DD1254 Air Quality Programme and Resourcing

1.1 Improving air quality is a priority for the Mayor. Since he was first elected Low Emission Zone standards have been tightened, measures have been taken to reduce emissions from the bus fleet and the oldest, most polluting taxis have been retired. These and other measures have reduced the emissions of oxides of nitrogen (NOx) by an estimated 20 per cent and of small particles (PM10 and PM2.5) by an estimated 15 per cent since 2008. London (alongside Manchester and Birmingham) is in breach of NO2 limit values and are not forecast to be compliant until the 2030s without further action. Although the number of people living in areas exceeding EU limit values for NO2 has halved, more needs to be done in order that air quality consistently meets European limit values designed to protect human health. In light of this, the Mayor has also set out proposals for an Ultra Low Emission Zone (ULEZ) in central London from 2020.
1.2 In addition to the pressing environmental and public health rationale for improving air quality, the Mayor has statutory responsibilities in relation to air quality, set out in the Ambient Air Quality Directive and related regulations, the Environment Act 1995 (as amended) and the Greater London Authority Act 1999. The Mayor, alongside the Government, London boroughs and other relevant public bodies, has a duty under EU law to take appropriate measures within his powers to ensure the implementation of European legislation, including bringing any infractions of the Ambient Air Quality Directive NO2 limit values to an end as soon as possible.
1.3 The Mayor’s powers include managing in London the Local Air Quality Management (LAQM) process under the Environment Act 1995, with powers to direct the boroughs to take action if necessary. It is widely accepted that the current LAQM process is not fit for purpose with the Department for Environment, Food and Rural Affairs (Defra) now consulting on amending it to make it more effective.
1.4 This request puts in place the additional resources needed to allow the GLA to comply with its legal duties, by providing staff support and additional funding for the activities mentioned in paragraphs 2.4 and 2.5 below. Given the need to take further action and to continue fulfilling the Authority’s statutory obligations the Executive Director of Development, Enterprise and Environment (DE&E)is asked to provide additional resources to fulfil an air quality programme in 2014/ 15 as set out below. The Executive Director of DE&E is also asked to approve an extension of the delivery of the School’s Clean Air Zone Project (see paragraph 3.4 below), and to reallocate JOAQUIN funding (see paragraph 2.6 below).
1.5 The Mayor’s air quality programme for 2014/15 includes and builds upon activity included in MD987, MD1121, MD1314, DD944 and DD998.
1.6 The GLA’s Investment and Performance Board (IPB) in May 2014 has endorsed the proposed air quality programme for 2014/15 as set out below and recommended that an additional £107,000 from the central programme budget be allocated to it. This is required to cover the costs of the additional activity set out below of £60,000 and £47,000 to fund an 11-month fixed term contract for a Grade 8 post. It is the intention that the post become permanent as an additional full-time post from April 2015 onwards, subject to the budget prioritisation process which will take place this Autumn.

2 Air Quality Programme and Resourcing

Air Quality Programme (2014-15)

2.1 The following sets out the air quality programme for 2014/15. (Please note that this excludes business as usual tasks such as briefings, Mayor’s Questions and correspondence.)

Areas to be delivered jointly with Transport for London

2.2 In fulfilment of previous IPB recommendations, over the last few months GLA and TfL officers have been working closely to develop a shared work programme to delivers improvements in air quality while maximising economies of scale. This approach has had the effect of reducing costs borne directly by the GLA and increasing the overall air quality budget. Areas of partnership include:
• development of air quality policy such as the Transport Emission Action Plan, Ultra Low Emission Zone, zero emission capable taxis and hybrid/electric buses.
• the joint delivery of a new air quality programme for schools (a separate programme update will be provided to IPB at a later date);
• integrating the London Atmospheric Emissions Inventory and London Energy Greenhouse Gases Inventory (LEGGI) to develop a single inventory, to deliver efficiencies, ensure consistency and reduce duplication;
• joint working on a new air quality alert service to ensure that emergency services, key agencies, schools, hospitals and vulnerable Londoners are appropriately informed in the run up to an air pollution episode; and
• joint working on quantifying health and economic impacts of air pollution to inform business case development and lobbying.

