (a) Thirty cents ($Q.30) of every doIlar subvened shaIl be used by the south caast ~strict for programs to reduce air pollution from motor ~ehicbes and to rarry out related planning, . monitori.ng, e.II~Or~mPnt, and technical studies which are authorized by, or n~ry to ~plement, the California Clean Air Act of 1988, or the P~ Pr~P~~ P~~ to Article ~(commencing with Se~tion 4U460) o~ ChaQ#e~ aS af Part 3. ~. _ •--- - (b) Forty cents (30.40) of every dollar subveneci shaIl be distributed bF the ~strict to cities and counties lorated in the south cQast dis~ict, based upon their prorated share of population, to be u~sed to.~ple:nent grograms to reduce air pollution from motor ~ehicles whicb are authorized by, or necessary to i.mplement, tbe Califio~nia Clean ~ Act of 1g88, .or the plan prepared p»~ant to ~rtic~e ~(commencsn.g with Section 404&0) of Chapter ~.~ of Part 3. 1o c~y or c~ty may recei~•e funds pursuant to this subdivison imles, on or before April 1, 1992, or, for a newly incorporated city, v~ithm 9~0 da~ af the date of incorporahon, the rity or coimty has adopted and ~~~Itted to the south coast district an ordinance ~ch does aIl of the foIlowmg: -- - (1) E~re~es support for the adoption .of motor vehicle regis~ation fe~s to be used to reduce air pollution from motor ~ehic~es p~ssuant to the California C1ean Air Act of 1988 or the plan prepared p~snant to :~rtide ~(commencing with Section ~460) of G~apter ~a of Part 3. _ - . - . . - . .. ~ ~... .- (2) E~re~~y req~res aIl fee revenues distributed to the city or county p~iant to this subdivison or subdiviszon (c) to be spent to rednc~ aa poIlu~on from motor vehicles pursuant to the Califor-nia Qe:.n ~ Act of 19H8 or the plan prepared pursuant to Article ~ (commenr~ with Se~tion 4{}4S0) of Chapter ~.5 of Part 3. _~ ~ (3) Establishs.s an air qua}ity improvement tru.st fund into which aIl f~ re~-enu~.s distrihated to the city or county shall he deposted, and out of which ezpenditures shall be made to reduce air poliution 92 170 ~ - 5 - _ C~ 8Ui from motor yehicles pl~~ant to the California Clean ~ Act a~1~S8 or the plan prepared p~~t to Article 5(commencmg wi~ Sec~on. 40460) of Chapter 5.~ of Part 3- .- . . ~- - If a city or county fails to adopt an ordinance p,~„ant to tkis subdivision, the fee revenuES which would be distributed to t~at citti- or county shall mstead be dishibuted to the other cities and ~es within the.south coast ~ which have adopted an ord~ance pursuant_ to -this subdi~irion, based 'upon their prorated share aF registered motor. vehicles ~ -- _- .- ~ - - _ _ - - - _ . : : . - (c) ThirtY .cents (~.30) . of every 'dollar subvened sbaIl be deposited by the district m an accomlt to be iised, p~ssuant to S~,~ctic~ 44244, to implement or monitor programs to reduce air poItu~icxi from motor vehicles R-hich are authorized by, or ne~sary to i.mplement, the California Clean tlir Act of 1988, or the plan prepared p~~suant to Article 3(c~+n,Pnc3ng with Sec~on 40~) of Chapter 5.5 of Part 3. . . SEC. 6. Sec~on 4424? 1 of the Health and Safetv Code is ameade3 to read: ~ 44244.1. (a) Any age.ncti w-~ich recei~•es fe~ revenues p~uma_-it to Section 4-~243 or 442~ shall, at Ieast once e~ery t~s.o years, be subject to an audit of each progsam or proje~t funded The au~t ~a1 be conducted bv an mde~endent auditor sele~ted by the sauth c~: district in accordance uith I?iririon 2(commencing w-ith S~~an 1100) of the Public Contract Cod~ The district shaIl deduct anr andit costs which wiIl be mc~re:i p,~,ant to this section prirn- tn distributing fee resenues to c~es, coimties, or other ag~cies pursuant to Sections 442-~3 and ~241 (b) Upon completion of an audit conducted parniant ta subdivision (a), the sout~ coast ~istrict shaIl do both of the foIloazn~ (1) Niake the audit a~~ilable to the public and to the affe~-fe3 agency upon request (2) Review the audit to determme if t~e revenues from the fe~s received by the agency Rere spent for the reduction of a.ir poI~tic~ from motor vehicles pl~,~ant to the California Clean ~ir Act of I9S8 or the plan prepar~d p~suant to ~lr~cle ~(commencing ~ Section 404F0) of Chapter ~5 of Par~ 3_ (c) If, after retizeu~-mg the audit, the south coast c~.~ict determines that t~e re~ ennes from the fe-..s ma~ ha~-e besa expended in a ma.nner c~ich is c~ntrarv to this cha~te: or ~hic7 ~ not result in the reduction of air pollution from motor ve~icles pursuant to the Cal'uornia Qean 3ir Act of 19fi8 or the plan pre~re3 pursuant to Article ~(commenang w-ith Se~~on ~) oi Chapte: ~.~ of Part 3, the di5-trict sha.Il do aIl of the follov~-i.ng: (~) 1~'otify the agenc}- of its determ;nat;on. (2) Within 4~ da~s of the no~c~on pursuant to FaraE.*aph (1 i, hold a public he3ring at ~hic~ the agencv ma~ pr~eat infor~hcn related to e.epe~.dihae of the reti-enues from the fePs. (3) After the public hearT:ng, ii the dis~ict de~ermines t.hat t~ ~ ~~ ~'1 -6- • agency has eapended the re~ enues from the fe~ in a manner c~hich is contrary to this chapter or which will not resc~lt in the reductian of afr poIlution from motor ~ ehicles plrr~~a_nt to the Califoinia Clean Air Act of 1988 or the plan prepared p~suant to Article ~ (commencing with Section 4{}460) of Chapter 5.a of Part 3, the district sbaIl cvithhold these revennes from the agency m an amo~ equal to the amo~t which was ~propriately expended. An~ Ievenues withheld p„~„ant to t~is ParagraPh shaIl be redistributed to the other a.gencies or, upon approval of the district governmg board, to enhties speeified in the work programs de~ eloped by the mobile so~ce ad~isary committee, , to the e.rtent the district determines tbat they ha~ e complied with the req~rements of this - chapter. - ~ - (d) Any agency which re~ei~ es fee revenues piss~?~t to S~ti~ 44243 or 44244 shaIl espend the fimds w ithin one year of the program , or project completion date_ O - - ~ ~~o