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Cook County Green Construction Ordinance

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Activity Log
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Date Introduced: 4/15/2009
Date Passed:

Sponsors:
Maldonado, Murphy, Stroger-Todd
Co-Sponsors:
Daley, Moreno, Silvestri, Suffredin

Summary:

Requires all Cook County contractors working on public construction contracts, budgeted at $2 million or more, to use cleaner diesel fuel and pollution controls on their vehicles and equipment.


Activity Log:

4/15/2009
Referred to the Committee on Construction.

Full Text of Legislation:

PROPOSED ORDINANCE

 

COOK COUNTY GREEN CONSTRUCTION ORDINANCE 

 

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 30 Environment, Article IX Green Construction, Sections 30-950 through 30-955 of the Cook County Code is hereby enacted as follows:

 

ARTICLE IX.  GREEN CONSTRUCTION

 

Sec. 30-950.    Board of Commissioners findings.

 

(a)        Diesel exhaust particle pollution poses a clear and present health risk to the people of Cook County. The United States Environmental Protection Agency has classified diesel exhaust as a likely human carcinogen, and has identified diesel particulate matter and diesel exhaust organic gases as toxic air pollutants.  Diesel exhaust is also a prime contributor to airborne fine particle pollution that is linked to premature death and other serious cardiovascular and pulmonary problems such as heart attacks, abnormal heart rhythms, atherosclerosis, stroke, asthma attacks, permanent respiratory damage and retardation of lung growth in children.

 

 

(b)        Cook County is a US EPA designated non-attainment area for fine particulate matter pollution. 

 

(c)        The health impacts from diesel emissions particularly affect children, the elderly, and people with weakened immune systems.

 

(d)        Particularly high concentrations of diesel emissions often occur in heavily traveled transportation corridors, intermodal yards, bus depots, and construction sites; these diesel “hot spots” often are found in densely populated, urban areas, disproportionately impacting ethnic minorities and people of lower economic status.

 

(e)        Diesel engine crankcases also are a source of emissions that can seep into the cabin and expose vehicle drivers and passengers to harmful diesel emissions.

 

(f)        Diesel exhaust also contains black carbon emissions, which contribute to global climate change.

 

(g)        Reduction of diesel emissions can help address these human health and environmental problems.

 

(h)        The United States Environmental Protection Agency has enacted requirements over the past few years requiring the substantial reduction of emissions from new diesel engines in both heavy-duty highway vehicles and land-based non-road equipment.  However, these regulations do not apply to any of the over 11 million existing diesel engines in the United States, most of which emit substantially more pollution and often remain in service for 10 to 30 years, depending on the type of engine and equipment.

 

(i)         Practical, cost-effective measures to substantially reduce diesel particulate emissions are available today, and can be applied to many existing diesel engines.  The same technology that limits diesel pollution from new diesel engines can be retrofitted onto existing engines or applied in new replacement engines to reduce diesel emissions by 85% or better.

 

(j)         Therefore, the purpose of this ordinance is to minimize the public health risks from exposure to diesel particulate emissions as expeditiously as practicable.

 

Sec. 30-951.    Definitions.

 

CARB means the California Air Resources Board.

 

Contractor means any person that enters into a public works contract with a public agency, or any person that enters into an agreement with such person or entity (including subcontractors and their subcontractors and suppliers), to perform work or provide labor or services related to such public works contract.

 

County as used in this chapter (with the exception of the use of the words to describe or identify the Government or Board of Commissioners thereof), means all of the territory in the County exclusive of the City of Chicago.

 

Department means the Cook County Department of Environmental Control.

 

 

Fleet means one or more diesel vehicles or mobile or stationary diesel engines owned or operated by the same person or group of related persons.

 

Heavy duty diesel vehicle means a motor vehicle with a gross vehicle weight rating of at least 8,500 pounds that is powered by a diesel engine.  

 

Level 1 Control means a Verified Diesel Emission Control Device that achieves a particulate matter (PM) emission reduction of 25% or more from uncontrolled engine emission levels.

 

Level 2 Control means a Verified Diesel Emission Control Device that achieves a particulate matter (PM) emission reduction of 50% or more from uncontrolled engine emission levels. 

 

Level 3 Control means a Verified Diesel Emission Control Device that achieves a particulate matter (PM) emission reduction of 85% or more from uncontrolled engine emission levels, or that reduces emissions to less than or equal to 0.01 grams of PM per brake horsepower-hour. Level 3 Control includes repowering or replacing the existing diesel engine with an engine meeting USEPA’s 2007 Heavy-duty Highway Diesel Standards (66 Fed. Reg. 5002), or in the case of a nonroad engine, an engine meeting the USEPA’s Tier 4 Nonroad Diesel Standards (69 Fed. Reg. 38958); Level 3 Control also includes new diesel engines meeting said emissions standards.

