State gives a pass to off-road construction equipment

SACRAMENTO
February 12, 2010 11:07am

Saying California’s recession-socked construction industry doesn’t need more expense, the California Air Resources Board is holding off on enforcing required clean-air upgrades to off-road equipment.

“Over the last several years, the construction industry has felt the sting of the faltering economy with reduced activity and idled off-road equipment. This has made it difficult for contractors to pay for required clean-air upgrades to their fleets,” says CARB Executive Officer James Goldstene.

A side benefit from reduced construction activity has been a corresponding reduction in construction emissions, he notes.

“Because of this … effective immediately, and until further notice, no enforcement action will be taken for noncompliance. In addition, on March 11 an executive officer hearing will be held where stakeholders may testify on the question of whether the off-road regulations should be further modified to account for the down economy and subsequent emissions reductions,” he says.

But the decision has not been greeted with open arms by the lobby that represents many contractors.

“Yesterday's decision to 'delay' enforcement of the rule until a federal waiver is issued is as legally meaningless as it is economically damaging,” says Mike Kennedy, general counsel for the Associated General Contractors of America. “By committing to begin enforcement as soon as the federal government allows, the board is only acknowledging legal reality, not providing relief.”

Mr. Kennedy says the decision to enforce the rule as soon as legally possible “sends a chilling message to a construction industry that has lost over 116,000 jobs statewide this past year.”

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