BOARD MEETING DATE: September 7, 2007
AGENDA NO. 24

REPORT:

Audit Report of AB 2766 Fee Revenue Recipients for FYs Ending June 30, 2004 and 2005

SYNOPSIS:

Health and Safety Code 44244.1 requires any agency that receives fee revenues subvened from the Department of Motor Vehicles to be audited once every two years. This audit of AQMD’s share, MSRC’s share, and local governments’ share of such subvened funds, performed by independent Certified Public Accountants, has been completed.

COMMITTEE:

Administrative, July 20, 2007, Recommended for Approval

RECOMMENDED ACTIONS:

Receive and file the report.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

AB 2766 was chaptered into law as Health and Safety Code Sections 44220-44247 which were enacted to authorize air pollution control districts to impose fees on motor vehicles. These fees are to be expended specifically for the purpose of mobile source air pollution reduction measures pursuant to the California Clean Air Act of 1988 or the AQMD’s AQMP pursuant to Article 5 of Chapter 5.5 of Part 3 of the Health and Safety Code.

The fee revenue is collected by the Department of Motor Vehicles and subvened to the AQMD for distribution as follows: from every one dollar collected, thirty cents (30 percent) goes to support AQMD-approved programs for the reduction of emissions from mobile sources; forty cents (40 percent) is placed in the Air Quality Improvement Trust Fund for quarterly disbursement to local governments; and thirty cents (30 percent) is placed in the Mobile Source Air Pollution Reduction Trust Fund for projects awarded by the Mobile Source Air Pollution Reduction Review Committee (MSRC) under a work program approved by the AQMD’s Board.

AQMD’s portion of the revenue subvened from the Department of Motor Vehicles is classified as general fund revenue and utilized to fund the mobile-related components of AQMD programs. Fees subvened to local governments are utilized to fund mobile source emission reduction programs. Fees allocated to the MSRC are used to fund projects pursuant to a work program developed and adopted by the MSRC and approved by the AQMD Board. The funding mechanism for MSRC projects is a contractual agreement between the AQMD and the entity implementing the project and includes the audit requirements stated under AB 2766.

AB 2766 Audit Requirement

Health and Safety Code Section 44244.1 states that any agency receiving fee revenues shall, at least once every two years, be subject to an audit of each program or project funded. The audit is to be conducted by an independent auditor selected by the AQMD through a competitive bid process. Based on an opinion issued by the Attorney General of the State of California, the audit is to report on the propriety of expenditures made under AB 2766 -- not their efficacy in reducing air pollution.

This is the seventh biennial audit of AB 2766 revenues. The audit covered the AQMD’s use of the money, projects funded by the MSRC, and the use by selected local governments of the fee revenues. The audit was based on the audit guidelines described below.

To assist local government compliance with the audit requirements of the law, in December 1992 the AQMD developed audit program guidelines for local government fee recipients. The guidelines were prepared in consultation with the Technical Advisor Committee (TAC) Audit Subcommittee of the AQMD’s Interagency AQMP Implementation Committee (IAIC). The elements of the audit program were reviewed with representatives of the Finance Committee of the California League of Cities and with Certified Public Accountants whose clients include local governments. The final audit program guidelines were approved by the AQMD Board on December 4, 1992 and updated with additional clarifications on January 13, 1995 and August 1, 2003.

In accordance with the audit program guidelines provided to the local governments for their 40% share, local governments are to submit an annual financial report and progress report to the AQMD. The financial reporting requirements are stratified based upon the annual dollar amount of revenues received. Large recipients (annual receipts more than $100,000) may elect to meet the financial reporting requirement by:

• Separately disclosing the financial results of AB 2766 revenue receipts and submitting an audited general purpose financial statement, a report on internal controls, and a report on compliance with AB 2766 laws and regulations; or
• Submitting an audited Grants Receipts and Expenditures Statement along with a Report on Internal Controls and Report on Compliance with AB 2766 laws and regulations; or
• Submitting to an audit of grants receipts and expenditures by a firm selected by the AQMD.

For small recipients (annual receipts of less than $100,000) the financial report shall consist of their audited general-purpose financial statement. Small recipients that submit annual audited financial statements shall form a pool from which, once every two years, a sample of 10% of participants will be selected for an audit by an independent auditor selected by the AQMD. In November 2006, the AQMD Board approved an award for the performance of the audit to the firm of Simpson & Simpson, Certified Public Accountants.

In accordance with Section 44244.1 of the Health and Safety Code if, after reviewing the audit, the AQMD determines that the revenues from the fees have been expended in a manner which is contrary to the Health and Safety Code, or which will not result in the reduction of air pollution from motor vehicles, it shall do all of the following:

1. Notify the agency of its determination;

2. Hold a public hearing within 45 days of the notification to allow the affected agency to present information related to the expenditure of the revenues from fees; and

3. After the public hearing if it is determined that the agency has expended the revenues from the fees in a manner contrary to the Health and Safety Code, or which will not result in reduction of air pollution from motor vehicles, the AQMD shall withhold these revenues from the agency in an amount equal to the amount which was inappropriately expended. Revenues withheld shall be redistributed to the other agencies, or upon approval of the AQMD Board, to entities specified in the work programs developed by the MSRC.

