BILL NUMBER: SB 974 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 14, 2008
AMENDED IN ASSEMBLY SEPTEMBER 5, 2007
AMENDED IN SENATE MAY 24, 2007
AMENDED IN SENATE APRIL 30, 2007
AMENDED IN SENATE APRIL 9, 2007
INTRODUCED BY Senator Lowenthal
(Principal coauthor: Assembly Member De La Torre)
(Coauthors: Senators Kehoe, Kuehl, Migden, and Steinberg)
(Coauthors: Assembly Members Carter, DeSaulnier, Eng,
Furutani, Hancock, Karnette, and Solorio)
FEBRUARY 23, 2007
An act 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.
LEGISLATIVE COUNSEL'S DIGEST
SB 974, as amended, Lowenthal. Ports: congestion relief: air
pollution 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 from
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
(San Pedro Bay Ports) to transmit 1/2 of the funds
derived from imposition of the fee to the San Pedro Bay Ports
Congestion Relief Trust Fund and 1/2 to the San Pedro Bay Ports
Mitigation Relief Trust Fund, which funds the San Pedro Bay Ports
would be required to establish. The bill would require the Port of
Oakland to transmit 1/2 of the
funds derived from imposition of the fee to the Port of Oakland
Congestion Relief Trust Fund and 1/2
to the Port of Oakland Mitigation Relief Trust
Fund, which funds the Port of Oakland would be required to establish
Port Revenue Fund established pursuant to the City of
Oakland City Charter .
The bill would require the moneys transmitted to the San Pedro Bay
Ports Congestion Relief Trust Fund and the Port of Oakland
Congestion Relief Trust Fund to be available 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 of specified local
entities. 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 San Pedro Bay
Ports Mitigation Relief Trust Fund and the Port of Oakland
Mitigation Relief Trust Fund to be available for expenditure by the
State Air Resources Board to develop a list of projects to mitigate
air pollution caused by the movement of container 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 of specified local entities.
This bill would require the moneys transmitted to the San Pedro
Bay Ports Congestion Relief Trust Fund to be available for
expenditure by the Southern California Goods Movement Authority
exclusively for the purpose of funding projects that improve the flow
and efficiency of container cargo to and from the Ports of Los
Angeles and Long Beach, and for funding the administrative costs of
this program. The bill would prohibit moneys deposited in that fund
from being loaned or transferred to the general fund of specified
local entities.
The bill would require the moneys transmitted to the San Pedro Bay
Ports Mitigation Relief Trust Fund to be available for expenditure
by the South Coast Air Quality Management District to mitigate air
pollution caused by the movement of container cargo to and from the
Ports of Los Angeles and Long Beach by commercial motor vehicles,
oceangoing vessels, and rail, and to fund the administrative costs of
the program. The bill would prohibit moneys deposited in that fund
from being loaned or transferred to the general fund of specified
local entities.
The bill would require the moneys transmitted to the Port of
Oakland Port Revenue Fund to be available for expenditure by the Port
of Oakland for funding projects that improve the flow and efficiency
of container cargo to and from the Port of Oakland, to mitigate
environmental air pollution caused by the movement of container cargo
to and from the port by commercial motor vehicles, oceangoing
vessels, cargo handling equipment, and rail, and to fund the
administrative costs of the program. The bill would prohibit moneys
deposited in that fund from being loaned or transferred to the
general fund of the City of Oakland.
The bill would establish a state-mandated local program by
imposing these additional duties upon the ports.
The bill would authorize the San Pedro Bay Ports and the Port of
Oakland, through the City of Oakland, to enter into financing
agreements with participating parties to finance or refinance San
Pedro Bay Ports and Port of Oakland congestion and mitigation relief
projects. The San Pedro Bay Ports and the Port of Oakland would be
authorized to issue revenue bonds to fund these projects, and user
fees assessed on container cargo from the San Pedro Bay
Ports and Port of Oakland Congestion Relief Trust
Funds and Fund, the San Pedro Bay Ports
and Port of Oakland Mitigation Relief Trust
Funds Fund, and the Port of Oakland Port
Revenue Fund would be used to secure any revenue bonds.
(2) 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: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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. 2. 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 container cargo
shipped to and from those ports.
(b) The operation of the ports and trains, ships, and trucks that
move cargo containers to and from the ports cause air 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
reliably, and to move more cargo through those ports.
(d) It is vital to the movement of goods in California, especially
in southern California, to resolve the road and rail conflicts of
locomotives carrying container cargo and automobile traffic by
building grade separations. This infrastructure will reduce air
pollution and provide benefits to the owners of container cargo by
mitigating rail expansion. Without these grade separations, the rail
expansion may not happen, and California could lose valuable goods
movement jobs.
(d)
(e) The reduction of goods movement air pollution would
benefit the owners of container cargo moving through the ports by
meeting contributing to the achievement or
maintenance of federal air quality standards, which will allow
for continued federal funding of goods movement infrastructure
projects.
(f) The Ports of Los Angeles and Long Beach and the Port of
Oakland operate in unique communities, environments, and markets that
require infrastructure improvements and air pollution reduction
measures tailored to the nature and degree of need in each port of
each community.
(e)
(g) 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 air pollution resulting from port operations
moving container cargo.
1741. (a) There is hereby established the Southern California
Goods Movement Authority. The authority shall be composed of one
representative from each of the following:
(1) The Port of Los Angeles, appointed by the Los Angeles Board of
Harbor Commissioners.
(2) The Port of Long Beach, appointed by the Long Beach Board of
Harbor Commissioners.
(3) The City of Los Angeles, appointed by the Mayor of Los
Angeles.
(4) The City of Long Beach, appointed by the Mayor of Long Beach.
(5) The City of Anaheim, appointed by the Mayor of Anaheim.
(6) The City of Riverside, appointed by the Mayor of Riverside.
(7) The City of San Bernardino, appointed by the Mayor of San
Bernardino.
(5)
(8) The Los Angeles County Metropolitan Transportation
Authority, appointed by the board of directors of the Los Angeles
County Metropolitan Transportation Authority.
(6)
(9) The Orange County Transportation Authority,
appointed by the board of directors of the Orange County
Transportation Authority.
(7)
(10) The Riverside County Transportation Commission.
(8)
(11) The San Bernardino Associated Governments.
(9)
(12) The Alameda Corridor East Construction Authority.
(b) The authority shall be organized solely for the purpose of
establishing a priority list of projects pursuant to Section 1750.
