ORDINANCE NO. BL2010-825

SUBSTITUTE ORDINANCE NO. BL2010-825

An ordinance amending Chapter 12.44 of the Metropolitan Code to provide for free parking for vehicle owners that purchase carbon offsets.

WHEREAS, the June 2009 report from the Mayor’s Green Ribbon Committee on Environmental Sustainability established a goal of reducing the Metropolitan Government’s greenhouse gas emissions back to 2005 levels by 2012; and

WHEREAS, in order to accomplish this goal, the Green Ribbon Committee recommended that the Metropolitan Government create a Carbon Offset program to fund local green projects designed to offset greenhouse gas emissions; and

WHEREAS, the Metropolitan Council recently enacted an ordinance providing for free parking for certain “clean technology” vehicles; and

WHEREAS, many of these clean technology vehicles are outside the price range that the average citizen can afford; and

WHEREAS, in order to provide a wider range of citizens an incentive to reduce their carbon footprint, and in furtherance of the Green Ribbon Committee’s recommendation, it is in the best interest of the Metropolitan Government to provide free metered parking downtown for vehicle owners that purchase the required carbon offsets.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 12.44 of the Metropolitan Code is hereby amended by adding the following new Section 12.44.080:

12.44.080 Free metered parking for vehicle owners that purchase carbon offsets.
A. Notwithstanding the provisions of Section 12.44.040, no parking payment shall be required for a vehicle parked in a parking metered space located within the boundaries of the Downtown Central Business Improvement District, as designated by Section 2.177.010 of the Metropolitan Code, for a duration not to exceed the posted time limit on the meter if the vehicle is displaying a valid sticker issued by the Davidson County Clerk evidencing that the vehicle has purchased the required carbon offsets as provided in this section. The County Clerk shall determine the proper place on the vehicle to which the sticker is to be affixed so as to maximize visibility for the benefit of the parking patrol officers.
B. The carbon offset vehicle stickers shall only be available for private passenger vehicles. In order to obtain the free parking sticker, the private passenger motor vehicle owner shall purchase carbon offsets from a qualified nonprofit organization that uses the carbon offset funds for carbon counterbalance projects within the area of the metropolitan government. Such carbon offsets shall be purchased for the calendar year in which the free parking sticker is to be issued.
C. The Davidson County Clerk shall have the authority and responsibility for issuing carbon offset vehicle stickers for qualifying motor vehicles. Each sticker shall be valid for a period of one (1) year and shall be issued at the time the motor vehicle is registered. The private passenger motor vehicle owner shall present to the County Clerk a certificate from the qualified nonprofit organization evidencing that the dollar amount of the carbon credits purchased coincides with the carbon footprint of the motor vehicle for which the parking permit is sought.
D. The County Clerk shall be entitled to collect an annual fee of ten dollars ($10.00) from the applicant for each carbon offset vehicle sticker issued. All fees collected for the carbon offset vehicle stickers shall be deposited in the general fund of the general services district to assist in offsetting the administrative costs incurred by the County Clerk for issuance of the stickers and enforcement of the ordinance by the Department of Public Works.
E. The provisions of this section pertaining to the issuance of parking stickers for carbon offset vehicles shall become effective July 1, 2011, and shall expire and be null and void on June 30, 2013, unless extended by resolution of the council of the Metropolitan Government of Nashville and Davidson County. This provision, commonly known as a "sunset provision," is included to ensure that the effectiveness and necessity of this section is reviewed by the metropolitan council after its adoption.

Section 2. The Metropolitan Police Department and the Department of Public Works shall take the appropriate action necessary to educate parking patrol personnel regarding the provisions and enforcement of this Ordinance.

Section 3. The Metropolitan Clerk is directed to send a copy of this Ordinance to the Davidson County Clerk, the Director of Public Works, and to the Chief of Police.

Section 4. This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Charlie Tygard

Amendment No. 1
To
Substitute Ordinance No. BL2010-825

Madam President:

I move to amend Substitute Ordinance No. BL2010-825 by amending Section 1 as follows:

I. By adding the following provision at the end of subsection B.:

“For the purposes of this section, a ‘qualified nonprofit organization’ means an organization that has obtained its tax exempt status from the Internal Revenue Service and provides an acceptable protocol that will lead to the registration of its project with Gold Standard, the Verified Carbon Standard, the Climate Action Reserve, or another comparable third-party carbon offset registry or verification method approved by the department of public works. All offsets sold by a qualified nonprofit organization for use under this Section must be registered with Gold Standard, the Verified Carbon Standard, or another comparable third-party carbon offset registry or verification method approved by the department of public works.”

II. By deleting the existing subsection C. and substituting with the following new subsection C.

“C. The Davidson County Clerk shall have the authority and responsibility for issuing carbon offset vehicle stickers for qualifying motor vehicles. Each sticker shall be valid for a period of one (1) year and shall be issued at the time the motor vehicle is registered. The private passenger motor vehicle owner shall present to the County Clerk a certificate from the qualified nonprofit organization evidencing that the dollar amount of the carbon credits purchased coincides with the carbon footprint of the motor vehicle for which the parking permit is sought, and that the carbon credits will be used for a carbon offset project that will be registered with Gold Standard, the Verified Carbon Standard, the Climate Action Reserve, or another comparable third-party carbon offset registry or verification method approved by the department of public works.”

III. By adding the following new subsection F.:

“F. The department of public works shall have the authority to promulgate the necessary regulations consistent with this section to further its implementation.”

LEGISLATIVE HISTORY
Introduced:	December 21, 2010
Passed First Reading:	December 21, 2010
Referred to:	Traffic & Parking Commission - Approved 9-0 (May 9, 2011) Budget & Finance Committee Traffic & Parking Committee
Deferred to February 15, 2011:	January 18, 2011
Deferred Indefinitely:	February 15, 2011
Put back on May 17, 2011 Agenda:	May 10, 2011
Substitute Introduced:	May 17, 2011
Passed Second Reading:	May 17, 2011
Amended:	June 7, 2011
Passed Third Reading:	June 7, 2011
Approved:	June 8, 2011
By: