BILL NUMBER: AB 2042 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 1, 2004
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 amended, Lowenthal. Ports: Port of Los Angeles:
Port of Long Beach: air pollution.
(1) Existing law provides for the regulation of ports and harbors.
Existing law, the Lewis-Presley Air Quality Management Act,
establishes the South Coast Air Quality Management District as the
sole and exclusive local agency within those portions of the Counties
of Los Angeles, Orange, Riverside, and San Bernardino that are
included within the South Coast Air Basin.
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 south coast district to establish
a baseline for air quality in the Port of Long Beach that is based on
the port's emission inventory for 2001, and a baseline for air
quality in the Port of Los Angeles that is based on that port's
emission inventory for 2002, including emissions from ocean-going
vessels and harbor craft, cargo handling equipment, locomotives, and
commercial vehicles, as defined.
The bill would require the City of Long Beach, for the Port of
Long Beach, and the City of Los Angeles, for the Port of Los Angeles,
to require growth and operations at its port to be limited or
controlled in a manner that prevents air pollution at the port from
exceeding the specified baseline. The bill would require each city,
on March 1, 2006, and every March 1 thereafter, to report to the
district regarding the city's compliance with this requirement,
including an accounting of the city's programs and efforts that are
directed towards that compliance.
The bill would authorize the district to impose a fee upon each
city that does not exceed the district's costs of administering these
provisions . The
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.
1740. (a) (1) The South Coast Air Quality Management District
shall establish a baseline for air quality in the Port of Long Beach
that is based on the port's emission inventory for 2001.
(2) The district shall establish a baseline for air quality in the
Port of Los Angeles that is based on the port's emission inventory
for 2002.
(3) The baselines established by the district under this
subdivision shall include, but need not be limited to, emissions from
ocean-going vessels and harbor craft, cargo handling equipment,
locomotives, and commercial vehicles, as defined in subdivision (b)
of Section 15210 of the Vehicle Code.
(b) The City of Long Beach, for the Port of Long Beach, and the
City of Los Angeles, for the Port of Los Angeles, shall require
growth and operations at its port to be limited or controlled in a
manner that prevents air pollution at the port from exceeding the
baseline established under subdivision (a).
(c) On March 1, 2006, and every March 1 thereafter, each city
shall report to the district regarding the city's compliance with
subdivision (b), including, but not limited to, an accounting of the
city's programs and efforts that are directed towards that
compliance.
(d) The district may impose a fee upon each city that does not
exceed the district's costs of administering this section.
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.