BILL NUMBER: AB 2042 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 3, 2004
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 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 2002
, and a baseline for air quality in the Port of Los Angeles
that is based on that port's emission inventory for 2002
2001 , including covering
emissions from oceangoing vessels and harbor craft, cargo
handling equipment, locomotives, and commercial vehicles, as defined.
The bill would authorize the baseline to include only oxides
of nitrogen, particulate matter, sulfur oxide, and total
hydrocarbons.
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 of those cities , on March 1,
2006, and every March 1 thereafter, to report to the district
regarding the that 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 on the City of
Long Beach and the City of Los Angeles to cover the district's
costs of administering these provisions.
The bill would authorize the Port of Los Angeles and the Port of
Long Beach to establish an emission reduction credit trading program
or an emission offset program for the sources covered by the
baseline, if the program is approved by the district or the State Air
Resources Board.
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) (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
2002 .
(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 2001 .
(3) The baselines established by the district
South Coast Air Quality Management District under this
subdivision shall include, but need not be limited to,
emissions subdivision shall only cover emissions
from oceangoing vessels and harbor craft, cargo handling equipment,
locomotives, and commercial vehicles, as defined in subdivision (b)
of Section 15210 of the Vehicle Code.
(4) The baseline established by the district pursuant to
subdivision (a) may only include emissions of the following air
contaminants:
(A) Oxides of nitrogen.
(B) Particulate matter.
(C) Sulfur oxide.
(D) Total hydrocarbons.
(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 the City of Long Beach and the City of Los
Angeles shall report to the district
South Coast Air Quality Management 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.
(d) The South Coast Air Quality Management District may impose a
fee on the City of Long Beach and the City of Los Angeles to cover
the costs of administering this section, in an amount that does not
exceed those costs.
(e) The Port of Los Angeles and the Port of Long Beach may
establish an emission reduction credit trading program or an emission
offset program for the sources described in paragraph (3) of
subdivision (a), if the program is approved by either the South Coast
Air Quality Management District or the State Air Resources Board.
(f) The provisions of this section are intended to grant only
oversight authority to the South Coast Air Quality Management
District with respect to the baselines established by the Port of
Long Beach and the Port of Los Angeles based on their respective
emission inventories.
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.