01-18-2000 - South Coast Air Quality Management District Proposed Rule 1190 - Clean On-Road Vehicles for Government & Airport Operationsi City of West Covina
TO: City Manager and City Council
Memorandum
AGENDA
FROM: Jeffrey W. Collier,,Director ITEM NO. Gl
'Public Services Department DATE_ January 18, 2000
SUBJECT: South Coast Air Quality Management District (District) Proposed Rule 1190
Clean On -road Vehicles- for Government and Airport Operations
SUMMARY: Per this rule, the City of ,West Covina would be required by January 1, 2002 to'
purchase clean -burning, low/no emission vehicles when adding or replacing
vehicles to the fleet
BACKGROUND:
The South Coast Air Quality Management, District. (District) is proposing a rule that would
require government ,fleets and certain private fleets to purchase clean -burning, alternative -fuel
vehicles when adding or replacing vehicles to their vehicles fleets,. Examples of 'fleets affected
by this proposal include those operated by federal, state, county and. city agencies, as;well as
airports, and special districts such as school districts and "transit districts. In addition, private
fleets providing: vehicle services to government agencies such as waste hauling, and street
sweeping, as well as. private fleets transporting passengers and/or cargo to and from airports
would be potentially affected by this proposed rule. Examples of clean -burning alternative -fuel
vehicles include, but are not limited to, those powered by methanol, compressed natural gas
(CNG), electricity, or vehicles that would meet the definition of low emission vehicle under the
California Health and Safety Code. .
This proposal is based on Health and Safety Code Section 40447.5, which was adopted in 1987.
Specifically, Health and Safety Code Section 40447.5 allows the District to require operators of
public and commercial fleets, consisting of 15 or more vehicles, to purchase vehicles powered by
methanol or other equivalently clean burning alternative fuel, when adding or replacing
vehicles(s) to. their fleet. Emergency vehicles are specifically: exempted from this requirement,
unless the District Governing Board determines that sufficient, refueling stations are available to
the extent that their emergency response capabilities are not impaired. For the purposes of this
proposed rule, emergency and rescue vehicle fleets will be exempt from rule compliance.
The lead time incorporated into the January• 1, 2001 and January 4, 2002 compliance dates is
essentially an effort to address the additional;time that would be needed to install or arrange for
access to refueling facilities, potential modification of existing maintenance facilities or new
construction of maintenance facilities to accommodate alternative -fuel vehicles, and training of
technicians to ensure proper maintenance and repair of alternative -fuel vehicles. Fleets, such as
West Covina's, ranging in size from 15. to 99 vehicles are proposed to receive the one year
additional lead time (January 1, 2001.10 January. 1, 2002) to -provide these fleets additional time
to comply with the rule purchase requirements to address their ' potentially smaller staff and
monetary resources. `
DISCUSSION:
The City of West Covina has made a significant commitment and investment in alternate fuel
and low emission vehicles in our City fleet. The City has a fleet of 88 non -emergency vehicles
(non -police and fire) that are not exempt from the requirements of this proposed rule. Of these
Vehicles, the City operates 5 electric vehicles, 4 CNG powered vehicles, 3 propane powered
vehicles and 7 methanol powered vehicles. The City has also installed several electrical charging
stations in the City and has installed methanol and CNG fueling facilities at the City Yard. The
City is also proposing to purchase several additional CNG powered vehicles during. the next two
to three years.
In the. event that Rule ` 1190 is approved, after January 1, 2002, the City will be, required to
purchase "clean -burning" vehicles approved by SCAQMD for all vehicle replacements. While
staff is supportive of efforts to incorporate low emission vehicles. into the City's fleet, staff has a
concern with mandating the .purchase of these vehicles for, all replacement purchases. The City
SCAQMD RULE 1190
Page 2 = January 18, 2000
has had mixed results with alternate fuel vehicles in the past five years and a mandate that 100%
of all vehicles purchased comply with this proposed rule raises concerns such as:
1 Cost
The purchase price of low emission and alternate fuel vehicles is generally higher than
the price for standard gasoline -powered vehicles. This proposed rule would require the
City to purchase only clean fuel vehicles. Staff is concerned that this rule presents
another unfunded mandate for local government. While SCAQMD staff has stated that
they are looking at "other options" to assist jurisdictions in covering the added costs of
this rule, nothing firm has been put forth yet. An additional concern that warrants..
consideration is that parts for low emission vehicles generally have a higher cost as well.
2. Reliability
The City has had mixed results with alternate fuel vehicles. The City's experience with
flex -fuel, methanol powered vehicles was.not positive as the vehicles were not reliable
due to excessive failure of fuel pumps 'and clogging of fuel injectors. Despite this
experience, the City's experience with CNG and electric powered vehicles, plus
technology advancements have resulted in greater. -reliability. However, with all areas of
newer technology, there is the potential for problems to occur. Staff is concerned with
investing 100% in new clean fuel vehicle technology without proven reliability of these
vehicles over the life of the vehicle. Staff would rather suggest that this rule be phased in
over a somewhat longer period of 4 to 6. years in order to allow manufacturers to address
any reliability issues.
..SCAQMD. has conducted two public meetings during December and January on'this proposed
rule and hasreceived extensive comment from those agencies that will be affected by the
proposed rule. Due to the level of concern raised to the SCAQMD board, a third public meeting
has been scheduled to receive additional comments and to allow. SCAQMD staff to revise. the
proposed rule to respond to many of the concerns raised. The next meeting is tentatively
scheduled for February 16. Despite the extension to the public comment period, SCAQMD staff
has requested that comments be submitted as soon as possible in order to allow them to attempt
to respond to concerns prior to the next public meeting.,
Staff is proposing to submit a letter to SCAQMD staff outlining concerns with the new proposed
.rule and a recommendation that, if approved, the rule be phased in over a longer period of time.
In addition, staff will request that additional funding be provided to offset any added cost for
clean fuel vehicles.
FISCAL IMPACT:
The fiscal impact of the proposed rule is not known at this time, however it is assumed that the
rule will result in higher costs for vehicle purchases and may result in higher. costs for
maintenance and parts. This may be offset to extent that scheduled maintenance cycles for low
,emission vehicles is generally longer than for standard gasoline engines, thereby producing a-,,
cost savings: The City could also potentially benefit from investments in CNG and methanol
fueling systems by making them available to surrounding jurisdictions that have not invested in
such facilities.
RECOMMENDATION:
It is recommended that the City Council authorize staff to forward the City's concerns. to
SCAQMD regarding their proposed Rule 1190 and have staff continue to monitor the proposed
rule and keep Council advised of any further modifications.
-V,M '
Oy W. Collier
is Services Director
aments: AQMD Press Release re: Rule 1190 . .
Proposed Rule 1190
Steven L. Samanie
Environmental ManagementDirector
AQMD Government Fleet Vehicle Rule Pagel of 2
AQMD NEWS =
Jan. 3, 2000
PROPOSED RULE SEEKS CLEAN'GOVERNMENT VEHICLE. FLEETS
Government agencies and their contractors operating fleets of trucks, buses and
passenger Icars, as well as fleets serving the. regions airports, would be required to
make'a gradual shi.ft'to "clean -burning" vehicles under a rule proposed by the South
Coast Air Quality Management District.
The primary target would be diesel trucks and buses, but the rule .would cover
passenger vehicles as well:
AQMD's Proposed Rule'1190 -- Clean On -Road Vehicles for Government and Airport
Operations would affect all fleets of 15 more vehicles operated by public agencies or
private businesses to transport passengers and cargo under contract to.a government
agency. Emergency vehicles operated by fire,and,police departments and hospitals
would be exempt.
The draft rule also covers agencies and businesses that own or lease fleet vehicles to
transport passengers or cargo to. and from airports.'
"Motor vehicles are the number one source of toxic air pollution in the region," said
AQMD Executive Officer Barry. Wallerstein. "We hope public agencies will take a
leadership role_ in reducing these harmful emission's.
"Fortunately, affordable, less polluting vehicles are available for many applications to
begin protecting public health now. Given the magnitude of the cancer risk from motor
vehicle pollution, especially diesels, Southern Californians should not have to wait
another seven to 10 years for clean diesel ,engines, if indeed clean diesel technology can
be commercially developed at all."
AQMD hopes to bringthe rule to its: Governing Board in February for a public
adoption hearing.
The proposal follows an AQMD study last..year showing that 90% of the cancer risk
from toxic air pollution in the region is attributable to mobile sources.
Upon adoption, the rule would require all 'new urban transit buses procured.by
operators of fleets with 15 or more buses to be clean -burning low emission or to operate
on clean -burning alternative -fuel: Beginning in 2001, the rule would apply to all
vehicles procured by fleets of 100 or more vehicles. The. clean -burning requirement for
http://www.agmd.gov/newsl/Fleet Rule.htm 01/13/2000
y
AQMD GovermnentFleet Vehicle Rule Page 2 of 2
new vehicles would take effect beginning in 2002 for fleets of 15 to 99 vehicles.
Airport fleets with 100 or more vehicles would be able to procure only clean -burning
vehicles beginning in 2001 and those with 15 to 99 vehicles beginning in 2002.
AQMD will base the clean -burning designation on the most recent. California Air
Resources Board certification data. Vehicles listed as clean -burning in the draft rule..
include those operating on such fuels as compressed natural gas, liquefied petroleum .
gas, liquefied natural gas, methanol, electric batteries and gasoline.
All fleets subject.to, the rule would be required to register. with AQMD within four
months of its adoption and annually thereafter.
AQMD is, involved in numerous programs that are helping to fund a shift to clean -
fueled vehicles in the region, including the Carl Moyer Fund. AQMD is accepting
proposals this fiscal year for up to $13.5 million toward diesel replacements. Early this
year, AQMD is planning a meeting with school districts and the state -to explore
availability of funding to convert diesel school buses to clean fuel.
AQMD is the air pollution control agency for all of Orange County and parts of Los
Angeles, Riverside and San Bernardino County.
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PR 1190 -- proposed Clean Fleet Rule Page 1 of 13'
AQMD' NEWS
Decembe r 20,1999 .
(PR1190R)
Proposed Rule 1190.
,Clean On -Road Vehicles for Government and Airport Operations
(a) Purpose
For all public fleets operating in the South Coast Air Quality Management (District) or
private fleets operating at airports in the District, this -rule requires passenger car, light -
duty truck, medium- duty vehicle, or heavy- duty vehicle fleet operators to acquire
clean_ burning low emission or alternative- fuel vehicles when procuring or leasing
these vehicles to reduce air, toxic levels and criteria pollutants in the District.
(b) Applicability -
This rule is limited to fleet operators of fifteen (15) or more vehicles, and specifically
applies to all government agencies located in the District, including federal, state,
county and city_ government departments and agencies, , and
any privately owned fleets that are contracted by these agencies. In addition, this rule
applies to. fleets of fifteen (15) or more.vehicles operated by airports located in the
District, private fleet operators under contract by the airports to conduct airport
operations, and any other private fleets that transport cargo and/or passengers to and
from airports located in the District. This rule, shall not apply to emergency vehicles
operated by local law enforcement agencies, 'fire departments, or to paramedic and
rescue vehicles as specified in paragraph (g)(2),
(c) Definitions
For purposes of this rule, the following definitions shall apply:
,
(21) AIRPORT FLEET OPERATOR is a person. who owns or leases fleet vehicles that are
operated at airports located in the District. �k erson-is, including any public agency that is
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PR 1190 -- proposed Clean Fleet Rule Page 2 of 13
responsible for airport operation, and also includes private leasing and rental agency, individual
firm, association, organization, partnership, business trust corporation, company, contractor,
supplier, installer, user, or owner that has: (1) contracted with these public agencies, or (2)
transports passengers and/or cargo to and from airports located in the District.
(K) CLEAN- BURNING ALTERNATIVE- FUEL VEHICLE means a vehicle or engine that
emits hydrocarbon wTd-or particulate matter on an individual basis at least equivalent to or lower
than would a corresponding niethwToi po tv a ed vehicle as identified by the Executive Officer in
the most recent version of Attachment 1 based on ARB's certification data.
(, 3) CONTRACT DATE means the date the contract has been signed by both parties ([vehicle
owner/operator and supplier of vehicle (s)j. Renewals of
contracts are considered new contracts:
(54) DMV. means California Department of Motor Vehicles.
