STATE HOUSE – The state will lead the way in reducing diesel emissions from construction projects and school buses to protect Rhode Islanders’ health under a new law sponsored by Sen. Joshua Miller and Rep. Raymond J. Sullivan Jr.

The legislation (2010-S 2440Aaa, 2010-H 7850A) aims to reduce pollution in Rhode Island by requiring heavy-duty diesel equipment being used for state projects to be retrofitted with emissions controls, and by implementing anti-idling standards and the use of ultra-low sulfur diesel.

“Diesel emissions are a serious risk to Rhode Islanders’ health that we have to address. Our state is among the worst five states for health risks posed by diesel pollution, and we have the eighth-highest childhood asthma rate. The technology to reduce emissions is expensive, but this new law represents a cooperative effort between the state and the construction industry to get it onto the equipment used for state construction, and to implement good construction practices that reduce citizens’ exposure to fumes,” said Senator Miller (D-Dist. 28, Cranston, Warwick).

Said Representative Sullivan (D-Dist. 29, Coventry, West Greenwich), “Construction is responsible for a surprising amount of the diesel pollution in our air – about 40 percent. There are ways we can cut down on that pollution, and some of those solutions are just simple changes in practices. Just turning off engines instead of idling makes a huge difference in eliminating unnecessary waste, and keeping engines as far away as possible from homes, schools, nursing homes and hospitals will cut down on health risks that they cause.”

The law requires that state-funded contracts for public works include provisions requiring contractors to reduce diesel emissions by setting up a staging zone away from places like schools, hospitals and homes, when possible, for diesel vehicles; limiting engine idling to less than 5 minutes, except for equipment like cement trucks that require the motor to run in order to function; and using ultra-low sulfur diesel fuel for off-road and non-road heavy-duty diesel engines, including generators.

Beginning in 2013, the law will require emissions controls on most heavy-duty diesel equipment used on state public works projects costing over $5 million. Those projects will be required to designate at least 1 percent of their total budgets for the retrofitting of heavy-duty diesel-powered equipment used on them.

The Department of Transportation will test the new standards and practices on one or more construction projects started by September of this year. The DOT will submit a report to the General Assembly on that pilot project.

Under the law, the Department of Environmental Management will establish a listing of the retrofit technology available for various types of heavy-duty diesel equipment to assist state contractors, who would be allowed to choose the equipment that would most efficiently decrease emissions on each project at the lowest possible cost.

The DEM will also gather stakeholders in the construction industry and environmental and health organizations to determine how to handle equipment that was built before 1993, since retrofitting that equipment is more difficult and expensive.

Additionally, the legislation institutes a program for retrofitting school buses to reduce their diesel emissions, taking advantage of federal funds available to reimburse school bus contractors for the emission reduction equipment. The program prioritizes the retrofitting of buses used in urban areas, and requires retrofit equipment to reach the best emissions reductions standards available for the bus on which it is installed.

The legislation was developed by a study commission that met this winter to identify the most effective and efficient ways to reduce pollution for the heavy diesel equipment that is commonly used in public works projects. The commission, which was led by Senator Miller, conducted an in-depth review of the health, environmental and economic implications of implementing a diesel emissions reduction requirement for state construction projects. The commission included environmental and health advocates, representatives of state contractors and construction workers as well as lawmakers.

For more information, contact:

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State House Room 20

Providence, RI 02903

(401) 222-2457