SB 739 Senate Bill - INTRODUCED

BILL NUMBER: SB 739	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 18, 2011

   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 739, as introduced, Lowenthal. Ports: congestion relief: air
pollution mitigation.
   (1) Existing law regulates the operation of ports and harbors.
Existing law provides for the formation and organization of port
districts.
   This bill would require the Ports of Long Beach, Los Angeles, and
Oakland, beginning January 1, 2012, to assess their infrastructure
and air quality improvement needs, including, but not limited to,
projects that improve the efficiency of the movement of cargo, reduce
congestion impacts associated with the movement of cargo, and reduce
pollution associated with the movement of that cargo.
   The bill would require each port to provide this assessment to the
Legislature by July 1, 2012, and to include in the assessment the
total costs of the infrastructure and air quality improvements,
possible funding options for these projects, and estimated timelines
for implementation.
   By imposing these additional duties upon the ports, this bill
would establish a state-mandated local program.
   (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


   1740.  The Legislature hereby finds and declares all of the
following:
   (a) The Ports of Long Beach, Los Angeles, and 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.
   (b) There is a need to mitigate the enormous burden imposed on the
highway transportation system serving the Ports of Long Beach, Los
Angeles, and Oakland by the overland movement of container cargo
shipped to and from those ports.
   (c) The operations at the ports, including the movement of
locomotives, ships, and trucks that move cargo containers to and from
the ports, cause air pollution that requires mitigation. This
pollution contributes to the thousands of premature deaths and
billions of dollars of health costs each year attributable to goods
movement pollution in California.
   1750.  (a) Beginning January 1, 2012, the Port of Long Beach shall
assess its infrastructure and air quality improvement needs.
   (b) The port, when assessing infrastructure projects, shall
consult with the Southern California Association of Governments on
projects that improve the efficiency of cargo movement and reduce
congestion impacts associated with the movement of cargo to and from
the port through the southern California region. The port shall
identify any project lists, such as the Goods Movement Action Plan,
and provide any updated information for the projects on those lists.
In the assessment, the port, at a minimum, shall identify the
projects, funding source or possible funding source, and estimated
timelines for completion.
   (c) The port, when assessing air quality projects, shall consult
with the South Coast Air Quality Management District on projects that
reduce pollution associated with the movement of cargo to and from
the port through the southern California region, including, but not
limited to, projects that reduce pollution from trucks, cargo
handling equipment, locomotives, and ships that move cargo within and
to and from the port. The port shall identify any project lists,
such as the Goods Movement Emission Reduction Plan or the San Pedro
Bay Clean Air Action Plan, and provide updated information for the
projects on those lists, where feasible. In the assessment, the port,
at a minimum, shall identify the projects, funding source or
possible funding source, and estimated timelines for implementation.
   (d) On or before July 1, 2012, the port shall provide this
assessment to the Legislature. The report shall include, but not be
limited to, an assessment of total costs, including updating cost
estimates from previous reports or project lists, for the
infrastructure and air quality improvements, as well as identifying
funding for projects that may have a source of funding and
identifying possible funding options for projects without a funding
source.
   (1) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2016, pursuant to Section
10231.5 of the Government Code.
   (2) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
   1760.  (a) Beginning January 1, 2012, the Port of Los Angeles
shall assess its infrastructure and air quality improvement needs.
   (b) The port, when assessing infrastructure projects, shall
consult with the Southern California Association of Governments on
projects that improve the efficiency of cargo movement and reduce
congestion impacts associated with the movement of cargo to and from
the port through the southern California region. The port shall
identify any project lists, such as the Goods Movement Action Plan,
and provide any updated information for the projects on those lists.
In the assessment, the port, at a minimum, shall identify the
projects, funding source or possible funding source, and estimated
timelines for completion.
   (c) The port, when assessing air quality projects, shall consult
with the South Coast Air Quality Management District on projects that
reduce pollution associated with the movement of cargo to and from
the port through the southern California region, including, but not
limited to, projects that reduce pollution from trucks, cargo
handling equipment, locomotives, and ships that move cargo within and
to and from the port. The port shall identify any project lists,
such as the Goods Movement Emission Reduction Plan or the San Pedro
Bay Clean Air Action Plan, and provide updated information for the
projects on those lists, where feasible. In the assessment, the port,
at a minimum, shall identify the projects, funding source or
possible funding source, and estimated timelines for implementation.
   (d) On or before July 1, 2012, the port shall provide this
assessment to the Legislature and shall include, but not be limited
to, an assessment of total costs, including updating cost estimates
from previous reports or project lists, for the infrastructure and
air quality improvements, as well as identifying funding for projects
that may have a source of funding and identifying possible funding
options for projects without a funding source.
   (1) The requirement for submitting a report imposed under this
subdivision is inoperative on July 1, 2016, pursuant to Section
10231.5 of the Government Code.
   (2) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
   1770.  (a) Beginning January 1, 2012, the Port of Oakland shall
assess its infrastructure and air quality improvement needs.
   (b) The port, when assessing infrastructure projects, shall
consult with the Metropolitan Transportation Commission on projects
that improve the efficiency of cargo movement and reduce congestion
impacts associated with the movement of cargo to and from the port
through the northern California region. The port shall identify any
project lists, such as the Goods Movement Action Plan, and provide
any updated information for the projects on those lists. In the
assessment, the port, at a minimum, shall identify the projects,
funding source or possible funding source, and estimated timelines
for completion.
   (c) The port, when assessing air quality projects, shall consult
with the Bay Area Air Quality Management District on projects that
reduce pollution associated with the movement of cargo to and from
the port through the northern California region, including, but not
limited to, projects that reduce pollution from trucks, cargo
handling equipment, locomotives, and ships that move cargo within and
to and from the port. The port shall identify any project lists,
such as the Goods Movement Emission Reduction Plan, and provide
updated information for the projects on those lists, where feasible.
In the assessment, the port, at a minimum, shall identify the
projects, funding source or possible funding source, and estimated
timelines for implementation.
   (d) On or before July 1, 2012, the port shall provide this
assessment to the Legislature. The report shall include, but not be
limited to, an assessment of total costs, including updating cost
estimates from previous reports or project lists, for the
infrastructure and air quality improvements, as well as identifying
funding for projects that may have a source of funding and
identifying possible funding options for projects without a funding
source.
   (1) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2016, pursuant to Section
10231.5 of the Government Code.
   (2) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
  SEC. 3.  Section 1760 of the Harbors and Navigation Code is amended
and renumbered to read:
    1760.   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.   (Public Law  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 California Emergency Management
Agency, 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.