§ 41081. — (Amended (as amended by Stats. 2013, Ch. 401, Sec. 2) by Stats. 2022, Ch. 355, Sec. 2.)

California § 41081.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 26.: DIVISION 26. AIR RESOURCES
• Part 3.: PART 3. AIR POLLUTION CONTROL DISTRICTS
• Ch. 11.: CHAPTER 11. Sacramento Metropolitan Air Quality Management District
• Art. 7.: ARTICLE 7. Financial Provisions

Text

(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. Before 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:
(A)
Projects eligible for grants under the Carl Moyer Memorial Air Quality Standards Attainment Program (Chapter 9 (commencing with Section 44275) of Part 5).
(B)
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.
(C)
The purchase of new schoolbuses or the repower or
retrofit of emissions control equipment for existing schoolbuses pursuant to the Lower-Emission School Bus Program adopted by the state board.
(D)
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)
The replacement of onboard natural gas fuel tanks on schoolbuses that are 14 years or older or the enhancement of deteriorating natural gas fueling dispensers of fueling infrastructure, pursuant to the Lower-Emission School Bus Program adopted by the state board.
(F)
The funding of alternative fuel and electric infrastructure projects solicited and selected through a competitive bid process.
(e)
Not more than 6.25 percent of the funds collected pursuant to this section shall be used by the district for administrative expenses.
(f)
A project funded by the program shall not be used for credit under any state or federal emissions averaging, banking, or trading program. An emission reduction generated by the program shall not 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, 2034, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2034, deletes or extends that date.

Legislative History

Amended (as amended by Stats. 2015, Ch. 610, Sec. 1) by Stats. 2022, Ch. 355, Sec. 3. (AB 2836) Effective January 1, 2023. Repealed as of January 1, 2034, by its own provisions. See later operative version, as amended by Sec. 2 of Stats. 2022, Ch. 355.