City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01190 June 28, 2022
Title: Update on Chapter 8.70 Relating to Portable Leaf Blowers
Location: Citywide
Recommendation: Receive and file.
Contact: Peter Lemos, Code and Housing Enforcement Chief, (916) 808-8183, [email protected]
, Community Development Department
Presenter: Peter Lemos, Code and Housing Enforcement Chief, (916) 808-8183, [email protected], Community Development Department
Attachments:
1-Description/Analysis
Description/Analysis
Issue Detail: The use of leaf blowers creates several types of emissions, including engine exhaust, refueling emissions and fugitive dust emissions. The most significant health impact created by leaf blowers comes from the fugitive dust emissions and noise created during operations. Leaf blower dust entrained from streets can aggravate asthma and other upper- respiratory conditions when inhaled. The use of portable gasoline-powered blowers when the Air Quality Index (AQI) is high has created health concerns. According to the Sacramento Metropolitan Air Quality Management District (SMAQMD), the AQI exceeded 100 an average of 34.4 days dating back to 2014. Councilman Jeff Harris had requested that the City consider amending the city code to prohibit the use of all blowers whether electric or gas-powered when particulate matter measuring 2.5 micrometers or less (Current PM2.5 AQI) for downtown Sacramento, as reported by SMAQD is 101 and above.
On March 22, 2022, Councilman Jeff Harris requested that staff return to City Council with a report back on the education, outreach, and enforcement that has been conducted.
Policy Considerations: Health concerns regarding the use of leaf blowers has created the need for a regulatory ordinance. On November 10, 2020, City Council adopted chapter 8.70 of the Sacramento City Code relating to portable blowers to define “Air Quality Index” as the “Current PM2.5 AQI” for downtown Sacramento, as reported by SMAQMD on the website page http://www.sparetheair.com/aqi.cfm
. The code also prohibits operating a portable blower
when the air quality index is 101 and above.
Economic Impacts: Gardeners and landscape contractors had cited the superiority of gas leaf blowers as gardening tools compared to rakes and other alternatives. They also argued that the additional time it may take to use alternative methods may have a negative economic impact on these businesses because of lost productivity, and potentially result in increased cost to the consumer.
Environmental Considerations: The adopted ordinance prohibits the use of gas and electric leaf blowers when the air quality index as reported by SMAQD is 101 and above. Prohibition of the use of leaf blowers does not have any significant adverse effects on the physical environment.
Sustainability: The city code defines AQI for Sacramento and prohibits the use of leaf blowers when the AQI is 101 and above could improve public health outcomes by potentially reducing cases of asthma and upper respiratory ailments, resulting in a more resilient community.
Commission/Committee Action: On February 12, 2020, staff requested direction from the Law and Legislation Committee on amending the city code to prohibit use of the use of leaf blowers when the AQI is 101 and above. The committee directed staff to return with an ordinance for consideration. On November 10, 2020, the City Council adopted chapter 8.70 of the Sacramento City Code relating to portable blowers.
Rationale for Recommendation: According to SMAQD, the AQI exceeded 100 an average of
34.4 days dating back to 2014. Due to recent wildfires throughout California this year, the AQI has been well above 100 often
https://preview.redd.it/v7686vm6ib491.jpg?width=4032&format=pjpg&auto=webp&s=2d724e46 16c3626f23a444a8d382ee2a56f2f9b1registering as “unhealthy for sensitive groups” up to “hazardous.” The city code prohibits use of leaf blowers that further decrease air quality.
Financial Considerations: Monitoring and enforcement costs related to restricting the use of leaf blowers when the Air Quality Index is 101 and above have been absorbed within the Code Compliance Division in the Fiscal Year 2021/22 operating budget. No additional funding was provided to support monitoring, outreach, education, equipment, or enforcement of the code.
Local Business Enterprise (LBE): Not applicable.
Background: Sacramento City Code section 8.68.180 prohibits the use of gasoline-powered blowers on residential property or within two hundred (200) feet of residential property, except between the hours of nine a.m. and six p.m. Monday through Saturday and between the hours of ten a.m. and four p.m. on Sunday. It also prohibits the use of portable gasoline-powered blowers that exceed certain decibel levels, but the scope of enforcement is limited because leaf blower use is transient and short in duration. Over the years, the City Council and staff have received complaints about leaf blowers and occasional requests from the public calling for a ban or restriction of leaf blower operations. Other than the applicable provisions of the City’s noise regulation (Chapter 8.68 Noise Control) leaf blower use was not previously regulated.
Gas-powered leaf blowers can be a source of air pollution. Most gasoline-powered leaf blowers have two stroke engines, which mixes fuel with oil. Over 30 percent of the fuel used by gas-powered leaf blowers fails to completely combust, releasing several air pollutants such as carbon monoxide, nitrous oxide, and hydrocarbons. Both electric and gasoline-powered leaf blowers generate considerable amounts of dust, noise and exhaust impacting residents, businesses, pedestrians, and others who may be in the immediate area at the time when this equipment is in use.
Health impacts that result from the use of leaf blowers are generated by leaf blower engine exhaust, dust, and noise. According to SMAQD, the most significant health impact created by leaf blowers comes from the fugitive dust emissions and noise created during operation. Leaf blower dust entrained from streets can aggravate asthma and other upper-respiratory conditions when inhaled by passersby on a short-term basis. If exposure is on a long-term basis, as it would be for landscape workers, particulates in the dust may contribute to serious health issues.
In August 2020, California began experiencing an “Extreme Heat Event” causing record- breaking temperatures and Red Flag warnings throughout the state. This event resulted in widespread lightning strikes, sparking hundreds of wildfires throughout the state. In response, Governor Gavin Newsom proclaimed a state of emergency. And the President of the United States declared that a major disaster exists in California.
Wildfire smoke contains a mix of harmful pollutants including particulate matter that cause several health problems including but not limited to pulmonary inflammation, altered immune function, increased susceptibility to respiratory illness. It also exacerbates existing health conditions such as asthma, respiratory and cardia distress, chronic obstructive pulmonary disorder, and other lung diseases.
PM 2.5 particles can migrate hundreds of miles and remain the air for days or weeks. Portable blowers contribute to air pollution by emitting particulate matter and contribute to air pollution by blasting air at high velocities to move leaves and other debris. This also makes particulate matter that had settled and other surfaces on the ground airborne.
To minimize economic impact to gardeners and landscape contractors that utilize leaf blowers and to protect the health and safety of the public, Councilman Jeff Harris requested amending the city code to prohibit the use of all blowers when the AQI is at or above 100. According to SMAQD, the AQI exceeded 100 an average of 34.4 days dating back to 2014.
On November 10, 2020, the City Council approved adding chapter 8.70 of the Sacramento City Code relating to portable blowers to define “Air Quality Index” as the “Current PM2.5 AQI” for downtown Sacramento, as reported by SMAQD on its website http://www.sparetheair.com/aqi.cfm
. This ordinance also prohibits operating a portable blower when the air quality index PM 2.5 is 101 and above.
Program update
Since the adoption of the ordinance, the Community Development Department (CDD) has received 458 complaints regarding blowers and mailed 501 notices to property and business owners citing restricted use of blowers. Only four complaints were received that pertained to the Air Quality Index (AQI) restriction. According to SMAQD, in 2021, the AQI P.M 2.5 exceeded 100 a total of 11 days in the Sacramento region. Nine of the 11 days were in the month of August and only 6 days were detected at the downtown T Street monitor. Staff believes the limited number of days where the AQI exceeded 100 is the main contributing factor to the low volume of complaints. Most of the complaints received pertained to Sacramento City Code 8.68.180, which prohibits the use of a gas-powered blower before certain hours.
CDD continues to respond to complaints and conduct education. Since the adoption of the ordinance, staff has focused on outreach. Staff first mailed a one-page mailer to 375 landscaping businesses. The list of businesses was obtained from the city’s Business Operating Tax (BOT) Certificate program and provided to CDD by the Department of Finance.
The mailers were provided in English and Spanish and explained the new restrictions, how the law applied to businesses and residents, when the law went into effect, specifics regarding the AQI and how the ordinance would be enforced.
CDD also created the website, www.cityofsacramento.org/blowerban , which provides links to
the ordinance, a presentation outlining details of the ordinance, the Air Quality Index tool found on the SMAQD website, and a Frequently Asked Questions (FAQ) page. The FAQs were reviewed and drafted in partnership with SMAQD. The FAQs were also provided to the local chamber of commerce offices and published in several local neighborhood publications.
Several in-person presentations to landscaping companies have also been provided. The presentation was often delivered by bilingual staff to ensure the business owners, operators and employees understood the amendments and restriction when the AQI is 101 and above.