“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 6 OFFICE
1352 WEST OLIVE AVENUE |P.O. BOX 12616 |FRESNO, CA 93778-2616 (559) 981-7284 | FAX (559) 488-4195 | TTY 711
www.dot.ca.gov
May 20, 2024
FRE-VAR-VAR
South-Central Fresno AB 617 Community
Truck Reroute Study-Truck Routing
and Implementation Strategies Report
SENT VIA EMAIL
Ms. Jill Gormley, TE
Assistant Director, Traffic Engineering Division
City of Fresno
2600 Fresno Street
Fresno, CA 9372
Dear AB617 Truck Reroute Study Committee:
Caltrans has completed a review of the South-Central Fresno AB 617 Community Truck Reroute Study-Truck Routing and Implementation Strategies Report dated April 2024 and prepared for the City of Fresno. To assist the South-Central Fresno community, the City of Fresno and the San Joaquin Valley Air Pollution Control District (SJVAPCD) are working to create creative and workable mobility solutions and initiatives. We provide the following comments:
Caltrans District 6 Comments:
Section 5:
• In addition to the proposed closure of Belmont Ave Interchange (IC) at State Route 99, McKinley Ave IC will also be closed.
• It appears the preparers of the report have done good work both appropriately scoping the study and synthesizing the data, but the maps are difficult to read at the scale presented in the report. Insert maps may be helpful. In addition, a map combining or cross-referencing the information in Figures 3 and 4 could be very informative. There is also a concern about some of the proposed re-routes being co-located with a higher number of proposed crosswalks, however, this may not be a valid concern since we cannot read the map at that level of detail and are left to trust the narrative. • Also, should the total number of proposed improvements on Page 9 be 237, not 236?
Ms. Jill Gormley, TE
May 20, 2024
“Provide a safe and reliable transportation network that serves all people and respects the environment” Section 7.1:
• Any proposal to restrict truck access through the freeway ramps must follow the truck route restriction process and be approved by the California Department of Transportation.
• Active Transportation Program (ATP), Cycle 5: please include the agency the ATP Cycle 5 program is referring to. If it is California Transportation Committee, then it is cycle 7 and the deadline is June 2024. o https://dot.ca.gov/programs/local-assistance/fed-and-state- programs/active-transportation-program
General comment – Any truck reroute strategy that will potentially impact the freeway ramp intersection operation will require further evaluation.
Caltrans commends the project for evaluating strategies to help to create complete street(s) where all modes can travel safely along the transportation network.
If you have any other questions, please me at (559) 905-9371 or [email protected].
Sincerely,
Mr. David Padilla, Branch Chief,
Transportation Planning – North
CentralCaliforniaEnvironmentalJusticeNetwork(CCEJN)1907N.GatewayBlvdFresno,CA93727 RyanHayashiSanJoaquinValleyAirPollutionControlDistrict1990EGettysburgAve,Fresno,CA93726 SentViaEmail
Re:ConcernsandrecommendationsregardingAB617SouthCentralFresnoTruckRerouteStudy CentralCaliforniaEnvironmentalJusticeNetwork(CCEJN)alongsidetheundersignedcommunity-basedorganizationsandresidentsofSouth-CentralFresnoneighborhoodssubmittheforegoingcommentstoKatherinePadilla&Associates,theArcadisFirm,theSanJoaquinValleyAirPollutionControlDistrict(SJVAPCD),theTruckRerouteStudyCommunityAdvisoryGroup(CAG)andTechnicalSteeringCommittee,theCityofFresno,andFresnoCounty. WearepleasedtohavereceivedandreviewedthefinalversionoftheFresnoHealthImpactAssessment(HIA)andanupdatedTruckRouteMapintheTruckReroutingandImplementationStrategiesReport(TRISR)draft.Nonetheless,wewouldliketoraiseaseriesofconcernsandrecommendationstobothreportstoensurethefinalrecommendationseffectivelyprotectthelivelihoodandhealthofSouthFresnoresidentsandreducetheirproximitytopollutionsources.
Theundersignedorganizationsandindividuals,manyofwhomresideinsomeofthemostenvironmentallyburdenedneighborhoodsofFresnoandthestate,workinpartnershiptoeradicatedecadesofenvironmentalracismandtoadvocateforpoliciesandpracticesthatcreateahealthy, breathableSouthFresnoforlow-income,communitymembersofcolor. ResidentsinSouthFresnoexperiencehighratesofrespiratoryandcardiovascularhealthissues,elevatedpollutionburdenlevels,poorairquality, andincreasingheavydutytrucktrafficthroughtheoverconcentrationofindustrialfacilitiesanddevelopmentwithintheregion.Theseimpactsaremagnifiedbyinequitiesinaccesstoopportunityandlackofinvestmentsincriticalinfrastructure,services,andamenitiescomparedtoneighborhoodslocatedinthelesspolluted,wealthyneighborhoodsofNorthFresno.TherecommendationsprovidedbyboththeTruckRerouting
andImplementationStrategiesReport(TRISR)draftandtheFresnoHealthImpactAssessment(FHIA)holdthepowertosignificantlyreroutetrucktrafficawayfromneighborhoodsandsensitivereceptorsandtoreducepollutionexposuretocommunitiesthathaveexperiencedlong-termdisinvestmentandunjustenvironmentalpractices.
1.BothreportsmustdeveloppolicyrecommendationsthataddressthelanduseplanningpatternsthatconcentrateheavydutytrucktrafficwithintheSouthCentralFresnoAB617communityboundary.
Thoughthefocusofbothreportsistoreduceexposuretoheavydutytrucktraffic,theyfailtoidentifythemainsourcesthatgeneratethistypeoftraffic:industrialfacilitieslocatedwithinSouthCentralFresno.TheprimarygoaloftheTruckRerouteStudy(TRS)istodeterminewhetherheavy-dutytruckstravelingwithinthecommunitycanbereroutedtoreduceemissionsexposureofSouth-CentralFresnocommunityresidents;meanwhile,theFresnoHealthImpactAssessment(HIA)measurestheimpactsofairpollutionandproximitytotrucktrafficontheriskofcommonhealthoutcomessuchasinfantmortality, pretermdelivery, asthma,andcardiocerebralvascularevents.TheFresnoHIAdoesanexceptionaljobinquantifyingandcomparingtheimpactsoftheseoutcomesforindividualswholivewithinandoutsidetheAB617communityboundary. Meanwhile,theTruckReroutingandImplementationStrategiesReport(TRISR)providesanumberofrecommendationssuchasnewcrosswalks,truckfocusedsignage,andtrafficsignalizationimprovementtoincreasethesafetyofresidentswholiveneartruckroutes.However, therecommendationssetforthbybothreportsfallshortinspiteofthelargerpictureofindustrialfacilitieslocatedinproximitytoSouthCentralneighborhoodsthatfacilitatetrucktrips.
