BILL NUMBER: SB 974 AMENDED BILL TEXT AMENDED IN SENATE APRIL 30, 2007 AMENDED IN SENATE APRIL 9, 2007 INTRODUCED BY Senator Lowenthal (Principal coauthor: Assembly Member De La Torre) (Coauthors: Assembly Members Carter and Karnette) FEBRUARY 23, 2007 An act to add Article 10 (commencing with Section 63049.70) to Chapter 2 of Division 1 of Title 6.7 of the Government Code, to amend and renumber Section 1760 of, to add a heading to Chapter 1 (commencing with Section 1720) of, and to add Chapter 2 (commencing with Section 1740) to, Part 2 of Division 6 of, the Harbors and Navigation Code, relating to ports, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 974, as amended, Lowenthal. Ports: congestion relief: environmental mitigation: regulatory fee. (1) Existing law regulates the operation of ports and harbors. This bill would require the Ports of Los Angeles, Long Beach, and Oakland to collect a user fee on the owner of container cargo moving through the Port of Los Angeles, the Port of Long Beach, or the Port of Oakland at a rate of $30 per twenty-foot equivalent unit (TEU). The bill would require the Ports of Los Angeles and Long Beach to transmit 1/2 of the funds derived from imposition of the fee to the Southern California Port Congestion Relief Trust Fund, which the bill would establish in the State Treasury, and 1/2 to the Southern California Port Mitigation Relief Trust Fund, which the bill would establish in the State Treasury. The bill would require the Port of Oakland to transmit 1/2 of the funds derived from imposition of the fee to the Northern California Port Congestion Relief Trust Fund, which the bill would establish in the State Treasury, and 1/2 to the Northern California Port Mitigation Relief Trust Fund, which the bill would establish in the State Treasury. The bill would require the moneys transmitted to the Southern California Port Congestion Relief Trust Fund and the Northern California Port Congestion Relief Trust Fund to be available, upon appropriation, for expenditure by the California Transportation Commission exclusively for the purposes of funding projects that improve the flow and efficiency of container cargo to and from those ports, and funding the administrative costs of this program. The bill would prohibit moneys deposited in those funds from being loaned or transferred to, or allocated or appropriated in any other way to, the General Fund. The bill would prohibit the commission from using the funds to construct, maintain, or improve highways, with certain exceptions. The bill would require the moneys transmitted to the Southern California Port Mitigation Relief Trust Fund and the Northern California Port Mitigation Relief Trust Fund to be available, upon appropriation, for expenditure by the State Air Resources Board to develop a list of projects to mitigate environmental pollution caused by the movement of cargo to and from those ports, and for the administration of this program. The bill would prohibit moneys deposited in those funds from being loaned or transferred to, or allocated or appropriated in any other way to, the General Fund. The bill would establish a state-mandated local program by imposing these additional duties upon the ports. (2) Existing law sets forth the duties of the Infrastructure and Economic Development Bank and its board of directors generally in performing various financing transactions, including the issuance of bonds. This bill would authorize the bank to enter into financing agreements with participating parties to finance or refinance Southern California and Northern California port congestion relief projects and Southern California and Northern California port mitigation relief projects. The bank would be authorized to issue revenue bonds. User fees on container ships from the Southern and Northern California Port Congestion Relief Trust Funds and the Southern and Northern California Mitigation Relief Trust Funds would be continuously appropriated to the bank to secure any revenue bonds. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 10 (commencing with Section 63049.70) is added to Chapter 2 of Division 1 of Title 6.7 of the Government Code, to read: Article 10. Financing of Port Congestion Relief and Port Mitigation Relief 63049.70. The definitions contained in this section are in addition to the definitions contained in Section 63010 and together with the definitions contained in that section shall govern the construction of this article, unless the context requires otherwise: (a) "Credit facility" means all obligations, including principal, interest, fees, costs, indemnities, and all other amounts incurred by the bank under or in connection with any credit enhancement or liquidity agreement, including a letter of credit, standby purchase agreement, reimbursement agreement, liquidity facility, or other similar arrangement entered into by the bank. (b) "Northern California port congestion relief container fee revenue" means all of the following: (1) Income and receipts derived by the bank from Northern California port congestion relief container fees. (2) Interest and other income from investment of money in any fund or account established pursuant to an indenture for Northern California Port Congestion Relief Container Fee Revenue Bonds, other than any fund established to rebate investment earnings to the federal government. (A) Amounts on deposit in these funds and accounts, other than any fund or account established to rebate investment earnings to the federal government and any fund or account established to hold the proceeds of a drawing on any liquidity or credit support facility for these bonds. (B) Net