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