REPORT OF THE COMMITTEE ON CONSTRUCTION
Public
Hearing
The Honorable,
The Board of Commissioners of
ATTENDANCE
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Present: |
Chairman Murphy, Vice Chairman Butler, Commissioners
Beavers, |
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Absent: |
Commissioners Gorman, Sims and Steele (3) |
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Also
Present: |
Commissioners Daley, Gainer, Goslin, Maldonado and
Suffredin. |
Court Reporter: Anthony
W. Lisanti, C.S.R.
Ladies and
Gentlemen:
Your Committee
on Construction of the Board of Commissioners of Cook County met pursuant to
notice for a public hearing on
The Secretary to the Board informed Chairman Murphy that a
quorum was not present at this time but that testimony could be taken.
Chairman Murphy recognized Commissioner Maldonado to speak
in regards to the Cook County Green Construction Ordinance which he is a
sponsor of and also noted that Commissioner Maldonado would be introducing a
substitute ordinance.
Commissioner Maldonado stated that for the record the
substitute ordinance had been distributed to the members of the Construction
Committee.
Commissioner Maldonado addressed the Committee regarding the
Cook County Green Ordinance. (See Attachment #1.)
Commissioner Maldonado stated that Commissioner Silvestri
would like to be added as a sponsor to the proposed ordinance.
The Secretary informed Chairman Murphy that Commissioners
Butler and
Chairman Murphy asked the
Secretary to the Board to call upon the registered public speakers, in
accordance with Cook County Code, Sec. 2-108(dd):
1)
2) Brian Urbaszewski, Director, Cook County Department of
Environmental Control
3) Kevin Givens, Director,
Cook County Department of Environmental Control
4. Emily Stuart, Organizer, Citizen Action/Illinois
5. George Blakemore, Concerned
Citizen
6. Mary Kay Minaghan, Women Construction Owners & Executives and
ASA Chicago
7. David DeYoung,
Government Affairs Director,
Association
Your Committee
has considered the following item and upon adoption of this report, the
recommendation is as follows:
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299984 |
submitted is the proposed Cook County Green
Construction Ordinance that would require all Diesel pollution is known to cause lung cancer, asthma
attacks, heart attacks, strokes, and premature death. Our efforts to help clean up diesel
pollution will improve the County’s air quality, protect the health of the
residents of The Green Construction Ordinance will have a modest impact
on construction costs. For most green
construction projects, the total costs of using cleaner fuels and pollution
controls has cost less than 1% of the total project cost. Air pollution continues to be a serious
problem in Submitting a Proposed Ordinance sponsored by: TODD H. STROGER, President, ROBERTO MALDONADO, JOAN
PATRICIA MURPHY and PETER N. SILVESTRI, Co-Sponsored by: JOHN P. DALEY, JOSEPH MARIO The following is a synopsis of the Proposed Ordinance: PROPOSED 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. Sec. 30-951. Definitions. Sec. 30-952. Emission
reduction. Sec. 30-953. Costs. Sec. 30-954. Compliance. Sec. 30-955. Enforcement. Sec. 30-956. Regulations. Effective date: This Ordinance shall take effect upon adoption. *Referred to the
Construction Committee on |
Commissioner
Silvestri, seconded by Commissioner Moreno moved to accept the Proposed
Substitute Ordinance (Comm. No. 299984).
Commissioner
Silvestri, seconded by Commissioner Moreno moved to adopt the Proposed
Substitute Ordinance (Comm. No. 200984).
The motion carried.
COMMUNICATION NO. 299984
PROPOSED SUBSTITUTE ORDINANCE
Sponsored by
THE HONORABLE TODD H. STROGER, PRESIDENT, AND
THE HONORABLE ROBERTO
MALDONADO, JOAN PATRICIA MURPHY
AND PETER N.
SILVESTRI, COOK
Co-Sponsored by
THE HONORABLE JOHN P.
DALEY, ELIZABETH GORMAN, JOSEPH MARIO
COOK
BE IT ORDAINED, by the Cook County Board of
Commissioners that Chapter 30 Environment, Article IX Green Construction, Sec.
30-950 through Sec. 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
(b)
(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.
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
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.
Prime Contractor means any person or business entity that enters into a public works
contract with
Public
works contract means a contract, budgeted at $2,000,000 or more, with a County agency for a
construction program or project bid by Cook County 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.
Subcontractor means any person or business entity
that enters into a contract with a Prime Contractor as defined herein to
perform work on a public works contract with
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)
Beginning January 1, 2014, for Prime Contractors, and beginning January 1, 2016
for Subcontractors, any solicitation for a public works contract and any
contract entered into as a result of such solicitation shall include a
specification that a Prime Contractor and all Subcontractors 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 act). Except that,
upon provision by the Prime Contractor or Subcontractors 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).
(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 act). 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).
(d) Beginning January 1, 2014, for
Prime Contractors, and beginning January 1, 2016 for Subcontractors, any
solicitation for a public works contract and any contract entered into as a
result of such solicitation shall include a specification that a Prime
Contractor and all Subcontractors 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 Prime
Contractor or Subcontractors 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) Subsection (d)
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 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.
(3) Any diesel
non-road 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 (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 Prime Contractor
for compliance with these requirements and any associated regulations
Sec. 30-954. Compliance.
(a) Thirty
days before beginning work, the Prime 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) Prime 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 Prime
Contractor subsequently needs to bring on site equipment not on the list, the
Prime 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
Section 3 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 Prime Contractor and
Subcontractor’s compliance with the requirements of this section and requiring
that the Prime Contractor and Subcontractor comply with this section. The Prime Contractor shall be liable for a
fee of $200 for the review of Prime Contractor and Subcontractor’s compliance
with the provisions of this section, and the County may withhold and deduct the
fee from monies otherwise due the Prime 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 Prime 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 Prime 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 Prime Contractor the amount of liquidated
damages due the County.
(d) No Prime Contractor or Subcontractor
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 Prime Contractor or Subcontractor making
such a false statement shall pay the County up to $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 act, 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.
Commissioner Silvestri
moved to adjourn the meeting, seconded by Commissioner Moreno. The motion carried and the meeting was
adjourned.
YOUR COMMITTEE RECOMMENDS
THE FOLLOWING ACTION
WITH REGARD TO THE
MATTER NAMED HEREIN:
Communication Number 299984 Substitute Ordinance Approved
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Respectfully
submitted, Committee
on Construction xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Joan
Patricia Murphy, Chairman |
Attest:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Matthew B. DeLeon, Secretary
The transcript for this meeting is
available in the Office of the Secretary to the Board,