income and net receipts derived by the bank on account of interest rate swaps with respect to these bonds. (c) "Northern California Port Congestion Relief Container Fee Revenue Bonds" means revenue bonds issued pursuant to this article that are payable from Northern California port congestion relief container fee revenue. (d) "Northern California port congestion relief container fees" means all user fees that are imposed pursuant to Section 1747 of the Harbors and Navigation Code and remitted to the Northern California Port Congestion Relief Trust Fund in the State Treasury. (e) "Northern California port congestion relief project" means each project for public development facilities and economic development facilities for which the expenditure of funds has been approved by the California Transportation Commission pursuant to Section 1751 of the Harbors and Navigation Code. (f) "Northern California port mitigation relief container fee revenue" means all of the following: (1) Income and receipts derived by the bank from Northern California port mitigation relief container fees. (2) Interest and other income from investment of money in any fund or account established pursuant to an indenture for Northern California Port Mitigation Relief Container Fee Revenue Bonds, other than any fund established to rebate investment earnings to the federal government. (A) Amounts on deposit in these funds and accounts, other than any fund or account established to rebate investment earnings to the federal government and any fund or account established to hold the proceeds of a drawing on any liquidity or credit support facility for these bonds. (B) Net income and net receipts derived by the bank on account of interest rate swaps with respect to these bonds. (g) "Northern California Port Mitigation Relief Container Fee Revenue Bonds" means revenue bonds issued pursuant to this article that are payable from Northern California port mitigation relief container fee revenue. (h) "Northern California port mitigation relief container fees" means all user fees that are imposed pursuant to Section 1747 of the Harbors and Navigation Code and remitted to the Northern California Port Mitigation Relief Trust Fund in the State Treasury. (i) "Northern California port mitigation relief project" means each project for public development facilities and economic development facilities for which the expenditure of funds has been approved by the State Air Resources Board pursuant to Section 1753 of the Harbors and Navigation Code. (j) "Southern California port congestion relief container fee revenue" means all of the following: (1) Income and receipts derived by the bank from Southern California port congestion relief container fees. (2) Interest and other income from investment of money in any fund or account established pursuant to an indenture for Southern California Port Congestion Relief Container Fee Revenue Bonds, other than any fund established to rebate investment earnings to the federal government. (A) Amounts on deposit in these funds and accounts, other than any fund or account established to rebate investment earnings to the federal government and any fund or account established to hold the proceeds of a drawing on any liquidity or credit support facility for these bonds. (B) Net income and net receipts derived by the bank on account of interest rate swaps with respect to these bonds. (k) "Southern California Port Congestion Relief Container Fee Revenue Bonds" means revenue bonds issued pursuant to this article that are payable from Southern California port congestion relief container fee revenue. (l) "Southern California port congestion relief container fees" means all user fees that are imposed pursuant to Sections 1745 and 1746 of the Harbors and Navigation Code and remitted to the Southern California Port Congestion Relief Trust Fund in the State Treasury. (m) "Southern California port congestion relief project" means each project for public development facilities and economic development facilities for which the expenditure of funds has been approved by the California Transportation Commission pursuant to Section 1750 of the Harbors and Navigation Code. (n) "Southern California port mitigation relief container fee revenue" means all of the following: (1) Income and receipts derived by the bank from Southern California port mitigation relief container fees. (2) Interest and other income from investment of money in any fund or account established pursuant to an indenture for Southern California Port Mitigation Relief Container Fee Revenue Bonds, other than any fund established to rebate investment earnings to the federal government. (3) Amounts on deposit in these funds and accounts, other than any fund or account established to rebate investment earnings to the federal government and any fund or account established to hold the proceeds of a drawing on any liquidity or credit support facility for these bonds. (4) Net income and net receipts derived by the bank on account of interest rate swaps with respect to these bonds. (o) "Southern California Port Mitigation Relief Container Fee Revenue Bonds" means revenue bonds issued pursuant to this article that are payable from Southern California port mitigation relief container fee revenue. (p) "Southern California port mitigation relief container fees" means all user fees that are imposed pursuant to Sections 1745 and 1746 of the Harbors and Navigation Code and remitted to the Southern California Port Mitigation Relief Trust Fund in the State Treasury. (q) "Southern California port mitigation relief project" means each project for public development facilities and