Audit Summary

AQMD’s Use of AB 2766 Fee Revenues – Segment 1

The audit of the AQMD’s use of the motor vehicle registration revenues resulted in no findings. The audit report is included in Attachment I. The cost of auditing the AQMD’s use of the AB 2766 revenues was $5,200, paid from the AQMD’s portion of the fee revenues.

Local Government Use of AB 2766 Fee Revenues – Segment 2

Over $37.9 million was distributed to local jurisdictions during the two-year audit period (FYs 2003-04 and 2004-05). During this period there were a total of 154 cities and 4 counties receiving subvention funds from motor vehicle registration fees.

Of these, 42 local governments in FY 2003-04 and 43 in FY 2004-05 received over $100,000 annually (large recipients). Forty-two (42) large recipients were in compliance with audit guidelines in FY 2003-04 and forty-three (43) in FY 2004-05. Simpson & Simpson Certified Public Accountants performed a desk review on thirty-three (33) compliant large recipients. Please note that ten (10) compliant recipients elected to meet their financial reporting requirements by agreeing to have the independent audit firm selected by the AQMD conduct an audit of their AB 2766 grants receipts and expenditures for both FYs.

There were 116 small recipients in FY 2003-04 and 115 in FY 2004-05. Of these, 92 were in compliance in FY 2003-04 and 80 were in compliance in FY 2004-05. From this compliant pool, 16 cities were selected to be audited. There were 24 noncompliant small local governments in FY 2003-04 and 35 in 2004-05. These were audited in addition to the pool cities.

Audits were performed on 65 local government recipients, of which 19 cities had no audit findings. Of the 46 cities with findings, there were a total of 68 findings noted. A desk review was completed for 33 large recipients in FY 2003-04 and 33 large recipients in FY 2004-05, which resulted in 4 findings. The summary reports of audit findings for local governments are included in Attachment II. A Summary of Audit Findings for Local Governments is provided in Attachment III.

Of the total 72 findings, all of the findings have been resolved, which eliminates the need for a public hearing. Noncompliance items included: administrative costs in excess of the five percent cap (8 findings - $43,483); unallowable expenditures (6 findings - $78,350); unsupported expenditures (12 findings - $284,599); annual audited financial statements not submitted or submitted untimely (39 findings - $0); interest earnings not allocated (2 findings - $4,544); due from other funds was not collected in a timely manner (1 finding - $0); untimely use of funds (1 finding - $0); failure to maintain a separate schedule of fixed assets (1finding - $0); and did not maintain separate Air Quality Improvement Trust Fund (2 findings - $0).

Local governments are permitted to pool their resources for implementing the requirements for the use of AB 2766 funds. The following three entities were in existence during FYs 2003-04 and 2004-05 and were also audited:

• San Gabriel Valley Council of Governments (includes 27 cities in the San Gabriel Valley);
• Coachella Valley Association of Governments (CVAG) (includes the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage); and
• Southeast Los Angeles County (SELAC) also known as Gateway Cities (includes 26 cities in South East Los Angeles).

Of the three entities audited, all were found to be in full compliance with all AB 2766 requirements.

Local governments were provided with draft audit reports by the audit firm with a request to respond with clarifications and additional information. Their responses are included in the reports. Staff has forwarded a copy of the final report to the affected local governments and has resolved all findings.

The total cost to audit the local government recipients was $76,048. The cost of the audit of the pool cities was prorated among all the cities in the compliant pool. In addition, the cost of the non-compliant local governments will be borne by the agency being audited.

MSRC’s Use of AB 2766 Fee Revenues – Segment 3

As part of the annual work program, the MSRC awarded funding to 59 projects in FY 2003-04 and 70 projects in FY 2004-05, for a total amount of $35,219,161.

For the discretionary portion of the funds, the scope of the audit included projects randomly selected from the Work Program awarded by the MSRC in FYs 2003-04 and 2004-05. The auditors have issued two summary reports (Attachment IV).

The audits of the randomly selected projects from the MSRC work program resulted in no findings. The MSRC reviewed the summary audit report at its meeting on July 19, 2007. The $7,200 cost of auditing MSRC recipients will be deducted from the fee revenues subvened to the MSRC in FY 2006-2007.

Attachments (exe 105kb)

1. AQMD’s Use of AB 2766 Fee Revenues – Segment 1
2. Local Government Use of AB 2766 Fee Revenues Summary Audit Reports – Segment 2 and Segment 2-Subgroup 1
3. Summary of Audit Findings for Local Governments
4. MSRC’s Use of AB 2766 Fee Revenues Summary Audit Report – Segment 3
4. A. Segment 3 – Projects

Due to the large number of audit reports, Attachment III is a summary report. The detailed audit reports for each local government recipient and MSRC audited contracts are available for review at the AQMD’s library.