Findings. | |
Title and Purpose. | |
Definitions. | |
Clean Construction Requirements. | |
Requirements Within Air Pollutant Exposure Zones. | |
Requirements Outside of Air Pollutant Exposure Zones. | |
Waivers. | |
Regulations. | |
Assistance and Reporting. | |
Enforcement. | |
Editor's Notes:
The sections of this Chapter originally were designated as Sections 25.1 through 25.10 when enacted by Ord. 28-15. The sections were renumbered by the editor as shown in order to preserve the consistency of the numbering system employed in this Code.
Subsequent to the addition of this Chapter to the Code by Ord. 28-15, Ord. 156-15 was adopted to provide, in part, as follows:
The sections of this Chapter originally were designated as Sections 25.1 through 25.10 when enacted by Ord. 28-15. The sections were renumbered by the editor as shown in order to preserve the consistency of the numbering system employed in this Code.
Subsequent to the addition of this Chapter to the Code by Ord. 28-15, Ord. 156-15 was adopted to provide, in part, as follows:
Section 1. [. . .] Section 3 of Ordinance No. 28-15 stated that the operative date would be January 1, 2015. The intent of the Board of Supervisors in adopting Ordinance No. 28-15, which was originally introduced in July 2014, was that the new requirements would not impact existing contracts and that affected City departments would have additional time beyond the effective date to implement the new requirements. Therefore, the Board is adopting this subsequent ordinance, Ordinance No. 156-15, to make it clear that the requirements of Ordinance No. 28-15 only apply to new contracts and to allow additional time within which to implement that ordinance, as stated in Section 2, below.
Section 2. The requirements of Ordinance No. 28-15 shall apply only to construction contracts first advertised or initiated on or after the effective date of this Ordinance No. 156-15. All actions taken by the City with regards to implementation of Ordinance No. 28-15 between April 19, 2015 and the effective date of this Ordinance No. 156-15 [September 5, 2015] are hereby approved.
Section 2. The requirements of Ordinance No. 28-15 shall apply only to construction contracts first advertised or initiated on or after the effective date of this Ordinance No. 156-15. All actions taken by the City with regards to implementation of Ordinance No. 28-15 between April 19, 2015 and the effective date of this Ordinance No. 156-15 [September 5, 2015] are hereby approved.
See Sections 1 and 2 of Ord. 156-15, File No. 150526, adopted 8/6/2015, effective 9/5/2015.
(a) Scientific studies have found an association between exposure to particulate matter and significant human health problems, including: aggravated asthma; chronic bronchitis; reduced lung function; irregular heartbeat; heart attack; and premature death in people with heart or lung disease. Exposure to air pollutants that are carcinogens has significant human health consequences as well. For example, exposure to diesel exhaust is an established cause of lung cancer.
(b) One in three Americans has heart or blood vessel disease; heart disease and stroke are the first and fourth leading causes of death in the U.S., respectively. Air pollution affects heart health and can trigger heart attacks and strokes. Exposure to air pollutants contributes to most of the leading causes of death for San Franciscans: ischemic heart disease; lung, bronchus and tracheal cancers; cerebrovascular disease; chronic obstructive pulmonary disease; hypertensive heart disease and lower respiratory infection. Short-term effects of exposure to air pollution include constriction or chest tightening that causes discomfort or limits normal activity and that makes exercise difficult. And long-term changes in lung function may include lung tissue inflammation, leading to chronic lung disease.
(c) Persons living in close proximity to air pollution sources, such as freeways or busy roadways, have poorer lung functions and are more susceptible to develop asthma and other respiratory problems, compared with persons living at a greater distance from sources. The California Air Resources Board's 2005 Land Use Guidance document, Air Quality and Land Use Handbook: A Community Health Perspective, reviewed traffic-related air pollution studies and found that particulate matter pollution levels decrease by about 70 percent at 500 feet from freeways and high-traffic roadways, defined as urban roads with 100,000 vehicles/day or rural roads with 50,000 vehicles/day.
(d) Proximity to sources of air pollution increases exposure and proximity to sources is more common for the poor and for certain ethnic minorities.
(e) Consequently, health vulnerability varies among neighborhoods and populations within San Francisco, as measured by population health records of air pollution-associated hospital discharges and emergency room visits, and non-accident mortality. Health vulnerable populations are likely to have more significant health consequences from air pollutant exposure compared to populations that are less vulnerable.
(f) Construction activities can be a significant source of diesel exhaust emissions. When such emissions are not controlled, they can become a nuisance and public health risk.
(g) According to the California Air Resources Board off-road equipment, which includes construction equipment, is the sixth largest source of diesel particulate matter emissions in California.
(h) The City and County of San Francisco ("the City") has an interest in protecting public health by reducing diesel exhaust emissions from publicly funded construction sites.
(i) The City can reduce exhaust emissions from off-road diesel equipment by requiring City contractors on public works projects within an Air Pollutant Exposure Zone, as defined in the Health Code, to use equipment with lower exhaust emissions and to reduce exhaust emissions through a construction emissions minimization plan.
(j) The use of newer technologies, such as verified diesel emission control strategies, combined with newer engines (Tier 2 or later), can reduce particulate matter emissions from construction equipment between 89 and 94 percent compared to older, dirtier equipment.
