BAY AREA AIR QUALITY MANAGEMENT DISTRICT - DELEGATION AGMT 1994

G. Section 13-1-302 ofBAAQMD Regulation 13, Rule 1 includes criteria for delegation of the rule by the Air Pollution Control Officer (APCO) to local jurisdictions. NOW, THEREFORE, the parties agree to the following: 1. APPROVAL OF TRIP REDUCTION ORDINANCE AND DELEGATION PLAN FOR REGULATION 13, RULE 1 DELEGATION A. The TRO and Delegation Plan as adopted by the City Council are attached as Attachment A and Attachment B, respectively, to this Delegation Agreement. The signature of the Air Pollution Control Officer (APCO) to this document constitutes approval of the TRO and Delegation Plan by the BAAQMD. For the purposes of this Delegation Agreement, "approved .status" of the TRO signifies acknowledgement that the TRO is an ordinance with respect to air pollution control which is at least as stringent as the BAAQMD's Regulation 13, Rule 1, within the meaning of Section 13-1-302 of the Hale. Such approval exempts employers within the City from the BAAQMD implementation of Regulation 13, Rule 1 pursuant to Section 13-1-105 of that rule, except multi-site employers as provided in California Health and Safety Code Section 40717(e)(4). B. The signature of the City Manager to this document. constitutes a commitment on the part of the City to implement and enforce the TRO and. Delegation Plan. Failure to implement and enforce the TRO or Delegation Plan will result in the revocation of the approved status of the TRO and Delegation Plan and. this Delegation Agreement by the BAAQMD as outlined in Subsection 10.B. of this Agreement. 2. MAINTENANCE OF ORDINANCE'S APPROVED STATUS A. If changes in Regulation 13, Rule 1 are initiated by the BAAQMD which would render the TRO less stringent than Regulation 13, Rule 1, then: 1. The BAAQMD shall advise the City of possible Regulation 13, Rule 1 amendments at the time these amendments are drafted. 2. The City shall have six months from the date of BAAQMD adoption of applicable Regulation 13, Rule 1 amendments, in which to modify the TRO. B. If amendments to the TRO are initiated by the City in response to amendments to Regulation 13, Rule 1 or other reasons, and the City wishes to maintain the TRO's approved status, then: 1. The City will initiate discussions with the BAAQMD to reach agreement on the acceptability of the proposed amendment prior to any public hearing before the City CounciUBoard concerning the proposed amendment. 2. The APCO shall respond to the City's written request for review of the proposed amendments to the TRO within 60 calendar days. BAAQMD-City of Pleasanton Delegation Agreement -Page 2