SECTIONS 44291 - California Statutes

HEALTH AND SAFETY CODE

SECTION 44291

44291. (a) The state board shall assist districts with developing
procedures to monitor whether the emission reductions projected in
successful grant applications are actually achieved. Monitoring
procedures may include project audits, and may also include
requirements, as part of the contract between the state board or
districts and the grant recipients, that each grant recipient provide
information about the project on an annual basis. Information
required from grant recipients should be minimized and the format for
reporting the information should be made simple and convenient.
(b) As soon as practicable, the commission, in consultation with
the districts, shall publish procedures to monitor and audit
infrastructure projects. These procedures shall ensure that the
amount of qualifying fuel dispensed annually is greater than or equal
to the amount upon which the grant award is based and that any
project qualifying for funding on the basis of public accessibility
or limited public accessibility is, in fact, providing that
accessibility.
(c) The monitoring and auditing procedures shall be sufficient to
allow emission reductions generated to be fully credited to air
quality plans. The monitoring procedures shall contain provisions for
recapturing grant awards in proportion to any loss of emission
reductions or underachievement in dispensing qualifying fuel compared
with the reductions and fuel dispensing projected in the grant
application. Funds recaptured shall be deposited in the accounts from
which the funds were originally expended. From time to time,
monitoring and auditing procedures shall be revised as appropriate to
enhance program effectiveness.
(d) The state board shall monitor district programs to ensure that
participating districts conduct their programs consistent with the
criteria and guidelines established by the state board and the
commission pursuant to this chapter. The monitoring procedures shall
contain provisions for recapture of funds not yet awarded to approved
projects if a district fails to show that they are implementing a
program consistent with the approved program. If the state board
determines, pursuant to this subdivision, that moneys from the fund
allocated to a district should be recaptured, the state board shall
hold at least one public meeting to consider public comments prior to
recapturing the allocated funds. The state board shall make every
effort to assist districts to implement programs in an approved
manner and shall only recapture allocated funds if these efforts fail
to address problems adequately. Recaptured funds shall be deposited
in the Covered Vehicle Account. The state board shall not recapture
funds already awarded to approved projects.