(65) HEAVY-DUTY VEHICLE means any vehicle having a gross vehicle. weight of at least
14,000 pounds.
(;�6) LIGHT -DUTY TRUCK . means any motor . vehicle rated , at 6;000 pounds gross vehicle
weight or less which is designed primarily for purposes of transportation of property or is a
derivative of such vehicle, or available with special features enabling off-street or off -highway
operation and use.
(7) LOW EMISSION VEHICLE means any vehicle as defined under Section 39037 05 of the
California Health and Safety Code and identified by the Executive Officer in the most recent
version of Attachment 1 based on ARB's certification data.
(8)'MEDIUM-DUTY VEHICLE means any vehicle having a gross vehicle: weight of more than
6,000 pounds and less than 14,000 pounds.
(9) PASSENGER CAR means any vehicle designed primarily for transportation of persons and
having a design capacity of twelve (12) persons, or less.
('10) PUBLIC FLEET OPERATOR is a person who owns, -leases, or operates fleet vehicles in
the District. A person is federal, state, county and city government departments and agencies,
and special districts. In addition, a person .includes any private vehicle:.
leasing and rental agency, individual firm, association, organization; partnership, business trust
corporation, company, contractor, supplier, installer, user, or owner that transports passengers
and/or cargo to and from airports or performs essential public services such as passenger transit
street sweeping and waste refuse removal, under contract with a federal, state, county or city
government department or agency, mid U.S. Nfihtary Foiemor special district.
(11) SPECIAL DISTRICT means any public agency that provides public services such as but
not limited to, sanitation, school, transit, and water districts.
(+f�12) VEHICLE means any self-propelled, motorized device which requires. Department of
Motor Vehicle registration for use on the highway.
(+13), URBAN BUS means a passenger -carrying: vehicle powered by a heavy -heavy-duty diesel
,http://www,agmd.gov/news 1 /PR1190.htm 01 /13/2000
PR 1190 -- proposed Clean Fleet Rule Page 3 of 13
engine, or of a type normally powered by a.heavy heavy-duty diesel engine, with a load capacity .
of fifteen (15) or more passengers and intended primarily for intra-city operation, i.e., within the
confines, of a city or greater metropolitan area:. Urban bus operation is characterized by short
rides 'and frequent. stops. To facilitate. this type of operation, more than one .set of quick -
operating entrance and exit doors would normally be installed. Since fares are usually paid in
cash or token, rather, than purchased in advance in the form of tickets,, urbani, buses would
normally have equipment installed for collection of fares.
(d) Fleet Registration Requirements
Within four (4) months subsequent to the adoption of this rule and annually thereafter,
public and airport fleet operators shall register with the District to provide fleet -specific
information, such as a list of official DNV registrations, principal vehicle location, and
manufacturer, model-year,'model,,and fuel type of each fleet vehicle.
(e) .Public Fleet Purchase Requirements'
(1) Beginning' upon adoption of this rule, fleet 'operators of 15 or more urban
buses shall procure clean -burning low emission or clean -burning alternative -fuel
vehicles, Rroduced by an original -equipment manufacturers) when 'adding or
replacing urban buses to their vehicle fleet.
(2) Beginning on January 1, 2001 for fleets of 100 or more vehicles[excluding
exempt vehicles . as provided in paragrraph - (a public fleet operators shall
procure clean -burning low emission or clean -burning alternative -fuel vehicles,
produced by an original -equipment manufacturer (s), when adding or replacing
vehicles to their fleet. Notwithstanding the preceding, urban bus fleet operators
of 15 or urban buses shall continue to implement paragraph (e)(1).
(3) Beginning on January 1, 2002 for public fleets :of 15 or more vehicles
[excluding exempt vehicles as provided in Para graph ( L fleet operators, shall
procure clean -burning low emission or clean -burning alternative -fuel vehicles,
produced by an on ' al-e uipment.manufacturer(s), when adding or replacing
vehicles to their fleet.
(4) Except for fleet operators of urban buses, if a public fleet operator contracts
with a supplier -of original equipment manufacturer vehicles for the purchase or
lease of vehicles 'that are not in the supplier's inventory as of the contract date,
and if the contract date is on or before January 1, 2001 for fleets of 100 or more
vehicles and January 1, 2002 for fleets between 15 and 99 vehicles, then vehicles
procured under these contracts shall be considered to have occurred on or
before these two dates, provided that the delivery date of the vehicle (s) to the
fleet operator is no later than six (6) months subsequent to the contract date.
(f) Airport Fleet Purchase Requirements
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PR 1190 --'proposed Clean Fleet Rule Page 4 of 13
(1) Beginning on January 1, 2001 for fleets of 100 or more vehicles[excluding
' exempt vehicles as provided in paragraph (gL airport fleet operators shall
procure clean -burning low emission or clean -burning alternative -fuel vehicles
produced by an original -equipment manufacturer(s), when adding or replacing
vehicles to their fleet.
(2) Beginning on January 1, 2002 for fleets of 15 or more vehicles, airport fleet
operators shall procure clean- burning low emission or clean- burning
alternative- fuel vehicles produced by an original- equipment manufacturer (s),
when adding or replacing vehicles to their fleet.
(3) If. an airport fleet operator contracts with a supplier of original equipment
manufacturer vehicles for the purchase or lease of vehicles that are not in the
supplier's inventory as of the contract date, and the contract date is on or before
January 1, 2001. fleets of 100 or more vehicles and January 1, 2002 for .fleets
between 15 and,99 vehicles, then vehicles procured under these, contracts_ shall
be considered to have occurred on or before these two dates, provided that the
delivery date of. the vehicle(s) to the fleet operator, is no later than six (6) months
subsequent to the contract date.
(g) Exemptions:
The provisions of this rule shall not apply' to the following:
(1) Fleets consisting of evaluation%test vehicles, operated by vehicle
manufacturer for testing or evaluation, exclusively.
(2) Fleets consisting of vehicles operated by police department, fire department,
hospital, medical or paramedic .facility, and exclusively used for responding to
situations where potential threats to life or property exist, including but not
limited to fire, ,ambulance calls, or life-saving calls; unless the District Governing
Board finds and determines that methanol equivalent fuels are available at
sufficient locations so that emergency response capabilities of those vehicles are
not impacted.
(3) Fleets consisting of vehicles not garaged, housed, parked, stored or operated -
within the District for more than 30 days in any 12-month period.
&Privately owned or operated fleets of.vehicles unless subject to requirements
contained in subdivisions (e) or (f).
(5) Privately owned or operated fleets of vehicles under contract with a federal,
state, or local agency or, special district, for express purpose of. routine parcel
delivery or supplies delivery to and from offices of public agencies; performing
construction -related activities; or supplying fuels.
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PR 1190 proposed Clean Fleet Rule Page 5 of 13
(h) Compliance Auditing and'Enforcement
(1) The fleet operator'shall provide at the request of the District any files and/or
records created to comply with subdivisions (e) or (f). This provision shall not
apply for records that have been in existence for more, than one year.
(2) The' District may inspect facilities and vehicles, -for compliance, with the . .
requirements specified in this rule. District inspectors. shall be afforded
reasonable access to facilities and vehicles upon request.
(3) Violation of any provision of this rule shall constitute a citable violation and
shall be .subject to the penalties specified. in the California .Health and Safety
Code for violation of District rules.
(4) Any fleet operator seeking an exemption under subdivision (g) shall supply
proof that their fleet is exempted from this rule when requested by the District.
Attachment 1
Faels Engines Qualifying as Methanol Equivalent
-or as Low Emission Vehicles Under
-Paragraphs (c)(M and c
Passenger Cars and Light -Duly Trucks(< 3,750 fbs L)WO
2000 Model Year
Electric Vehicles (Zero -Emission Vehicles)
General Motors EV-1
Honda EV Plus
Hyundai Accent EV
Nissan Altra EV
Solectria FORCE
General Motors S-10
Toyota RAV 4 EV
Super -Ultra -Low -Emission Vehicles
HOND
YHNXV02.3NL5' .
DED j
CBG
HONDA
ACCORD
NI S
YNSXV01.85BA
DED
CBG
NISSAN
SEC RA CA 4-DR
hq://www.aqmd.gov/newsl/PRI'190.htm 01 /13/2000