Each representative shall have one vote when determining the list of
projects. When deciding on a list of projects, the authority shall
have at least a majority of its members supporting the list that is
transmitted to the California Transportation Commission.
(c) For organization and meeting purposes, the Alameda Corridor
Transportation Authority shall provide staff and meeting space for
the authority and shall be reimbursed for these administrative
expenses pursuant to Sections 1745 and 1746. All public meeting laws
that apply to the City of Long Beach and the City of Los Angeles
shall apply to the authority.
1743. For purposes of this chapter, the following definitions
apply:
(a) "Authority" means the Southern California Goods Movement
Authority.
(b) "Board" means the State Air Resources Board.
(c) "Commission" means the California Transportation Commission.
(d) "District" means the Executive Officer of the Bay
Area Air Quality Management District or the South Coast Air Quality
Management District, as appropriate.
(e) "MTC" means the Executive Director of the
Metropolitan Transportation Commission.
(f) "Port" means the Port of Los Angeles, the Port of Long Beach,
or the Port of Oakland, otherwise known as the City of Oakland acting
by and through its Board of Port Commissioners, as appropriate.
(g) "Port of Oakland Congestion Fund" means the Port of Oakland
Congestion Relief Trust Fund.
(h) "Port of Oakland congestion relief container fee revenue"
means income and receipts derived by that port from Port of Oakland
congestion relief container fees.
(i) "Port of Oakland Congestion Relief Container Fee Revenue Bonds"
means revenue bonds issued pursuant to the City of Oakland City
Charter that are payable from Port of Oakland congestion relief
container fee revenue.
(j) "Port of Oakland congestion relief container fees" means all
user fees that are imposed pursuant to Section 1747 and remitted to
the Port of Oakland Congestion Fund.
(g) "Port Revenue Fund" means the fund created and designated
pursuant to the City of Oakland City Charter for deposit of City of
Oakland container cargo fee revenue.
(h) "Port of Oakland container cargo fee revenue" means income and
receipts derived by that port from Port of Oakland container cargo
fees.
(i) "Port of Oakland container cargo fee revenue bonds" means
revenue bonds issued pursuant to the City of Oakland City Charter
that are payable from Port of Oakland container cargo fee revenue.
(j) "Port of Oakland container cargo fees" means all user fees
that are imposed pursuant to Section 1747.
(k) "Port of Oakland congestion relief project" means each project
for public development facilities and economic facilities for which
the expenditure of funds has been approved by the commission pursuant
to Section 1751.
(l) "Port of Oakland Mitigation Fund" means the Port of Oakland
Mitigation Relief Trust Fund.
(m) "Port of Oakland mitigation relief container fee revenue"
means income and receipts derived by the port from Port of Oakland
mitigation relief container fees.
(n) "Port of Oakland Mitigation Relief Container Fee Revenue Bonds"
means revenue bonds issued pursuant to the City of Oakland City
Charter that are payable from Port of Oakland mitigation relief
container fee revenue.
(o) "Port of Oakland mitigation relief container fees" means all
user fees that are imposed pursuant to Section 1747 and remitted to
the Port of Oakland Mitigation Fund.
(p)
(l) "Port of Oakland 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.
(m) "Port of Oakland stakeholder group" means representatives of
the community, port tenants, port users and operators, port
customers, environmental and environmental justice groups, and
neighborhoods designated by the Port of Oakland commissioners to
advise and provide input to the Port of Oakland commissioners
relating to projects to be funded with Port of Oakland container
cargo fee revenues.
(q)
(n) "San Pedro Bay Ports" means the Ports of Los
Angeles and Long Beach.
(r)
(o) "San Pedro Bay Ports Congestion Fund" means the San
Pedro Bay Ports Congestion Relief Trust Fund.
(s)
(p) "San Pedro Bay Ports congestion relief container
fee revenue" means income and receipts derived by the San Pedro Bay
Ports from San Pedro Bay Ports congestion relief container fees.
(t)
(q) "San Pedro Bay Ports Congestion Relief Container
Fee Revenue Bonds" means revenue bonds issued by the San Pedro Bay
Ports that are payable from San Pedro Bay Ports congestion relief
container fee revenue.
(u)
(r) "San Pedro Bay Ports congestion relief container
fees" means all user fees that are imposed pursuant to Sections 1745
and 1746 and remitted to the San Pedro Bay Ports Congestion Fund.
(v)
(s) "San Pedro Bay Ports 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 authority pursuant to Section 1750.
(w)
(t) "San Pedro Bay Ports Mitigation Fund" means the San
Pedro Bay Ports Mitigation Relief Trust Fund.
(x)
(u) "San Pedro Bay Ports mitigation relief container
fee revenue" means income and receipts derived by the San Pedro Bay
Ports from San Pedro Bay Ports mitigation relief container fees.
(y)
(v) "San Pedro Bay Ports Mitigation Relief Container
Fee Revenue Bonds" means revenue bonds issued by the San Pedro Bay
Ports that are payable from San Pedro Bay Ports mitigation relief
container fee revenue.
(z)
(w) "San Pedro Bay Ports mitigation relief container
fees" means all user fees that are imposed pursuant to Sections 1745
and 1746 and remitted to the San Pedro Bay Ports Mitigation Fund.
(aa)
(x) "San Pedro Bay Ports 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 South Coast Air Quality Management District pursuant
to Section 1752.
(y) For purposes of subdivision (c) of Sections 1745, 1746, and
1747, "container cargo" means a loaded container.
1744. The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
Article 2. User Fee
1745. (a) Beginning January 1, 2008 2009
, 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 March 1,
2009 , 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) per 20-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 air 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 July 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 San Pedro Bay Ports shall establish and maintain a special
purpose trust fund named the San Pedro Bay Ports Congestion Relief
Trust Fund. The port shall remit one-half of the user fee to the San
Pedro Bay Ports Congestion Fund. Moneys deposited in that fund shall
be available for expenditure by the authority 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 the general fund of the Port or
City of Los Angeles or the Port or City or Long Beach.
(2) The San Pedro Bay Ports shall establish and maintain a special
purpose trust fund named the San Pedro Bay Ports Mitigation Relief
Trust Fund. The port shall remit one-half of the user fee to the San
Pedro Bay Ports Mitigation Relief Trust Mitigation
Fund. Moneys deposited in that fund shall be available for
expenditure by the South Coast Air Quality Management District to
mitigate air pollution caused by the movement of container 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 the general fund of the Port or City of Los Angeles or
the Port or City of Long Beach.
(d) The port may contract with PierPass for the collection of the
user fee authorized pursuant to this section.
(e) The fee authorized pursuant to this section shall be separate
from, and in addition to, any fee established by the Port of Los
Angeles for any purpose.
1746. (a) Beginning January 1, 2008 2009
, 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 March 1,
2009 , 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) per 20-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 air 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 July 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 San Pedro Bay Ports shall establish and maintain a special
purpose trust fund named the San Pedro Bay Ports Congestion Relief
Trust Fund. The port shall remit one-half of the user fee to the San
Pedro Bay Ports Congestion Fund. Moneys deposited in that fund shall
be available for expenditure by the authority exclusively for the
purposes of funding projects that improve the flow and efficiency of
container cargo to and from the Port of Long Beach, and to fund the
administrative costs of this program. Moneys deposited in that fund
shall not be loaned or transferred to the general fund of the Port or
City of Los Angeles or the Port or City of Long Beach.
(1)
(2) The San Pedro Bay Ports shall establish and
maintain a special purpose trust fund named the San Pedro Bay Ports
Congestion Mitigation Relief Trust
Fund. The port shall remit one-half of the user fee to the San Pedro
Bay Ports Mitigation Fund. Moneys deposited in that fund shall be
available for expenditure by the South Coast Air Quality Management
District to mitigate air pollution caused by the movement of
container 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 the general fund of the Port or
City of Los Angeles or the Port or City of Long Beach.
(d) The port may contract with PierPass for the collection of the
user fee authorized pursuant to this section.
(e) The fee authorized pursuant to this section shall be separate
from, and in addition to, any fee established by the Port of Long
Beach for any purpose.
1747. (a) Beginning January 1, 2008 2009
, 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 March 1,
2009 , the port shall notify the owner of container cargo
moving through the port that it will be assessed a user fee not to
exceed thirty dollars ($30) per 20-foot equivalent unit (TEU) or
the amount identified pursuant to subdivision (d) . 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 air 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 July 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
or the amount identified pursuant to subdivision (d) . The
port shall collect the fee at least twice a year.
(1) The port shall establish and maintain a special purpose trust
fund named the Port of Oakland Congestion Relief Trust Fund and remit
one-half of the user fee to the Port of Oakland Congestion Fund.
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
the general fund of the Port or City of Oakland.
(2) The port shall establish and maintain a special purpose trust
fund named the Port of Oakland Mitigation Relief Trust Fund and remit
one-half of the user fee to the Port of Oakland Mitigation Fund.
Moneys deposited in that fund shall be available for expenditure by
the board to mitigate air pollution caused by the movement of
container 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 the general fund of the Port or City of Oakland.
(1) The port shall account for the user fees collected pursuant to
this section as the Port of Oakland container cargo fee revenue.
Container cargo fee revenue shall be deposited in the Port Revenue
Fund as provided under the City of Oakland City Charter and shall not
be loaned or transferred to the general fund of the City of Oakland.
Revenue collected by the Port of Oakland pursuant to this section
shall only be used for the purposes authorized in Sections 1751 and
1753.
(2) The Port of Oakland container cargo fee revenues shall be
available for expenditure by the Port of Oakland for purposes of
funding projects that improve the flow and efficiency of container
cargo to and from the Port of Oakland, to mitigate environmental air
pollution caused by the movement of container cargo to and from the
port by commercial motor vehicles, oceangoing vessels, cargo handling
equipment, and rail, and to fund the administrative costs of this
program.
(3) No less than 50 percent of the aggregate amount of the Port of
Oakland container cargo fee revenue shall be used to fund Port of
Oakland mitigation relief projects authorized pursuant to Section
1753 over the first 10 years that the fee, established pursuant to
Section 1747, is collected, with at least 100 percent of the fee
revenue dedicated to Port of Oakland mitigation relief projects for
the first three years the fee is collected.
(d) The fee identified in subdivision (a) shall be the amount
specified by a resolution adopted by the Port of Oakland in 2008, if
the port adopts a fee on container cargo prior to December 31, 2008.
Article 3. Congestion Relief and Mitigation Relief Projects
1750. (a) Beginning January 1, 2008, the authority 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 to and from those ports and
the ondock rail facilities at those ports. In the process for
selecting projects, the
1750. (a) Beginning January
1, 2009, the authority shall list the projects described in
subdivision (g) in priority order. The authority shall prioritize the
order of the projects by giving the highest priority to those
projects nearest in time to being co nstructed. In the
process for establishing the projects in priority order, the
authority shall consult with the commission and the Southern
California Association of Governments. The authority shall hold
public hearings to seek further input on developing these
projects this priority list , including at least
one hearing at or near the Port of Los Angeles and the Port of Long
Beach. The authority shall compile this list, in priority order, and
submit it to the commission no later than April 1, 2008
2009 . If the commission rejects the list, the
authority shall compile a new list and submit it to the commission.
(b) No later than September 1, 2008, the commission, at a public
hearing, shall approve a project list submitted by the authority 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 to and from those ports and the ondock rail
facilities at those ports. This will be the final list, of
infrastructure projects
(b) No later than September 1, 2009,
the commission, at a public hearing, shall approve a priority list
submitted by the authority from the projects described in
subdivision (g). 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. The
commission shall not change the list of projects submitted by the
authority. The commission may only accept or reject the entire list
of projects. If the commission has not approved a list of projects by
September 1, 2008 2009 , the most
recent list of projects submitted to the commission by the authority
shall become the final list of projects.
(c) Funds from the San Pedro Bay Ports Congestion Fund shall be
used only for projects that improve the movement of container cargo
by rail, or for projects that construct, maintain, or improve a road
or highway that is part of a road or highway rail grade separation. A
rail grade separation does not include a road or highway going above
or beneath another road or highway. To qualify, a rail grade
separation project shall reduce conflicts between trains carrying
container cargo and motor vehicles, or reduce conflicts between
trains carrying container cargo and other trains carrying container
cargo.
(d) In determining which projects to include in the list
of projects and in what the order of priority,
the authority shall give priority to those projects that have been
designed to measurably reduce air pollution impacts to local
communities, and to assist in achieving and maintaining state and
federal air quality standards, while addressing the overall
efficiency of container cargo movement.
