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RE 2002-12-10.3RESOLUTION NO. ~(b/) 2'.--/ZID,_.~ A RF~OLUTION OF THE CITY OF COPPELL, TEXAS, URGING THE 78TM TEXAS LEGISLATURE TO ADOPT INITIATIVES TO PRESERVE TEXAS AIR QUALITY, ENHANCE PUBLIC HEALTH AND PROMOTE ECONOMIC PROSPERITY. 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-nonattainment areas of Texas include thirty-eight counties, and all of the largest dries 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 chall~ 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 construction time shift that would have kept heavy-duty construction equipment from operating until 10:00 a.m. from May to October 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 altemative 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 full 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 COPPELL, TEXAS, THAT: SECTION 1. The 78a' Texas Legislature is hereby urged to adopt the following initiatives, in priority order, to preserve Texas air quality, enhance public health, and promote economic prosperity: 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; Maintain the integrity of the Texas Emissions Reduction Plan (TERP) 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 emissions 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 2 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/Fog Worth Air Quality Research Initiative to carry out air quality research in support of the mid-course 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. Affect a change in building codes relative to roofing standards in urban areas in order to improve the state's "urban heat islands." o Support an investigation of and, if merited, development of a pilot "pay as you save" program to encourage implementation of permanent energy efficiency improvements. o In light of existing emission reduction gaps and the advent of the new federal &hour and fine particulate standards, consider other measures as they are developed that have emission reduction potential. Some may include increased energy efficiency programs, fuel cell programs and clean fleet and engine improvements. DULY RESOLVK . ,A~lp. ADOPTED by the City Council of the City of Coppell, Texas on this the~ day of December, 2002. ATrEST: ~BY~BALE 3