BothreportsdonotexplorehowexistingandplannedlanduseshavedisproportionatelyconcentratedheavydutytrucktrafficinSouthCentralFresno.Theplacementoffacilitiesthatgenerateheavydutytrucktrafficisrootedinhistoricallydiscriminatorylanduseplanninganddevelopmentthat\concentratedindustrialuseswithincommunitiesofcolor. Duringtheearlyandmid1900s,theCityparticipatedintheracistpracticeofredlining,theclassificationofneighborhoodsasmostandleastdesirablebasedonitsracialandethnicmakeup.InFresno,theHomeOwners'LoanCorporationusedamaptoshadeinredcertainneighborhoodsoftheCity.NeighborhoodssuchasSouthwestFresnowithlargeminoritypopulationswereshadedred,deniedmortgages,andlabeledundesirable. 1 Asaresult,westFresnohaddifficultiesattractingqualitydevelopment,andinstead,becameamagnetforsitingheavyindustrialfacilitiesandlow-costhousing. 2 Thispracticeisstillevidenttoday. Asof2020,themajorityoftheSouth 2 Southwest SpecificPlan, p.I-6.
1 Fresno’sMason-DixonLine, TheAtlantic.
2 CentralFresnoareacomprisesamajorityofcommunitiesofcolorwithademographicbreakdownof70.7%Hispanic,8.9%Asian,and8.17%BlackorAfricanAmericanresidents. 3 Adoptedin2018,theCityofFresnoGeneralPlanLandUseandCirculationMapplacestheburdenoflightandheavyindustrialzoningwithinthesouthernpartoftheCity, asevidencedbythelightgrayanddarkgrayareasinFigure1. ThesezoningsitesaremorelikelytohaveheavydutytruckfleetsandalsoaresituateddirectlywithintheSouthCentralFresnoAB617communityboundary. Thus,theCity’slandusedecisionsandpatternscontributetodisproportionateamountsofheavydutytrucktrafficandincreasedairpollutantexposurewithindisadvantagedneighborhoods.
Figure1.CityofFresnoGeneralPlanLandUseMap
4 TheeffectsoflandusezoninghaveresultedinsignificanthealthdisparitiesbetweenSouthFresnoandNorthFresnothatneedtobeaddressed.TheFresnoHIAsharesseveralfindingsthathighlighttheunequalpollutionburdenthatSouthCentralFresnoresidentsface.Forexample,itfoundthatwithintheboundary, thenumberofasthmaEDvisitswas870.06per10,000peopleandthenumberofasthmahospitalizationswas156.41per10,000people;meanwhile,outsideoftheboundary, thenumberswere521.01and78.44. 5 Theserates
5 FresnoHealthImpact Assessment, p. 39
4 Cityof FresnoGeneral LandUseMap
3 South-Central FresnoTruckRerouteStudyExistingConditionsReport, p.15. 3 demonstratethegreaterhealthrisksoflivingwithintheAB617boundary. Furthermore,thestudyfurtherexplorestheroleofPM2.5inadversehealthoutcomeswithinthiscommunity. PM2.5,orparticulatematter2.5,referstoatypeofairpollutionthatconsistsofmicroscopicsolidorliquidparticlesthatare2.5micrometersorlessindiameter. 6 Theseparticlesareemittedfromsourcessuchascars,trucks,woodburning,andwindblowndustfromagricultureandconstruction. 7 TheconcentrationofindustrialzoninginSouthCentralFresnomakesitaprimehotspotforPM2.5.TheFresnoHIAexploredthecorrelationbetweenPM2.5andasthmarelatedissues.Duringthecoldseason,a5unitincreaseinPM2.5exposurewasassociatedwithapproximatelya2%increasedriskofhavinganasthmaEDvisit2-6dayslater;duringthewarmseason,thesameunitincreasewasassociatedwitha3-4%increaseofanEDvisitwithinonedayofexposure. 8 Thus,ifPM2.5exposuresweretobereduced,thenumberofasthmaEDvisitsandhospitalizationswouldbereducedaswell.Thisemphasizestheneedtoaddresshowlightandheavyindustrialzoningoverexposessurroundingcommunitiestoairpollutants.
InordertoreducetheimpactsofdiscriminatorylandusepracticesthatconcentratedheavydutytrucktrafficwithintheSouthCentralFresnoboundary, westresstheimportanceofincludingasetofpolicyrecommendationsthatprioritizeequitablelanduseplanning.ToreducePM2.5anditshealthimpacts,industrialfacilitiesmustbesitedfarawayfromdisadvantagedcommunities.ThoughtheFresnoHIArecommendstheplacementofa1000ftbufferbetweenneighborhoodsandtruckroutes,theproximityofresidentstoindustrywillsignificantlyminimizetheeffectivenessofabuffer. 9 Thustherecommendationofa1000ftbuffershouldnotonlyapplytotruckreroutesbutalsotohowtheCityiszoningtheland.
2.TheProposedTruckRoutesandTruckRegulatedAreasmapmustroutetrucksawayfromalldisadvantagedcommunitiestoreducetheirpollutionburden.
Thoughtheproposedmapeliminatesfourexistingtruckroutes,itaddsfivemorerouteswithinthesameAB617SouthCentralFresnocommunityboundaryandthereforecontinuestoconcentrateheavydutytrucktrafficinoverburdenedcommunities.Forexample,themapeliminatestruckroutesonChurchAve,CentralAve,andJensenAve;however, itleavesBelmontAveasatruckrouteandaddsanotherroutenearMarksAve;itextendstheNorthAvetruckrouteallthewaytotheintersectiononPeachAvenearMalaga;andlastly, itaddsanotherrouteonCedarAverunningthroughBelmontandVenturaAve.Italsoadds2newreroutes.ThegoaloftheTRSshouldnotbetopassheavydutytraffictootherdisadvantagedcommunitieswithinthe 9 FresnoHealthImpact Assessment, p.46.
8 FresnoHealthImpact Assessment, p.39.
7 CaliforniaAir ResourcesBoard, Sourcesof Air Pollution. 6 CaliforniaAir ResourceBoard, InhalableParticulateMatter andHealth(PM10andPM2.5. 4 AB617community. However, thenewplacementsoftheserouteswilldojustthat.Anequitableapproachwouldbetonotjustreroutetrucksawaytootherdisadvantagedneighborhoodsbuttomoveroutesentirelyawayfrompeople.
