Fresno Municipal Code Art. 13 Healthy Air and Smog Prevention

The City Council finds that:

A. Stationary emissions from industries and residents, along with emissions from on-road and off-road mobile sources, combined with natural sources all contribute to a significant air pollution problem in the San Joaquin Valley. Although new regulations have resulted in lower vehicle emission levels, the number of vehicles and the vehicle miles traveled (VMT) have increased. As such, air pollution in the San Joaquin Valley has substantially increased, and is among the highest in California, resulting in several standards being increased in unprecedented numbers.

B. Air pollution is a major public health concern in the United States. The American Lung Association estimates the nationwide health costs of air pollution to be in the billions of dollars. According to the United States Public Health Service, high levels of air pollution can cause or aggravate lung illnesses such as acute respiratory infections, asthma, chronic bronchitis, emphysema, and lung cancer. Coughing, wheezing, chest pain, eye irritation, and headaches are common reactions to air pollution. Children, the elderly, athletes, and people with compromised immune systems suffer the worst health problems caused by poor air quality. In these sensitive groups, poor air quality causes more significant health impacts such as breathing difficulties, weakening of the body's ability to resist disease, and hindering the development of lung capacity among children.

C. The Clean Air Act mandates the United States Environmental Protection Agency (EPA) to establish national air quality standards that would ensure the same basic health and environmental protection for all Americans. The San Joaquin Valley Air Pollution Control District (SJVAPCD) uses the Pollutant Standard Index (PSI) to report air pollution information to the public, as well as to monitor compliance with the Clean Air Act. The EPA sets the National Ambient Air Quality Standard (NAAQS) to represent the concentration of a pollutant above which adverse health effects have been observed.

D. From 1999 to 2003, the San Joaquin Valley has exceeded the NAAQS for ozone 158 times. As a result, the EPA has reclassified the San Joaquin Valley as an extreme non-attainment area for the federal one-hour ozone standard. The loss of ozone attainment status will force the SJVAPCD to adopt stricter regulations from a list of measures in the state implementation plan (SIP), a requirement under the Clean Air Act. New regulations could adversely affect San Joaquin Valley businesses and possibly automobile owners. Stricter air quality regulations translate to higher costs for everyone and may cause fewer businesses to be created and retained in the San Joaquin Valley. The EPA has implemented a new ozone monitoring standard which will likely further jeopardize the future attainment status of the San Joaquin Valley and lead to adoption of even stricter standards by SJVAPCD.

E. Over ninety percent (90%) of Californians live in regions adversely affected by air quality problems, largely as a result of motor vehicle exhaust. A program to control automobile emission in California began in 1961, far in advance of federal controls. The State of California conducts its own vehicle emissions control program that is stricter than federal standards. In 1988, the California Legislature enacted the California Clean Air Act, which requires each air district not meeting state air quality standards to prepare a Clean Air Plan that would achieve the standards. The Clean Air Plan contains regulations that effect both San Joaquin Valley businesses and residents.

In 1990, the California Air Resources Board adopted the Low-Emission Vehicle regulation, which requires auto manufacturers to produce vehicles that meet increasingly stringent air quality standards. In addition, the California Air resources Board has also implemented new regulations that have and will continue to reduce emission levels from light duty, medium duty, and heavy duty trucks and buses.

F. In 2002, the state added section 25722.5 to the California Public Resources Code establishing timeframes, procedures and reporting requirements implementing the state's policy goal of developing and adopting low emission procurement specifications and standards.

G. Under this Chapter, the City of Fresno wishes to exercise its power to create strategies which are made in a manner consistent with the policy of improving the air quality in the state, city and in the San Joaquin Valley through the development and adoption of fuel efficiency specifications for the purchase and use of Low Emission Vehicles and technologies, in the most practical and cost-effective manner.

H. Under this Chapter, the City of Fresno wishes to foster, promote, and encourage the use of other modes of transportation other than the personal automobile, as well as the use of Low Emission Vehicles and technologies by developing infrastructures to support the use of these vehicles.