 

Motor vehicle means any self-propelled vehicle designed for transporting persons or property on a street or highway, including an on-road diesel vehicle.

 

Nonroad engine means an internal combustion engine (including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition, or that is not a stationary source, except that this term shall apply to internal combustion engines used to power generators, compressors or similar equipment used in any construction program or project.

 

Nonroad vehicle means a vehicle or equipment that is powered by a nonroad engine, fifty horsepower and greater, and that is not a motor vehicle or a vehicle used solely for competition, which shall include, but not be limited to, excavators, backhoes, cranes, compressors, generators, bulldozers and similar equipment; nonroad vehicles do not include locomotives or marine vessels. 

 

Public works contract means a contract, budgeted at $2,000,000 or more, with a County agency for a construction program or project involving the construction, demolition, restoration, rehabilitation, repair, renovation, or abatement of any building, structure, tunnel, excavation, roadway, park or bridge; a contract with a County agency for the preparation for any construction program or project involving the construction, demolition, restoration, rehabilitation, repair, renovation, or abatement of any building, structure, tunnel, excavation, roadway, park or bridge; or a contract with a County agency for any final work involved in the completion of any construction program or project involving the construction, demolition, restoration, rehabilitation, repair, renovation, or abatement of any building, structure, tunnel, excavation, roadway, park or bridge.

 

Stationary generators means a non-mobile machine that uses diesel fuel to produce electrical energy. 

 

Ultra low sulfur diesel fuel means diesel fuel that has a sulfur content of no more than fifteen parts per million.

 

US EPA means the United States Environmental Protection Agency.

 

Verified diesel emission control device means:

 

(a)        an emission control device or strategy that has been verified to achieve a specified diesel PM reduction by USEPA or CARB; or

 

(b)        replacement or repowering with an engine that is certified to specific PM emissions performance by USEPA or CARB.

 

Sec. 30-952.    Emission reduction.

 

(a)        Immediately after the effective date of this ordinance, any solicitation for a public works contract and any contract entered into as a result of such solicitation shall include a specification that all contractors in the performance of such contract shall use Ultra Low Sulfur Diesel fuel for diesel motor vehicles, non-road vehicles, and stationary generators used in the performance of the contract. 

 

(b)        Within two years after the effective date of this ordinance, any solicitation for a public works contract and any contract entered into as a result of such solicitation shall include a specification that all contractors in the performance of such contract shall not operate any heavy-duty diesel vehicle in the performance of a public works contract unless that vehicle has installed Level 3 Controls and unless such controls are properly maintained and operating (as provided by regulations promulgated pursuant to this Ordinance).  Except that, upon provision by the contractor to the agency of appropriate and sufficient documentary evidence:

 

(1)        Subsection (b) shall not apply to any heavy-duty diesel vehicle on the construction site working three days or less over the life of the project. 

 

(2)        Subsection (b) shall not apply to any heavy-duty diesel vehicle with respect to which the Department makes a written finding that such vehicle cannot be retrofit with Level 3 Controls, in which case such fleet owner or operator shall install Level 2 Controls that are available and appropriate for such vehicle as determined by the Department.  If the Department makes a written finding that any such vehicle cannot be retrofit with Level 2 controls, said vehicle shall be retrofit with Level 1 Controls that are available and appropriate for such vehicle as determined by the Department.

 

(3)        Any heavy-duty diesel vehicle that has operational Level 2 Controls installed prior to the effective date of this act shall have an additional one year to meet the requirements of Subsection (b).

 

(4)        Any contractor that owns or operates a fleet or fleets consisting in the aggregate of five or fewer heavy-duty diesel vehicles shall have an additional two years to comply with the requirements of Subsection (b).

 

(c)        Within two years after the effective date of this ordinance, any solicitation for a public works contract and any contract entered into as a result of such solicitation shall include a specification that all contractors in the performance of such contract shall not operate any diesel non-road vehicle in the performance of a public works contract unless that vehicle has installed Level 2 Controls and unless such controls are properly maintained and operating (as provided by regulations promulgated pursuant to this Ordinance).  Except that, upon provision by the contractor to the agency of appropriate and sufficient documentary evidence:

 

(1)        Subsection (c) shall not apply to any diesel non-road vehicle on the construction site working three days or less over the life of the project.

