BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 739
                                                                  Page  1

          Date of Hearing:   July 6, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 739 (Lowenthal) - As Amended:  June 13, 2011 

          Policy Committee:                              
          TransportationVote:12-2

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the ports of Los Angeles, Long Beach, and 
          Oakland, by July 1, 2012, to assess infrastructure and air 
          quality improvement needs.  Specifically, this bill:

          1)Requires the ports of Los Angeles, Long Beach, and Oakland, by 
            July 1, 2012, to assess infrastructure and air quality 
            improvement needs and to provide the assessments to the 
            Legislature by July 1, 2012, including improvement costs, 
            funding sources, and funding options.  

          2)Requires the Los Angeles and Long Beach ports to consult with 
            the Southern California Association of Governments and the 
            Oakland port to consult with the Metropolitan Transportation 
            Commission on infrastructure projects that improve cargo 
            movement efficiency and reduce congestion impacts associated 
            with cargo movement.  

          3)Requires the Los Angeles and Long Beach ports to consult with 
            the South Coast Air Quality Management District and Oakland to 
            consult with the Bay Area Air Quality Management District on 
            air quality projects that reduce pollution associated with 
            cargo movement, including projects that reduce pollution from 
            trucks, cargo handling equipment, locomotives, and ships.  

           FISCAL EFFECT  

          1)Negligible state costs.

          2)Local, nonreimbursable costs of an unknown amount to complete 
            infrastructure assessments.








                                                                  SB 739
                                                                  Page  2


           COMMENTS  

           1)Rationale.   According to the author, there have been several 
            plans for goods movement infrastructure or for reducing goods 
            movement emissions, but those plans are now dated and, 
            generally, do not identify funding sources.  The author 
            contends this bill will help define the infrastructure and air 
            quality needs of the state's largest ports, as well as the 
            funding sources to pay for those needs.




           2)Background  .
           
             a)   California's Ports.  State law establishes 11 ports:  
               Humboldt Bay, Hueneme, Long Beach, Los Angeles, Oakland, 
               Redwood City, Richmond, Sacramento, San Diego, San 
               Francisco, and Stockton.  The law allows each port to 
               establish a general plan and prescribe specifications for 
               improvements.  Ports are local government agencies governed 
               by port commissions responsible for developing, 
               maintaining, and overseeing the operation of shore side 
               facilities for the transfer of cargo between ships, trucks, 
               and railroads.  The ports are regulated by several state 
               and local government agencies, including the Business, 
               Transportation and Housing Agency, State Resources Agency, 
               Bay Conservation and Development Commission, State Air 
               Resources Board, and local air quality districts.
           
             b)   Port-related Air Pollution Is Costly  .  According to a 
               2006 report by ARB, pollution from state ports causes 2,400 
               premature deaths annually.  ARB recently estimated that 
               over the next 15 years, polluting activity from operations 
               at California's ports will have an aggregate health impact 
               equivalent to approximately $200 billion in present value 
               dollars.  The state risks losing federal transportation 
               funding for port areas that fail to meet federal clean air 
               standards.  ARB estimates the cost to reduce goods movement 
               emissions is between $6 billion and $10 billion.  

              c)   Bond Money for Goods Movement-Related Infrastructure  .  
               Proposition 1B, the Highway Safety, Traffic Reduction, Air 
               Quality, and Port Security Bond Act of 2006, authorizes 








                                                                  SB 739
                                                                  Page  3

               approximately $20 billion of general obligation bonds to 
               fund transportation projects to relieve congestion, improve 
               the movement of goods, improve air quality, and enhance the 
               safety and security of the transportation system.  Of the 
               $20 billion, $1 billion is for the ARB for emission 
               reductions, not otherwise required by law or regulation, 
               from activities related to the movement of freight along 
               California's trade corridors.  An additional $2 billion in 
               Proposition 1B monies is dedicated to the Trade Corridor 
               Improvement Program for infrastructure improvements along 
               federally designated "Trade Corridors of National 
               Significance" in this state or along other corridors within 
               this state that have a high volume of freight movement. 

           3)Related Legislation.   This bill is substantially the same as 
            SB 632 (Lowenthal, 2009), which passed this committee 11-3.  
            SB 632 was subsequently amended to address an unrelated topic 
            and was held in Assembly Rules Committee.

           4)Supporters  include the Bay Area Air Quality Management 
            District and Breathe California, who argue that the bill will 
            provide better, more detailed funding on needed infrastructure 
            upgrades at California's largest ports, which will help 
            advance those projects and consequent air quality and 
            transportation improvements.

           5)There is no registered opposition to this bill.
           
           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081