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HomeMy WebLinkAboutMINUTES - 02131990 - 1.83 483 TO: f'1" BOARD OF SUPERVISORS. FROM: Contra Harvey E. Bragdon ,.,�.,} Director, Community Development Dept. Costa DATE'. County February 12, 1990 SUBJECT: Impact of Air Quality Regulations on Growth Management and..Measure C Projects SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION• Accept report from the Director of Community Development on the impact of the Metropolitan Transportation Commission's Contingency Plan on the County' s growth management program and Measure C projects. FINANCIAL IMPACT: None. REASONS FOR RECOMMENDATIONS/BACKGROUND: The Metropolitan Transportation Commission (MTC) is under a federal court order to implement the Contingency Plan included in the 1982 Bay Area Air Quality Plan. The Contingency Plan contains measures to be taken if the Bay Area fails to make reasonable further progress in reducing transportation-related air pollutants pursuant to federal air quality standards. The court order specifically requires MTC to 1) identify highway projects that will be delayed until the Bay Area Air Quality Plan is revised, and 2) to adopt additional Transportation Control Measures (TCMs) to reduce automobile use and vehicle exhaust. At its January 30 meeting, the Board of Supervisors requested a report from the Director of Community Development on the impact of the Contingency Plan on the County's growth management program and Measure C projects. Measure C Projects Any highway project included in MTC' s Transportation Improvement Program (TIP) could potentially be delayed if the project would have a detrimental impact on air quality. MTC will rely on certified environmental documents to make its determination as to whether or not there are any adverse air quality impacts. For projects without certified environmental documents, project sponsors must ensure that HEB/SLG:Orig. Dept. CDD-TP CONTINUED ON ATTACHMENT:XX— YES SIGNATUR , RECOMMENDATION OF COUNTY ADMINISTRATOR REC ME TION Fy ARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE n(SHOWN. CC: ATTESTED -- FEB 1..3 1990 .. ---- — Community Development PHIL BATCHELOR, CLERK OF THE BOARD OF Public Works - Road Engineering SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY M382/7-83 A Board of Supervisors February 12 , 1990 Air Quality Regulations Page Two TCMs (HOV lanes, ramp metering, incident management, etc. ) are considered in the design and analyzed from an air quality perspective in their environmental documents. If the certified environmental document identifies detrimental air quality impacts, a commitment to a mitigation strategy will be used as a test to determine whether the project will be considered for delay. Commitments of timing, funding, and agreements to implement mitigation strategies must be clearly explained in the environmental document. MTC will consider delaying such projects on a case-by-case basis, Their determination regarding delay will also consider any other relevant information provided by the Federal Highway Administration, the EPA, the Air Resources Board, the Air Quality Management District, ABAG, and the project sponsor. MTC has reviewed the potential emissions impacts of all 40 projects for Contra Costa County included in the TIP. The following projects have been identified as potentially detrimental to air quality and MTC will consider these projects for delay pending completion of their environmental documents. None of these projects utilize Measure C funds. - I-80 HOV lane projects, Unit 4 and Unit 6. Caltrans is reevaluating these projects for potential. redesign. The potential emission impacts will be reevaluated by MTC once Caltrans completes their redesign and any appropriate environmental documentation. I-80/Atlas Road interchange. This project has these same status as the I-80 HOV lane project. I-680 parallel span to the Benicia Bridge. East 18th Street widening in Antioch. - Olympic Boulevard widening in Saranap. - Willow Pass Road widening in West Pittsburg. - Cutting Boulevard widening in Richmond. Generally speaking, any Measure C project that would include federal funding or is located on a state highway, and that has a potential detrimental or beneficial air quality impact, will be subject to consideration for potential delay by MTC. Following MTC' s air quality analysis guidelines in the preparation of environmental documentation for Measure C projects would appear to provide the best insurance against potential delay. The first Measure C projects most likely to be subject to this procedure include the Route 4 improvements and BART extension in eastern Contra Costa. The intent of MTC's process is not to delay projects, but to ensure that any project with a detrimental impact on air quality contains appropriate TCM's in the project design and to ensure that commitments to air quality mitigation measures are in place. The federal court judge has not decided, at this point, if MTC's procedures satisfy the court order. The judge's decision on this matter should be made soon. According to the Contingency Plan, MTC's procedure for reviewing projects for consideration for potential delay will continue until the a new Bay Area Air Quality Plan is adopted. The EPA has requested preparation of the new plan but its schedule for adoption is not known. Growth Management The implications of the air quality regulations on the County' s growth management program of the Draft County General Plan are mixed. Development approval is contingent on meeting the program's service standards and some development may require implementation of projects Board of Supervisors February 12 , 1990 Air Quality Regulations Page Three identified the County's Five-Year Road Improvement Program. Some of these projects may be considered for potential delay by MTC, thereby affecting the ability to proceed with development. The Transportation System Management (TSM) component of the growth management program is consistent with the TCMs included in MTC's Contingency Plan. Enforcement of the County's TSM ordinances should increase the possibility for positive air quality assessments made as part of a project's environmental review. Other TSM measures in the Draft General Plan provide county staff with guidance for negotiations with the sponsors of major transportation projects to ensure TCMs are considered in project design and environmental review, and to ensure that County-sponsored projects reflect the same. Additional TCMs proposed by MTC to be included in the Contingency Plan to meet federal air quality standards. Some of these measures would enhance the ability to implement components of the growth management program. TCMs are proposed to increase gas taxes and tolls which would provide increased funding critical transportation projects. MTC is also directing revenues to fund their own TSM programs. Unfortunately, no revenues are directed specifically at County or city-sponsored TSM programs in Contra Costa. MTC is accepting public comments on the proposed TCMs until February 14 . The TCM component of MTC's Contingency Plan will be revisited this summer when additional TCMs are developed . to meet California air quality standards which are significantly more stringent than federal standards. The Board should be aware that implementation of MTC' s Contingency Plan is a consequence of a lawsuit by the Sierra Club and Citizens for a Better Environment against not only MTC, but the Bay Area Air Quality Management District, EPA, ABAG, and state agencies. There are components of this lawsuit that could affect the ability for industrial projects to obtain air emission permits, the ability of major sewer and water projects to obtain necessary state and federal approvals, and the type of land use planning requirements imposed on cities and counties. The federal court has yet to make decisions on these components of the lawsuit.