BILL NUMBER: SB 497 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 3, 2005
AMENDED IN SENATE APRIL 18, 2005
AMENDED IN SENATE MARCH 29, 2005
INTRODUCED BY Senator Simitian
FEBRUARY 18, 2005
An act to add Chapter 8 (commencing with Section 39950) to Part 2
of Division 26 to of the Health and
Safety Code, and to add Article 7 (commencing with Section 10390) to
Chapter 2 of Part 2 of Division 2 of the Public Contracts
Contract Code, relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
SB 497, as amended, Simitian. Cleaner Construction Program.
Existing law requires the State Energy Resources Conservation and
Development Commission, the Department of General Services, and the
State Air Resources Board to develop and adopt fuel efficiency
specifications governing the purchase of state motor vehicles and
replacement tires that will reduce petroleum consumption of the state
vehicle fleet to the maximum extent practicable and cost-effective.
This bill makes legislative findings with regard to the need to
provide incentives to encourage the reduction of air pollution
emissions from specified vehicles. This bill would require the
Department of General Services to implement the Cleaner Construction
Program to reduce air pollution emissions from off-road equipment
used in the performance of all state agency and department contracts
for the construction of roads, highways, buildings, and other state
infrastructure projects.
The bill would require the board to provide and update an online
list of verified diesel emission control strategies. The bill would
require every advertisement or notice for bids on state-funded
contracts to include program requirements with respect to the use of
specified diesel equipment used in the performance of those
contracts. The bill would also require the department to
prepare and submit an annual program progress report to the
Legislature, as specified make avai lable
to the public all contracts covered by the Cleaner Construction
Program, including information on each contractor's proposed approach
for meeting Cleaner Construction Program standards .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
The Legislature finds and declares all of the following:
(a) Air pollution is a major public health threat in California.
More than 90 percent of Californians live in areas that fail to meet
federal or state air quality standards.
(b) A long-term children's health study, funded by the State Air
Resources Board, revealed that exposure to high air pollution levels
can slow the growth rate of a child's lung function by up to 10
percent.
(c) Each year, air pollution costs California, its residents, and
its businesses billions of dollars for costs related to health care
and for the costs attributable to lost workdays and lost days of
school attendance.
(d) The State Air Resources Board estimates, if this state is able
to meet an acceptable particulate matter standard, that each year
6,500 premature deaths, or 3 percent of all deaths in this state,
would be prevented. In addition, the State Air Resources Board
estimates that, each year, diesel pollution, alone, is the cause of
between 700 and 3,570 premature deaths, 2,600 cases of chronic
bronchitis, and 5,270 hospital admissions for respiratory and
cardiovascular illnesses.
(e) Diesel engine emissions from both on-road and off-road
heavy-duty vehicles include fine particulate matter that can be
breathed deeply into the lungs and enter into a person's blood
system. The State Air Resources Board classifies diesel particulate
emissions as a toxic air contaminant and estimates that these
emissions account for 70 percent of the cancer risks associated with
airborne toxins.
(f) According to California's emission inventory prepared for
2003, construction is a major source of diesel pollution, accounting
for almost one-third of all diesel fine particulates and one-fifth of
all diesel emissions of nitrogen oxides.
(g) The Legislature has, through prior legislation, taken a lead
in addressing the reduction of diesel emissions and has provided
incentives to encourage the reduction of those emissions. By enacting
these measures, the Legislature has demonstrated that the reduction
of air pollution constitutes an important statewide policy.
(h) The State of California spends billions of dollars each year
on the construction of roads, highways, and other state
infrastructure projects and buildings.
(i) There is a need for stronger incentives in California's state
contracting process to encourage contractors to invest in or use
low-emission diesel vehicles and equipment, and thereby protect
public health.
(j) The State of California has an interest in the protection of
public health and the reduction of exposure to diesel emissions
generated at state-funded construction sites.
(k) The State of California, through its public contract
procedures, can both reduce the exposure to diesel emissions and
encourage contractors to reduce emissions from on-road and off-road
diesel vehicle fleets and from onsite diesel generators through the
utilization of existing state incentive programs such as the Carl
Moyer Air Quality Standards Attainment Program.
SEC. 2. Chapter 8 (commencing with Section 39950) is added to Part
2 of Division 26 of the Health and Safety Code, to read:
CHAPTER 8. The Cleaner Construction Program
39950.
For the purposes of this chapter:
(a) "Board" means the State Air Resources Board.
(b) "Department" means the State Department of General Services.
(c) "G/bhp-h" means grams per brake horsepower hour.
(d) "Level 2 controls" means those technologies that achieve at
least 50 percent or greater reduction in particulate matter, as
described in Chapter 14 of Division 3 of Title 13 of the California
Code of Regulations.
(e) "Level 3 controls" means those technologies that achieve at
least 85 percent or greater reduction in particulate matter or less
than 0.01 g/bhp-h per hour emission level, as described in Chapter 14
of Division 3 of Title 13 of the California Code of Regulations.
(f) "MBACT" means the verified diesel emission control strategy
that achieves the highest level of pollution control for off-road
equipment.
(f) "Most effective verified diesel emission control strategy"
means the device, system or strategy that is verified pursuant to
Chapter 14 of Division 3 of Title 13 of the California Code of
Regulations that achieves the highest level of pollution control from
off-road equipment.
(g) "NOx" means oxides of nitrogen.
(h) "Off-road equipment" means all self-propelled nonroad
equipment having an engine with a horsepower rating of 50 or greater.
(i) "PM" means particulate matter.
(j) "Ppm" means parts per million.
(k) "Sensitive receptor sites" refers to schools and schoolyards,
playgrounds, nursing homes, and hospitals.
(l) "State-funded construction project" means any construction,
remodel, rehabilitation, or upgrade of public buildings, roads,
highways, bridges, or other infrastructure for which state funds are
used.
(l)
(m) "Tier 2 standards" are those standards for off-road
equipment as described in Chapter 9 of Division 3 of Title 13 of the
California Code of Regulations.
(m)
(n) "Tier 3 standards" are those standards for off-road
equipment as described in Chapter 9 of Article 4 of Title 13 of the
California Code of Regulations.
(n)
(o) "Tier 4 standards" are those standards for off-road
equipment as described in Chapter 9 of Article 4 of Title 13 of the
California Code of Regulations.
(o)
(p) "Ultra-low sulfur diesel fuel" is diesel fuel that
has a sulfur content of 15 ppm or less.
(p) "Verified diesel emission control strategy" means any device,
system, or strategy, used by off-road equipment to reduce emissions,
that is verified pursuant to Chapter 14 of Division 3 of Title 13 of
the California Code of Regulations.
39951.
(a) The board, not later than March 1, 2006, shall provide an
online document listing verified diesel emission control strategies
for stationary and mobile diesel construction equipment. The
technologies described in the online list may include technologies
verified by the board or the United States Environmental Protection
Agency.
(b) The board shall update the online document at least twice per
year.
39952.
Every For state-funded construction
projects, every contract subject to this chapter shall comply
with the following requirements:
(a) All diesel-powered off-road equipment shall:
(1) Use ultra-low sulfur diesel fuel.
(2) Meet Tier 2 standards or comply with the MBACT
apply the most effective verified diesel emission
control strategy for emission reductions of PM, and where
the MBACT is available and compatible,
NOx. If no MBACT for PM exists, the equipment shall meet Tier 2
standards. and compatible, for reductions of NOx.
(3) For calendar years, beginning on and after January 1, 2010,
all engines shall meet MBACT or equipment
shall apply the most effective verified diesel emission control
strategy or meet Tier 3 standards.
(4) For calendar years, beginning on or after January 1, 2013,
all engines shall meet MBACT all equipment
shall apply the most effective verified diesel emission control
strategy that achieves, at a minimum, the emissions reductions
of Level 2 controls or, if promulgated, Tier 4 standards.
(b) Notwithstanding subdivision (a), all diesel-powered off-road
equipment within 1,000 feet of a sensitive receptor site shall either
be equipped with Level 3 control standards, or shall use ultra-low
sulfur diesel fuel and shall comply with the following applicable
emission standards:
(1) For calendar years ending on or before January 1, 2010,
the equipment shall meet the Tier 2 standards.
(2) For calendar years ending beginning
on and after January 1, 2010, and ending on or before
January 1, 2013, the equipment shall meet Tier 3 standards.
(3) For calendar years beginning on and after January 1, 2013, the
equipment shall meet Tier 4 standards, if promulgated.
39953.
(a) Every advertisement or notice for bids for a contract subject
to this chapter shall specify in the advertisement or notice for bids
that the contract will be subject to the Cleaner Construction
Program and shall reference this chapter.
(b) The department shall distribute, in conjunction with any
information package that is provided to a person that submits bids
for a contract that is subject to this chapter, information about
diesel emissions and existing state and federal incentive programs to
retrofit, repower, or replace older, more polluting diesel
equipment.
(c) No state agency or contractor shall be required to replace
MBACT the most effective verified diesel
emission control strategy for diesel-powered off-road equipment
in accordance with the provisions of subdivision (a) of Section
39952 within three years of installation of that technology.
(d) Any other local, state, or federal statute, regulation, or
rule that is more stringent than a provision of this chapter shall
supersede that provision.
(e) This Notwithstanding subdivision (b)
of Section 44281, this chapter shall not be interpreted or
applied in a manner that would affect the eligibility of any person
that is otherwise eligible for any program administered or offered
under the Carl Moyer Air Quality Standards Attainment Program.
39954.
Beginning January 1, 2008, and on each January 1 thereafter, the
department, in consultation with the board, shall prepare and submit
an annual report to the Legislature that describes the progress of
the program, the technologies used, and the emissions benefits gained
through the implementation of the program.
39954.
Beginning July 1, 2006, the department shall make available to the
public, posting online where feasible, all contracts covered by the
Cleaner Construction Program, including the information on each
awarded contractor's proposed approach for meeting Cleaner
Construction Program requirements.
SEC. 3. Article 7 (commencing with Section 10390) is added to
Chapter 2 of Part 2 of Division 2 of the Public Contract Code, to
read:
Article 7. The Cleaner Construction Program
10390.
The Department of General Services shall implement the Cleaner
Construction Program. The program requires all state agency and
department contracts, entered into on or after July 1, 2006, for the
construction of roads, highways, buildings, and other state
infrastructure projects, construction, remodel,
rehabilitation, or upgrade of public buildings, roads, highways,
bridges, or other infrastructure to comply with Chapter 8 of
Part 2 of Division 26 of the Health and Safety Code, in the use of
off-road equipment.