I. Under this Chapter, The Fresno Clean Air Advisory Committee is established to recommend strategies which encourage the use of other modes of transportation other than the personal automobile, as well as aid the City of Fresno in identifying funding sources for the purchase of Low Emission Vehicles and technologies, to research and provide recommendations which will assist the City in the procurement of Low Emission Vehicles and technologies and the development of alternative fuel infrastructures, and to educate and promote the use of Low Emission Vehicles and technologies in the private and public sectors.

(Added Ord. 2000-20, § 1, eff. 3-27-00; Am. Ord. 2004-92, § 1, eff. 11-9-04).

(a) "Advanced Technology Partial Zero Emission Vehicle" means a vehicle that meets SULEV tailpipe emission standard, has a 15 year / 150,000 mile warranty, has zero evaporative emissions and includes advanced technology components. For example, a plug-in hybrid or a compressed natural gas vehicle would qualify in this category.

(b) "Alternative Fuel" means any fuel other than gasoline, diesel, and other substantially petroleum-based fuels that is less polluting than gasoline or diesel fuel, as determined by the California Air Resource Board. Alternative Fuel shall include, but is not limited to, natural gas and electricity.

(c) "Bi-Fuel Vehicle" means any motor vehicle designed to operate on two (2) fuels, one of which is an alternative fuel, but not on a mixture of fuels.

(d) "Bus" means any passenger vehicle with a seating capacity of greater than fifteen (15) persons.

(e) "Car-Sharing Program" means a program in which automobile providers are established to make motor vehicles available to people on a per-use basis.

(f) "City Department" means any department of the City of Fresno.

(g) "Electric Vehicle" means a zero emission vehicle that derives its motive power from one (1) or more electric motors.

(h) "Fast-Fueling" means a fueling process that refuels an alternative fuel vehicle in the same or less time than traditional refueling methods.

(i) "Heavy Duty Vehicle" means any motor vehicle, licensed for use on roadways, having a manufacturer's gross vehicle weight rating greater than 14,000 pounds.

(j) "Highly Polluting Motor Vehicles" means a vehicle with excess hydrocarbon, carbon monoxide, or oxides of nitrogen emissions.

(k) "Hybrid Electric Bus or Vehicle" means a vehicle having an on-board internal combustion engine attached to an electric generator.

(l) "Light Duty Truck" means any motor vehicle, with a manufacturer's gross vehicle weight rating of 6,000 pounds or less, which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use.

(m) "Low Emission" is any technology or combination of technologies that are used to reduce emission from either mobile or stationary sources to below those standards in which the equipment was originally certified to.

(n) "Low Emission Vehicle" means any medium or heavy duty motor vehicle that meets or exceeds the standards set forth in 13 California Code of Regulations §1956.8.

(o) "Low Sulfur Diesel" is diesel fuel with a sulfur content of thirty parts per million or less.

(p) "Medium Duty Vehicle" means any 1995 and subsequent-model year vehicle having a manufacturer's gross vehicle weight rating of 14,000 pounds or less and which is not a Passenger Vehicle or light-duty truck.

(q) "Motor Vehicle" means a self-propelled vehicle.

(r) "Motorized Equipment" means any implement powered by an internal combustion engine. Motorized Equipment shall not include equipment regulated pursuant to Section 21.18-6 of this code.

(s) "Natural Gas Fueling Station" means any fueling station that provides fueling services for motor vehicles fueled by natural gas.

(t) "NO x " means oxides of nitrogen.

(u) "Partial Zero Emission Vehicle" is defined as a vehicle that meets SULEV tailpipe emission standards, has a 15 year / 150,000 mile warranty and zero evaporative emissions.

(v) "Particulate Matter (PM)" means solid or liquid particles of soot, dust, smoke, fumes, aerosols or other airborne material.

(w) "PM 10" means particulate matter less than ten (10) microns in diameter.

(x) "PM 2.5" means particulate matter less than two and five-tenths (2.5) microns in diameter.

(y) "Passenger Vehicle" means any motor vehicle designed primarily for transportation of persons and having a design capacity of twelve (12) persons or less.

(z) "Portable Motorized Equipment" means Motorized Equipment that is capable of being carried or moved from one location to another. Indicia of portability or transportability include, but are not limited to, wheels, skids, carrying handles, a dolly, a trailer, or a platform.

