R-2129-1-03RESOLUTION NO. 2129-1-03(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, URGING THE 78TH TEXAS LEGISLATURE TO ADOPT THE
FOLLOWING INITIATIVES, IN PRIORITY ORDER, TO PRESERVE TEXAS AIR
QUALITY, ENHANCE PUBLIC HEALTH, AND PROMOTE ECONOMIC
PROSPERITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, air quality impacts the public health as well as the economic health of our entire state; and
WHEREAS, federally designated nonattainment areas and near-nonattau ment areas of Texas include thirty-
eight counties, and all of the largest cities which represent 70% of the state's population; and,
WHEREAS, attaining compliance with the Federal Clean Air Act is essential for Texas to achieve long-term
growth and prosperity and to continue to provide a high quality of life for its citizens; and,
WHEREAS, air quality compliance continues to be among the most important and difficult challenges facing
Texas; and,
WHEREAS, given the integrated nature of the Texas economy, all parts of the state will benefit when air
quality compliance is achieved or will suffer if it is not; and,
WHEREAS, the Texas Legislature in 2001 enacted the Texas Emissions Reduction Plan (Senate Bill 5 —
' TERP) to provide incentives to induce the voluntary replacement or retrofitting of older and high polluting
diesel and gasoline engines with newer and cleaner ones; and,
WHEREAS, the Environmental Protection Agency (EPA) accepted this strategy to substitute for a contraction
time shift that would have kept heavy-duty construction equipment from operating until 10:00 a.m. from May to
October of each year and to also substitute for a requirement that owners of heavy-duty equipment would have
to completely modernize their fleet by 2007 with new engines being introduced in 2005 and 2007; and,
WHEREAS, for the Dallas/Fort Worth area, the TERP was to be given credit for reducing 16.3 tons per day of
ozone causing emissions; and,
WHEREAS, no alternative strategy(ies) has been identified which could feasibly or economically achieve this
same level of reductions; and,
WHEREAS, the major funding source of the TERP was successfully challenged in legal proceeding and
therefore resulted in this strategy not reaching its frill potential and thereby not creating the emissions reductions
intended; and,
WHEREAS, without the reductions, EPA has given notice that it will not approve the Dallas/Fort Worth
attainment demonstration SIP, will find that the previously approved Houston SIP has failed, and will eliminate
a future source of reductions in the near nonattainment areas; and,
WHEREAS, failure of these SIPS and the lack of potential reductions in the near nonattainment areas will
' trigger several sanctions in those affected areas that will negatively impact the entire Texas economy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
' SECTION 1: First and foremost, provide full funding for the next biennium for the Texas Emissions
Reduction Plan to make up for the shortfall in the anticipated funding from last session.
SECTION 2: Maintain the integrity of the Texas Emissions Reduction Plan (PERP) by ensuring that clean-up
legislation improves the effectiveness of the TERP programs by accepting the recommendations included in the
Texas Commission on Environmental Quality's TERP Report to the Legislature and authorize the following
provisions:
• Enable gasoline, propane, and natural gas engines to participate in the Emissions Reduction Incentive
Grant program
• Include a simplified rebate program for low cost emissioms control technologies in the TERP programs
• Enable stationary engines to participate in the Emissions Reduction Incentive Grant program
• Remove the funding floor in the Light Duty Purchase and Lease Incentive program
• Establish one primary and four satellite regional emission testing centers for heavy-duty vehicles and
machines
SECTION 3: Support state funding for research and air planning activities:
' • Approve the Texas Commission on Environmental Quality's Legislative Appropriations Request for the
2003-2004 biennium, for 1) ozone modeling research in the state's nonattainment areas; and 2) air
quality planning activities in the state's near nonattainment areas, including those activities necessary to
support voluntary SIP submittals, ozone flex programs and early action compacts.
• Approve legislative appropriations to the Houston-Galveston-Brazoria and Dallas/Fort Worth Air
Quality Research Initiative to carry out air quality research in support of the midcourse review with
regard to these regions' SIPS and to support the development of early attainment plans in these regions
for the new ozone and particulate standards.
SECTION 4: Affect a change in building codes relative to roofing standards in urban areas in order to
improve the state's "urban heat islands."
SECTION 5: Support an investigation of and, if merited, development of a pilot "pay as you save" program
to encourage implementation of permanent energy efficiency improvements.
SECTION 6: In light of existing emission reduction gaps and the advent of the new Federal 8 -hour and fine
particulate standards, consider other measures as they me developed that have emission reduction potential.
Some may include increased energy efficiency programs, fuel cell programs and clean fleet and engine
improvements.
SECTION 7: The City Secretary shall forward a certified copy of this Resolution to Ron Harris, Chair of the
North Texas Clean An Steering Committee, Mike Eastland, Executive Director of the North Central Texas
Council of Governments, and all representative state legislators.
SECTION S: This Resolution shall become effective from and atter its passage.
Resolution No. 2129-1-03(R), Page 2
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ILI
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 14Ta DAY OF JANUARY, 2003.
APPROVED:
1. —QQ
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Georg CTING CITY SYCRETARY
Resolution No. 2129-12129-1-03(1), Page 2