CommunitiesresidingnearBelmontAve,Calwa,andMalagaareimpactedacrossanumberofhealthindicatorswhichemphasizestheimportanceofroutingtrucktrafficfarawayfromresidents.ThedecisiontokeepandexpandtheexistingtruckrouteonBelmontwillcontinuetoexposesurroundingcommunitiestoairpollutantsfromtrucks.BelmontAveisaprimarilypedestrianstreetthatissituatedbetweenresidentialneighborhoods,stores,andFresnoChaffeeZoo.ThesurroundingneighborhoodsonBelmontAvecontainsomeofthehighestcensustractswithpollutionburdeninCalEnviroScreen4.0.Forexample,censustract6019002400hasaCalEnviroScreenscoreof99%andaPM2.5scoreof97%.Censustract6019002300,whichislocatedtotheleftofthepreviouslymentionedtract,hasa94%CalEnviroScreenscoreandaPM2.5scoreof97%.Duetothehighratesofpollutionburdenwithinthesesurroundingcommunities,notruckroutesshouldbeplacedonBelmontAveatall.Thisalsoappliestoothernewlyaddedroutes.TherouteaddedinbetweenNorthandPeachAveislocatednearMalaga,censustract6019001500,whichhasa99%CalEnviroScreenscore.ItalsohasaPM2.5scoreof96%.Lastly, thenewlyaddedroutethroughCedar(nearCalwaAveandBelmontAve)islocatednearSoutheastFresno,adisadvantagedcommunity. Itrunsthroughmultiplecensustracts–twoofwhichhaveCalEnviroScreensscoresof95%and99%(CensusTracts6019002602and6019001301).
Bykeepingexistingroutesandaddingnewrouteswithintheboundary, theTruckRerouteStudyfurthercomprisesthehealthofpregnantpeoplewithinSouthCentralFresnocommunities.Specifically, theFresnoHIAfoundthatpregnantpeoplewholivedwithin1000feetofafreeway,1000feetoftruckroute,or300feetofamajorroadhadsignificantlyhigherriskofadversepregnancyoutcomes,includingpretermbirthandinfantmortality, duetotheirproximitytoairpollutants.Furthermore,comparedtotherestoftheCity, pretermbirthandinfantmortalitywerehigheramongresidentsintheSouthCentralFresnoboundary. 10 RatesofPTBwere9.7%insidetheAB617communityboundariesand8.5fortherestofthecity, ratesofIMwere8.9per1,000insideand6.0per1000outsideoftheboundaries.Inordertotrulyprioritizethehealthofcommunitymembersandthefuturegeneration,truckroutesmustberoutedentirelyoutofdisadvantagedneighborhoods.
3.TheCitymustadoptastringentenforcementplanforTruckRegulatedAreas(TRAs). 10 FresnoHealthImpact Assessment, pg. 8.
5 Aspartofitstoolkit,theTruckRerouteStudyrecommendstheadoptionofTruckRegulatedAreas(TRAs).Theirpurposeistocreateaboundaryaroundsensitivereceptorsthatcanbeusedtolimittruckbypass,eitherbytimeofday, oratalltimes. 11 InthedevelopmentoftheTRAs,a1000ftbufferwasplacedarounddesignatedtruckroutestoguidewheretheTRAswouldbemostbeneficialtoresidentialareas.ThoughTRAsintendtoremoveexistingroutesestablishedunderthe2005FresnoTruckRouteMap,itstillallowsthepassageoftrucksiftheiroriginordestinationresideswithintheboundary. ThishighlightsthecontradictorynatureoftheTRA.ItismeanttoreducetheriskofadversehealthoutcomesmentionedthroughouttheFresnoHIAbutstillallowsfortruckstodisregardthe1000ftrecommendedbufferifitneedstoenterthearea.Thus,the1000ftbuffersworkforthenewfacilitiesthatwillbesitedbutnotforexistingfacilitiesthatarecurrentlyoperatingincloseproximitytosensitivereceptors.Thiswillcontinuetoincreasethecommunity’sexposuretoPM2.5andozone.ThisservesasanexampleastowhytheStudyneededtoconsiderhowlanduseplanninganddevelopmenthasinextricablyintertwinedneighborhoodsandindustriestogether. Routeswillbeeliminatedbutzoningallowstruckstocontinuetoenterandexitlocalstreetsduetotheexistinglanduses.
InorderforTRAstobeeffectiveinprotectingthehealthandlivelihoodofresidentslivingwithinSouthCentralFresno,itmustincorporatethefollowingitems.Firstly, theCitymustadopttheStudy’srecommendationtoadoptanamendedtruckrouteordinancethatupdatesSection14-1303oftheCityofFresnoMunicipalCode,thecodethatestablishestheofficiallistoftruckroutes. 12 Theproposedamendedtruckordinancewouldfurtherregulatetruckroutesbyestablishingthetruckregulatedareasproposedbythisstudy. ThiswouldbeinalignmentwiththeCaliforniaVehicleCode35701,35702,35703,35712and35714, whichprovidesthelegalbasisforrestrictingtruckaccessandprovidingalternativeroutes. 13 Secondly, clearguidelinesneedtobedrafted,distributed,andenforcedregardingtheconsequencesofanon-permittedtruckdrivingthroughaTRA.TheCitymustmandateaspecificdepartmenttoleadinpatrollingandissuingviolationstobusinessesandtruckdrivers.Thirdly, theCitymustdevelopareportingsystemthatallowsallresidentstoreportunpermittedtrucks.TheCitymustprovideamechanism,eitherthroughphone,email,oranonlinesystem,whereresidentscanreportthisinformation.TheCitymustalsofollowupwiththeresidentregardingwhatactionsweretakentoaddressthereport.Lastly, theCitymustworkwiththeAB617CommunitySteeringCommitteetoregularlyreportonthestatusofTruckRegulatedAreas(TRAs)andwhatenforcementactionshavebeentaken. 13 TruckRoutingandImplementationStrategiesReport, pg. 33-34. 12 TruckRoutingandImplementationStrategiesReport, pg. 28. 11 TruckRoutingandImplementationStrategiesReport, pg. 7. 6 4.TheStudymustincludemeaningfuloutreachandengagementinSouthCentralFresno,Calwa,andMalaga.
ThelastthreeworkshopsoftheTruckRerouteStudywereheldonline,inSouthwestFresno,andnearDowntownFresno,butfailedtoengagethewholeAB617community. Asaresult,manywhohavebeenpushingforaTruckRerouteStudywillnothaveaformalpresentationgivenbyaconsultantwithintheircommunity. TheSouthCentralFresnocommunityisapproximately29squaremiles,whichspansacrossSouthwestFresno,SoutheastFresno,andDowntownFresno,andhasapopulationofapproximately97,000people. 14 TheoutreachconsultantsdidnotholdworkshopsforcommunitieslivingnearCentralAveandOrangeCenterElementarynorinCalwaandMalaga.Allofthesecommunitiesareheavilyimpactedbyheavydutytrucktrafficandtruckbypass.Duetothedistancebetweenallcommunitiesandlackoftransitoptions,workshopsmustbeheldinallthedifferentcommunitiesthatcomprisetheAB617communityboundaries.