 

(2)        Subsection (c) shall not apply to any diesel non-road vehicle with respect to which the Department makes a written finding that such vehicle cannot be retrofit with Level 2 Controls, in which case such fleet owner or operator shall install Level 1 Controls that are available and appropriate for such vehicle as determined by the Department. 

 

(3)        Any diesel non-road vehicle that has operational Level 1 Controls installed prior to the effective date of this act shall have an additional one year to meet the requirements of Subsection (c).

 

(4)        Any contractor that owns or operates a fleet or fleets consisting in the aggregate of five or fewer diesel non-road vehicles shall have an additional two years to comply with the requirements of Subsection (c).

 

(d)        Beginning January 1, 2014, any solicitation for a public works contract and any contract entered into as a result of such solicitation shall include a specification that all contractors in the performance of such contract shall not operate any diesel non-road vehicle in the performance of a public works contract unless that vehicle has installed Level 3 Controls and unless such controls are properly maintained and operating (as provided by regulations promulgated pursuant to this act).  Except that, upon provision by the contractor to the agency of appropriate and sufficient documentary evidence:

 

(1)        Subsection (d) shall not apply to any diesel non-road vehicle on the construction site working three days or less over the life of the project.  

 

(2)        Any contractor that owns or operates a fleet or fleets consisting in the aggregate of five or fewer diesel non-road vehicles shall have an additional two years to comply with the requirements of Subsection (d).

 

Sec. 30-953.    Costs.

 

All costs associated with meeting these requirements are incidental to the overall contract. No additional time or monies will be granted to the contractor for compliance with these requirements and any associated regulations 

 

Sec. 30-954.    Compliance.

 

(a)        Thirty days before beginning work, the contractor shall submit to the Department for approval a list of all heavy-duty diesel vehicles, non-road vehicles, and stationary generators to be used on the project. The list shall include the following:

 

(1)        Contractor and subcontractor name and address, plus contact person responsible for the vehicles or equipment.

 

(2)        Equipment type, manufacturer, engine model year, engine certification (Tier rating), ECM calibration, horsepower, plate, serial number, and expected fuel usage and/or hours of operation.

 

(3)        For the pollution control technology installed: technology type, serial number, make, model, manufacturer, EPA/CARB verification number/level, and installation date.

 

(b)        If the contractor subsequently needs to bring on site equipment not on the list, the contractor shall submit the request in writing for prior approval. Additional equipment shall comply with all contract conditions.

 

(c)        During periods of inactivity, idling of diesel on-road motor vehicles and non-road vehicles shall be minimized and shall not exceed the time allowed under state and local laws.

 

(d)        Any public works contract shall provide for enforcement of the contract provisions required by Sections 30-952 and 30-955 and penalties for noncompliance of such provisions. 

 

Sec. 30-955.    Enforcement.

 

(a)        Any solicitation for a public works contract subject to the provisions of this section and any contract entered into as a result of such solicitation shall include provisions authorizing independent monitoring and inspection of the Contractor’s compliance with the requirements of this section and requiring that the Contractor comply with this section.  The Contractor shall be liable for a fee of $200 for the review of Contractor’s compliance with the provisions of this section, and the County may withhold and deduct the fee from monies otherwise due the Contractor.

 

(b)        All vehicles and equipment to which these requirements are applicable will be subject to random inspections to ensure full compliance with these requirements. If any equipment is found to be non-compliant, the Contractor, Subcontractor or Supplier must remove or retrofit this equipment or vehicle within 24 hours or be subject to liquidated damages pursuant to subdivision (c) of this section until that piece of equipment or vehicle is removed from Project.

 

(c)        In the event of a violation of any provision of this section, except as provided in subdivision (d) of this section, liquidated damages shall be assessed against the Contractor in the amount of $5,000 for each violation (with each piece of noncomplying equipment and each day of noncompliance being a separate violation, not to exceed a total of $50,000 for any one piece of equipment).  Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the County will sustain from delay in completion of the work, as well as resultant damages to public health of its citizens, which damages by their nature are not capable of precise proof.  The County may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the County.

 

(d)        No contractor shall make a false statement or claim with respect to any matter material to compliance with the provisions of this section to the County.  Any Contractor making such a false statement shall pay the County $10,000 for each such statement as liquidated damages pursuant to the provisions of subdivision (c) of this section.

 

(e)        Fees and liquidated damages paid to the County under this section shall be placed in the Cook County Environmental Management Fund. 

 

Sec. 30-956.    Regulations. 

 

Within six months of the effective date of this Ordinance, the Department shall, after written notice and public hearing, promulgate regulations implementing the provisions of this act.   

 

Effective date:  This Ordinance shall take effect upon adoption.


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