(aa) "Sport Utility Vehicle" means a multipurpose passenger vehicle as defined in 49 CFR 571.3 with motive power, except a low-speed vehicle or trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation." In order to meet the definition of multipurpose passenger vehicle, a vehicle must be constructed either (1) on a truck chassis, or (2) with special features for occasional off-road operation.

(bb) "Stationary Motorized Equipment" means Motorized Equipment that remains or will remain at a single site at a building, structure, facility, or installation for more than twelve (12) consecutive months.

(cc) "Super Ultra Low Emission Vehicle" means any motor vehicle that meets or exceeds the standards set forth in 13 California Code of Regulations § 1961 for Super Ultra-Low Emission Vehicles.

(dd) "Ultra-Low Emission Vehicle" means any motor vehicle that meets or exceeds the standards set forth in 13 California Code of Regulations § 1960.1 for Ultra-Low Emission Vehicles.

(ee) "Zero-Emission Vehicle" means (i) any motor vehicle that produces zero exhaust emissions of all criteria pollutants, as defined by 17 California Code of Regulations §90701(b), (or precursors thereof) under any and all possible operational modes and conditions or (ii) any vehicle that has been certified by the California Air Resources Board as a Zero-Emission Vehicle. (Added Ord. 2000-20, § 1, eff. 3-27-00; Am Ord. 2004-92, § 2, eff. 11-9-04).

(a) The Fresno Clean Air Advisory Committee shall oversee the implementation of the provisions of this Chapter, including developing strategies and assisting with the research, evaluation of and expansion of the alternative fueling network in the City of Fresno, assisting with City Departments financing of Low, or Zero Emission vehicles and performing outreach to residents and private sector fleet operators to encourage the purchase of Low and Zero Emission vehicles and technologies, promoting automobile trip reduction by City employees, developing educational programs to train City employees in the use of Low Emission, Ultra-Low and Zero Emission Vehicles and technologies and in techniques that reduce fuel consumption, encouraging the development of car-sharing programs, as well as other transportation control measures. (Added Ord. 2000-20, § 1, eff. 3-27-00).

(a) There is hereby established a committee to be known as the Fresno Clean Air Advisory Committee (hereinafter "Advisory Committee") of the City of Fresno.

(b) The Advisory Committee should consist of seven (7) voting members. The members shall consist of one representative from each of the following:

Council of Fresno County Governments, Board Member

County Board of Supervisor Air District Representative, Board Member

Building Industry Association

California State University at Fresno

Cal Trans

Public Member Appointed by the Council President

Public Member Appointed by the Mayor

(c) The term of office for the appointed public members shall be one (1) year. In the event of a vacancy occurring during the unexpired term of office of the public members, a successor shall be appointed in a manner similar to that for the initial member to complete the unexpired term of the office vacated.

(d) The City Manager shall appoint one (1) representative from the Fleet Management Division and one (1) from Fresno Area Express who may serve as a non-voting ex officio member of the Advisory Committee.

(e) At the initial meeting and annually thereafter the Advisory Committee members shall elect such officers as deemed necessary by the Advisory Committee.

(f) The Advisory Committee shall establish rules and regulations for its own organization and procedure and shall meet when necessary as determined by the Advisory Committee. Except as provided by general law, all meetings shall be open to the public.

(g) The Advisory Committee shall have the power and duty to:

(1) Set up subcommittees as necessary;

(2) Advise the Mayor and the City Council on all matters relating to their duties as specified herein. (Added Ord. 2000-20, § 1, eff. 3-27-00).

(a) Natural Gas Fueling and Electric Vehicle Charging Stations—Assessment and Recommendations. Not later than twelve (12) months from the effective date of this Chapter, the Advisory Committee in consultation with the Fresno County Council of Governments, shall assess the need for a competitive network of public access natural gas Fast-Fueling and Electric Vehicle charging stations in the City of Fresno and shall provide a report to the City Council. Such report shall include the following:

(1) Strategies to determine the market demand assessment for Natural Gas Refueling Stations and electric charging infrastructure needs within the City of Fresno and projected sales within the San Joaquin Valley;

(2) Strategies and recommendations to evaluate and pursue public and private funding options available for installation of Natural Gas Refueling stations and electric charging bays in all City-owned parking garages;

(3) Examine and pursue strategies to develop tax-based or other incentive programs to encourage the installation of Natural Gas Refueling stations and electric charging bays in privately owned parking facilities and residences located in the City of Fresno. (Added Ord. 2000-20, § 1, eff. 3-27-00).