5.ThisStudymustmakepolicyrecommendationstoimprovetheSouthCentralSpecificPlanforcommunities,notjustindustriallandstakeholders.
TheStudymustfocusontheprotectionofpeoplemorethanitsprioritytotheTechnicalAdvisoryCommittee'sgoalsofcontinuingindustrialgrowthinSouthFresno.TheCityofFresnoisintheprocessofdraftingitsSouthCentralSpecificPlan(SCSP),aplanthatwillaffectthezoningofthelandinSouthCentralFresno.Duringthedevelopmentofthisplan,industriallandstakeholdershavepushedfortheincreasedindustrialzoningofSouthCentralFresno;meanwhilethecommunityhasfoughtforneighborhoodzoningthatdecreasestheirexposuretoindustrialresources.TheStudymustconsiderthedevelopmentoftheSCSCPandhowitwillimpactresidentslivingwithinthisarea.
DuringcommunityworkshopsandduringtheCityCouncilmeetingofMay23,2024,staff statedthattheproposedTRAsroutesincludeCherryAvewhereOrangeCenterElementarySchoolislocated.OntheinteractiveversionoftheFinalImplementationStrategiesMap,thereroutingoftrucksoff ofthisportionofCherryAveisnotincludedandevenifwereincluded,itwouldonlybeatemporarysolution.ThelandallalongCherryAvebetweenNorthAveandCentralAvehasbeenannexedintotheCityfromtheCountyasHeavyIndustrialandmanyparcelsarecurrentlystillnondevelopedagriculturallands.SowhiletrucksarestatedtonotusethisasabypasstoandfromNorthAveandshouldonlytraversethisarea,iftheendpointisabusinessonthatstreetportion,therewilleventuallybeHeavyIndustrialbusinessesallowedtobecitedtherebecauseno 14 CaliforniaAir ResourceBoard, SouthCentral Fresno.
7 recommendationsweremadetodecreasetheintensivezoningusesintheSCSCP. ThereisstilltimetomaketheserecommendationsbeforethefinalSouthCentralSpecificPlanisadopted.
Figure2.ProposedTruckRoutesandTruckRegulatedAreas.Asindicatedbytheredcircleabove,theintersectionofCherryandCentralAve,whereOrangeCenterElementarySchoolislocated,doesnotfallwithinaTRA. 8 ThestrategiesrecommendedwithintheTruckRerouteStudymustmeaningfullyreflecttheFresnoHIAandmusttakeintoconsiderationtheimpactsofhistoric,discriminatorylanduseplanningandpractices.TheFresnoHIAconfirmswhatcommunitymembersinSouthFresnohavesharedfordecadesregardingtheimpactsofindustrialzoning,trucktraffic,andpollutionontheirhealthandlivingenvironment.ItlaysoutthedataforlocalandstategovernmentstoreviewandtakethenecessaryactionstoprotectthehealthofdisadvantagedcommunitiesInacommunity-basedhealthsurveywithresponsesof1,766SouthCentralFresnoresidents,theFresnoHIAasked,“Consideringyourhouseholdandcommunityneeds,howimportantwillitbeforthegovernmenttoaddressthefollowingenvironmentalissueswithinthenextfewyears?” 15 Mostrespondentsbelievedthataddressingtheseissuesissomewhatorveryimportant.84%ofresidentsreportedthattheywouldliketheirgovernmenttoaddresstheissueofairqualityinthenextfewyears. 16 Theseresultsemphasizehowresidentsarerelyingontheirgovernmenttotaketheappropriateactionstoprotecttheirhealthandimprovetheirneighborhoods.TheTruckRerouteStudyservesasanopportunitytoprioritizecommunity’svoicesandtotakeastepinreversingthediscriminatorylandusepracticesthathaveplaguedthecommunityandinstead,buildahealthier, livableSouthCentralFresno.
WelookforwardtocontinuingourcollaborationonAB617effortstofostertransparencyandaccountabilityinthetimelyimplementationoftheTruckRerouteStudy. Ifyouwouldliketodiscussthisletterfurther, [email protected].
Sincerely,
NatalieDelgadoPolicyAdvocateCentralCaliforniaEnvironmentalJusticeNetwork IvankaSaundersRegionalPolicyManagerLeadershipCounselforJusticeandAccountability EdithRicoProjectDirector
16 FresnoHealthImpact Assessment, p.66.
15 FresnoHealthImpact Assessment, p.66.
9 BuildingHealthyCommunities
Dr. CatherineGaroupaExecutiveDirectorCentralValleyAirQualityCoalition LiliaBecerrilFamiliasenacción
CC:RyanHayashi,DeputyAPCO,SanJoaquinValleyAirPollutionControlDistrictKatherinaPadilla,Principal,KatherinePadilla&AssociatesCristinaMartinez,TransportationPlanner, ArcadisGroupSamirSheikh,ExecutiveDirector, SanJoaquinValleyAirPollutionControlDistrictDeldiReyes,DirectoroftheOfficeofCommunityAirProtection,CaliforniaAirResourcesBoardSandyHa,AssistantProfessorofPublicHealthMiguelArias,CouncilmemberDistrict3,CityofFresnoJillGormley, AssistantDirector, TrafficEngineeringDivision 10 1
June 10, 2024
Jill Gormley, TE Submitted Electronically
Assistant Director, Traffic Engineering Division
Public Works Department
City of Fresno
2600 Fresno Street
Fresno, CA 93721
[email protected]
RE: South Central Fresno AB617 Community Truck Reroute Study and Related Health Assessment
Dear Assistant Director Gormley,
INVEST Fresno and the undersigned are writing today to express our strong concern with the Truck Routing and Implementation Strategies Report (Report), as currently proposed.
We are aligned in our position with the letter and recommendations submitted by John Kinsey, with Wanger Jones Helsley PC, on May 22, 2024.
2 South Central Fresno is the city's economic engine, generating approximately $13 billion in economic activity, more than $100 million in tax revenue, which supports essential city services like public safety, parks, and infrastructure improvements, and 25% of the City’s full-time employment.
As proposed, the Report puts family-sustaining jobs and critical tax revenue at risk.
The City of Fresno is currently facing a roughly $47 million budget deficit, it is crucial to avoid policies that hinder businesses in the area’s ability to efficiently access their facilities, add potentially costly monitoring programs, and open the door to more onerous restrictions.
