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fib} The use of the alternate product will not pose threats to the public <br />health and safety. <br />~4} To the extent of available resources, the city manager shall determine <br />whether all products covered by subsections 6.7101}_~3} qualify as ozone-depleting products <br />under the criteria adopted pursuant to section 6.7253}. If the manager determines that a product <br />does so qualify, the manager shall propose, by rule, to include the product on the List referenced <br />in paragraph ~1}fib} of this section. If the manager determines that a product does not so qualify, <br />the manager shall propose, by rule, that the product be excluded from the list referenced in <br />paragraph ~1}~}, <br />~5} Notwithstanding any other provision of the Eugene Code, 1971, this <br />subsection shall govern challenges to the manager's determination to include a product on the list <br />of prohibited "ozone-depleting products" referenced in paragraph (1}fib} of this section or to <br />exclude any product covered by subsection ~1} to ~3} of section 6.710. Any person who <br />commented on a proposed rule to include a product on, or to exclude a product from, the list of <br />prohibited ozone-depleting products, and who is dissatisfied with the city manager's <br />determination, may appeal that determination to a hearings official. The appeal shall be governed <br />by section 2.021 of this code. The issue decided by the hearings ofl~~cial shall be limited to <br />whether the city manager's determi.~aation is inconsistent with the criteria adopted by the city <br />manager pursuant to this section. <br />Section 2. Sections 2, 3 and 4 of Ordinance No.~ 19994 adopted by the City Council on <br />December 7,1994 are amended to read as follows: <br />ecti n 2. City of Eugene Compliance and Role-modelling. <br />The City Manager shall write purchasing criteria to minimize City purchases from <br />sources outside the City that utilize the restricted products or chemicals in the products <br />themselves, manufacturing processes, or packaging. <br />Section 3. Ozone Protection Advisory Committee. <br />~1} In order to assist in the transition process and implementation of sections <br />6.700 to 6.725 of the Eugene Code, 1971, the City Manager shall farm a departmental <br />advisory Ozone Protection Committee Committee} consisting of environmental <br />representatives, representatives of the affected commercial sectors, and members of the <br />voters pool. <br />~2} The City Manager shall forward to the Committee a draft of the Manager's <br />proposed rules to implement Section 6.7251}~c} of the Eugene Code, 1971. The <br />Committee shall review the Manager's proposed criteria and methodology for determining <br />whether a product should be included on the list of prohibited ozone-depleting products. <br />Ordinance - 4 <br />