§ 426.

CLEAN CONSTRUCTION ASSISTANCE AND REPORTING

a.

Definitions:

1.

“Most effective verified diesel emission control strategy” means a device, system or strategy that is verified pursuant to Division 3 Chapter 14 of Title 13 of the California Code of Regulations to achieve the highest level of pollution control from an off-road vehicle.

2.

“Off-road engine” mean a diesel internal combustion engine (including the fuel system) including without limitation, internal combustion engines used to power excavators, backhoes, bulldozers or similar equipment used in any City construction projects. “Off-road engine” does not include portable engines or stationary engines (engines that remain at one location for more than 12 months).

3.

“Off-road vehicle” means a vehicle that is propelled by an off-road engine of twenty-five (25) horsepower or greater, including, without limitation, excavators, backhoes, bulldozers and similar equipment used in any project subject to this Chapter. “Off-road vehicle” does not include a horticultural maintenance vehicle used for landscaping purposes that is powered by an off-road engine of sixty-five (65) horsepower or less and that is not used in any construction program or project. “Off-road vehicle” does not include portable equipment.

4.

“Tier 2 standards” are those standards for an off-road engine as described in Division 3, Chapter 9, Article 4, Section 2423(b)(1)(A) of Title 13 of the California Code of Regulations, as amended.

b.

Technical Assistance to Local Businesses. The Department of the Environment shall provide technical assistance to businesses certified as Local Businesses Enterprises (LBEs) by the Human Rights Commission and other local businesses in securing available local, State and Federal public incentive funding to retro-fit, repower or replace off-road vehicles or off-road engines operated by such businesses within the City.

c.

Annual Reporting Requirement. The Department of the Environment annually shall prepare and distribute to City departments with off-road vehicles or off-road engines summary information, including application procedures and deadlines, about available local, State and Federal public incentive programs to retrofit, re-power, or replace older, more polluting diesel equipment. The Department of the Environment shall include in the Annual Report to the Mayor and the Board of Supervisors, required in Section 414, the following:

1.

information supplied to the Department of the Environment by City Departments about the extent to which each City Department’s off-road vehicle and off-road engine fleet meets or exceeds either Tier 2 standards for off-road engines or utilizes the most effective verified diesel emission control strategy,

2.

a summary of the results of grant applications made and awarded for the prior year to retro-fit, repower or replace off-road vehicles and engines in the City’s fleet, including fleet upgrades funded and completed,

3.

a summary of technical assistance provided to LBEs and other local businesses, and results, if known, and

4.

recommendations to the Board of Supervisors, Mayor, and City Departments for procedural, policy, or legislative changes to reduce air pollution emanating from off-road vehicles and off-road engines.

History

(Ord. 278-10, File No. 101009, App. 11/18/2010)

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