Specifically, the Report recommends the removal of Central Avenue, among others, as a designated truck route. Central Avenue is the primary route for two of the City’s largest sales tax revenue generators and job providers. According to the City’s budget, just two of the distribution centers located along Central Avenue, generate roughly $30 million in sales tax revenue annually and nearly 8,000 jobs, all of which bolsters the City’s General Fund.
Additionally, the removal of Central Avenue forces traffic to North Avenue, when in many cases, Central Avenue is the most direct and efficient route – increasing emissions and vehicle miles traveled (VMTs). Particularly as there is pending litigation to halt much-needed infrastructure improvements to revitalize and expand the North Avenue interchange (Caltrans South Fresno State Route 99 Corridor Project), which will reduce traffic congestion and facilitate a smoother and more efficient flow of traffic along a main arterial of Highway 99.
Moreover, the City is currently in the process of updating the South Central Specific Plan, intended to inform future land use planning and policy within South Central Fresno. While the Environmental Impact Report is still under development, the currently proposed “Blended Plan” proposes primarily employment uses south of Central Avenue, which will be left without a direct truck route.
Furthermore, there is a lack of clarity regarding the “Truck Regulated Areas.” We understand and respect the City’s attempt to reduce pass-through traffic, especially near sensitive receptors. However, we are concerned that the lack of a truck route adjacent to or near businesses in the area will be utilized to restrict potential future new or existing expansion project approvals and discourage new operators from entering the city.
The reality of living in the Central Valley is that due to Valley’s topography, the air we breathe is dirtier than elsewhere in the state and nation (except for the LA basin). But over the past 40 years, we have seen historic reductions in air pollution – leading to a 95% reduction in cancer risk for Valley residents from exposure to air pollutants according to the San Joaquin Valley Air Pollution Control District.
There are two factors driving the Central Valley’s improving air quality. First, a growing, more prosperous economy that innovates and can afford to transition to newer, cleaner technologies. Second, sensible rules and regulations. Since 1992, San Joaquin Valley Air Pollution Control District has implemented nearly 650 rules
3 and regulations that along with California’s nation-leading regulations on cars and trucks are helping to steadily improve the air quality in the Valley.
However, these two factors: a growing economy and sensible air quality regulations have to work in tandem. For instance, the transition to zero-emission heavy-duty trucks cannot be achieved if policies that stunt Fresno’s economic growth, which is necessary to afford this new technology, are enacted.
We appreciate your time and consideration and respectfully urge staff to revise the proposed Report to instead provide recommendations that support existing businesses and create an environment that encourages a diverse, sustainable economy, fostering economic development and growth.
If you would like to discuss this matter further, please do not hesitate to contact Ben Granholm at [email protected]. We look forward to working with you and staff to help keep Fresno’s economy moving.
Sincerely,
Ben Granholm
INVEST Fresno
Buzz Oates
Cedar Avenue Recycling & Transfer Station
Central Valley Business Federation
Cossette Investment
Diversified Development Group
Don Pickett & Associates
Fresno Chamber of Commerce
GraybaR®
Newmark Pearson Commercial
Pickett Solar
Precision Civil Engineering
Strategic Freight Network, LLC
Sunnyland Mills
Valleywide Beverage
cc: Jerry Dyer, Mayor
City Council
Georgeanne White, City Manager
Penny Newman Grain Co.
2691 S. Cedar Ave, Fresno, CA 93725 559-448-8800
VIA EMAIL
Andreina Aguilar
Public Works Department
CITY OF FRESNO
2600 Fresno Street, Room 4019
Fresno, CA 93721-3623
Re: AB617 Truck Reroute Study
Dear Ms. Aguilar:
Penny Newman Grain (“PNG”) is a leading merchant in the market for grain and feed both the United States and worldwide. Founded in 1878 as a mercantile store in Fresno, PNG is a proud long-time member of the local community and the second-oldest business in the County of Fresno. PNG has operated continuously for several decades at the property bounded by E. Jensen Avenue to the north, W. Cedar Avenue to the west, and E. Annandale Ave. To the south, Fresno County APN 487- 150-41S (the “PNG Property”).
PNG has reviewed the Draft South Central Fresno AB 617 Community Truck R eroute Study (the “Study”). As a long -time business within the borders of the South Central Fresno Community that employs local residents, PNG believes it is important to enhance the interface between industrial landowners and sensitive land uses, while at the same time fostering an environment that allows local businesses and job creators to thrive. PNG does not believe these objectives are mutually exclusive and supports any effort that will further these twin objectives.
The City Should Not Mandate the Deployment of Zero Emissions Vehicles (ZEVs) Conversely, the City should not take any action that would subvert or undermine these twin objectives.
Unfortunately, the proposed ZEV requirement in the Study does just that. A ZEV requirement wou ld be infeasible; duplicative of efforts already underway at the California Air Resources Board (CARB); and, if implemented, frustrate the very outcomes the Study seeks to achieve.
First, ZEVs remain widely unavailable in California, and those that are available are far more expensive than those with conventional engines and require expensive onsite infrastructure upgrades. There is likewise a lack of available infrastructure on local roadway networks for the transition to electric trucks, and it is unclear whether and when any such infrastructure will be available. This is of particular concern given that the LA Times has reported that the price tag for the infrastructure upgrades needed to accommodate zero emissions trucks will be $1 trillion.1 Second, CARB’s Advanced Clean Truck and Advanced Clean Fleets regulations already mandate the deployment of ZEVs at an accelerated rate. In other words, it is unclear how any such requirement would differ from the rules already on the books. More disconcerting, however, is the prospect that the
1 https://www.latimes.com/environment/story/2024-03-19/how-much-will-shift-to-zero-emissions-trucks-cost Penny Newman Grain Co.
2691 S. Cedar Ave, Fresno, CA 93725 559-448-8800
requirements will be more onerous than those already adopted by CARB, particularly given the substantial questions about how stakeholders will be able to comply with even those regulations.
Further, although ZEV engines are “zero emissions,” this does not necessarily mean they are better for local communities than existing combustion engines. Truck engines in California are already among the cleanest in the world, so any further decrease in emissions would be minimal. ZEVs, however, are approximately twice as heavy as ICEVs, 2 and thus result in greater wear and tear on local roadways.
ZEVs also have a much lower hauling capacity, and reduce mileage range than ICEVs, resulting in more vehicles on the road and greater vehicle miles traveled.
The Study Should Include More East-West Corridors
PNG is also concerned about the lack of east -west corridors, which could result in longer truck trips and have other unintended consequences. While most of PNG’s traffic exits onto S. R. 99, PNG is concerned that there is no way for a truck to travel to and from its facility directly from the west, since E. Jensen Avenue has been removed as a truck corridor. For example, to travel from PNG’s facility to a location at or around E. Jensen and Brawley, the vehicle would need to travel 9.5 miles one-way (via S.R. 99 and S.R. 180) instead of 6.1 miles directly on E. Jensen Avenue. This makes very little sense from an operational, economic, or environmental perspective, and will ultimately r esult in trucks being on local roadways for longer periods of time. As a result, the Study should be revised to include a larger number of east-west corridors south of S.R. 180.
Conclusion
Thank you for your consideration of these comments.
Sincerely,
David Meeker
2 American Transportation Research Institute (ATRI). 2022. Understanding CO2 Impacts of Zero Emission Trucks.
May, available at: https://truckingresearch.org/wp-content/uploads/2022/05/ATRI-Understanding-CO2-Impacts-of-Zero- Emission-Trucks-May-2022.pdf.
Confidentiality Notice: If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error, please notify us by telephone immediately and delete the original message.
From: Ernesto Franco
To: AB617TruckRerouteStudy
Cc: Jeanine Suskind; Aldi Ramirez; Ron Benefiel
Subject: Re: AB617 Truck Reroute Study Feedback Notes
Date: Friday, May 31, 2024 4:37:21 PM
Attachments: image.png
image.png
image.png
image.png
shehadey-family-foods-190x80_bef7b062-5e1f-4cbd-8dd7-beb554a2a97f.png shehadey-family-foods-190x80_bef7b062-5e1f-4cbd-8dd7-beb554a2a97f.png Divisadero.pdf
Weber connection.pdf
External Email: Use caution with links and attachments
Good afternoon,
Thank you for posting a map showing current and proposed routes in detail on google maps. Due to google maps only showing current street layouts, I wanted to include some details I found:
The current map route shows Divisadero going Westbound across High-speed rail future build into G street. That stretch of Divisadero will be closed off in the future and will not be available as a truck route. See attached PDF labeled "Divisadero".
Important to highlight that the future state of North Weber is shown to cross over through Mckinley to make it a continued truck route. This is not highlighted on the map. See attached PDF labeled "Weber connection."
Ernesto Franco | Director of Logistics
Shehadey Enterprise Solutions
phone: 559.457.4674 | mobile: 559.351.8400
fax: 559.457.4681
250 E Belmont Ave, Fresno, CA 93701
www.ShehadeyFamilyFoods.com
From: Ernesto Franco <[email protected]> Sent: Tuesday, May 21, 2024 7:55 PM
To: [email protected] <[email protected]> Cc: Jeanine Suskind <[email protected]>; Aldi Ramirez <[email protected]>; Ron Benefiel <[email protected]> Subject: AB617 Truck Reroute Study Feedback Notes
Good evening and thank you for your time this afternoon at the community meeting in Maxie Parks Community Center. Here's the recap of our discussion with a couple of images:
1. With Divisadero not being a truck route across the train tracks to G street, It's important that the proposed (in yellow) route be moved forward to give businesses with trucks freeway access on that side of town. Additionally, I would request any proposed routes be mapped out individually to get a better understanding of truck flow not only for the businesses but the communities that will be impacted. The visiual used now does not have enough details of the streets being proposed.
2. With the construction going on, it's important we highlight Weber's truck route going northbound and how the new ramps being built by high-speed rail will impact freeway access for those trucks. I'm not understanding if the path should be Northbound to Clinton as future state of Weber will go under the new bridges (Belmont, Olive) being built not giving freeway access until you get to Clinton. If that is the case, I would ask that we take a second look at the corner of Clinton and Weber to ensure traffic control measure will be able to take on the additional traffic.
This would also include enough lanes for the additional traffic.
3. Weber street from Belmont to Clinton still has some development to be done in order to connect those 2 streets. Weber is also only a 2-way street with the street itself being in need of repairs as it has not been maintained. I would ask that we ensure we ask all entities working on projects around this street be part of the improvements that will be needed as this will be a busy truck route. With Golden State on the other side of the train tracks being closed down for high-speed rail, I would ask that we consider how that is going to impact traffic counts on Weber and who should be responsible for the improvements of the new traffic flow.
4. When it comes to Non-Infrastructure Strategies outlined from the study, it discusses trucks and plans related to CARB and San Joaquin Valley Air Pollution Control District. In a separate Confidentiality Notice: If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error, please notify us by telephone immediately and delete the original message.
meeting regarding Tower district and plans, the city took a stand that enforcement and monitoring regulations surrounding emissions is not within the city's purview and would collaborate with CARB and SJVAPCD. We asked that you please take that into consideration.
From Tower Meetings:
Thanks again for your time and consideration of the comments made above.
Ernesto Franco | Director of Logistics
Shehadey Enterprise Solutions
phone: 559.457.4674 | mobile: 559.351.8400
fax: 559.457.4681
250 E Belmont Ave, Fresno, CA 93701
www.ShehadeyFamilyFoods.com
From: John Kinsey
To: AB617TruckRerouteStudy
Cc: Andreina Aguilar
Subject: RE: Elm Avenue
Date: Monday, May 20, 2024 4:39:34 PM
External Email: Use caution with links and attachments
Thank you, Andreina. I will interface directly with the Elm Avenue landowners I represent: Span Development, SDG, and Buzz Oates.
I do not represent Mid-Valley Disposal, but they will also be affected, so you should probably reach out to them directly.
I also do not represent the individual businesses who occupy the properties on both the east and west sides of Elm between Vine Ave. and North Ave. You should likewise reach out to them directly, as they will likewise be affected by both the truck routes as well as any accompanying regulations.
Thanks,
John P. Kinsey, Esq.
Certified Specialist in Appellate Law
State Bar of California Board of Legal Specialization
WANGER JONES HELSLEY PC
265 E. River Park Circle, Suite 310
Fresno, California 93720
Phone: (559) 233-4800, Ext. 216
Fax: (559) 233-9330
Website: www.wjhattorneys.com
This e-mail (including any attachments) is intended for use by the addressee(s) and may contain attorney-client privileged and/or company confidential information. Do not copy, forward or distribute this e-mail without permission. If you are not the intended recipient of this e-mail, you are hereby notified that any copying, forwarding or distribution of the e-mail is prohibited. If you have received this e-mail in error, please notify me immediately and permanently delete the e-mail from your computer and destroy any printout.
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: AB617TruckRerouteStudy <[email protected]> Sent: Monday, May 20, 2024 2:24 PM
To: John Kinsey <[email protected]>
Cc: Andreina Aguilar <[email protected]>; AB617TruckRerouteStudy <[email protected]>
Subject: RE: Elm Avenue
Good afternoon Mr. Kinsey,
I am following up on business/owner contacts along Elm Ave or anywhere else within the AB617 area.
Andreina Aguilar
Chief Engineering Technician
Active Transportation Coordinator
Public Works Department
Direct: (559) 621-8674
From: AB617TruckRerouteStudy <[email protected]> Sent: Friday, May 17, 2024 8:33 AM
To: John Kinsey <[email protected]>; AB617TruckRerouteStudy <[email protected]>
Cc: Andreina Aguilar <[email protected]>; Jill Gormley <[email protected]> Subject: RE: Elm Avenue
Good morning Mr. Kinsey,
I would greatly appreciate your help. Yes, I will share the PPT slides when I have them posted online.
Thank you for your attendance at last night’s meeting. Please share the attached flyer with the businesses in the area and along Elm Ave.; I hope they can attend.
Andreina Aguilar
Chief Engineering Technician
Active Transportation Coordinator
Transportation Planning
Traffic & Engineering Services Division,
Public Works Department
2600 Fresno Street, Room 4019
Fresno, CA 93721-3623
Direct: (559) 621-8674
Main: (559) 621-8800
www.fresno.gov
Building a Better Fresno
From: John Kinsey <[email protected]>
Sent: Thursday, May 16, 2024 6:52 PM
To: AB617TruckRerouteStudy <[email protected]> Subject: Re: Elm Avenue
External Email: Use caution with links and attachments
Sorry for the multiple emails. Could you please also send me copies of the slides from today’s presentaitons?
John P. Kinsey, Esq.
WANGER JONES HELSLEY PC
265 E. River Park Circle, Suite 310
Fresno, California 93720
Phone: (559) 233-4800, Ext. 216
Fax: (559) 233-9330
From: John Kinsey <[email protected]>
Date: Thursday, May 16, 2024 at 6:46 PM
To: [email protected] <[email protected]> Subject: Elm Avenue
My contact information is contained below. Given the significant amount of industrial/logistics space on Elm Avenue between North and Annadale, I think it would be a great idea for there to be additional outreach to the Elm Avenue landowners. I know they are concerned about there not being any truck route on Elm. I can help put you in touch with them for further information. Thanks,
John P. Kinsey, Esq.
Certified Specialist in Appellate Law
State Bar of California Board of Legal Specialization
WANGER JONES HELSLEY PC
265 E. River Park Circle, Suite 310
Fresno, California 93720
Phone: (559) 233-4800, Ext. 216
Fax: (559) 233-9330
Website: www.wjhattorneys.com
This email has been scanned for email related threats and delivered safely by Mimecast.
For more information please visit http://www.mimecast.com This email has been scanned for email related threats and delivered safely by Mimecast.
For more information please visit http://www.mimecast.com O L I V E R W . W A N G E R
T I M O T H Y J O N E S *
M I C H A E L S . H E L S L E Y
R I L E Y C . W A L T E R
P A T R I C K D . T O O L E
S C O T T D . L A I R D
J O H N P . K I N S E Y
K U R T F . V O T E
T R O Y T . E W E L L
J A Y A . C H R I S T O F F E R S O N
M A R I S A L . B A L C H
A M A N D A G . H E B E S H A * *
P E T E R M . J O N E S†
J E F F R E Y B . P A P E†
D E B O R A H K . B O Y E T T
S T E V E N K . V O T E
N I C O L A S R . C A R DE L L A
G I U L I O A . S A N C H E Z
K A T H L E E N D . D E V A N E Y
E T H A N E . M O R A†
B E N J A M I N C . W E S T
H U N T E R C . C A S T R O
S T E P H A N I E M . H O S M A N
I A N J . Q U I N N††
R A C H E L L . P O M B O
N A T H A N J . M A R T I N
C O L T E N D . B A L L I N G E R
C O L L E E N E . B U S B Y
D A N I K A E . J O N E S
J E S S I C A L . V I V E D
* A l s o a d m i t t e d i n W a s h i n g t o n
** A l s o a d m i t t e d i n I d a h o
† O f C o u n s e l
†† A l s o a d m i t t e d i n T e x a s
WANGER JONES HELSLEY PC
A T T O R N E Y S
265 E. RIVER PARK CIRCLE, SUITE 310
FRESNO, CALIFORNIA 93720
M A I L I N G A D D R E S S
P O S T O F F I C E B O X 2 8 3 4 0
F R E S N O , C A L I F O R N I A 9 3 7 2 9
T E L E P H O N E
( 5 5 9 ) 2 3 3- 4 8 0 0
FAX
( 5 5 9 ) 2 3 3- 9 3 3 0
C L O V I S O F F I C E :
6 4 2 P o l l a s k y A v e n u e
S u i t e 1 0 0
C l o v i s , C a l i f o r n i a 9 3 6 1 2
O F F I C E A D M I N I S T R A T O R
L Y N N M . H O F F M A N
W r i t e r ’ s E- M a i l A d d r e s s :
j k i n s e y @ w j h a t t o r n e y s . c o m
W e b s i t e :
w w w . w j h a t t o r n e y s . c o m
May 22, 2024
VIA EMAIL
Andreina Aguilar
Chief Engineering Technician
Active Transportation Coordinator
Public Works Department
CITY OF FRESNO
2600 Fresno Street, Room 4019
Fresno, CA 93721-3623
Re: AB617 Truck Reroute Study
Dear Ms. Aguilar:
I am writing to submit comments on the South Central Fresno AB 617 Community Truck Reroute Study: Truck Routing and Implementation Strategies Report (April 2024) (the “Report”). My law firm represents numerous businesses and landowners within and adjacent to boundary of the South Central Fresno Community identified in the maps accompanying the Report, many of which will be directly affected by the recommendations and strategies in the Report. To ensure the City of Fresno remains competitive in its ability to attract high -quality businesses, while at the same time promoting strategies that foster a healthy and respectful interface between those businesses and the neigh borhoods they inhabit, several modifications to the Report are required.
1111
WANGER JONES HELSLEY PC
Andreina Aguilar
City of Fresno
May 22, 2024
4872-9396-8064, v. 3
A. The Report Should Be Amended to Include Arterials Adjacent to Properties Currently Occupied by Warehouse/Industrial Uses , Including Elm Avenue
Figure 4 of the Report illustrates the location of Proposed Truck Routes in South Central and Southwest Fresno. Although the City’s General Plan designates Elm Avenue as an “arterial,” and over 800,000 square feet of relatively new warehouse/industrial development exists along Elm Avenue between E. Vine Avenue and North Avenue, Figure 4 shows Elm Avenue deleted as a Truck Route. These light industrial/warehouse properties are also located in a “Proposed Truck Regulated Area.”