economic development facilities for which the expenditure of funds has been approved by the State Air Resources Board pursuant to Section 1752 of the Harbors and Navigation Code. 63049.71. (a) The bank may enter into financing agreements with participating parties for the purpose of financing or refinancing Southern California port congestion relief projects and Southern California port mitigation relief projects. (b) The bank may issue bonds pursuant to this chapter as Southern California Port Congestion Relief Container Fee Revenue Bonds to finance or refinance Southern California port congestion relief projects and as Southern California Port Mitigation Relief Container Fee Revenue Bonds to finance or refinance Southern California port mitigation relief projects. The aggregate principal amount of the bonds that may be issued is unlimited, but the aggregate principal amount of the bonds that may be outstanding at any one time is five billion dollars ($5,000,000,000). The revenue bonds may also be issued to finance necessary reserves, capitalized interest, credit enhancement costs, and costs of issuance of the revenue bonds. The last date for payment of principal of any revenue bond may not be more than 30 years after the date of issuance of the revenue bond. (c) Principal of and interest and redemption premiums on Southern California Port Congestion Relief Container Fee Revenue Bonds and Southern California Port Mitigation Relief Container Fee Revenue Bonds shall be payable from, and secured by, Southern California port congestion relief container fee revenue and Southern California port mitigation relief container fee revenue, respectively, as and to the extent provided in the constituent instruments defining the rights of the holders of the bonds. 63049.72. (a) The bank may enter into financing agreements with participating parties for the purpose of financing or refinancing Northern California port congestion relief projects and Northern California port mitigation relief projects. (b) The bank may issue bonds pursuant to this chapter as Northern California Port Congestion Relief Container Fee Revenue Bonds to finance or refinance Northern California port congestion relief projects and as Northern California Port Mitigation Relief Container Fee Revenue Bonds to finance or refinance Northern California port mitigation relief projects. The aggregate principal amount of the bonds that may be issued is unlimited, but the aggregate principal amount of the bonds that may be outstanding at any one time is five billion dollars ($5,000,000,000). The revenue bonds may also be issued to finance necessary reserves, capitalized interest, credit enhancement costs, and costs of issuance of the revenue bonds. The last date for payment of principal of any revenue bond may not be more than 30 years after the date of issuance of the revenue bond. (c) Principal of and interest and redemption premiums on Northern California Port Congestion Relief Container Fee Revenue Bonds and Northern California Port Mitigation Relief Container Fee Revenue Bonds shall be payable from, and secured by, Northern California port congestion relief container fee revenue and Northern California port mitigation relief container fee revenue, respectively, all as and to the extent provided in the constituent instruments defining the rights of the holders of the bonds. 63049.73. (a) The bank may pledge all or any portion of the Southern California port congestion relief container fees to secure Southern California Port Congestion Relief Container Fee Revenue Bonds, and credit facilities for these bonds, and all or any portion of the Southern California port mitigation relief container fees to secure Southern California Port Mitigation Relief Container Fee Revenue Bonds, and credit facilities for these bonds. All Southern California port congestion relief container fees and Southern California port mitigation relief container fees so pledged are hereby continuously appropriated, notwithstanding Section 13340, without regard to fiscal years, to the bank, and, if the bank so directs, shall be paid to the indenture trustee for these bonds each month, from the Southern California Port Congestion Relief Trust Fund and the Southern California Port Mitigation Relief Trust Fund for so long as any of the bonds are outstanding. Any Southern California port congestion relief container fees and Southern California port mitigation relief container fees that are not required to be retained by the indenture trustee pursuant to the constituent instruments defining the rights of the holders of the bonds shall be remitted by the indenture trustee to the Southern California Port Congestion Relief Trust Fund and the Southern California Port Mitigation Relief Trust Fund and shall be disbursed at the request and direction of the California Transportation Commission and the State Air Resources Board, respectively, for Southern California port congestion relief projects and Southern California port mitigation relief projects that are not being financed with revenue bonds issued by the bank, and these funds are hereby continuously appropriated, notwithstanding Section 13340, without regard to fiscal years, for that purpose. (b) The state hereby pledges to and agrees with the holders of revenue bonds issued pursuant to this article, and each provider of a letter of credit, standby purchase agreement, reimbursement agreement, liquidity facility, or other similar arrangement for the benefit of the revenue bonds, that the state will not limit, alter, or restrict each pledge of Southern California port congestion relief container fees and Southern California port mitigation relief container fees permitted hereby and any other terms of any agreement made with or for the benefit of the holders of the revenue bonds or the providers or in any way impair the rights or remedies of the holders of the bonds or the providers or reduce or terminate the fees while any of the bonds remain outstanding. 