BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2042
                                                                  Page  1

          Date of Hearing:   April 21, 2004 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                  AB 2042 (Lowenthal) - As Amended:  April 1, 2004 

          Policy Committee:                              Transportation  
          Vote:        8-6

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

           SUMMARY  

          This bill establishes a process for restricting future air  
          pollution generated by activities at the Ports of Long Beach and  
          Los Angeles.  Specifically, this bill:

          1)Requires the South Coast Air Quality Management District  
            (SCAQMD) to establish an air quality baseline for the Ports of  
            Long Beach and Los Angeles based on the ports' emission  
            inventory for 2001 and 2002, respectively.

          2)Requires the City of Long Beach and the City of Los Angeles to  
            require growth and operations at their respective ports to be  
            limited or controlled in a manner that prevents air pollution  
            at each port from exceeding the baselines.

          3)Requires each of these cities, starting March 1, 2006 and on  
            March 1st annually thereafter, to report to the SCAQMD  
            regarding compliance with the requirements of #2, above. 

           FISCAL EFFECT  

          1)Minor one-time costs, less than $50,000 in FY 2004-05, to the  
            SCAQMD to establish the ports' air quality baselines; these  
            costs are potentially covered by fees the SCAQMD is authorized  
            to impose on the Cities of Long Beach and Los Angeles.  (Local  
            funds.)

          2)Minor costs, probably less than an aggregate of $100,000  
            annually starting in FY 2005-06, to the Cities of Long Beach  
            and Los Angeles to report to the SCAQMD on their compliance  
            with the bill's air quality baseline requirements; these costs  








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            are reimbursable from the state.  (GF)

           COMMENTS  

           1)Rationale  .  The author argues that emissions of air pollutants  
            at the Ports of Long Beach and Los Angeles, primarily those  
            resulting from fuels burned by large vessels, equipment, and  
            trucks at port facilities, contribute significantly to air  
            quality degradation in adjacent communities and the Los  
            Angeles Air Basin.  Since projections indicate economic growth  
            and increased foreign trade activity are likely to increase  
            activities at these ports in the years to come, the author  
            believes it important to closely and continually monitor the  
            level of emissions resulting for port activity and to ensure  
            that the ports' contribution to air quality degradation does  
            not increase.
           
          2)Sources of Emissions  .  Sources of air pollutants emitted from  
            these ports include primarily diesel emissions from  
            ocean-going vessels and harbor craft, cargo handling  
            equipment, locomotives, and commercial and private vehicles.   
            Activities at these ports include industrial, commercial,  
            recreational and fishing operations.  Facilities include  
            automobile, container, and lumber terminals, liquid and dry  
            bulk facilities, cruise, trade and passenger traffic  
            facilities, commercial fishing facilities, fish canneries,  
            shipyards, and boat repair yards, and marinas for pleasure  
            craft, sport fishing boats, and charter vessels.

           3)Air Quality Improvement Efforts  .  The Port of Long Beach has  
            an Air Quality Improvement Program designed to achieve  
            measurable long-term reductions in air pollution, primarily  
            from diesel emissions.  The primary focus of these emission  
            reduction efforts is on diesel emissions from tenant- and  
            port-owned equipment and locomotives.  The program promotes  
            the use of alternative fuels and vehicles and equipment with  
            cleaner-burning engines.  The program also seeks to make  
            infrastructure and operational improvements to reduce diesel  
            emissions resulting from truck traffic congestion.

            The Port of Los Angeles has pursued several specific programs  
            and actions to reduce the emission of air pollutants from its  
            port activities:  channel deepening so the port can  
            accommodate larger ships and reduce total ship visits;  
            installation of diesel oxidation catalysts in the engines of  








                                                                  AB 2042
                                                                  Page  3

            equipment such as yard tractors, side and top picks,  
            forklifts, and transtainers, shoreside electrical power  
            provided to container vessels while at dock, vessel speed  
            reduction, and tugboat retrofitting.

           4)No Penalties  .  While this bill requires the Cities of Long  
            Beach and Los Angeles to require growth and operations at its  
            ports to be undertaken in a manner that does not increase air  
            pollution above their ports' respective 2001 and 2002 baseline  
            levels, this bill does not impose any penalties for  
            noncompliance.

           Analysis Prepared by  :    Steve Archibald / APPR. / (916)  
          319-2081