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2015-3055: \Legal \Our Documents \Ordinances \15 \Clean Fleet Policy Ordinance.docx ORDINANCE,NO. 2015 -305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE CITY'S ADOPTION OF THE CLEAN FLEET VEHICLE MODEL ORDINANCE PROPOSED BY THE REGIONAL TRANSPORTATION COUNCIL WHICH IS THE REGIONAL TRANSPORTATION POLICY BODY ASSOCIATED WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments ( "NCTCOG ") has been designated as the The Metropolitan Planning Organization for the Dallas -Fort Worth ( "DFW") Metropolitan Area by the Governor of Texas and in accordance with federal law; and WHEREAS, the Regional Transportation Council ( "RTC "), comprised primarily of local elected officials, is the regional transportation policy body associated with NCTCOG and has been and continues to be the regional forum for cooperative decisions on transportation; and WHEREAS, NCTCOG has been designated as a Clean Cities Coalition for the DFW region by the US Department of Energy in accordance with federal law and the NCTCOG Executive Board authorized NCTCOG to serve as the host organization for the DFW Clean Cities ( "DFWCC ") Coalition and its efforts; and WHEREAS, the U.S. Environmental Protection Agency ( "EPA ") has designated the DFW area as a nonattainment area for the pollutant ozone, and air quality impacts the public health of the entire region; and WHEREAS, emissions inventories from the Texas Commission on Environmental Quality ( "TCEQ ") indicate that in 2012, approximately 76 percent of the nitrogen oxides (NOx) emissions and 25 percent of the volatile organic compounds ( "VOC ") emissions in the DFW ozone nonattainment area are attributable to mobile sources; and WHEREAS, the RTC is responsible for transportation conformity; and the Clean Air Act Amendments of 1990 require that transportation plans and improvement programs in air quality nonattainment areas conform to the adopted State Implementation Plan ( "SIP "); and WHEREAS, the RTC has adopted a resolution supporting the adoption and implementation of a Clean Fleet Policy by organizations with fleet operations in the DFW area; and reserves all future vehicle funding for entities that adopt and comply with a policy consistent with the provisions outlined below; and WHEREAS, the City of Denton will set goals and provide workable, cost - effective solutions to improve air quality and reduce petroleum consumption in the DFW area, and implement those measures as practicable. NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City of Denton will reduce emissions from fleet activities by performing the following actions as practicable: 1.1 Implement an idle- reduction policy /standard operating procedure ( "SOP ") that applies to all of the City's vehicles and equipment, except where exempted as determined by the City; communicate idle- reduction expectations to staff, vendors and visitors; and utilize idle- reduction technology. 1.2 Maximize use of vehicles and equipment with the lowest emissions wherever possible. 1.3 Ensure all conversions are EPA and /or California Air Resources Board ( "CARB ") certified; ensure that aftermarket technologies are EPA and /or CARB verified, or are listed as an emerging technology by the EPA or a state environmental agency; and both conversions and aftermarket technologies are compatible with Texas Low Emission Diesel Program ( "TxLED ") requirements. 1.4 Establish a plan to modify non - essential fleet activities on high ozone days to reduce air quality impacts. 1.5 Implement vehicle and equipment disposal strategies which minimize negative impacts on air quality. 1.6 Implement vehicle and equipment emissions inspection practices which meet or surpass the standards required by statute, including prompt resolution of any illuminated malfunction indicator lamp ( "MIL "). SECTION 2. The City of Denton will reduce overall fuel consumption, particularly the use of conventional petroleum fuels, by performing the following actions as practicable: 2.1 Pursue low- emission vehicles and equipment for acquisition, with an emphasis on alternative fuel, advanced technology, and /or Smartway certified vehicles and equipment. 2.2 Improve overall fleet fuel efficiency. 2.3 Establish practices to reduce vehicle miles traveled, passenger miles traveled, engine hours and /or ton miles traveled, as appropriate. SECTION 3. The City of Denton will partner with NCTCOG and DFWCC by performing the following actions as practicable: 3.1 Maintain membership and active participation in DFWCC and submit timely Clean Fleet Policy reporting. 3.2 Evaluate and consider participation in programs to test/commercialize /demonstrate new technologies to improve efficiency, reduce emissions, and /or increase fuel efficiency. 3.3 Pursue activities which support peer fleets' efforts to implement fuel or emissions - reducing activities by sharing and maximizing resources. 3.4 Encourage fleet activities which minimize water, solid waste or other environmental impacts of fleet activities, as appropriate. SECTION 4. The City of Denton will ensure drivers /operators and fleet personnel are familiar with air quality and petroleum reduction goals by performing the following actions as practicable: 4.1 Provide in -house training and /or attend training administered by NCTCOG for fleet personnel and other staff involved in fleet decisions to review policy elements and provide recommendations for achieving objectives. 4.2 Consider other mechanisms to increase understanding and awareness among fleet personnel and others. SECTION 5. The City acknowledges that adoption of the Clean Fleet Policy, adoption of an idle reduction policy /SOP as outlined in Section 1. 1, submittal of both policies, and submittal of Clean Fleet Policy reporting is required to be eligible for future clean fleet funding from the RTC, and may be considered when determining other funding actions. The extent of Clean Fleet Policy implementation, as documented through reporting, will also be a factor in receiving DFWCC fleet recognition. SECTION 6. This policy shall be in effect immediately upon its adoption and replaces the prior Clean Fleet Vehicle Policy (Ordinance No. 2006 -013) SECTION 7. This ordinance shall become effective immediately upon its passage and approval. ",&L, , 2015. PASSED AND APPROVED this the day of m - ..... "l 1:1 I 1 "S °' MAY(1 . ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �.