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2004-04 RESOLUTION NO. 2004 -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE EXPRESSING THE CITY COUNCIL'S SUPPORT FOR SENATE BILL 1397 (ESCUTIA), WHICH WOULD ENACT THE LOCOMOTIVE EMISSIONS REDUCTION AND MITIGATION PROGRAM WHEREAS, the South Coast Air Basin is one of two "extreme nonattainment" air basins 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 PM10 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 PM2.5 standards that will require even greater emission reductions in the South Coast Air Basin; and WHEREAS, air pollution emissions from locomotives in the South Coast Air Basin contribute significantly to exceedances of federal and state ozone and PM10 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 be controlled or otherwise mitigated; and WHEREAS, the federal Environmental Protection Agency has authority to E dopt regulations limiting emissions from locomotives, but state and local regulatory authori-y to control emission from locomotives is restricted by federal law. In order to attain state and federal ambient air quality standards, it is necessary that emissions from locomotives be controlled or mitigated by the federal government or, if necessary, by state or local governments using authorities available to them; and 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 which, like locomotives, are powered by diesel engines. The percentage of emission reductions that will be achieved by significant sources subject to Resolution 2004 - 04 Page 2 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 1998 MOU; and WHEREAS, the 2003 South Coast District Plan proposes a significant amount of emissions reductions through means that are yet to be specifically determined; 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; 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. NOW, THEREFORE, BE IT RESOLVED THAT: THE CITY COUNCIL HEREBY DECLARE AND RESOLVE THAT SENATE BILL 1937 1. is necessary to protect the health and welfare of our residents from cancer causing toxic air pollutants, especially children and seniors; 2. is essential to reduce diesel emissions from locomotives in Southern California to meet the deadline for clean air established by the federal government; 3. is 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 locomotives; 4. ensures funding for mitigation measures to reduce emissions from trains, associated sources and for programs to address accompanying health effects from diesel emissions. FURTHER RESOLVED, THE CITY COUNCIL HEREBY URGES CALIFORNIA LEGISLATORS TO ENACT SB 1397 AS PROPOSED AND URGES THE GOVERNOR TO SIGN IT INTO STATE LAW WITHOUT DELAY. PASSED,APPROVED AND ADOPTED this 271h day of May, 2004. ATTEST: -qy-r-C. City Clerk of the City ofArand Terrace Mayor Ythe Ci of Grand Terrace and of the City Council thereof. and of the City Council thereof. Resolution 2004 - 04 Page 3 I, Brenda Stanfill, City Clerk of the City of Grand Terrace, do hereby certify that though foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 27"'day of May, 2004 by the following:vote: AYES: COUNCILM MERS GARCIA AND LARKIN; MAYOR PRO TEM FERRE AND MAYOR HILKEY NOES: NONE ABSENT: COUNCILMMER CORTES ABSTAIN: NONE Brenda Stanfll City Clerk APPROVED AS TO FORM:: �,Im 4AoA-�. John Harper I / City Attorney V