(k) It is feasible to require City contractors to use these newer technologies and newer engines in limited areas within San Francisco based on the wide availability of newer technologies and the availability of newer engines across all sizes of fleets, equipment types, and sizes of engines, as shown by California Air Resources Board inventories. Furthermore, both the state and federal governments have adopted regulations, such as the California Air Resources Board's In-Use Off-Road Diesel Vehicle Regulation, that will require newer, cleaner equipment as the useful life of older engines expires and the engines become obsolete.
(l) The City can further reduce the exposure to diesel emissions from off-road diesel equipment by creating and implementing bidding incentives for City contractors to utilize the cleanest possible off-road diesel equipment on public works projects.
(m) The City can also reduce the exposure to diesel emissions from off-road diesel vehicle fleets by seeking funding to retrofit City owned equipment and other off-road diesel equipment operated in the City. Existing funding sources include incentive programs such as the Carl Moyer Air Quality Standards Attainment Program.
(n) By adopting this Chapter 25, the City intends to exercise its power to make economic decisions involving its own funds as a participant in the marketplace and to conduct its own business as a municipal corporation to ensure that purchases and expenditures of public monies are made in a manner consistent with clean construction practices.
(o) Nothing in this Chapter 25 shall be interpreted or applied so as to create any power or duty in conflict with any federal or state law.
This Chapter 25 may be referred to as the "San Francisco Clean Construction Ordinance." This Chapter is intended to protect the public health, safety and welfare by requiring contractors on City public works projects to reduce diesel and other particulate matter emissions generated by constructions activities.
For purposes of this Chapter 25, the following definitions shall apply. Where a federal, State, or City law is cross-referenced as part of a definition, it is intended that the cross-reference include future amendments to the cross-referenced provision.
"Air Pollutant Exposure Zone" means a zone having a substantially greater than average concentration of air pollutants as defined in Health Code Section 3804.
"Alternative Fuels" means any transportation fuel that is less polluting than gasoline or petroleum diesel fuel, as determined by the California Air Resource Board and that is shown to have lower lifecycle carbon emissions than gasoline or petroleum diesel. Alternative Fuels may include, but are not limited to: natural gas; propane; biofuels from low carbon, sustainable and preferably local sources; hydrogen produced from low carbon and/or renewable sources; and electricity.
"Alternative Sources of Power" means utility-based electric power or other power sources other than diesel engines.
"ARB" means the California Air Resources Board.
"City" means the City and County of San Francisco.
"Construction" means building, demolition, excavation, grading or foundation work, whether or not the work requires a City permit. "Construction" does not include the issuance or obtaining of a site permit for a project.
"Construction Activities" means the performance of all work involved in or required for Construction.
"Construction Phase" means a particular construction activity over a certain period of time. Construction phases may include, but are not limited to, demolition, site preparation, grading, building construction, architectural coatings, and paving. Multiple Construction Phases of a single project may take place at the same time.
"Contractor" means a party who contracts directly with the City to perform construction services relevant to a Public Work or improvement. "Contractor" also includes a City department when the department itself performs construction services relevant to a Public Work or improvement.
"Department Head" means the general manager, director, or executive director of a City department authorized to perform Public Works, or that person's designee.
"Equipment" means off-road and on-road equipment.
"Equipment Type" means a category of off-road equipment. Types of off-road equipment include bore/drill rigs, cranes, crawler tractors, excavators, graders, off-highway tractors, off-highway trucks, other construction equipment, pavers, paving equipment, rollers, rough terrain forklifts, rubber-tired dozers, rubber-tired loaders, scrapers, skid steer loaders, surfacing equipment, tractors/loaders/backhoes, and trenchers.
"Major Construction Project" means a public work to be performed within the geographic limits of the City that uses off-road equipment and that is estimated to require 20 or more cumulative days of work, including non-consecutive days, to complete.
"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 tram an off-road vehicle.
"Off-Road Engine" means a non-road engine as defined in Title 40 of the Code of Federal Regulations, Section 89.2.
"Off-Road Equipment" means equipment with an off-road engine having greater than 25 horsepower and operating for more than 20 total hours over the entire duration of Construction Activities.
"On-Road Equipment" means a heavy-duty vehicle as defined in Title 40 of the Code of Federal Regulations, Section 86.1803-01.
"Portable Diesel Engine" means a diesel engine that is portable as defined in 71 California Code of Regulations, Section 93116.2(bb).
"Public Work" means a contract for the erection, construction, renovation, alteration, improvement, demolition, excavation, installation, or repair of any public building, structure, infrastructure, bridge, road, street, park, dam, tunnel, utility or similar public facility that is performed by or for the City, and the cost of which is to be paid wholly or partially out of moneys deposited in the City Treasury or out of trust monies under the control of or collected by the City.
"Sensitive Use" means a category of building use identified as a "Sensitive Use" in Health Code Section 3804.
"Tier 2 Off-Road Emission Standards" means the Tier 2 new engine emission standards in Title 13, California Code of Regulations, Section 2423(b)(1)(A) and/or Title 40, Code of Federal Regulations, Part 89.112(a).
"VDECS" means a verified diesel emission control strategy, designed primarily for the reduction of diesel particulate matter emissions, which has been verified by ARB pursuant to "Verification Procedures, Warranty and In-Use Strategies to Control Emissions from Diesel Engines," Title 13, California Code of Regulations, Sections 2700-2710. VDECS can be verified to achieve Level 1 diesel particulate matter reductions (at least 25 percent), Level 2 diesel particulate matter reductions (at least 50 percent), or Level 3 diesel particulate matter reductions (at least 85 percent).
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