(e) Beginning January 1, 2010, the board shall evaluate the
emissions from heavy-duty vehicles, container cargo handling
equipment, harbor craft, and locomotives at the Ports of Los Angeles
and Long Beach, and shall determine if these ports have reduced
emissions from those sources to meet the goals of the board's
Emission Reduction Plan for Ports and Goods Movement. No later than
July 1, 2010, and no later than January 1, 2015, and January 1, 2020,
the board shall notify the commission as to whether or not the Ports
of Los Angeles and Long Beach have met these goals. If these goals,
as determined by the board, have not been met, the commission shall
not award funding to a project, other than for on-dock
ondock rail and rail and road or highway grade
separations, until the board determines that these goals have been
met.
(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 Level 3 emission control device 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 for the list by the
authority 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, which does not disproportionately impact
low-income communities.
(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.
(g) Notwithstanding any other provision of law, grade separation
projects eligible to be funded from the San Pedro Bay Congestion
Relief Fund are all of the following:
(1) Grade separation projects in Los Angeles County: San Pablo
Street/SP-City of Los Angeles; Vineburn Avenue/SP-City of Los
Angeles; N. Boca Avenue/SP-City of Los Angeles; San Gabriel
Trench/SP-City of San Gabriel; Walnut Grove Avenue/SP-County of Los
Angeles; Encinita Avenue/SP- City of Temple City; Lower Asuza
Road/SP-City of Temple City; Temple City Boulevard/SP-City of El
Monte; Baldwin Avenue/SP-City of El Monte; Arden Drive/SP-City of El
Monte; Tyler Avenue/SP-City of El Monte; Cogswell/SP-City of El
Monte; Temple Avenue/SP-City of Industry; Vineland Avenue/SP-City of
Industry; Puente Avenue/SP-City of Industry; California
Avenue/SP-City of El Monte; Fullerton Road/SP-City of Industry;
Fairway Drive/SP-City of Industry; Lemon Avenue/SP-City of Industry;
Brea Canyon Road/SP-City of Industry; Park Avenue/SP and UP-City of
Pomona; Palomares Street/SP and UP-City of Pomona; S. Vail
Avenue/UP-City of Montebello; S. Maple Avenue/UP-City of Montebello;
S. Greenwood Avenue/UP-City of Montebello; Montebello
Boulevard/UP-City of Montebello; Durfee Road/UP- City of Pico Rivera;
Rose Hills/UP-City of Industry; Mission Mill Road/UP-City of
Industry; Workman Mill Road/UP-City of Industry; Turnbull Canyon
Road/UP-County of Los Angeles; Stimson Avenue/UP-City of Industry;
Bixby Drive/UP-City of Industry; Fullerton Road/UP-City of Industry;
Nogales Street/UP-City of Industry; Fairway Drive/UP-City of
Industry; Lemon Avenue/UP-County of Los Angeles; Hamilton
Boulevard/SP and UP-City of Pomona; Main Street/SP and UP-City of
Pomona; San Antonio Avenue/SP and UP-City of Pomona; Passons
Boulevard/BNSF-City of Pico Rivera; Valley View Avenue/BNSF-City of
Santa Fe Springs; Rosecrans Avenue/BNSF-City of Santa Fe Springs;
Norwalk Boulevard/BNSF-City of Santa Fe Springs/Gateway; and
Wilmington Street/SP and BNSF-City of Los Angeles.
(2) Grade separation projects in Orange County: Acacia Avenue
(Fullerton), Grand Avenue (Santa Ana), State College Boulevard
(Fullerton), State College Boulevard (Anaheim), Placentia Avenue
(Placentia and Fullerton), Kraemer Boulevard (Placentia),
Orangethorpe Avenue (Placentia and Anaheim), Tustin Avenue/Rose Drive
(Placentia and Anaheim), Jefferson Street (Placentia and Anaheim),
Van Buren Avenue (Placentia), Richfield Road (Placentia), Lakeview
Avenue (Placentia and Anaheim), Kellogg Drive (Anaheim), Raymond
Avenue (Fullerton), San Canyon Avenue (Irvine), Red Hill Avenue
(Tustin), 17th Street (Santa Ana), Santa Ana Boulevard (Santa Ana),
and Ball Road (Anaheim).
(3) Grade separation projects in Riverside County: Jurupa
Road/UP-Riverside County; Magnolia Avenue/UP-City of Riverside;
Riverside Avenue/UP-City of Riverside; McKinley Street/BNSF-City of
Corona; Magnolia Avenue/BNSF-Riverside County; 3rd Street/BNSF-City
of Riverside; Chicago Avenue/BNSF-City of Riverside; Columbia
Avenue/BNSF-City of Riverside; Iowa Avenue/BNSF-City of Riverside;
Sunset Avenue/UP-City of Banning; Clay Street/UP-Riverside County;
Jurupa Avenue/UP-City of Riverside, Streeter Avenue/UP-City of
Riverside; Brockton Avenue/UP-City of Riverside; Auto Center
Drive/BNSF-City of Corona; Smith Avenue/BNSF-City of Corona; Tyler
Street/BNSF-City of Riverside; Adams Street/BNSF-City of Riverside;
Madison Street/BNSF-City of Riverside; Mary Street/BNSF-City of
Riverside; 7th Street/BNSF-City of Riverside; Spruce Street/BNSF-City
of Riverside; Palmyrita Avenue/UP-City of Riverside; Center
Street/BNSF-Riverside County; 22nd Street/UP-City of Banning; San
Gorgonio Avenue/UP-City of Banning; Hargrave Street/UP-City of
Banning; Avenue 48/Dillon Road/UP-City of Coachella/City of Indio;
Bellgrave Avenue/UP-Riverside County; Palm Avenue/UP-City of
Riverside; Panorama Road/UP-City of Riverside; Railroad
Street/BNSF-City of Corona; Buchanan Street/BNSF-City of Riverside;
Pierce Street/BNSF-City of Riverside; San Timoteo Canyon Road/UP-City
of Calimesa; California Avenue/UP-City of Beaumont; Avenue
52/UP-City of Coachella; Avenue 62/UP-City of Coachella; Avenue
66/UP-City of Coachella.
(4) Grade separation projects in San Bernardino County: Grove
Avenue on the UP Alhambra Line, Grove Avenue on the UP Los Angeles
Line, Ramona Avenue on the UP Alhambra and Los Angeles Lines, Monte
Vista Avenue on the UP Alhambra and Los Angeles Lines,
State/University on the BNSF Cajon Line, Hunts Lane on the UP Yuma
Line, Milliken Avenue on the UP Alhambra Line, Central Avenue on the
UP Alhambra and Los Angeles Lines, San Antonio Avenue on the UP
Alhambra and Los Angeles Lines, Sultana Avenue on the UP Alhambra and
Los Angeles Lines, Campus Avenue on the UP Alhambra and Los Angeles
Lines, State Street (Ontario) between the UP Alhambra and Los Angeles
Lines, Vineyard Avenue on the UP Alhambra Line, Vineyard Avenue on
the UP Los Angeles Line, Mt. Vernon Avenue on the UP Yuma Line, Vine
Avenue on the UP Los Angeles Line, Bon View Avenue on the UP Los
Angeles Line, Archibald Avenue on the UP Los Angeles Line, Milliken
Avenue on the UP Los Angeles Line, Valley Boulevard on the BNSF San
Bernardino Line, Laurel Street on the BNSF San Bernardino Line, Main
Street on the BNSF San Bernardino Line, Olive Street on the BNSF San
Bernardino Line, Palm Avenue on the BNSF Cajon Line, Glen Helen
Parkway on the BNSF Cajon Line, Ranchero Road on the BNSF Cajon Line,
Ranchero Road on the UP Cutoff Line, Vista Road on the BNSF Cajon
Line, Hinkley Road on the BNSF Cajon Line, Lenwood Road on the BNSF
Cajon Line, Oro Grande on the BNSF Cajon Line, Indian Trail on the
BNSF Cajon Line, E Street on the BNSF San Bernardino Line, H Street
on the BNSF San Bernardino Line, Phelan Road on the UP Cutoff Line,
Johnson Road on the UP Cutoff Line, Whittier Avenue on the UP Yuma
Line, Beaumont Avenue on the UP Yuma Line, Alessandro Road on the UP
Yuma Line, and San Timoteo Canyon Road on the UP Yuma Line.
(5) A project to separate the at-grade rail crossings between the
Union Pacific and the Burlington Northern Santa Fe Railroads in San
Bernardino County, also known as the Colton crossing.
(6) A project to improve ondock rail infrastructure at the Port of
Los Angeles or the Port of Long Beach (Ports Rail Program - Phase
II).
(7) A project that would move containers to and from the Port of
Los Angeles and the Port of Long Beach using electricity, magnetic
levitation, or other similar zero-emission technology.
(h) In determining which projects to select for the list, the
authority 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 San
Pedro Bay Ports Congestion Fund to fund projects authorized pursuant
to this section.
(i) Once the commission has approved the final list of priority
projects submitted by the authority, the commission shall transmit
the approved list to the authority. A project proponent shall submit
an application to the authority. Once the application has been
approved using the priority list adopted by the authority and
approved by the commission, the authority shall notify the Ports of
Los Angeles and Long Beach, and the Ports of Los Angeles and Long
Beach shall release funds from the San Pedro Bay Ports Congestion
Fund to the project applicant accordingly.
(j) A project receiving funding pursuant to this section may also
receive funding from other sources, including, but not limited to,
local agencies, state sources, federal sources, and private sources.
(k) 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 the ports
shall 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.
(l) Beginning January 1, 2009, and annually thereafter, the Ports
of Los Angeles and Long Beach shall report to the commission and the
transportation committees of the Senate and Assembly on the status of
the San Pedro Bay Ports Clean Air Action Plan.
(m) The commission may approve in advance a project described in
subdivision (g) for advance construction authority.
(n) If a project is proposed and is not identical to a project
described in subdivision (g) but is similar, the authority may
approve the project if it concludes that the project is similar to
one listed in subdivision (g).
(o) The authority may remove a project described in subdivision
(g) if it determines that the project does not directly relate to the
movement of container cargo to and from the Port of Los Angeles or
the Port of Long Beach.
(p) This section does not prevent a project applicant of a project
described in subdivision (g) from using funds received pursuant to
this section as a match to other programs, including, but not limited
to, the program described in paragraph (1) of subdivision (c) of
Section 8879.23 of the Government Code.
(q) Where a project is identified in subdivision (g) and is
receiving funds, or may be using funds, pursuant to paragraph (1) of
subdivision (c) of Section 8879.23 of the Government Code, the funds
from Sections 1745 and 1746 shall be used to supplement, but not
supplant, the funds from paragraph (1) of subdivision (c) of Section
8879.23 of the Government Code.
1751. (a) Beginning January 1, 2008, the MTC
2009, the MTC and the Port of Oakland shall jointly
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 to and from that port and the ondock
and near-dock rail facilities at that port. In the process
for selecting projects, the MTC and the Port of Oakland
shall consult with the commission, the Port of Oakland, the
City of Oakland, the Sacramento Area Council of Governments, the
Placer County Transportation Planning Agency, and the Council of
Fresno County Governments commission, the Port of
Oakland stakeholder group, and the Sacramento Area Council of
Governments . The MTC and the Port of Oakland shall
hold public hearings to seek further input on developing these
projects, including at least one hearing in the City of Oakland. The
MTC and the Port of Oakland shall compile this list, in
priority order, and submit it to the commission no later than April
1, 2008 2009 . If the commission
rejects the list, the MTC and the Port of Oakland shall
compile a new list and submit it to the commission.
(b) No later than September 1, 2008 2009
, the commission, at a public hearing, shall approve a project
list submitted jointly by the MTC and the Port of
Oakland 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
to and from that port and the ondock and near-dock 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. The commission shall not change the list of
projects submitted by the MTC and the Port of Oakland .
The commission may only accept or reject the entire list of projects.
If the commission has not approved a list of projects by September
1, 2008 2009 , the most recent list of
projects submitted to the commission by the MTC and the Port of
Oakland shall become the final list of projects.
(c) Funds from the Port of Oakland Congestion Fund shall be used
only for
(c) The final list of Port
of Oakland congestion relief projects shall include projects
that improve the movement of container cargo by rail, or for projects
that construct, maintain, or improve a road or highway that is
on port property or that is part of a road or highway rail
grade separation. To qualify, a rail grade separation project shall
reduce conflicts between trains carrying container cargo from or
to the port and motor vehicles.
(d) In determining which projects to include in the list of
projects and in what order of priority, the MTC and the Port of
Oakland shall give priority to those projects that have been
designed to measurably reduce air pollution impacts to local
communities, and to assist in achieving and maintaining state and
federal air quality standards, while addressing the overall
efficiency of container cargo movement.
(e) Beginning January 1, 2010, the board shall evaluate the
emissions from heavy-duty vehicles, container cargo handling
equipment, harbor craft, and locomotives at the Port of Oakland, and
shall determine if the port has reduced emissions from those sources
to meet the goals of the board's Emission Reduction Plan for Ports
and Goods Movement. No later than July 1, 2010, and on no later than
January 1, 2015, and January 1, 2020, the board shall notify the
commission as to whether or not the port has met these goals. If
these goals, as determined by the board, have not been met, the
commission shall not award funding to a project,
approve projects, other than for on-dock
ondock or near-dock rail, rail improvements on
port property, and rail and road or highway grade separations, until
the board determines that these goals have been met.
(f) Beginning July 1, 2011, and every two years thereafter, the
MTC and the Port of Oakland, in consultation with the Port of Oakland
stakeholder group, may evaluate the list of Port of Oakland
congestion relief projects and may revise that list, taking into
consideration whether the projects are legally, technologically, and
economically feasible, and whether circumstances have changed to
affect the feasibility or priority of, or need for, the projects. The
MTC and the Port of Oakland shall approve the revised list only if
there are any revisions at a public meeting and submit the revised
list to the commission. No later than 90 days after the initial
submission by the MTC and the Port of Oakland of the revised list,
the commission, at a public hearing, shall approve the revised
project list submitted by the MTC and the Port of Oakland. The
commission shall not change the revised list of projects submitted by
the MTC and the Port of Oakland. The commission may only accept or
reject the entire list of projects. If the commission has not
approved a revised list of projects by 90 days after the initial
submission by the MTC and the Port of Oakland, the most recent
revised list of projects submitted to the commission by the MTC and
the Port of Oakland shall become the final list of projects.
(f)
(g) 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 Level 3 emission control device
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.
(4) The equipment is compliant with requirements set forth in the
board's regulation for In-Use Off-Road Diesel Vehicles (Sections
2449, 2449.1, 2449.2, and 2449.3 of Title 13 of the California Code
of Regulations).
(g)
(h) Projects eligible to be considered by the MTC
and the Port of Oakland include, but are not limited to,
projects to separate at-grade crossings to reduce conflicts between
trains carrying container cargo and motor vehicles or increase
mainline rail capacity for moving cargo containers, and
on-dock ondock and near-dock rail improvements
at the Port of Oakland.
(h)
(i) In determining which projects to select, the MTC
and the Port of Oakland shall also take into account the
entire rail and trade corridor across northern and central California
servicing the Port of Oakland.
(i) The commission shall only use the funds received from the Port
of Oakland Congestion Fund to fund projects authorized pursuant to
this section.
(j) The Port of Oakland shall use the Port of Oakland container
cargo fee revenues to fund only projects authorized pursuant to this
section and Section 1753.
(j)
(k) A project receiving funding pursuant to this
section may also receive funding from other sources, including, but
not limited to, local agencies, state sources, federal sources, and
private sources.
(k)
(l) Once the projects on the final list are completed
and fully funded, the commission shall notify the
Port of Oakland, Oakland shall make a finding
that the infrastructure projects are completed , to the
extent feasible, and the port shall 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.
(l)
(m) Beginning January 1, 2009, and annually thereafter,
the Port of Oakland shall report to the commission and the
transportation committees of the Senate and Assembly on the status of
the port's clean air action plan. maritime
air quality improvement plan.
(n) When developing the list of projects pursuant to subdivision
(a), the MTC and the Port of Oakland shall ensure that any projects
selected are not inconsistent with the City Charter of the City of
Oakland.
(o) The commission may approve, in advance, a project selected
pursuant to subdivision (a) for advance construction authority.
(p) This section does not prevent a project applicant of a project
selected pursuant to subdivision (a) from using funds received
pursuant to this section as a match to other programs, including, but
not limited to, the program described in paragraph (1) of
subdivision (c) of Section 8879.23 of the Government Code.
(q) Where a project is selected pursuant to subdivision (a) and is
receiving funds, or may be using funds, pursuant to paragraph (1) of
subdivision (c) of Section 8879.23 of the Government Code, the funds
from Section 1747 shall be used to supplement, but not supplant, the
funds from paragraph (1) of subdivision (c) of Section 8879.23 of
the Government Code.
1752. (a) Beginning January 1, 2008 2009
, the South Coast Air Quality Management District (district)
and the Ports of Los Angeles and Long Beach shall
jointly 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 to achieve 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 district and the
Ports of Los Angeles and Long Beach shall jointly
consult with the board , and the
Gateway Council of Governments , and the Ports of Los
Angeles and Long Beach . The district shall
district and the Ports of Los Angeles and Long Beach
shall jointly hold public hearings before developing the list
of projects, including at least one hearing being held at or near the
Ports of Los Angeles and Long Beach. The district and the Ports
of Los Angeles and Long Beach shall jointly compile
this list, in priority order, and submit it the board no later than
April 1, 2008. 2009. When compiling the
project list, the district and the Ports of Los Angeles
and Long Beach shall give the highest priority for the list and for
funding for the projects described in paragraph (1) of subdivision
(c) of Section 1752.
(b) The district and the Ports of Los Angeles and Long Beach
shall jointly work with the Port of Los Angeles and
the Port of Long Beach to ensure that projects within the Air Quality
Management Plan prepared by the district and within the San Pedro
Bay Clean Air Action Plan are completed or implemented.
(c) Projects , in the form of grants, revolving loans, loan
guarantees, loans, or other funding measures,
eligible to be considered by the district and the Ports of Los
Angeles and Long Beach include, but are not limited to, the
following:
(1) The replacement, repowering, or retrofitting of heavy-duty
diesel vehicles that move cargo containers to and from the Port of
Los Angeles or the Port of Long Beach, not otherwise required by any
federal or state law or regulation.
(2) The replacement, repowering, or retrofitting of locomotive
engines that move cargo containers to and from the Port of Los
Angeles or the Port of Long Beach, not otherwise required by any
federal or state law or regulation.
(3) Funding through grants of the incremental cost of using a
low-sulfur fuel, not otherwise required by statute or regulation, on
oceangoing vessels that carry cargo containers to and from the Port
of Los Angeles or the Port of Long Beach.
(4) The provision of mobile or portable shore side
shoreside distributed power generation to
oceangoing cargo container vessels that eliminates the need to use
the electricity grid at the Port of Los Angeles or the Port of Long
Beach, and that has been tested and verified by the board or a local
air quality management district.
(5) The electrification of the rail infrastructure used to move
cargo containers to and from the Port of Los Angeles or the Port of
Long Beach.
(6) The provision of shore side shoreside
electrical power generation to oceangoing cargo container
vessels, moving cargo containers to and from the Port of Los Angeles
or the Port of Long Beach, not otherwise required by any federal or
state law or regulation.
(7) Container cargo-handling equipment, handling cargo containers
at the Port of Los Angeles or the Port of Long Beach, not otherwise
required by any
federal or state law or regulation.
(d) No later than September 1, 2008 2009
, the board, at a public hearing, shall accept a list of
projects from the district and the Ports of Los Angeles and Long
Beach that meets the ERP's goals for 2010, 2015, and 2020, in
order to meet or maintain federal air quality attainment standards.
If the board has not approved a list of projects by September 1,
2008 2009 , the most recent list of
projects submitted to the board by the district shall become the
final list of projects.
(e) The board may determine, at a public hearing, that the
emission reduction goals for 2020 have been met or exceeded and that
projects that reduce emissions from the movement of cargo containers
to and from the Port of Los Angeles that are designed to achieve
federal air quality standards have been implemented, including full
implementation of projects that reduce emissions from the movement of
cargo containers to and from the Port of Los Angeles contained
within the Air Quality Management Plan prepared by the 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.
(f) The board may determine, at a public hearing, that the
emission reduction goals for 2020 have been met or exceeded and that
projects that reduce emissions from the movement of cargo containers
to and from the Port of Long Beach that are designed to achieve
federal air quality standards have been implemented, including full
implementation of projects that reduce emissions from the movement of
cargo containers to and from the Port of Long Beach contained within
the Air Quality Management Plan prepared by the 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.
(g) The board shall only use the funds received from the San Pedro
Bay Ports Mitigation Fund to fund projects authorized pursuant to
this section.
(g) Once the board has approved the final list of priority
projects submitted by the district and the Ports of Los Angeles and
Long Beach, the board may begin approving applications for funding,
in the form of grants, revolving loans, loan guarantees, loans, or
other funding measures. A project proponent shall submit an
application to the board. Once the application has been approved
using the priority list adopted by the district and the Ports of Los
Angeles and Long Beach and approved by the board, the board shall
notify the Ports of Los Angeles and Long Beach and the Ports of Los
Angeles and Long Beach shall release the funds from the San Pedro Bay
Ports Mitigation Fund to the project applicant accordingly.
(h) A project receiving funding pursuant to this section may also
receive funding from other sources, including, but not limited to,
local agencies, state sources, federal sources, and private sources.
1753. (a) Beginning January 1, 2008 2009
, the Bay Area Air Quality Management District (district)
and the Port of Oakland shall jointly 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 to achieve 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 district and the Port of
Oakland shall jointly consult with the
board, the Sacramento Metropolitan Air Quality Management District,
the San Joaquin Air Pollution Control District, and the Port of
Oakland board and the Port of Oakland stakeholder
group . The district and the Port of Oakland shall
jointly compile this list, in priority order, and submit
it to the board no later than April 1, 2008
2009 . If the board rejects the list, the district and the
Port of Oakland shall jointly compile a new list
and submit it to the board.
(b) In consultation with the port, the district shall develop a
plan to reduce emissions from the Port of Oakland and submit the plan
to the board. The board and the district shall work with the port to
ensure that projects within the plan are completed or implemented to
the maximum extent feasible. The board may provide funding to the
district or the port in order to achieve the goals of the plan.
(c)
(b) Projects , in the form of grants, revolving
loans, loan guarantees, loans, or other funding measures,
eligible to be considered by the district and the Port of
Oakland include, but are not limited to, the following:
(1) The replacement, repowering, or retrofitting of heavy-duty
diesel vehicles that move cargo containers to and from the Port of
Oakland, not otherwise required by any federal or state law or
regulation.
(2) The replacement, repowering, or retrofitting of locomotive
engines that move cargo containers to and from the Port of Oakland,
not otherwise required by any federal or state law or regulation.
(3) Funding through grants of the incremental cost of using a
low-sulfur fuel, not otherwise required by statute or regulation, on
ocean going oceangoing vessels that
carry cargo containers to and from the Port of Oakland.
(4) The provision of mobile or portable shore side
shoreside distributed power generation to
ocean-going oceangoing cargo container
vessels that eliminates the need to use the electricity grid at the
Port of Oakland, and that has been tested and verified by the board
or a local air quality management district.
(5) The electrification of infrastructure used within a marine
terminal that handles cargo containers in the Port of Oakland.
(6) The provision of shore side shoreside
electrical power generation to ocean going
oceangoing cargo container vessels, moving cargo
containers to and from the Port of Oakland, not otherwise required by
any federal or state law or regulation.
(7) Container cargo-handling equipment, handling cargo containers
at the Port of Oakland, not otherwise required by any federal or
state law or regulation.
(d)
(c) No later than September 1, 2008
2009 , the board, at a public hearing, shall approve a
list of projects that meet the ERP's goals for 2010, 2015, and 2020
that are consistent with the plan developed pursuant to subdivision
(c), to meet or maintain federal air quality standards. If the board
has not approved a list of projects by September 1, 2008
2009 , the most recent list of projects
submitted to the board by the district shall become the final list of
projects.
(d) Beginning July 1, 2011, and every two years thereafter, the
district and the Port of Oakland, in consultation with the Port of
Oakland stakeholder group, may evaluate the list of Port of Oakland
mitigation relief projects and may revise that list, taking into
consideration whether the projects are legally, technologically, and
economically feasible, and whether circumstances have changed to
affect the feasibility or priority of, or need for, the projects. The
district and the Port of Oakland shall approve the revised list only
if there are any revisions at a public meeting and submit the
revised list to the board. No later than 90 days after the initial
submission by the district and the Port of Oakland of the revised
list, the board, at a public hearing, shall approve the revised
project list submitted by the district and the Port of Oakland. The
board shall not change the revised list of projects submitted by the
district and the Port of Oakland. The board may only accept or reject
the entire list of projects. If the board has not approved a revised
list of projects by 90 days after the initial submission by the
district and the Port of Oakland, the most recent revised list of
projects submitted to the board by the district and the Port of
Oakland shall become the final list of projects.
