BOARD MEETING DATE: September 11, 2009
AGENDA NO. 18

REPORT:

Audit Report of AB 2766 Fee Revenue Recipients for Fiscal Years Ending
June 30, 2006 and 2007

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 17, 2009, Recommended for Approval

RECOMMENDED ACTION:

Receive and file 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 (DMV) and subvened to the AQMD for distribution as follows: from every one dollar, 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 DMV 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 eighth 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 audits were 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 Advisory 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 2008, the AQMD Board approved an award for the performance of the audit to the firm of Thompson, Cobb, Bazilio, & Associates, PC.

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.

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 $6,600, paid from the AQMD’s portion of the fee revenues.

Local Government Use of AB 2766 Fee Revenues – Segment 2

Over $39.2 million was distributed to local jurisdictions during the two-year audit period (Fiscal Years 2005-06 and 2006-07). There were a total of 158 local governments (154 cities and 4 counties) receiving subvention funds from motor vehicle registration fees.

• Of these, 43 local governments in Fiscal Year (FY) 2005-06 and 45 in FY 2006-07 received over $100,000 annually (large recipients). All large recipients were in compliance with audit guidelines in FY 2005-06 and FY 2006-07. Thompson, Cobb, Bazilio & Associates, PC performed a desk review on 34 compliant large recipients. Please note that 11 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 and 2 large recipients for FY 2005-06 and 1 large recipient for FY 2006-07. From the large compliant group 14 recipients were audited.
• There were 115 small recipients in FY 2005-06 and 113 in FY 2006-07. Of these, 86 were in compliance in FY 2005-06 and 92 were in compliance in FY 2006-07. From this compliant pool, 16 cities were selected to be audited.
• Noncompliant small local governments were as follows: 15 local governments in FY 2005-06; 7 local governments in FY 06-07; and 10 local governments for both FYs. From the noncompliant pool 32 recipients were audited.

Of the 62 local government recipients that were audited, 27 cities had no audit findings. Of the 35 cities with findings, there were a total of 44 findings noted.

A desk review was completed for 33 large recipients in FY 2005-06 and 32 large recipients in FY 2006-07, 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 48 findings, all are resolved. Noncompliance items include: Administrative Costs in Excess of the Five Percent Cap (5 findings - $29,977); Interest Earnings Not Allocated (1 finding); Over-allocation of Interest Earning (1 finding - $1,965); Indirect Expense Based on Budget (1 finding - $700); Improper Recording of Payroll Costs (1 finding); Payroll Costs Not supported by Time Sheets (1 finding - $13,593); Over Reporting of Salaries (1 finding); Unsupported Expenditures (1 finding -$360); Expenditures Not for the Reduction of Air Pollution (4 findings - $36,555); and Submission of Annual Audited Financial Statements and Progress Reports (32 findings).

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 2005-06 and 2006-07 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)
• Southeast Los Angeles County (SELAC) also known as Gateway Cities (includes 26 cities in South East Los Angeles)

Of the three entities audited, two were found to be in full compliance with all AB 2766 requirements and one had a finding for Failure to Maintain a Separate Air Quality Improvement Fund. This finding has been resolved.

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 worked with those cities and counties to provide resolution of issues.

The total cost to audit the local government recipients was $67,896. 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.

MSRCs Use of AB 2766 Fee Revenues – Segment 3

As part of the annual work program, the MSRC awarded funding 53 projects in FY 2005-06 and 74 projects in FY 2006-07, for a total amount of $35,147,214.

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 2005-06 and 2006-07. 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 August 20, 2009 meeting. The $9,000 cost of auditing MSRC recipients will be deducted from the fee revenues subvened to the MSRC in FY 2008-2009.
 

Attachments (EXE, 978k)

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

II.   Local Government Use of AB 2766 Fee Revenues Summary Audit Reports – Segment 2

IIA. Local Government Use of AB 2766 Fee Revenues Summary Audit Reports – Segment 2 – Subgroup 1

III. Summary of Audit Findings for Local Governments and Council of Governments

IV.  MSRC’s Use of AB 2766 Fee Revenues Summary Audit Report – Segment 3

IVA. 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.