CC Resolution 2005-042
RESOLUTION NO. 2005-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA GUINTA SUPPORTING ASSEMBLY BILL 1222
(JONES); ASSEMBLY BILL 888 (DE LA TORRE); AND
SENATE BILL 459 (ROMERO) WHICH WOULD ENACT
LOCOMOTIVE AND RAIL YARD EMISSIONS REDUCTION
AND MITIGATION PROGRAMS; A REMOTE SENSING
PROGRAM; AND CALL UPON U.S. EPA TO FURTHER
LIMIT LOCOMOTIVE EMISSIONS
WHEREAS, the South Coast Air Basin is one of two "extreme
non-attainment" air basins for ozone in the United States and to achieve attainment
of federal and State public health standards requires extraordinary effort by federal,
State and local regulatory authorities working in concert; and
WHEREAS, federal and State health-based ambient air quality
standards for ozone and PM 10 are exceeded regularly and by a wide margin in the
South Coast Air Basin; and
WHEREAS, the federal Environmental Protection Agency has recently
adopted more stringent 8-hour ozone and PM 2.5 standards that will require even
greater emission reductions in the South Coast Air Basin; and
WHEREAS, emissions from locomotives and rail yard equipment in the
South Coast Air Basin contribute significantly to excesses of federal and State
ozone and PM 10 standards, as well as to emissions of diesel exhaust, a toxic air
contaminant; and
WHEREAS, in order to attain State and federal standards for ozone
and PM2.5, it is necessary that emissions from locomotives and rail yard equipment
be controlled or otherwise mitigated; and
WHEREAS, the federal Environmental Protection Agency has authority
to adopt regulations limiting emissions from locomotives and rail yard equipment,
but State and local regulatory authorities are restricted by federal law. In order to
attain State and federal ambient air quality standards, it is necessary that emissions
from locomotives and rail yard equipment be 'controlled or mitigated by the federal
government or, if necessary, by State or local governments using authorities
available to them; and
Resolution No. 2005-042
Support of AB 1222, AB 888, and SB 459
Adopted: May 17, 2005
Page 2
WHEREAS, in 1998, the California Air Resources Board entered into a.
Memorandum of Understanding with the Burlington Northern and Santa Fe Railroad
Company, and the Union Pacific Railroad Company, under which the railroads
agreed to utilize locomotives in the South Coast Air Basin that would meet certain
emissions limitations; and
WHEREAS, in 2003, the South Coast Air Quality Management District
adopted the most recent revision to its Air Quality Management Plan. The 2003
Plan includes stringent emissions standards for factories, power plants, on-road and
off-road mobile sources and other sources that are within the regulatory jurisdiction
of the South Coast District and the California Air Resources Board - including
sources powered by diesel engines similar to locomotives and rail yard equipment.
The percentage of emission reductions that will be achieved by significant sources
subject to State and local authority is substantially greater than the percentage of
emissions reductions that will be achieved by locomotives under existing federal
regulations and the 1 998 MOU; and
WHEREAS, the 2003 South Coast District Plan proposes a significant
amount of emission.s reductions through means that are yet to be specifically
determined . To the extent that emissions from locomotives and rail yard
equipment are not controlled, additional emissions reductions from sources subject
to State and local regulatory jurisdiction, which have already been stringently
regulated, will be required; and
WHEREAS, one means of mitigating emissions from locomotives is by
funding programs to reduce equivalent emissions from other sources that
contribute to ozone, PM10, PM2.5, or toxic air pollution. For example, the lack of
grade separations between rail lines and surface streets in the South Coast Air
Basin contributes to emissions from idling vehicles and is an indirect emissions
impact of increasing rail traffic in the Alameda Corridor and Alameda Corridor-East.
Funds obtained through a locomotive emissions mitigation program could be utilized
to establish additional grade separations, as well as other control strategies; and
WHEREAS, unless and until the federal Environmental Protection
Agency adopts regulations requiring locomotives in the South Coast Air Basin to
achieve all feasible emission reductions as necessary to achieve federal clean air
standards, the South Coast Air Quality Management District should be authorized
to adopt a locomotive mitigation fee for locomotive emissions that is proportionate
to the health and environmental harms resulting from those emissions, provided
Resolution No. 2005-042
Support of AB 1222, AB 888, and SB 459
Adopted: May 17, 2005
Page 3
such mitigation fee does not result in a shift or increase in emissions to other parts
of the Basin; and
WHEREAS, it is therefore necessary that legislation authorize the
South Coast Air Quality Management District to implement a locomotive emission
reduction and mitigation program; and a retrofit requirement for rail yard
equipment; and
WHEREAS, it is therefore necessary that legislation authorize the
California Air Resources Board to implement a State-wide remote sensing program
to detect high polluting locomotives operating in the State;
NOW, THEREFORE, THE CITY OF LA QUINT A, CALIFORNIA, does
hereby declare and resolve that Assembly Bills: 1222 & 888; & Senate Bill 459;
1 . Are necessary to protect the health and welfare of our residents from cancer
causing toxic air pollutants, especially children and seniors;
2. Are essential to reduce diesel emissions from locomotives in Southern
California to meet deadlines between 2010 and 2021 for clean air
established by federal government;
3. Are critical in ensuring the burden for emission reductions in the region is not
unfairly placed on local businesses, and that significant future reductions are
achieved from currently under-regulated locomotives and rail yard equipment;
4. Ensure funding to mitigate locomotive air pollution ' by creating additional
grade separations between rail lines and local surface streets to reduce
emissions from idling trains, and for programs to address accompanying
health effects from diesel emissions;
5. Ensure that emissions from rail yard equipment impacting local communities
will be controlled; and
6. Ensure that high polluting locomotives in the state will be identified and that
appropriate repairs will be requested.
BE IT FURTHER RESOLVED, that the City Council of the City of
La Quinta, California hereby urges:
Resolution No. 2005-042
Support of AB 1222, AB 888, and SB 459
Adopted: May 17, 2005
Page 4
1 . Its members to use the strength of their lobbying organizations to counteract
State partisan politics and impress upon our legislators' the importance of
these Bills and their positive health impacts to our communities;
2. California legislators to enact AB 1 222, AB 888, and SB 459 as proposed
and urge the governor to sign them into State law without delay.
PASSED, APPROVED and ADOPTED at a regular meeting of the
La Quinta City Council, held on this 17th day of May, 2005, by the following vote
to wit:
AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph
NOES: Council Member Perkins
ABSENT: None
ABSTAIN: None
ATTEST:
~ A'Qn~
. S.GREEK, CMC, - ¡ty Clerk
City of La Quinta, California
(CITY SEAL)
I~~ ;or- ---, -~- ~-- -
Resolution No. 2005-042
Support of AB 1222, .AB 888, and SB 459
Adopted: May 17, 2005
Page 5
APPROVED AS TO FORM: