Year, i introduced to champion pieces of legislation this strengths the Cities Construction and Development Impact on residents air quality in the city the first thing was unanimously passed when i the board required combrasz combalsz ventilation inside the hot spot zone this requires an emissions minimumtion plan and Monitoring Program for all public projects in the hot spot condone requiring the equipment to minimize the emotion some studies have shown an association with particularly matter and Significant Health problems that combludz u includes the chronic brooklyn kits and reduced function and heartache and premature dedicate in people with premature Health Conditions the south Eastern District suffers if air pollution thats why we have the asthma and the city of San Francisco could a reduce the emissions by utilizing the offroad disease sale an road or whatever position using alternative source of power its important to note that clean construction mitigation has been a requirement at ceqa and states projecting in the hot zone will be using cleaner requirements by the standard of our City Projects were streamlining the process for public projects previously we would do a separate air quality analysis to tell us what we already know and impose the mitigation measures adding time and measures for the mitigating process now im going to bring up staff from the Planning Department i think we have w5id and department of Public Health karen to briefly go over thank you go over with us a little bit about the legislation so its at staff short presentation. Thank you. Im karen on behalf of the Health Department to offer our support and reiterate the things that supervisor just told you all i know ive shown this committee if f this graphic before and the purpose of this graphic from e ta to really enforce the information caused by particularly matter and dell sale it caused cardiovascular disease a good illumination i want to point out that part of failure heart conditions and stroke are leading can you of death in the tape 5 causes of death for san franciscans if we look at 24 this is t age adjustment hospitalization rate for Heart Failure it looks at like the exposure zone the north and south of market and the bayview Hunters Point and now youll see the same type of profile of where were concerned about so it is important furriers as an environmental standpoint and do want the construction adding the diesels emotions by the air quality the management of that ordinance will prevent this from happening the air district as had several be reports in 2010 was an air plan the two key facts ive learned from the plans par complainant matters is the smaller dynamic those fine par tickets pose the greatest burden on the bay area and they account for more than 90 percent of immortality in the area if we look at the paralyze from the diesel fuel we have the carr gunmen and its responsible for over 80 percent of cancer risks if toxic air contaminates in the area i appreciate our support. Wade would you like to comment. I have a short presentation so good afternoon mr. Sweeney and im wade from the San FranciscoPlanning Department as supervisor cohen mention this is about protecting the Public Health awhile providing certainty to the projection for Public Agency projects this ordinance lions with the City Projects to ceqa both this ordinance along with article 38 have a bigger strategy which the Planning Department and dpw are working on to produce less carcinogens we have support if the Planning Commission and the Environmental Commission so just a little bit of background quickly on the existing ordinance acknowledging it the Harmful Health effects we took action and adapted the ordinance the ordinance requires cleaner Construction Equipment already and is enforced by different contracting public works agencies the heart of the ordinance relate relates to either a engine or verified emission strategy the acronym the epa and California Resources started to reblth the amount of regulations from the 190s this chart illustrates there are four tier levels the equipment becomes cleaner and the standards stricker i want to highlight tier two the existing ordinance this is applied to new engines on not applying to existing equipment but existing equipment lasts 15 to 25 years it has been adapted a separate regulation. Do you have a copy of your presentation. I do. Can i have it please. Yes yes. Sorry i know some of the numbers on this chart maybe a little bit hard to read the numbers are not as important as illustrating the point of the different standards that apply to new engines over the equipment it has gone cleaner i was mentioning for this only applies to new engines and existing equipment theres a regulation that went into effect just last year im going im not sure e im sorry 2013 companies will closely clean up their equipments one of the ways through the verified emission control strategy it is a filter you can put on the existing engine to reduce the matter especially further so if you look at the orange and you have a tier two engines a new engine and in 2004 lets say and you put a filter on it that reduce the matter emissions tiring percent beyond the tier 2 engine and how this relates to ceqa it subsequent to page of the ordinances in 2007 in the bay Area Management district released new guidance are documented the Harmful Health effects from the air pollution month jurisdictions in San Francisco claremont the air quality with ceqa this required the Construction Projects in San Francisco the hire consultant to have a costly modeling it requires the pub funded projects beyond the construction ordinance this requirement was often imposed on projects subsequent to ceqa when you have a mitigates project under ceqa the projects will not be otherwise exempt this arrow if you have an project that is exempt and have a mitigation you have to do a 3450ig9sd eir the planning and dpw created a map im going to talk about it we talked about that for article 38 essentially for construction if youre project is locked in the zones your subject to a ceqa mitigation measure as an example the Planning Department currently is reviewing for ceqa public projects foreclosure a Health Clinic in the bay area theyll be exempt from ceqa with you its in the exposure zone tlofrs it is subject to cost and time and in order to understand the ceqa the Planning Department has identified the mitigation measures that was done in outreach this chart here is actually brand new data i got from the California AirResources Board we originally did research in 2012 but this year chart shows essentially new engines become available as the economy picked up so when the recession hit not a lot of new engines we get the question why are we not requiring the tier 4 engines the reason we dont think its feasible because the tier 4 engine are not wildly available shown in light pie chart that document 20 to 15 percent of the engines in the state for the tier four if you require tier 2 its 60 percent and by requiring that verified diesels emotion our that equivalent to a tier 4 engine the real changes ive described as for ceqa outside the air pleasant our subject to the existing requirements and inside the x portion youre a tier two engine and administrative review control strategy theres a monitoring plan associated that this ill briefly cover so first and foremost this is a health protective ordinance between the Emissions Reductions compared to a engine that has not Emission Standard or flexibility through ceqa the mitigation measures is not required but required for city regulation for example the earlier Health Clinic can precede with the mitigation and it allows for a greater ability to monitor for compliance the state has a regulation that requires all Construction Equipment to have a 6 character red sticker on both sides of the equipment and a members of the public or someone if the city agency can written down the number and go online and see whatever its tier one or four so the Planning Department courageous you to adopt the update im happy to answer any questions you may have. Thank you very much for if presentation supervisor kim. Sorry was having mike issues thank you supervisor cohen for introducing that really important legislation id like to be added as a cory had a question not sure if directed to Public Health or planning this is a great step up to the plate we have should legislation weve seen the uptick of construction in large swaths of districts that was put up the power point presentation i have a number of questions on the important piece i think that what were putting for legislation is really good, i want to know what were going to do to have the resources and staffing commissioner that we can enforce this on, on contractors things like not leaving diesel trucks in the i would like and things to put into place within the contract itself to insure those violations are nothing go to the happen in the first time and two there are complaints you know what are the resources the city has to insure that the contractors are compliant. The court again, i support everything this is in here we have a number of ordinances on the boxes our residents have a right to call our office and complain about and we have the resources to properly takeover of that. No questions or statements. Thats a question. Is the question do we have the resources actually. I asked two questions one are we thinking of putting things in place n the public project that insures in advance that there are specific measures to make sure that the contractors comply with the prevention there isnt a violation a and b if there is what resources do we have to enforce legislation. All right. Supervisor kim through the chair on the enforcement side of things in developing this ordinance and the research we did a lot of outreach to all the city agencies that are going to be subject to accident ordinance and dunn done education that question has come up with every individual agency we develop in doing this outreach is sort of a template for a plan the ordinance tukdz about the construction emissions plan and we developed basically an x sell spreadsheet and the contractors can fill out and maintain through the construction the hope the owners passes we continue our educational efforts with each of the individuals agency because some individual agencies have been subject to this through ceqa and theyve had some similar questions of how are they going to monitor right now the Planning Department is monitoring it through ceqa and were trying to educate them on this so in terms of resources i dont really each year Additional Resources from the city agrees more of a educational understanding of the requirement in terms of compliance yeah. In terms of inclines it is subject to each individual agency and actually drawing a blank on what the ordinance specifically says in terms of in if a incarcerating is in compliance with the plan i believe it says they could subject to no longer having the contracts you know. Okay. So sorry i was trying to pull up the ordinance so the enforcement body is each agency. Correct. Its not the department of Public Health so well have to find out which agency contracted it whether dpw and theyll be responsible for sending someone out to enforce the legislation but the punitive measures at the ended e he said the contract. Ill have to relook at the english i think this is essentially what it does you does it feel like the right punitive measure i dont know what agency is going to stop a project when the street is torn up were going to take this contract and leave the neighborhood you know in sham he lives in the meantime and there are things built to into the ordinance that allows for waivers if a particular piece of equipment is not available the contractor california for a waiver from that particular requirement