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R-13-10-24-F9 - 10/24/2013RESOLUTION NO. R -13-10-24-F9 WHEREAS, the local governments within the Austin -Round Rock Metropolitan Statistical Area (MSA), which consists of Bastrop, Caldwell, Hays, Travis, and Williamson Counties, recognize that they have periodically monitored high ozone values close to exceeding the 8 -hour National Ambient Air Quality Standards (NAAQS) for ozone, and may therefore be subject to nonattainment designation by the Environmental Protection Agency (EPA) if exceedingly high ozone values are monitored in the future; and WHEREAS, on February 14, 2008, the City pursuant to Resolution No. R -08-02-14-9B1 executed an Interlocal Memorandum of Agreement for entry into a voluntary 8 -hour Ozone Flex Program with other local governments in the MSA; and WHEREAS, the 8 -hour Ozone Flex Program expires on December 31, 2013; and WHEREAS, the City desires to continue implementing measures to maintain compliance with the ozone NAAQS; and WHEREAS, the EPA has reviewed and updated the 8 -hour Ozone Flex Program, hereinafter referred to as the Ozone Advance Program; and WHEREAS, the City of Round, Texas is a member of the Central Texas Clean Air Coalition (CAC) of the Capital Area of Governments; and WHEREAS, the CAC has committed to submit a new Action Plan under the Ozone Advance Program by December 31, 2013; and WHEREAS, the Ozone Advance Program Action Plan will continue to achieve air quality and public health benefits by implementing early voluntary pollution control measures for ozone tailored to local condition before air quality standard violations occur or before Federal measures are mandated; and 0112 1304, 00284824/ss2 WHEREAS, the CAC has requested that its members consider committing to emission reduction measures as part of this Action Plan by October 31, 2013; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock commits to continue to implement the measures that were implemented under the region's 8 -Hour Ozone Flex Plan, and to also implement measures described in the CAC Advisory Committee Ozone Advance Plan Recommendations (Exhibit "A") and the list of Ozone Advance Action Plan Measures (Exhibit "B") as part of the region's Ozone Advance Program Action Plan, and directs staff to implement these measures as part of the Action Plan. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of October, 2013. SARA L. WHITE, City Clerk Om A_, -- ALAN MCGRAW, Mayor City of Round Rock, Texas 2 EXHIBIT „A» Clean Air Coalition Advisory Committee Ozone Advance Plan Recommendations In support of the planning effort for the region's Ozone Advance Program (OAP), the Clean Air Coalition Advisory Committee (CACAC) recommends that the Clean Air Coalition (CAC) take the following actions at the meeting scheduled for September 4, 2013: 1. Approve a list of region -wide emission reduction and planning measures; 2. Approve a request to member jurisdictions to renew commitments made and implemented under the 8 -Hour Ozone Flex Plan; 3. Approve a request to member jurisdictions to consider making commitments to implement additional emission reduction and planning measures within their own organizations and jurisdictions as outlined below. CAC members and any other participating jurisdictions or entities should finalize commitments under#2 and #3, and notify the CAC and the CACAC co-chairs, by October 31, 2013. This will allow the Ozone Advance Program Action Plan to be written and adopted by the December 31, 2013 deadline. Background The Ozone Advance Program Action Plan is the latest voluntary air quality improvement plan that the region is developing in partnership with the U.S. Environmental Protection Agency (EPA). The CAC sent EPA a "path forward letter" stating that the region intended to develop an Ozone Advance Plan by continuing and building upon the existing plan implemented under the 8 -Hour Ozone Flex Program. The Coalition indicated that the region would complete an Ozone Advance Plan prior to the expiration of the 8 -Hour Ozone Flex Program on December 31, 2013. The CAC's previous three voluntary emission reduction plans succeeded in lowering ozone levels and in keeping the region compliant with EPA's standards. This was accomplished even as the area's population grew and EPA's standards became more stringent. As required by the Clean Air Act, EPA is performing a scheduled review of its ozone standards. We anticipate this review will result in lowering the standard from 75 parts per billion (ppb) to between 60- 70 ppb. Implementing a robust Ozone Advance Program Action Plan is critical if we are to have a chance at remaining in attainment (which is possible if the standard is set at 70 ppb). In 2012, there were seven days when the region experienced eight-hour ozone averages above the current standard of 75 ppb; 12 days over 70 ppb; and 61 days over 60 ppb. Given that EPA is likely to set a new standard in the range of 