CCLME.ORG - GC 65089.12.
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State
California
GC Sec 65089.11-65089.15 MANAGEMENT OF TRAFFIC CONGESTION AND STORMWATER POLLUTION IN SAN MATEO COUNTY

GOVERNMENT CODE
SECTION 65089.11-65089.15





65089.11. (a) The City/County Association of Governments of San
Mateo County, which has been formed by the resolutions of the board
of supervisors within San Mateo County and a majority of the city
councils within the county that represent a majority of the
population in the incorporated area of San Mateo County, may impose a
fee of up to four dollars ($4) on motor vehicles registered within
San Mateo County. The City/County Association of Governments of San
Mateo County may impose the fee only if the board of the association
adopts a resolution providing for both the fee and a corresponding
program for the management of traffic congestion and stormwater
pollution within San Mateo County as set forth in Sections 65089.12
to 65089.15, inclusive. Adoption by the board requires a vote of
approval by board members representing two-thirds of the population
of San Mateo County.
(b) A fee imposed pursuant to this section shall not become
operative until July 1, 2005, pursuant to the resolution adopted by
the board in subdivision (a).
(c) The fee shall terminate on January 1, 2009, unless
reauthorized by the Legislature.



65089.12. (a) The fees distributed to the City/County Association
of Governments of San Mateo County pursuant to Section 9250.5 of the
Vehicle Code shall be used for purposes of congestion management and
stormwater pollution prevention as specified in its adopted
congestion management program, pursuant to Section 65089, and its
approved National Pollutant Discharge Elimination System permit
issued pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251
et seq.).
(b) (1) The fees collected may be used to pay for those programs
with a relationship or benefit to the motor vehicles that are paying
the fee.
(2) Prior to imposing the fee, the board of the association shall
make a finding of fact by a 2/3 vote that those programs bear a
relationship or benefit to the motor vehicles that will pay the fee.

(c) The purpose of the Congestion Management Program is to address
motor vehicle congestion.
(d) Only the stormwater pollution prevention programs that
directly address the negative impact on creeks, streams, bays, and
the ocean caused by motor vehicles and the infrastructure supporting
motor vehicle travel are eligible for funding.
(e) Not more than 5 percent of the fees distributed to the
City/County Association of Governments of San Mateo County shall be
used by the association for its administrative costs associated with
the program.



65089.13. Prior to the imposition of the fee by the City/County
Association of Governments of San Mateo County, a specific program
with performance measures and a budget shall first be developed and
adopted by the association at a noticed public hearing.




65089.14. The City/County Association of Governments of San Mateo
County shall have an independent audit performed on the program with
the review and report provided to the board at a noticed public
hearing.


65089.15. The City/County Association of Governments of San Mateo
County shall provide a report to the Legislature on the program by
July 1, 2006.