BILL NUMBER: AB 2042	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lowenthal

                        FEBRUARY 17, 2004

   An act to add Section 1740 to the Harbors and Navigation Code,
relating to ports.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2042, as introduced, Lowenthal.  Ports:  Port of Los Angeles:
Port of Long Beach:  air pollution.
   (1) Existing law provides for the regulation of ports and harbors.

   This bill would require the Port of Long Beach and the Port of Los
Angeles to ensure that all future growth at each port will have a
zero net increase in air pollution.  The bill would require each port
to establish the baseline for air pollution in consultation with the
South Coast Air Quality Management District.  The bill would
establish a state-mandated local program by imposing new duties upon
those local entities.
  (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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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 Legislature hereby finds and declares all of the
following:
   (a) Exhaust fumes from diesel fuel are known to cause cancer.
   (b) A landmark study conducted by the South Coast Air Quality
Management District, the "Multiple Air Toxics Exposure Study," found
that 70 percent of all serious health risks attributable to mobile
pollution sources are attributable to diesel engine exhaust.
   (c) The federal Clean Air Act (42 U.S.C. Sec. 7401, et seq.)
requires certain regions that have high levels of air pollution
demonstrate that construction of new highways will not worsen air
pollution.
  SEC. 2.  Section 1740 is added to the Harbors and Navigation Code,
to read:
   1740.  (a) The Port of Long Beach and the Port of Los Angeles
shall ensure that all future growth at each port will have a zero net
increase in air pollution.
   (b) Each port shall establish the baseline for air pollution in
consultation with the South Coast Air Quality Management District.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.