City Council
Report
City Council Meeting: July 25, 2023
Agenda Item: 10.D
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the Environment
Subject: Introduction and First Reading of Ordinance Amending SMMC Sections
4.08.270 and 4.12.180 to Authorize Electric Leaf Blowers Recommended Action
Staff recommends that the City Council
1. Introduce for first reading the attached ordinance amending sections 4.08.270 and 4.12.180 of the Santa Monica Municipal Code to authorize the use of electric leaf blowers.
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) and finding of Categorical Exemption pursuant to Section 15307 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.
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Executive Summary
All motorized leaf blowers have been prohibited in the City of Santa Monica since 1990 due to the pollution, noise, and health impacts attributed to their use. Though banned, gas-powered leaf blowers are still commonly used in Santa Monica. While gas-powered leaf blowers are among the highest polluting gas-powered devices and are a nuisance due to their noise, there have been advancements in electric leaf blower technology.
Staff recommends repealing section 4.08.270 of Santa Monica Municipal Code (SMMC) and amending section 4.12.180 to allow for electric leaf blowers, which may incentivize users to convert from gas-powered to electric leaf blowers, and to target enforcement at the owners or occupants of property who may either violate this provision or employ those who do, rather than punishing those who may be least able to pay fines.
Background
Currently, SMMC Section 4.08.270 prohibits all leaf blowers in Santa Monica: “No person shall operate any leaf blower (gas, electric, or battery powered) within the City. A leaf blower is defined as any motorized tool (gas, electric, or battery powered) used to propel fallen leaves and debris for removal. Infractions will be punishable by substantial fines to property owners, property and landscape management companies, individual operators, and/or water customers.”
Cities throughout California have taken steps to address leaf blower pollution and noise through local ordinances since the 1970s. These bans have primarily focused on reducing noise pollution generated by leaf blowers, whereas more recent state legislation targets air pollution.
In recognition of the negative environmental and health impacts associated with gaspowered landscape equipment, state policy is phasing out their use beginning in 2024.
In 2023, the California Air Resources Board (CARB) launched the Clean Off-Road Equipment Voucher Incentive Project (CORE) to accelerate the purchase of zeroemission off-road equipment in California, which includes electric leaf blowers. The CORE program provides a point-of-sale discount to help offset the incremental cost of zero-emission technology for professional landscaping services operated by small 3 of 5
businesses or sole proprietors. The program offers up to $300 per handheld zeroemissions leaf blower and up to $400 per backpack leaf blower. CORE does not require scrappage of existing internal combustion engines.
In 2021, CARB approved a measure that requires most newly manufactured small offroad engines such as those found in leaf blowers, lawn mowers and other equipment to be zero emission starting in 2024. The requirement, an amendment to CARB’s existing small off-road engine (SORE) regulations first adopted in 1990, applies to manufacturers and will impact new equipment (Model Year 2024 and later) only. The measure allows residents to operate current CARB-compliant gasoline-powered equipment and does not “ban” using older models or used equipment purchased in the future.
Past Council Actions
Meeting Date Description
3/14/2023 (Attachment B) 16-item with proposed modifications to SMMC 4.08.270 and 4.12.180 to allow electric leaf blowers.
3/26/1991 (Attachment C) City Council adopted Ordinance No. 1578 prohibiting the use of all motorized leaf blowers.
Discussion
Despite the long history of the ban on leaf blowers in Santa Monica, violations are frequently witnessed by City residents and staff, and the Code Enforcement division has limited capacity to issue citations. Repealing Section 4.08.270 would allow for leaf blowers, and amendments to Section 4.12.180 would enhance enforcement by allowing staff to accept video evidence of violations. The party responsible for compliance would include the property owner, owner, tenant, business owner, or manager rather than the employee of the entity if the employee was provided a prohibited device by a responsible party.
The proposed amendment to Section 4.12.180 also prohibits the sound rating of electric leaf blowers that exceed 70 decibels. Gas-powered leaf blowers often have sound ratings between 80-100 decibels.
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At the April 18, 2023, meeting of the Commission on Sustainability, Environmental Justice, and the Environment Motion Regarding the Leaf Blower Ordinance, the Commission recommended that City Council adopt modifications to the Leaf Blower ordinance as proposed and recommended that the City invest appropriate resources to effectively communicate the changes to the gardening community in order to make the ordinance effective (Attachment D).
Environmental Review
The amendments to the SMMC allowing the use of electric blowers are exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption), Section 15307, and Section 15308 of the CEQA Guidelines. Section 15307 exempts (Class 7) actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Section 15308 exempts (Class 8) actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. As stated previously, despite current City regulations that prohibit their use, motorized leaf blowers are frequently used under existing conditions. Enforcement of the current ban on blowers is difficult as violators can be difficult to track. Amending Section 4.12.180 of the SMMC will help the transition from gas to electric blowers, which is less impactful on the environment. The amendments to the SMMC would also establish noise restrictions on decibel level of blowers, ensuring that noise levels will be consistent with the ambient urban noise environment. Therefore, as compared to existing conditions where blower violations are commonplace, amendments to the SMMC would incentivize a more effective transition to cleaner and quieter electric blowers. Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment. The amendments are exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption), Section 15307, and Section 15308 of the CEQA Guidelines.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Elias Platte-Bermeo, Sustainability Analyst Approved Forwarded to Council
Attachments:
A. Electric Leaf Blower Ordinance
B. March 14, 2023 Staff Report (web link)
C. March 26, 1991 Council Meeting Minutes (web link)
D. April 2023 Commission Meeting Minutes_Electric Leaf Blower Ordinance E. Written Comments
F. PowerPoint Presentation