i would have to relook at what the ordinance legislation says and excuse me. The legislation digest has a quarterly reporting so the public has a Public Record for consultants. The st. John gibner would like to comment. John gibner, deputy City Attorney like to follow up on the possibility it didnt go to our question supervisor jane kim about how the departments are admonishment but in terms of what the remedies are the contract for the project will exterior the contractor comply with the construction so noncompliance will mean suspension or the contract or or for potentially Departure Time a process that follows a hearing so a ranger of options and also nonpayment we can suspend payment to the contractor so there are ways to terminate the contract permanently. Do the agency feel like theyve got the capacity i like the ordinance i know our office on a daily process gets emails from the public regarding violations to the planning code and theyre real violations and followup with the departments they dont have the resources to actually enforce against the violator so it becomes a frustration within the law enforce the law and we get kind of or you know nonresponses from the department its not their fault they dont have the resources thats why im sensitive to think about the enforcement in general. I just want to make sure the proper things are in place the neighborhoods get what they deserve cleaner and greener contradiction to make sure as the the outcome. Agreed and just specifically section 25. 40 talks about enforcement for in the ordinance but in terms of individual city agencies worrying about the resources to be able to enforce i havent heard that specifically but that is a concern and the Planning Department we face that reality like i mentioned. I dont want to put you on the spot i mean as you know we move forward with legislation like this it is good for us to have a process by which we think about the resources that are necessary phenomenal not only for this legislation but all legislation that requires a level of enforcement but anyway i wanted to put that concern i think this is not an issue everyone about comply and that will be in place. A lot of it will be discussed in the preconstruction a lot of contractors that dont have the equipment theyll lease it so the sort of hinge that leads to noncompliance will be negotiated up front and its all the local hiring arrest the equipment piece is easier i was worried about the vehicles i woulding. Thats harder to enforce so the equipment piece im a lot less concerned with. And i think. Maybe not in the hearing but in the future good to think about it. All again Public Policy for the public and part of this ordinance has signage requirements so hopefully, there are another aspects that the public can become more aware of. Im confident well get well educated and im not worried that when they call us well be able to enforce it. Understood thank you. All right. Seeing no other colleagues with questions or comments open up for Public Comment i have one comment card for katie lydell why not come up anyone else that want to speak good afternoon. Supervisors im katie lydell this or live in the district im the president of the Neighborhood Association ive lived there for 20 years i want to thank you supervisor cohen for so to speak this and supervisor kim so for cochair youve heard a lot of data and hard facts and practical things and have more practical information i have lived there since 1995 and everyday i have a black dust on my furniture it is interesting and these people seen the common areas of my condominium without my ask them they say my gosh those carpets are getting worse and worse everyday thats the kind of thing i worry about ive been there for a long time and, yes, i know i live by this bay bridge but its getting worse i look at the map that shows the pollution im in the mid of that its not the thing i worried about but my neighbors and children that live in the neighborhood so i urge you to keep pushing for those kinds of things this is one thing but i thank you and i would like to thank karen cohen for keeping me in the loop please support those things. Thank you very much for your comments is there any member of the public who wishes to speak seeing none, Public Comment is closed. I would now like the committee to make a motion hopefully, a positive recommendation. Motion by supervisor kim and seconded by supervisor wiener supervisors any my comment. Thank you, madam chair for sponsoring this legislation we have a lot of work in the construction in the city and infrastructure work it is very important to add new housing he do so much work on the roads and another infrastructure and its exciting were in this time were actually starting to address the needs e nodes theres challenges with the work and dust. Mruntd are part of that it really is important we do everything we can to mayor u make sure this is done in a clean way i want to say we went through a related origin in terms of tramsz and the more we can get people into alternative forms of transportation the more to further reduce the pollutants thank you. Ill be supporting this. Madam clerk do you get that seconded i believe lets see this item will go to the full board with a positive recommendation. Madam clerk call item 2. A resolution imposing the zoning control for a 12 month period. Supervisor jane kim is the author of this and supervisor kim will make a presentation on the discussion of this item. Thank you supervisor cohen and others for the interim controls ive introduced similar ones in october of 2013 and have since of e then been adding the loss of housing due to the conversion of office space from residents those have been converted without the benefit and im sure in multiple building in Market Street and on the tenants have been in several building through rincon hill and through midmarket letting us you know theyve received evictions nos