(a) Research, Development and Adoption of Low Emission Specifications. The Director of General Services of the city, in consultation with the Advisory Committee, the California Air Resources Board, the San Joaquin Valley Air Pollution Control District and interested city departments, shall develop and adopt fuel-efficiency specifications governing the purchase of motor vehicles that will reduce petroleum consumption and subsequent emissions from the city's vehicle fleet consistent with state low emission policy goals and this chapter. Research and development shall include analysis of the following: (1) Use of alternative fuels; (2) Use of fuel-efficient vehicles; (3) Use of hybrid vehicles; and (4) Use of new technologies (e.g. hydrogen fuel cell vehicles.)

(b) Passenger Vehicles and Light-Duty Trucks. Specifications for the purchase or lease of Passenger Vehicles and Light Duty Trucks shall meet or exceed the most stringent of California's Ultra-Low Emission Vehicle standards, California's Ultra-Low Emission Vehicle II (ULEV II) standards set forth in 13 California Code of Regulations § 1961, California's Zero Emission Vehicle standards, and California's Super Ultra-Low Emission Vehicle standards, as applicable. These specifications shall apply not later than January 1, 2006 for Passenger Vehicles and not later than January 1, 2010 for Light Duty Trucks.

(c) Medium Duty Vehicles. The Advisory Committee will provide recommendations and strategies to City Departments regarding the purchase or lease, of Medium Duty Vehicles with engines having exhaust emissions levels rated as Low, or Ultra-Low emission pursuant to Section 1956.8(h) of Title 13 of the California Code of Regulations or Medium Duty Vehicles that are rated as Low Emission, Ultra-Low emission or super Ultra-Low emission pursuant to Section 1960.1(h)(2) of Title 13 of the California Code of Regulations.

(d) Heavy Duty Vehicles. The Advisory Committee will provide recommendations and strategies to City Departments when purchasing or leasing Heavy Duty Vehicles whose engines are certified under the optional standards for their exhaust emissions pursuant to Section 1956.8 of Title 13 of the California Code of Regulations.

(e) Exemption for Emergency Vehicles. Authorized emergency vehicles, as defined in the California Vehicle Code, § 165, that are equipped with emergency lamps or lights described in the California Vehicle Code, § 25252 are exempt from the requirements of this section.

(f) Justification for Sport Utility Vehicles. To discourage unnecessary purchase or leasing of Sport Utility Vehicles, each department must demonstrate to the Director of General Services that such vehicle is required to perform an essential function of the procuring city department.

(g) Alternative Fuel Use in Bi-Fuel Vehicles. To the maximum extent possible, each city department that has Bi-Fuel natural gas and Bi-Fuel propane vehicles in its vehicle fleet shall use the respective Alternative Fuel in those vehicles.

(h) Low Emission Technologies and Low Sulfur Diesel Fuel Requirement. The Advisory Committee will provide recommendations and strategies to Fleet Management Division and Fresno Area Express regarding the operation of low emission equipment using diesel fuel whose sulfur content will allow effective after treatment. The Advisory Committee will also provide its recommendations relating to Low Sulfur Diesel fuel utilized by the City's fleet, and an emission reduction program for all medium and heavy duty trucks and urban transit buses that will include the rebuilding and/or retrofitting of existing diesel engines with new Low emission technologies such as a soot catalyst. The replacement and/or retrofitting of all engines must use technologies that have been certified by the California Air Resources Board and/or the Environmental Protection Agency.

(i) Other Requirements. All Motor Vehicles and Motorized Equipment purchased or leased pursuant to this section shall meet all applicable safety standards and other requirements for the intended use of the vehicle or equipment.

(j) Funding. It shall be the policy of the City to: (1) use monies that are not part of a City Department's regular appropriation, including, but not limited to, regional, state, or federal grants, to fund the entire purchase or lease price of Ultra-Low or Zero Emission vehicles or motorized Alternative Fuel equipment that is used in a pilot program or demonstration project; and (2) in all other cases, use such monies only to fund the difference in purchase or lease price between the Ultra-Low, super Ultra-Low, hybrid, or Zero Emission vehicle or motorized equipment and the gasoline or diesel-fueled motor vehicle or Motorized Equipment that would otherwise be purchased or leased. City Departments may consult with the Clean Air Advisory Committee regarding funding opportunities for the purchase of Low Emission Vehicles or technologies.

(k) Annual Report. The Director of General Services shall maintain information on vehicles owned or leased by the city, including but not limited to all of the following: (1) the number of Passenger Vehicles purchased or leased during the year, and the total number owned or leased; (2) the number of Alternatively Fueled vehicles and Hybrid Vehicles purchased or leased during the year, and the total number owned or leased; (3) the justification provided for all Sport Utility Vehicles purchased or leased during the year and the procuring city department; and (4) the number of Sport Utility Vehicles disposed of during the year and the city department making the disposition. Not later than January 1 of each calendar year, the Director of General Services shall submit to the Clean Air Advisory Committee a report which includes a summary of Low Emission Motor Vehicles, Motorized Equipment, Low Emission technologies purchased or leased by city departments including the information referenced in this subsection.

(l) Phase Out of Highly Polluting Vehicles and Equipment. Each city department shall cooperate with and assist the Director of General Services in phasing out older and Highly Polluting Motor Vehicles and Motorized Equipment that have been in service for twelve (12) or more years. The Director of General Services shall consult with the Advisory Committee in this regard as necessary or desirable. (Added Ord. 2000-20, § 1, eff. 3-27-00; Am. Ord. 2004-92, § 3, eff. 11-9-04).

No Bi-Fuel Vehicle owned by the City may be powered by gasoline, diesel, or other petroleum-based fuel while operating within the City of Fresno. Bi-Fuel Vehicles owned by the City shall bear a notice stating the requirements of this subsection, posted in one or more locations that are plainly visible to the vehicle operator. This section shall not apply to (1) the operation of Bi-Fuel Vehicles in emergency situations or (2) the operation of buses by the Fresno Area Express. (Added Ord. 2000-20, § 1, eff. 3-27-00).

(a) Pilot Program. The Transit General Manager, in conjunction with recommendations made by the Advisory Committee, shall implement a pilot program to evaluate the efficacy of using Alternative Fuel and/or Hybrid Electric Buses to reduce air pollution while maintaining current level of service and safety. This program shall include testing of either dedicated natural gas and Hybrid Electric Buses.

(b) Phase-Out of Older Diesel Buses. Not later than eighteen (18) months from the effective date of this Chapter, the Transit General Manager, in conjunction with recommendations from the Advisory Committee, shall develop strategies to phase out the use of diesel buses that have been in service for a time period greater than the time period set forth by any applicable State and federal guidelines. (Added Ord. 2000-20, § 1, eff. 3-27-00).

(a) Regional Public Transportation Authorities. Not later than twelve (12) months from the effective date of this Chapter, the Advisory Committee shall develop strategies including funding opportunities to encourage the regional public sector transit agencies to use buses that are classified Low Emission Vehicles on bus lines that originate or terminate in Fresno.

(b) Private Sector Fleets. Not later than twelve (12) months from the effective date of this Chapter, the Advisory Committee, shall develop strategies including funding opportunities to educate and encourage private sector fleets that operate a significant number of Motor Vehicles within the City of Fresno to convert their fleets to Lower emission Vehicles or Motor Vehicles that comply with the requirements herein.

(c) Residential Vehicles. Not later than twelve (12) months from the effective date of this Chapter, the Advisory Committee shall develop strategies to educate and encourage residents of the City of Fresno to purchase Zero-Emission Vehicles or Motor Vehicles that comply with the requirements herein.

(d) Car-Sharing Program. The Advisory Committee shall develop strategies, in conjunction with other Federal and State agencies, in the development of Transportation Control Measures such as car-sharing programs, employer subsidized transit passes, and alternative work schedules. (Added Ord. 2000-20, § 1, eff. 3-27-00).