63049.74. (a) The bank may pledge all or any portion of the Northern California port congestion relief container fees to secure Northern California Port Congestion Relief Container Fee Revenue Bonds, and credit facilities for these bonds, and all or any portion of the Northern California port mitigation relief container fees to secure Northern California Port Mitigation Relief Container Fee Revenue Bonds, and credit facilities for these bonds. All Northern California port congestion relief container fees and Northern California port mitigation relief container fees so pledged are hereby continuously appropriated, notwithstanding Section 13340, without regard to fiscal years, to the bank, and, if the bank so directs, shall be paid to the indenture trustee for the bonds each month, from the Northern California Port Congestion Relief Trust Fund and the Northern California Port Mitigation Relief Trust Fund for so long as any of the bonds are outstanding. Any Northern California port congestion relief container fees and Northern California port mitigation relief container fees that are not required to be retained by the indenture trustee pursuant to the constituent instruments defining the rights of the holders of the bonds shall be remitted by the indenture trustee to the Northern California Port Congestion Relief Trust Fund and the Northern California Port Mitigation Relief Trust Fund and shall be disbursed at the request and direction of the California Transportation Commission and the State Air Resources Board, respectively, for Northern California port congestion relief projects and Northern California port mitigation relief projects that are not being financed with revenue bonds issued by the bank, and these funds are hereby continuously appropriated, notwithstanding Section 13340, without regard to fiscal years, for that purpose. (b) The state hereby pledges to and agrees with the holders of revenue bonds issued pursuant to this article, and each provider of a letter of credit, standby purchase agreement, reimbursement agreement, liquidity facility, or other similar arrangement for the benefit of the revenue bonds, that the state will not limit, alter, or restrict each pledge of Northern California port congestion relief container fees and Northern California port mitigation relief container fees permitted hereby and any other terms of any agreement made with or for the benefit of the holders of the revenue bonds or the providers or in any way impair the rights or remedies of the holders of the bonds or the providers or reduce or terminate the fees while any of the bonds remain outstanding. 63049.75. Notwithstanding any other provision of law, Article 3 (commencing with Section 63040), Article 4 (commencing with Section 63042), and Article 5 (commencing with Section 63043) of this chapter do not apply to any financing provided by the bank pursuant to this article, and the principal amount of revenue bonds issued pursuant to this article and Chapter 5 (commencing with Section 63070) shall not count against the limit stated in the first sentence of subdivision (b) of Section 63071. SEC. 2. The heading of Chapter 1 (commencing with Section 1720) is added to Part 2 of Division 6 of the Harbors and Navigation Code, immediately preceding Section 1720, to read: CHAPTER 1. PORT FACILITY CONSTRUCTION SEC. 3. Chapter 2 (commencing with Section 1740) is added to Part 2 of Division 6 of the Harbors and Navigation Code, to read: CHAPTER 2. PORT CONGESTION RELIEF AND PORT MITIGATION RELIEF Article 1. General Provisions 1740. The Legislature hereby finds and declares all of the following: (a) There is a need to mitigate the enormous burden imposed on the highway transportation system serving the Ports of Los Angeles, Long Beach, and Oakland by the overland movement of cargo shipped from and to those ports. (b) The operation of the ports causes environmental pollution that requires mitigation. (c) The improvement of goods movement infrastructure would benefit the owners of container cargo moving through the ports by allowing the owners of the cargo to move container cargo more efficiently and to move more cargo through those ports. (d) The reduction of goods movement pollution would benefit the owners of container cargo moving through the ports by meeting federal air quality standards, which will allow for continued federal funding of goods movement infrastructure projects. (e) Accordingly, it is the intent of the Legislature to alleviate these burdens by imposing a fee on shipping containers processed through those ports and using the funds derived from that fee to do both of the following: (1) Improve the rail system that serves as an alternative to shipping on the highway by commercial vehicle, including, but not limited to, the ondock rail facilities at those ports. (2) Mitigate the environmental pollution caused by port operations. 