60-70 ppb in 2015, additional emission reduction measures beyond what are currently in place will be needed to ensure that the area can remain in attainment of federal ozone standards. The CACAC has conducted extensive public and stakeholder outreach to get input on measures to reduce ozone -forming emissions. In the Austin -Round Rock Metropolitan Statistical Area (MSA), 1 EXHIBIT "A" reducing NOx emissions is about 100 tines more effective in lowering ozone than reducing volatile organic compounds (VOC) emissions, pound for pound, so any Action Plan would need to focus on NOx reduction strategies rather than VOC reduction strategies. Based on the input received, staff analysis, and the CAC's intent as communicated in the "path forward letter," the CACAC has made the following recommendations for consideration in developing the Ozone Advance Plan: Regional Measures "Regional measures" are measures that must either be implemented regionally, or would be more appropriate to implement regionally than by individual jurisdictions. If this list is approved, the CACAC would then develop a plan to carry out these measures with regional partners and incorporate these measures into the Ozone Advance Program Action Plan. A. Continue the regional trip planning & ridesharing program — MyCommuteSolutions.com, and recruit more employers to sign up to use the program. B. Conduct a coordinated region -wide outreach and awareness effort including, though not limited to: • Development of school curricula and/or conducting outreach through schools, • Multimedia public education programs, and ■ Business partnerships and recognition programs. C. Develop resources for local emission reduction and planning measures, such as "best practices" documents for procurement policies, fleet management policies, idling enforcement, and development measures; and provide assistance to local jurisdictions with grant applications. D. Continue to collect, track, and evaluate data on the Ozone Advance Program participants' efforts annually, and consolidate redundant reporting efforts. E. Encourage participation in the regional Clean Cities program. F. Seek funding to conduct the following regional research projects: ■ Assessment of vehicle inspection and maintenance program compliance levels, ■ Assessment of air quality impacts of options for shifting traffic from IH -35 to SH 130, ■ Assessment of impacts of shifting modes of transportation, and ■ Assessment of air quality impacts of regional non -road fleets and evaluation of impacts of policy options. Priority Measures for Consideration by Local Jurisdictions "Priority Measures" are measures that the CACAC believes are accessible to all members of the CAC. They enjoyed very broad and intense support in the survey, require minimal resources to implement, and would provide an effective "baseline" program for any jurisdiction if implemented. The CACAC recommends that the CAC specifically single out these measures as "priority" measures for 2 EXHIBIT "A" consideration by local member jurisdiction. Many jurisdictions already participate in some or all these measures. These are also all steps that could have impacts on ozone levels in the short- to medium term (over the next 1-3 years). The CACAC, CAPCOG, CAMPO, and any other regional partners would work with local jurisdictions to facilitate the implementation of any new measures to reduce the burden on local staff. A. Business Evaluation of Fleet Usage: evaluate and improve the efficiency of the jurisdiction's fleet usage, focusing on using the cleanest vehicle appropriate for the jobs, consolidating trips, and in general, setting policies for fleet usage that reduce NOX emissions. Regional partners can assist jurisdictions in conducting these evaluations. B. Commit to applying for TERP and/or DERA funding when available to retrofit, repower, or replace older diesel vehicles and equipment owned and operated by the jurisdiction. Regional partners can assist jurisdictions in preparing these applications. C. Implement a commuter trip reduction program for the jurisdiction's own employees. These programs can include carpooling, vanpooling, the use of mass transit, flexible schedules, teleworking, guaranteed ride home assurances for commuters, parking cash -out programs, and others. D. Encourage local businesses to implement commuter trip reduction programs. E. Regularly plan for Transportation Emission Reduction Measures (TERMS) within the community and report progress to CAMPO annually. These include projects such as improvements to roadway performance, expanded transit, and improved or expanded bike or pedestrian infrastructure. CAMPO recently solicited TERMs commitments from its members and compiled a consolidated list of these projects. This list can be added to as needed. F. Re -commit to enforcement of heavy duty idling restrictions, adopt a written protocol for implementation, and track compliance. This will require the jurisdiction signing a new Memorandum of Agreement with the Texas Commission on Environmental Quality (TCEQ). G. Implement an Ozone Action Day program for the organization. The program could include, for example, an employee and community notification system, the use of flexible schedules and "work from home" options, or postponing nonessential use of vehicles and equipment. H. Commit to participate in regional measures. I. Annually track and report to CAPCOG for inclusion in an annual OAP report and performance evaluation: ■ Vehicle and equipment usage, ■ Electricity and gas usage, ■ Contracted construction and landscaping work, and ■ Details on performance of locally adopted measures. Additional Measures for Consideration by Local jurisdictions In addition to the measures a jurisdiction is already implementing and any of the "priority measures" listed above, CACAC recommends that each jurisdiction review the following list of additional measures 3 EXHIBIT "A" that would help reduce NOx emissions and commit to additional measures as circumstances allow. Implementing additional emissions reduction measures will strengthen the Ozone Advance Plan and increase the likelihood of success. Based on staff analysis, these measures may require more time, financial, or staff resources to implement, or may be better suited politically to some jurisdictions rather than others. These are not presented in any order of preference. CACAC members stand ready to provide any additional analysis on these measures upon request of a jurisdiction. A. Implement procurement policies that would result in lower NOx emissions, such as: ■ Establish a preference for low -emission (Tier 2, Bin 4 or better) Tight -duty vehicles, ■ Require new trucks to be certified to meet California low-NOx idle standards, ■ Encourage the use of low -emission equipment and vehicles in contracts, • Encourage local sourcing of materials in supply contracts to reduce trucking activity. B. Commit to replace/repower/retrofit a certain percentage or amount of vehicles and equipment over a period of time (including any TERP or DERA project funding secured by the jurisdiction). C. Enhance compliance with the vehicle inspection and maintenance program (where applicable). D. Enhance vehicle idling restrictions and enforcement efforts. These could include notice requirements and conducting targeted enforcement actions against property owners and trucking companies. E. Implement policies to reduce open burning on Ozone Action Days. F. Require or incentivize commuter trip reduction programs for large employers. G. Implement special event emission reduction policies. H. Implement development measures to reduce growth in vehicle miles traveled and congestion. I. Implement development measures to reduce energy consumption from new developments. J. Implement development measures that will cool developed areas. K. Implement energy efficiency, renewable energy, and resource conservation policies that will result in reduced energy consumption: ■ Within the organization/jurisdiction's own operations, and s Within the community at large. Contact Members of the CACAC are available to answer questions or to assist as needed. Please contact your CACAC representative or the CACAC co-chairs, Andrew Hoekzema from CAPCOG (ahoekzema@capcog.org, 512.916.6043) and Pharr Andrews from the City of Austin (pharr.andrews@austintexas.gov, 512.974.6476). 4 EXHIBIT !I B 11 8-03 Flex Measures with No Corresponding Measure on CACAC List: Landscaping Voluntary Start at Noon on Hh ig Ozone Days, Limit vehicle idling to 5 minutes or less, Low VOC Asphalt, Low VOC Roadway Striping, Paving of Unpaved Roads, Resource Conservation, School Bus Program, TxLED (for any biodiesel), Vapor Recovery on Fuel Pumps, Vehicle Maintenance, ABIA measures, Alternative Fuel Vehicles, Direct Deposit, Drive -Through Facilities on Ozone Watch Days, e -Government and/or Available Locations, Fueling Vehicles in the Evening. 1 zone'AdVanice Actron,Plan Measilre 1' Corresponding 8 03 Flex Measure ,CPYr,..y" � 9st ?tta + `� t`a •Cwf` v7a /"JfH✓,.,.�0.Yh r rorryMea�; '��.. ..f!� ° . xfi� fX r,..:: A Business Evaluation of Fleet Usage Business Evaluation of Fleet Usage, Including Operations and Right -Sizing 13 Apply for TERP/DERA Funding C Implement Commuter Trip Reduction Program for Organization Commute Solutions Program D Encourage Private Sector Commuter Trip Reduction Programs E Plan for and Implement TERMS Transportation Emission Reduction Measures, Access Management, Alternative Commute Infrastructure F Re -Commit to Heavy -Duty Vehicle Idling Enforcement & Adopt Written Protocol Enforcement of Heavy Duty Idling Restrictions G Ozone Action Day Program for Organization Ozone Watch and Warning Day Education, Notification, and Response Programs H Commit to Participate in Regional Measures 11 Track and Report Vehicle and Equipment Usage 12 Track and Report Electricity and Gas Usage 13 Track and Report Contracted Construction and Landscaping Work 14 Track and Report Details on Performance of Locally Adopted Measures • Additional Measures Al Procurement Policy Prioritizing Purchases of Low -Emission (Tier 2, Bin 4 or better) Light -Duty Vehicles Low Emission Vehicles A2 Procurement Policy Requiring New Trucks to be Certified to CARB Low-NOx Idle Standards A3 Procurement Policy Encouraging Use of Low -Emission Equipment and Vehichles in Contracts Contractor Provisions for High Ozone Days A4 Procurement Policy Encouraging Local Sourcing of Materials in Supply Contracts B Commit to Replace/Repower/Retrofit Certain Some Vehicles/ Equipment C Enhance Compliance with Vehicle I/M Program D Enhance Idling Restrictions and Enforcement E Open Burning Restrictions Open Burning Restrictions F Require or Incentivize Commuter Trip Reduction Programs for Large Employers G Special Event Emission Reduction Policies H Development Measures to Reduce Growth in VMT and Congestion Expedited Permitting for Mixed Use, Transit -Oriented, or In -Fill Development, Transit -Oriented Development Development Measures to Reduce Energy Consumption from New Developments J Development Measures to Cool Developed Areas Shaded Parking, Tree Planting, Urban Heat Island/Cool Cities Program K Energy Efficiency, Renewable Energy, and Resource Conservation Policies that Reduce Energy Consumption Energy Conservation/Demand Management Measures, Resource Conservation 8-03 Flex Measures with No Corresponding Measure on CACAC List: Landscaping Voluntary Start at Noon on Hh ig Ozone Days, Limit vehicle idling to 5 minutes or less, Low VOC Asphalt, Low VOC Roadway Striping, Paving of Unpaved Roads, Resource Conservation, School Bus Program, TxLED (for any biodiesel), Vapor Recovery on Fuel Pumps, Vehicle Maintenance, ABIA measures, Alternative Fuel Vehicles, Direct Deposit, Drive -Through Facilities on Ozone Watch Days, e -Government and/or Available Locations, Fueling Vehicles in the Evening. 1 �� TEXAS PURPOSE PACK PROSPERITY City of Round Rock Agenda Item Summary Agenda Number: F.9 Title: Consider a resolution committing to participation in the Ozone Advance Program and the implementation of measures described in the Ozone Advance Program Action Plan. Type: Resolution Governing Body: City Council Agenda Date: 10/24/2013 Dept Director: Gary Hudder, Transportation Director Cost: Indexes: Attachments: Resolution, Exhibit A, Exhibit B Text of Legislative File 13-860 With the rapid growth experienced in Round Rock and Central Texas over the last decade, compliance with the federal National Ambient Air Quality Standards (NAAQS) has become an area of increasing concern; the primary pollutant in our area is ozone. Violation of the standards set out in the NAAQS can lead to a designation of "non -attainment" for our region. A non -attainment designation can lead to crippling mandates on businesses and industry; it can require federal oversight on many locally funded roadway projects; and it can require the introduction of certain expensive fuel additives for motor vehicle fuels sold in the Central Texas area, to name but a few of the unsavory aspects of non -attainment. In addition, ozone, can have detrimental effects on the respiratory systems of vulnerable populations, leading to significant impacts and costs to our health care system. In recognition of the concerns about ozone in our region, in 2001 the City entered into a Memorandum of Agreement (MOA) regarding ozone emissions with other parties in the region (then called the Ozone Flex Agreement). The purpose of this MOA was for each jurisdiction to voluntarily enact measures to help reduce their emission of ozone precursor chemicals. In return, the Environmental Protection Agency (EPA) would favorably consider this voluntary participation should the region ever fall into non -attainment of the ozone standards. Some examples of these measures include requiring employees to receive their paychecks via direct deposit; utilizing a vehicle "right -sizing" committee; and restricting mowing on days predicted to have high ozone levels. In 2008, the Ozone Flex Plan was expiring, and the City entered into a new MOA for ozone emissions which was then called the "8 Hour 03 Flex Plan". This renewed plan again called for voluntary participation in the same emission reduction measures contained under City of Round Rock Page 1 Printed on 10/18/2013 Agenda Item Summary Continued (13-860) the previous agreement. The 8 Hour 03 Flex Plan is set to expire December 31, 2013. Since that time, the EPA has introduced a new version of the voluntary plan named the Ozone Advance Program. Commitment to this plan involves the same measures Round Rock has previously committed to under the above mentioned agreements. Round Rock's continued participation in these measures will demonstrate the City's commitment to maintaining and improving the air quality of our region. Staff recommends approval. City of Round Rock Page 2 Printed on 10/18/2013