Elm Avenue should be maintained as a Truck Route, and the area immediately to the west of S.R. 41 should be removed as a Proposed Truck Regulated Area. By removing Elm Avenue as a Truck Route, the Report ignores the reality that Elm Avenue is lined on both sides by long-standing light industrial and warehouse land uses whose businesses rely in large part on truck trips.1 Moreover, it makes very little practical sense to include most of the land adjacent to S.R. 41 within the Proposed Truck Regulated Area, as the land bounded by S.R. 41, E. Vine Avenue, Elm Avenue, and E. North Avenue contains no residential areas or sensitive receptors. (Cf. Report at 8 [“The addition of truck regulated areas aims to reduce the number of truck routes present in residential areas.”].)
I understand the City asserts that the removal of Elm Avenue as a Truck Route is only intended to limit bypass trips on Elm Avenue, and that the City does not intend to prohibit trips to a business from a freeway. While that might be accurate, my clients are concerned that the lack of a Truck Route adjacent to or near their properties and their location in a Truck Regulated Area will be used in the future by project opponents, the City, and other public agencies to assert that affected landowners and businesses sh ould be denied discretionary approvals. They are likewise concerned about potential arguments that their present and future operations are inconsistent with the City’s plan -level documents and policies, as well as the air pollution and exposure reduction strategies included in the AB 617 Community Emission Reduction Program.
The City should at a minimum provide assurances that the location of a business within a Truck Regulated Area and/or the lack of an adjacent Truck Route shall not be used to limit , deny, or discourage an otherwise lawful land use.
In addition, f rom a practical perspective, eliminating arterials upon which significant industrial businesses are currently located as Truck Routes may actually impede the primary objectives of the Report . S pecifically, one of the core objectives of the Report is the identification and prioritization of infrastructure designed to improve the interface between industrial and residential land uses—i.e., the installation of bike lanes, crosswalks, sidewalks, and
1 The same is true of other arterials, including E. Central Avenue, on which numerous light industrial land uses are located.
WANGER JONES HELSLEY PC
Andreina Aguilar
City of Fresno
May 22, 2024
4872-9396-8064, v. 3
signage; the elimination of queuing; fixing damag ed street surfaces and potholes; and synchronizing traffic signals. All areas within South Central Fresno that will continue to experience truck traffic should be prioritized for these improvements; however, by eliminating some of those areas —such as Elm Avenue —as Truck Routes, improvements that would benefit both residents and business owners are less likely to be identified, funded, and implement ed.
Rather than recommending the removal of Truck Routes on arterials where trucks are currently operating, and will continue to operate in the future, the Report should instead acknowledge existing and likely future conditions, and prioritize improvements in areas that could benefit most from those improvements.
B. The Lack of Linear East -West Bypass Routes South of S.R. 180 Will Result in Longer Vehicle Trips and More Trucks on Local Roadways When the truck rerouting study was initially proposed, the San Joaquin Valley Air Pollution Control District asserted the Report would have “indirect benefits” i f “the results of the study identify feasible alternative truck routes that have the potential to reduce resident’s [ sic] exposure to emissions from heavy-duty vehicles without shifting emissions to another community or resulting in a significant impact to regional air quality through an increase in vehicle miles traveled (VMT) . . . .” (See San Joaquin Valley Air Pollution Control District Project Plan: South Central Fresno Community Emission Reduction Plan: HD.11 Heavy Duty Truck Rerouting at 3.) Now that the Report has been released, this does not appear to be the case.
Specifically, Figure 4 does not designate any east-west corridors as Truck Routes south of S.R. 180. This would eliminate the capability of trucks driving eastbound or westbound to drive through portions of the City without being forced to take lengthy detours, resulting in an increase in VMTs. For example, a truck traveling eastbound on Je nsen Avenue (from the direction of Kerman) would be forced to turn right on Marks Avenue , going approximately two miles out of the way, before heading in an eastbound direction again on E. Central Avenue; however, because E. Central Avenue east of S.R. 41 is not designated as a Truck Route, the truck would then have to travel two miles northbound on S.R. 41 to get back to Jensen Ave. This is inefficient, contrary to the objectives of AB 617, and makes little practical sense. To the extent the Report recommends the elimination of all east-west corridors south of S.R. 180, the Report should be augmented to include an assessment of whether the location of the proposed Truck Routes and Truck Regulated Areas would increase VMTs.
C. The Report Should Not Include the New Recommendation that Would Mandate Deployment of Zero-Emissions Trucks
Based on recommendations contained in the UC Merced Health Impact Assessment, I understand the Report was recently modified to recommend that area businesses transition to Zero-Emissions Trucks. CARB has already adopted regulations such as the Advanced Clean Fleets regulation and the Advanced Clean Truck regulation to foster the transition to ZEVs, and any effort by the City to adopt similar regulations would substantially o verlap with CARB’s
WANGER JONES HELSLEY PC
Andreina Aguilar
City of Fresno
May 22, 2024
4872-9396-8064, v. 3
generally-applicable regulations. This would at best be a wasteful effort that is largely duplicative of CARB’s efforts. However, there is a greater danger that the City could create conflicting regulatory requirements that would resul t in confusion and extensive compliance costs for regulated industry. This is of particular concern since ZEVs (i) are not widely available; (ii) are vastly more expensive than trucks with combustion engines, (iii) cannot carry the same load as a truck with a combustion engine; and (iv) would require extensive infrastructure upgrades (both at individual project sites and across California’s roadway network).
To the extent the Report includes a recommendation to mandate ZEVs, the Report should be expanded to address the potential unintended consequences of such a mandate, including:
Impacts associated with the increased number of ZEVs needed to haul the same amount of goods compared to combustion engines, including the impact of the increased number of ZEVs would have on VMTs. Because ZEVs are heavier than trucks with combustion engines, the impacts of such a mandate on the upkeep of local roadways.
The economic and environmental impacts associated with area businesses being required to upgrade their facilities to accommodate ZEVs, including charging infrastructure.
The economic impact on area businesses required to purchase ZEVs on an accelerated timetable.
The availability (or lack thereof) of ZEVs in the marketplace. Whether regional charging infrastructure exists to accommodate ZEVs at this time, and when such infrastructure may be developed.
It is also questionable whether the City has the legal authority to require businesses to use zero emissions vehicles. Under Section 209(a) of the Clean Air Act, states and their political subdivisions are preempted from adopting or attempting to enforce standards relating to the control or emissions from new motor vehicles. (Se e Engine Mfrs. Ass’n v. S. Coast Air Quality Mgmt.
Dist. (2004) 541 U.S. 246.) While states, such as California, can seek a waiver of 209(a)’s preemptive effect, Section 209’s waiver provisions apply only to states —not their political subdivisions.
///
///
WANGER JONES HELSLEY PC
Andreina Aguilar
City of Fresno
May 22, 2024
D. Conclusion
Thank you for your consideration of these important comments.
Respectfully submitted,