1741. (a) There is hereby established in the State Treasury the Southern California Port Congestion Relief Trust Fund. (b) There is hereby established in the State Treasury the Southern California Port Mitigation Relief Trust Fund. (c) There is hereby established in the State Treasury the Northern California Port Congestion Relief Trust Fund. (d) There is hereby established in the State Treasury the Northern California Port Mitigation Relief Trust Fund. 1743. For purposes of this chapter, the following definitions apply: (a) "Board" means the State Air Resources Board. (b) "Commission" means the California Transportation Commission. (c) "Northern California Congestion Fund" means the Northern California Port Congestion Relief Trust Fund. (d) "Northern California Mitigation Fund" means the Northern California Port Mitigation Relief Trust Fund. (e) "Port" means the Port of Los Angeles, Port of Long Beach, or Port of Oakland, as appropriate. (f) "Southern California Congestion Fund" means the Southern California Port Congestion Relief Trust Fund. (g) "Southern California Mitigation Fund" means the Southern California Port Mitigation Relief Trust Fund. Article 2. User Fee 1745. (a) Beginning January 1, 2008, the Port of Los Angeles shall develop a process for notifying the owner of, and collecting a user fee from the owner of, container cargo moving through the port. (b) No later than June 1, 2008, the port shall notify the owner of cargo moving through the port that it will be assessed a user fee not to exceed thirty dollars ($30) pertwenty-foot20-foot equivalent unit (TEU). The notice shall include, but not be limited to, the process for payment of the user fee, the frequency for payment of the user fee, and that the user fee is being assessed to improve the goods movement infrastructure serving the port, to reduce pollution from all forms of equipment, vehicles, locomotives, and ships that operate at the port and bring containers to and from the port. (c) Beginning January 1, 2009, the port shall assess a user fee on the owner of container cargo moving through the port not to exceed thirty dollars ($30) per TEU. The port shall collect the fee at least twice a year. (1) The port shall remit one-half of the user fee to the Southern California Congestion Fund. Upon appropriation, moneys deposited in that fund shall be available for expenditure by the commission exclusively for the purposes of funding projects that improve the flow and efficiency of container cargo to and from the Port of Los Angeles, and to fund the administrative costs of this program. Moneys deposited in that fund shall not be loaned or transferred to, or allocated or appropriated in any other way to, the General Fund. (2) The port shall remit one-half of the user fee to the Southern California Mitigation Fund. Upon appropriation, moneys deposited in that fund shall be available for expenditure by the board to mitigate environmental pollution caused by the movement of cargo to and from the Port of Los Angeles by commercial motor vehicles, oceangoing vessels, and rail, and to fund the administrative costs of this program. Moneys deposited in that fund shall not be loaned or transferred to, or allocated or appropriated in any other way to, the General Fund. (d) The port may contract with PierPass for the collection of the user fee authorized pursuant to this section. 1746. (a) Beginning January 1, 2008, the Port of Long Beach shall develop a process for notifying the owner of, and collecting a user fee from the owner of, container cargo moving through the port. (b) No later than June 1, 2008, the port shall notify the owner of cargo moving through the port that it will be assessed a user fee not to exceed thirty dollars ($30) pertwenty-foot20-foot equivalent unit (TEU). The notice shall include, but not be limited to, the process for payment of the user fee, the frequency for payment of the user fee, and that the user fee is being assessed to improve the goods movement infrastructure serving the port, to reduce pollution from all forms of equipment, vehicles, locomotives, and ships that operate at the port and bring containers to and from the port. (c) Beginning January 1, 2009, the port shall assess a user fee on the owner of container cargo moving through the port not to exceed thirty dollars ($30) per TEU. The port shall collect the fee at least twice a year. (1) The port shall remit one-half of the user fee to the Southern California Congestion Fund. Upon appropriation, moneys deposited in that fund shall be available for expenditure by the commission exclusively for the purposes of funding projects that improve the flow and efficiency of container cargo to and from the Port ofandLong Beach, and to fund the administrative costs of this program. Moneys deposited in that fund shall not be loaned or transferred to, or allocated or appropriated in any other way to, the General Fund. (2) The port shall remit one-half of the user fee to the Southern California Mitigation Fund. Upon appropriation, moneys deposited in that fund shall be available for expenditure by the board to mitigate environmental pollution caused by the movement of cargo to and from the Port of Long Beach by commercial motor vehicles, oceangoing vessels, and rail, and to fund the administrative costs of this program. Moneys deposited in that fund shall not be loaned or transferred to, or allocated or appropriated in any other way to, the General Fund. (d) The port may contract with PierPass for the collection of the user fee authorized pursuant to this section. 1747. (a) Beginning January 1, 2008, the Port of Oakland shall develop a process for notifying the owner of, and collecting a user fee from the owner of, container cargo moving through the port. (b) No later than June 1, 2008, the port shall notify the owner of cargo moving through the port that it will be assessed a user fee not to exceed thirty dollars ($30) pertwenty-foot20-foot equivalent unit (TEU). The notice shall include, but not be limited to, the process for payment of the user fee, the frequency for payment of the user fee, and that the user fee is being assessed to improve the goods movement infrastructure serving the port, to reduce pollution from all forms of equipment, vehicles, locomotives, and ships that operate at the port and bring containers to and from the port. (c) Beginning January 1, 2009, the port shall assess a user fee on the owner of container cargo moving through the port not to exceed thirty dollars ($30) per TEU. The port shall collect the fee at least twice a year. (1) The port shall remit one-half of the user fee to the Northern California Congestion Fund. Upon appropriation, moneys deposited in that fund shall be available for expenditure by the commission exclusively for the purposes of funding projects that improve the flow and efficiency of container cargo to and from the Port of Oakland and to fund the administrative costs of this program. Moneys deposited in that fund shall not be loaned or transferred to, or allocated or appropriated in any other way to, the General Fund. (2) The port shall remit one-half of the user fee to the Northern California Mitigation Fund. Upon appropriation, moneys deposited in that fund shall be available for expenditure by the board to mitigate environmental pollution caused by the movement of cargo to and from the port by commercial motor vehicles, oceangoing vessels, and rail, and to fund the administrative costs of this program. Moneys deposited in that fund shall not be loaned or transferred to, or allocated or appropriated in any other way to, the General Fund. (d) The port may contract with PierPass for the collection of the user fee authorized pursuant to this section. Article 3. Congestion Relief and Mitigation Relief Projects 1750. (a) Beginning January 1, 2008, the commission shall develop a list of projects that would improve the overall efficiency of container cargo movement to and from the Ports of Los Angeles and Long Beach by improving the rail system and container transportation systems that transport container cargo from and to those ports and the ondock rail facilities at those ports. In the process for selecting projects, the commission shall consult with the transportation commissions for the Counties of Los Angeles, Orange, Riverside, San Bernardino, and Ventura, the Port of Los Angeles, the City of Los Angeles, the Port of Long Beach, the City of Long Beach, and the Southern California Association of Governments. The commission shall hold public hearings to seek further input on developing these projects, with at least one hearing at or near the Port of Los Angeles and the Port of Long Beach. (b) No later than September 1, 2008, the commission, at a public hearing, shall finalize a list of projects that would improve the overall efficiency of container cargo movement to and from the Ports of Los Angeles and Long Beach by improving the rail system and container transportation systems that transport container cargo from and to those ports and the ondock rail facilities at those ports. This will be the final list, of infrastructure projects at the Ports of Los Angeles and Long Beach, eligible to be funded by the user fee authorized pursuant to this chapter. (c) Projects eligible to be on the final list shall not be used to construct, maintain, or improve highways, unless the highway or road improvement is part of a rail grade separation, or the highway improvement is done to separate container cargo from motor vehicle traffic by creating on ramps or off ramps for port container truck traffic. (d) In awarding funds pursuant to this section, the commission shall give priority to those projects that have been designed to measurably reduce air pollution and environmental impacts to local communities, and to assist inattaining state and federal air quality goals and enhanceachieving and maintaining state and federal air quality standards and enhancing environmental performance, while addressing the overall efficiency of container cargo movement. (e) On January 1, 2009, and annually thereafter, the Ports of Long Beach and Los Angeles shall report to the commission on the implementation of the Final 2006 San Pedro Bay Clean Air Action Plan. Each port shall report to the commission on whether the emission reduction goals for the source specific categories have been achieved as follows: (1) Heavy-duty vehicles by 2011. (2) Cargo handling equipment, 2010, 2012, and 2014. (3) Harbor craft, 2008 and 2011. (4) Locomotives, 2008, 2011, and 2014. If any of the source specific emission reduction goals have not been met, the commission shall not award funding to any project, and the commission shall not fund any further projects until the source specific emission reduction goals are achieved, other than projects that have been awarded funding prior to this finding. (f) For all construction projects funded pursuant to this section, a contractor shall ensure that all mobile nonroad equipment used on the project will be equipped with a California Air Resources Board (CARB) verified diesel particulate filter that obtains at least an 85-percent reduction in emissions, unless any of the following circumstances exists, and the contractor is able to provide proof that any of these circumstances exists: (1) A piece of specialized equipment is unavailable in a controlled form within the state, including through a leasing arrangement. (2) A contractor has applied for incentive funds to put controls on a piece of uncontrolled equipment planned for use on the project, but the application is not yet approved, or the application has been approved, but funds are not yet available. (3) A contractor has ordered a control device for a piece of equipment planned for use on the project, or has ordered a new piece of controlled equipment to replace the uncontrolled equipment, but that order has not been completed by the manufacturer or dealer, and the contractor has attempted to lease controlled equipment, but no dealer within 200 miles of the project has the controlled equipment available for lease. (g) Projects eligible to be considered by the commission include, but are not limited to, all of the following: (1) A project to separate at-grade crossings to reduce conflicts between trains and motor vehicles in Los Angeles, Orange, Riverside, and San Bernardino Counties, also known as the Alameda Corridor East Project. (2) A project to improve rail capacity by adding additional tracks to existing rail lines in Los Angeles, Orange, Riverside, and San Bernardino Counties. (3) A project to separate at-grade rail crossings in San Bernardino County, also known as the Colton crossing. (4) A project to improve ondock rail infrastructure at the Ports of Los Angeles and Long Beach. (h) In determining which projects to select, the commission shall also take into account the entire rail and trade corridor servicing the Ports of Los Angeles and Long Beach. (i) The commission shall only use the funds received from the Southern California Congestion Fund to fund projects authorized pursuant to this section. (j) Once the projects on the final list are completed and fully funded, the commission shall notify the Ports of Los Angeles and Long Beach that the infrastructure projects are completed and to no longer collect the one-half of the user fee for infrastructure projects. The commission may also make a finding that a project on the final list has either been funded by another source or is no longer worthy of funding. 1751. (a) Beginning January 1, 2008, the commission shall develop a list of projects that would improve the overall efficiency of container cargo movement to and from the Port of Oakland by improving the rail and container transportation systems that transport container cargo from and to that port and the ondock rail facilities at that port. In the process for selecting projects, the commission shall consult with the transportation commissions for the Counties of Alameda and Contra Costa, the Port of Oakland, the City of Oakland, and the Bay Area Association of Governments. The commission shall hold public hearings to seek further input on developing these projects, including at least one hearing in the City of Oakland. (b) No later than September 1, 2008, the commission, at a public hearing, shall finalize a list of projects that would improve the overall efficiency of container cargo movement to and from the Port of Oakland by improving the rail and container transportation systems that transport container cargo from and to that port and the ondock rail facilities at that port. This will be the final list, of infrastructure projects at the Port of Oakland, eligible to be funded by the user fee authorized pursuant to this chapter. (c) Projects eligible to be on the final list shall not be used to construct, maintain, or improve highways, unless the highway or road improvement is part of a rail grade separation, or the highway improvement is done to separate container cargo from motor vehicle traffic by creating on ramps or off ramps for port container truck traffic. (d) In awarding funds pursuant to this section, the commission shall give priority to those projects that have been designed to measurably reduce air pollution and environmental impacts to local communities, and to assist inattaining state and federal air quality goals and enhanceachieving and maintaining state and federal air quality standards and enhancing environmental performance, while addressing the overall efficiency of container cargo movement. (e) For all construction projects funded pursuant to this section, a contractor shall ensure that all mobile nonroad equipment used on the project will be equipped with a California Air Resources Board (CARB) verified diesel particulate filter that obtains at least an 85 percent reduction in emissions, unless any of the following circumstances exists, and the contractor is able to provide proof that any of these circumstances exists: (1) A piece of specialized equipment is unavailable in a controlled form within the state, including through a leasing arrangement. (2) A contractor has applied for incentive funds to put controls on a piece of uncontrolled equipment planned for use on the project, but the application is not yet approved, or the application has been approved, but funds are not yet available. (3) A contractor has ordered a control device for a piece of equipment planned for use on the project, or has ordered a new piece of controlled equipment to replace the uncontrolled equipment, but that order has not been completed by the manufacturer or dealer, and the contractor has attempted to lease controlled equipment, but no dealer within 200 miles of the project has the controlled equipment available for lease. (f) Projects eligible to be considered by the commission include, but are not limited to, projects to separate at-grade crossings to reduce conflicts between trains and motor vehicles and ondock rail improvements at the Port of Oakland. (g) In determining which projects to select, the commission shall also take into account the entire rail and trade corridor servicing the Port of Oakland. (h) The commission shall only use the funds received from the Northern California Congestion Fund to fund projects authorized pursuant to this section. (i) Once the projects on the final list are completed and fully funded, the commission shall notify the Port of Oakland, that the infrastructure projects are completed and to no longer collect the one-half of the user fee for infrastructure projects. The commission may also make a finding that a project on the final list has either been funded by another source or is no longer worthy of funding. 