The Audit Report mentioned Action should be taken by the GLA to secure and collect funding committed by Transport for London for Air Quality initiatives

Additional resourcing

2.3 The majority of the above activities are already funded either directly by the GLA (e.g. through the provision of staff or by previous decisions implementing IPB recommendations), by European funding or in partnership with Transport for London.

2.4 However, there are a number of additional urgent items which are not currently funded. IPB endorsed the allocation of additional resources from the central programme budget to cover these costs, which are as follows:

2.5 In addition to the above, funding of up to £47,000 is required to resource a fixed term contract for a Grade 8 post for 11 months (May 2014 – March 2015) to develop, deliver and operate a new London-specific Local Air Quality Management framework and to undertake other statutory functions in relation to air quality (see Appendix 1). This post would report to the existing Grade 10 Principal Policy and Programmes Officer (Air Quality) post. It is the intention that the post become permanent as an additional full-time post from April 2015 onwards, subject to the budget prioritisation process which will take place in the Autumn.

Reallocation of JOAQUIN funding

2.6 The GLA will receive £167,000 from the Joint Air Quality Initiative (JOAQUIN). The GLA has recently hosted a joint event with the City of London Corporation at Mansion House to launch the Air Quality Manifesto and Cleaner Air Boroughs. The GLA’s share of costs is £13,000. This was originally to be covered by the Environment Team programme budget but we have now been informed it is eligible for reimbursement from the JOAQUIN project. Approval is sought to reclaim this funding from JOAQUIN, reallocate funding to be received as set out under MD1314 accordingly and to provide a grant for the same amount to City of London Corporation to compensate them for the GLA’s share of costs incurred for the air quality Mansion House event.

3. Follow up to audit process

3.1 In 2014 the GLA Environment Team was audited. As part of this the activities of the Air Quality Unit were reviewed. The outcome was successful with the Audit Report concluding that the “control framework is adequate and controls to mitigate key risks are generally operating effectively.”

3.2 Two recommendations relating to the Air Quality Unit were included in the report as follows:

3.3 Regarding item 1, the ongoing arrangements with TfL are now set out in 2.2 of this DD.

3.4 In fulfilment of item 2 of the management response to the Audit Report, the Executive Director is asked to approve an extension of the delivery of the School’s Clean Air Zone Project (authorised under MD1121) until January 2015 to enable the resolution of outstanding contractual processes, communications work and other issues. This does not affect formal delivery of the programmes and infrastructure at the schools, which are now substantively complete.

4.1 Under section 149 of the Equality Act 2010, in making this decision “due regard” must be had to the need to eliminate unlawful discrimination, harassment and victimisation as well as to advance equality of opportunity and foster good relations between people who have a protected characteristic and those who do not. Protected characteristics include age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, gender, sexual orientation (and marriage or civil partnership status for the purpose of the duty to eliminate unlawful discrimination only). The equalities impacts have been taken into account in developing these proposals.

4.2 There is currently significant exposure of the London population to levels of NO2 above the EU limit value and that this exposure is predicted to decline significantly (86%) by 2020. However, current modelling results show that in 2020 there will still be more than 300,000 people living in locations with average NO2 above the EU limit value. In contrast, average concentrations of particles (PM10 and PM2.5) were, by 2010, already within EU Limit Values for the annual average concentrations.

4.3 Populations living in the most deprived areas are on average currently more exposed to poor air quality than those in less deprived areas. 51% of the LSOAs within the most deprived 10% of London have concentrations above the NO2 EU limit value. This is in contrast to 1% above the NO2 EU limit value in the 10% least deprived areas. However there is a wide variation in pollution concentration values across the social gradient, with all deciles showing a large range between minimum and maximum values.

