BILL NUMBER: AB 2043	CHAPTERED  09/30/04

	CHAPTER  942
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2004
	PASSED THE ASSEMBLY  AUGUST 16, 2004
	PASSED THE SENATE  AUGUST 10, 2004
	AMENDED IN SENATE  JULY 7, 2004
	AMENDED IN ASSEMBLY  MAY 20, 2004
	AMENDED IN ASSEMBLY  APRIL 1, 2004

INTRODUCED BY   Assembly Member Lowenthal

                        FEBRUARY 17, 2004

   An act to add Section 1760 to the Harbors and Navigation Code,
relating to ports.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2043, Lowenthal.  Maritime Port Strategic Master Plan Task
Force.
   Existing law provides for the regulation of ports and harbors.
   This bill would require the California Marine and Intermodal
Transportation System Advisory Council, as defined, to meet on an
unspecified basis, hold public hearings, and compile data on certain
issues relating to the growth and congestion of maritime ports.  The
bill would request the council to compile specified information and
submit its findings in a report to the Legislature not later than
January 1, 2006, including recommendations on methods to better
manage the growth of maritime ports and address the environmental
impacts of moving goods through those ports.
     The bill would prohibit the activities of the council pursuant
to these provisions from being funded with appropriations from the
General Fund.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1760 is added to the Harbors and Navigation
Code, to read:
   1760.  (a) For purposes of this section, "council" means the
California Marine and Intermodal Transportation System Advisory
Council, a regional subunit of the Marine Transportation System
National Advisory Council chartered by the federal Secretary of
Transportation under the Federal Advisory Council Act (P.L.  92-463).

   (b) The council is requested to do all of the following:
   (1) Meet, hold public hearings, and compile data on issues that
include, but need not be limited to, all of the following:
   (A) The projected growth of each maritime port in the state.
   (B) The costs and benefits of developing a coordinated state
program to obtain federal funding for maritime port growth, security,
and congestion relief.
   (C) Impacts of maritime port growth on the state's transportation
system.
   (D) Air pollution caused by movement of goods through the state's
maritime ports, and proposed methods of mitigating or alleviating
that pollution.
   (E) Maritime port security, including, but not limited to,
training, readiness, certification of port personnel, exercise
planning and conduct, and critical marine transportation system
infrastructure protection.
   (F) A statewide plan for continuing operation of maritime ports in
cooperation with the United States Coast Guard, the federal
Department of Homeland Security, the Office of Emergency Services,
the state Office of Homeland Security, and the California National
Guard, consistent with the state's emergency management system and
the national emergency management system, in the event of a major
incident or disruption of port operations in one or more of the state'
s maritime ports.
   (G) State marine transportation policy, legislation, and planning;
regional infrastructure project funding; competitiveness;
environmental impacts; port safety and security; and any other
matters affecting the marine transportation system of the United
States within, or affecting, the state.
   (2) Identify all state agencies that are involved with the
development, planning, or coordination of maritime ports in the
state.
   (3) Identify other states that have a statewide port master plan
and determine whether that plan has assisted those states in
improving their maritime ports.
   (4) Compile all information obtained pursuant to paragraphs (1) to
(3), inclusive, and submit its findings in a report to the
Legislature not later than January 1, 2006.  The report should
include, but need not be limited to, recommendations on methods to
better manage the growth of maritime ports and address the
environmental impacts of moving goods through those ports.
   (c) The activities of the council pursuant to this section shall
not be funded with appropriations from the General Fund.