(e) The board may determine, at a public hearing, that the
emission reduction goals for 2020 have been met or exceeded and that
projects that reduce emissions from the movement of cargo containers
to and from the port and are designed to achieve federal air quality
standards have been implemented, and once the determination is made,
and ensuring that all approved projects have been funded,
the board shall notify notice shall be given to
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.
(f) The board shall only use the funds received from the Port of
Oakland Mitigation Fund to fund projects authorized pursuant to this
section.
(f) The Port of Oakland shall use the Port of Oakland container
cargo fee revenues to fund only projects authorized pursuant to this
section and Section 1751.
(g) A project receiving funding pursuant to this section may also
receive funding from other sources, including, but not limited to,
local agencies, state sources, federal sources, and private sources.
1754. Notwithstanding any other provision of law, the Ports of
Los Angeles, Long Beach, and Oakland are authorized to impose a user
fee on cargo moving through the respective ports, with revenue
proceeds to be used to construct and maintain infrastructure
improvements and implement mitigation programs.
Article 4. Financing Provisions
1760. (a) Pursuant to the authority of the San Pedro Bay Ports,
the San Pedro Bay Ports may enter into financing agreements with
participating parties for the purpose of financing or refinancing San
Pedro Bay Ports congestion relief projects and San Pedro Ports
mitigation relief projects.
(b) As authorized, the San Pedro Bay Ports may issue bonds as San
Pedro Bay Ports Congestion Relief Container Fee Revenue Bonds to
finance or refinance San Pedro Bay Ports congestion relief projects
and as San Pedro Bay Ports Mitigation Relief Container Fee Revenue
Bonds to finance or refinance San Pedro Bay Ports mitigation relief
projects.
(c) The principal of and interest and redemption premiums on San
Pedro Bay Ports Congestion Relief Container Fee Revenue Bonds and San
Pedro Bay Ports Mitigation Relief Container Fee Revenue Bonds shall
be payable from, and secured by, San Pedro Bay Ports congestion
relief container fee revenue and San Pedro Bay Ports 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.
1761. (a) Pursuant to the procedures in the City of Oakland City
Charter and subject to any applicable pledges, liens, covenants,
or obligations of the port's bonds, debt instruments, indentures, or
other indebtedness , the Port of Oakland may enter into
financing agreements with participating parties for the purpose of
financing or refinancing Port of Oakland congestion relief projects
and Port of Oakland mitigation relief projects.
(b) As authorized, the Port of Oakland may issue bonds as Port of
Oakland Congestion Relief Container Fee Revenue Bonds to finance or
refinance Port of Oakland congestion relief projects and as Port of
Oakland Mitigation Relief Container Fee Revenue Bonds to finance or
refinance Port of Oakland mitigation relief projects.
(c) The principal of and interest and redemption premiums on Port
of Oakland Congestion Relief Container Fee Revenue Bonds and Port of
Oakland Mitigation Relief Container Fee Revenue Bonds shall be
payable from, and secured by, Port of Oakland congestion relief
container fee revenue and Port of Oakland 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.
(b) As authorized by the City of Oakland City Charter, the Port of
Oakland may issue bonds as the Port of Oakland container cargo fee
revenue bonds to finance or refinance Port of Oakland congestion
relief projects or the Port of Oakland mitigation relief projects.
(c) The principal of and interest and redemption premiums on the
Port of Oakland container cargo fee revenue bonds shall be payable
from, and secured by, the Port of Oakland container cargo fee revenue
as, and to the extent, provided in the constituent instruments
defining the rights of the holders of the bonds.
1762. The San Pedro Bay Ports may pledge all or any portion of
the San Pedro Bay Ports congestion relief container fees to secure
San Pedro Bay Ports Congestion Relief Container Fee Revenue Bonds,
and credit facilities for these bonds, and all or any portion of the
San Pedro Bay Ports Mitigation Relief Container Fee Revenue Bonds,
and credit facilities for these bonds. All San Pedro Bay Ports
congestion relief container fees and San Pedro Bay Ports mitigation
relief container fees so pledged shall be paid to the indenture
trustee for these bonds each month, from the San Pedro Bay Ports
Congestion Relief Trust Fund and the San Pedro Bay Ports Mitigation
Relief Trust Fund for so long as any of the bonds are outstanding.
Any San Pedro Bay Ports congestion relief container fees and San
Pedro Bay Ports 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 San Pedro Bay
Ports Congestion Relief Trust Fund and the San Pedro Bay Ports
Mitigation Relief Trust Fund and shall be disbursed at the request of
the authority and the district, respectively, for San Pedro Bay
Ports congestion relief projects and San Pedro Bay Ports mitigation
relief projects.
1763. The Port of Oakland may pledge all or any portion of the
Port of Oakland congestion relief container fees to secure Port of
Oakland Congestion Relief Container Fee Revenue Bonds, and credit
facilities for these bonds, and all or any portion of the Port of
Oakland Mitigation Relief Container Fee Revenue Bonds, and credit
facilities for these bonds. All Port of Oakland congestion relief
container fees and Port of Oakland mitigation relief container fees
so pledged shall be paid to the indenture trustee for these bonds
each month, from the Port of Oakland Congestion Relief Trust Fund and
the Port of Oakland Mitigation Relief Trust Fund for so long as any
of the bonds are outstanding. Any Port of Oakland congestion relief
container fees and Port of Oakland 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 Port of Oakland Congestion Relief Trust Fund and the Port of
Oakland Mitigation Relief Trust Fund and shall be disbursed at the
request of the commission and the board, respectively, for Port of
Oakland congestion relief projects and Port of Oakland mitigation
relief projects.
1763. Pursuant to the procedures in the City of Oakland City
Charter and subject to any applicable pledges, liens, covenants, or
obligations of the port's bonds, debt instruments, indentures, or
other indebtedness, the Port of Oakland may pledge all or any portion
of the Port of Oakland container cargo fees to secure Port of
Oakland container cargo fee revenue bonds, and credit facilities for
these bonds. All Port of Oakland container cargo fees so pledged
shall be paid to the indenture trustee for these bonds each month for
so long as any of the bonds are outstanding. Pursuant to the
procedures in the City of Oakland City Charter and subject to any
applicable pledges, liens, covenants, or obligations of the port's
bonds, debt instruments, indentures, or other indebtedness, any Port
of Oakland container cargo 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 and be disbursed at the request of the Port of
Oakland to pay for Port of Oakland congestion relief projects and
Port of Oakland mitigation relief projects.
SEC. 3. 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. 4. 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.