4.4 In developing and designing this programme we have worked with the London boroughs and other stakeholders to develop our proposals as well as taking Londonwide action. The provision of alerts services for vulnerable Londoners explicitly reflects and responds to health inequalities. In shaping our interventions with schools, a prioritisation based on exposure and key boroughs identified above will ensure that limited resources are targeted in such a way that they both tackle air pollution while also reducing social and health inequality.

a) Key risks and issues

5.1 Non-compliance with EU limit values for NO2 has potential for causing significant reputational, financial and legal risk to the GLA, boroughs and the UK Government. The air quality programme has been partly designed to fill existing gaps in GLA activity and is an important part of the mitigation of that risk.

b) Links to Mayoral strategies and priorities

5.2 Mayoral strategies

• Mayor’s Air Quality Strategy (MAQS):
o Policy 3: Identifying priority locations and improving air quality through a package of local measures
o Policy 4: Reducing emissions from public transport, including buses
o Policy 12: Raising public awareness of air quality issues
‘Develop a central air quality website for London on the GLA website, which will include data, technical information and advice on how to improve air quality.’
o Policy 14: The Mayor will assist boroughs in carrying out the exercise of their statutory duty to improve air quality in London.
• Mayor’s Transport Strategy (MTS):
o Proposal 92: Reducing emissions from public transport, including buses
o Proposal 94: Introducing targeted local measures at poor air quality priority locations to reduce emissions and improve local air quality.
• Mayor’s Health Inequality Strategy (MHIS):
o Commitment 22: Improve the quality of London’s existing homes and neighbourhoods, especially in those areas with the poorest levels of health.

c) Impact assessment and consultation

5.3 No further impact assessment or consultation is required in respect of the decisions for which approval is sought under this Decision Form. A comprehensive impact assessment was undertaken for the development of the Mayor’s Air Quality Strategy which they partly implement. There was also an extensive public and stakeholder consultation as well as formal consideration by the London Assembly. Going forward Defra, the boroughs and relevant stakeholders, including the London Assembly, will be consulted on the proposed new London LAQM Framework and Guidance. Relevant impact assessments will also be undertaken at the appropriate stage.

6.1 Approval is sought for expenditure of £107,000 to deliver the approved air quality programme for 2014/15 as set out in 2.4 and 2.5 above, funded from the 2014/15 central programme budget. This is required to cover the costs of the additional activity of £60,000 set out in table 2.4 above and £47,000 to fund an 11-month fixed term contract for a Grade 8 post.

6.2 Funding for this expenditure is available in 2014/15 only. If a budget carry forward into 2015/16 is required, a request will need to be submitted and is subject to approval as part of the 2014/15 year end process. There is no on-going funding available for this fixed-term post to be extended at the end of the contract period; therefore any decisions regarding the establishment for 2015/16 will be subject to approval as part of the budget prioritisation process, which will take place in October.

6.3 Approval is also sought to claim £13,000 from the EU Joint Air Quality Initiative (JOAQUIN) funding set out under MD1314 and to provide a grant for the same amount to the City of London Corporation to cover the cost of the Mayor’s Air Quality Mansion House event held on 29th July 2014 as set out in paragraph 2.6 above. There are no financial implications to this decision as income from EU will be used to reimburse City of London Corporation.

6.4 The Executive Director of DE&E is also asked to approve an extension of the delivery of the School’s Clean Air Zone Project authorised under MD1121 until January 2015 to enable the resolution of outstanding contractual processes, communications work and other issues as set out in paragraph 3.4. There are no financial implications in extending the delivery till January 2015.

6.5 If part of the programme relates to contracts, officers have to ensure that the requirements of the Authority’s Contracts & Funding Code are adhered to. Also if any contracts are consultancy based, officers also have to ensure that the requirements relating to consultancy services within the Authority’s Financial Regulations and Expenses & Benefits Framework are adhered to.

6.6 All requisite budget adjustments will be made and any changes to this proposal must be subject to further approval via the Authority’s decision-making process.

6.7 The Environment Team within the Development, Enterprise and Environment Directorate will be responsible for managing this project and associated funding agreements.

7.1 No particular legal implications arise from the decisions sought that have not already covered elsewhere in this report.