1752. (a) Beginning January 1, 2008, the board shall develop a list of projects that reduce air pollution caused by the movement of container cargo to and from the Ports of Los Angeles and Long Beach. The projects on the list shall be consistent with the Emission Reduction Plan (ERP) adopted April 2006, and shall be designed to reduce air pollution at those ports in order toreach federal air quality attainmentachieve and maintain state and federal air quality standards and to meet the ERP's goals for 2010, 2015, and 2020, as well as the goals for the Air Quality Management Plan prepared by the South Coast Air Quality Management District, and the San Pedro Bay Clean Air Action Plan. In developing the list, the board shall consult with the South Coast Air Quality Management District, the Gateway Council of Governments, and the Ports of Los Angeles and Long Beach. The board shall hold public hearings before developing the list of projects, with at least one hearing being held at or near the Ports of Los Angeles and Long Beach. (b) The board shall work with the South Coast Air Quality Management District, the Port of Los Angeles, and the Port of Long Beach in order to ensure that projects within the Air Quality Management Plan prepared by the South Coast Air Quality Management District and within the San Pedro Bay Clean Air Action Plan are completed or implemented. The board may provide funding to the district in order to implement the Air Quality Management Plan prepared by the district, and to the ports in order to implement the San Pedro Bay Clean Air Action Plan. (c) No later than September 1, 2008, the board, at a public hearing, shall finalize a list of projects that meet the ERP's goals for 2010, 2015, and 2020, in order to meet federal air quality attainment standards. (d) The board may determine, at a public hearing, that the emission reduction goals for 2020 have been met or exceeded and that federal air quality standards have been met in the South Coast Air Basin, including full implementation of the Air Quality Management Plan prepared by the South Coast Air Quality Management District. Once the determination is made, and ensuring that all approved projects have been funded, the board shall notify the Port of Los Angeles of this determination, and the Port of Los Angeles shall no longer collect the one-half of the user fee for air quality projects meant to reach these goals and federal air quality attainment standards. (e) The board may determine, at a public hearing, that the emission reduction goals for 2020 have been met or exceeded and that federal air quality standards have been met in the South Coast Air Basin, including full implementation of the Air Quality Management Plan prepared by the South Coast Air Quality Management District. Once the determination is made, and ensuring that all approved projects have been funded, the board shall notify the Port of Long Beach of this determination, and the Port of Long Beach shall no longer collect the one-half of the user fee for air quality projects meant to reach these goals and federal air quality attainment standards. (f) The board shall only use the funds received from the Southern California Mitigation Fund to fund projects authorized pursuant to this section. 1753. (a) Beginning January 1, 2008, the board shall develop a list of projects that reduce air pollution caused by the movement of container cargo to and from the Port of Oakland. The projects on the list shall be consistent with the Emission Reduction Plan (ERP) adopted April 2006, and shall be designed to reduce air pollution at the port in order toreach federal air quality attainmentachieve and maintain state and federal air quality standards and to meet the ERP's goals for 2010, 2015, and 2020. In developing the list, the board shall consult with the Bay Area Air Quality Management District and the Port of Oakland. (b) If the Bay Area Air Quality Management District and the Port of Oakland develop a plan to reduce emissions from the Port of Oakland, then the board shall work with the district and the port in order to ensure that projects within the plan are completed or implemented. The board may provide funding to the district or the port in order to achieve the goals of the plan. (c) No later than September 1, 2008, the board, at a public hearing, shall finalize a list of projects that meet the ERP's goals for 2010, 2015, and 2020, in order to meet federal air quality attainment standards. (d) The board may determine, at a public hearing, that the emission reduction goals for 2020 have been met or exceeded and that federal air quality standards have been met within the Bay Area Air Quality Management District, and once the determination is made, and ensuring that all approved projects have been funded, the board shall notify the Port of Oakland of this determination, and the Port of Oakland shall no longer collect the one-half of the user fee for air quality projects meant to reach these goals and federal air quality attainment standards. (e) The board shall only use the funds received from the Northern California Mitigation Fund to fund projects authorized pursuant to this section. SEC. 4. Section 1760 of the Harbors and Navigation Code is amended and renumbered to read: 1730. (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. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.