BILL NUMBER: SB 632 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Lowenthal
FEBRUARY 27, 2009
An act to amend and renumber Section 1760 of, to add a heading to
Chapter 1 (commencing with Section 1720) of, and to add Chapter 2
(commencing with Section 1740) to, Part 2 of Division 6 of, the
Harbors and Navigation Code, relating to ports.
LEGISLATIVE COUNSEL'S DIGEST
SB 632, as introduced, Lowenthal. Ports: congestion relief: air
pollution mitigation.
(1) Existing law regulates the operation of ports and harbors.
This bill would require the Ports of Long Beach, Los Angeles, and
Oakland, beginning January 1, 2010, to assess their infrastructure
and air quality improvement needs, including, but not limited to,
projects that improve the efficiency of the movement of cargo while
reducing pollution associated with the movement of that cargo, and
the replacement of trucks, cargo handling equipment, locomotives, and
ships that move that cargo.
The bill would require each port to provide this assessment to the
Legislature by July 1, 2010, and to include in the assessment the
total costs of the infrastructure and air quality improvements and
possible funding options for these projects.
By imposing these additional duties upon the ports this bill would
establish a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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 heading of Chapter 1 (commencing with Section 1720)
is added to Part 2 of Division 6 of the Harbors and Navigation Code,
immediately preceding Section 1720, to read:
CHAPTER 1. PORT FACILITY CONSTRUCTION
SEC. 2. Chapter 2 (commencing with Section 1740) is added to Part
2 of Division 6 of the Harbors and Navigation Code, to read:
CHAPTER 2. PORT CONGESTION RELIEF AND PORT MITIGATION RELIEF
1740. The Legislature hereby finds and declares all of the
following:
(a) The Ports of Long Beach, Los Angeles, and Oakland operate in
unique communities, environments, and markets that require
infrastructure improvements and air pollution reduction measures
tailored to the nature and degree of need in each port of each
community.
(b) There is a need to mitigate the enormous burden imposed on the
highway transportation system serving the Ports of Long Beach, Los
Angles, and Oakland by the overland movement of container cargo
shipped to and from those ports.
(c) The operations at the ports, including the movement of
locomotives, ships, and trucks that move cargo containers to and from
the ports, cause air pollution that requires mitigation. This
pollution contributes to the thousands of premature deaths and
billions of dollars of health costs each year attributable to goods
movement pollution in California.
1750. Beginning January 1, 2010, the Port of Long Beach shall
assess its infrastructure and air quality improvement needs
including, but not limited to, projects that improve the efficiency
of the movement of cargo while reducing pollution associated with the
movement of that cargo, and the replacement of the trucks, cargo
handling equipment, locomotives, and ships that move that cargo. On
or before July 1, 2010, the port shall provide this assessment to the
Legislature and shall include, but not be limited to, an assessment
of total costs of the infrastructure and air quality improvements as
well as all of the possible funding options for those projects.
1760. Beginning January 1, 2010, the Port of Los Angeles shall
assess its infrastructure and air quality improvement needs
including, but not limited to, projects that improve the efficiency
of the movement of cargo while reducing pollution associated with the
movement of that cargo, and the replacement of the trucks, cargo
handling equipment, locomotives, and ships that move that cargo. On
or before July 1, 2010, the port shall provide this assessment to the
Legislature and shall include, but not be limited to, an assessment
of total costs of the infrastructure and air quality improvements as
well as all of the possible funding options for those projects.
1770. Beginning January 1, 2010, the Port of Oakland shall assess
its infrastructure and air quality improvement needs including, but
not limited to, projects that improve the efficiency of the movement
of cargo while reducing pollution associated with the movement of
that cargo, and the replacement of the trucks, cargo handling
equipment, locomotives, and ships that move that cargo. On or before
July 1, 2010, the port shall provide this assessment to the
Legislature and shall include, but not be limited to, an assessment
of total costs of the infrastructure and air quality improvements as
well as all of the possible funding options for those projects.
SEC. 3. Section 1760 of the Harbors and Navigation Code is amended
and renumbered to read:
1760. 1730. (a) For purposes of
this section, "council" means the California Marine and Intermodal
Transportation System Advisory Council, a regional subunit of the
Marine Transportation System National Advisory Council chartered by
the federal Secretary of Transportation under the Federal Advisory
Council Act (P.L. 92-463) (Public Law 92-463)
.
(b) The council is requested to do all of the following:
(1) Meet, hold public hearings, and compile data on issues that
include, but need not be limited to, all of the following:
(A) The projected growth of each maritime port in the state.
(B) The costs and benefits of developing a coordinated state
program to obtain federal funding for maritime port growth, security,
and congestion relief.
(C) Impacts of maritime port growth on the state's transportation
system.
(D) Air pollution caused by movement of goods through the state's
maritime ports, and proposed methods of mitigating or alleviating
that pollution.
(E) Maritime port security, including, but not limited to,
training, readiness, certification of port personnel, exercise
planning and conduct, and critical marine transportation system
infrastructure protection.
(F) A statewide plan for continuing operation of maritime ports in
cooperation with the United States Coast Guard, the federal
Department of Homeland Security, the Office of Emergency
Services, the state Office of Homeland Security
California Emergency Management Agency , and the California
National Guard, consistent with the state's emergency management
system and the national emergency management system, in the event of
a major incident or disruption of port operations in one or more of
the state's maritime ports.
(G) State marine transportation policy, legislation, and planning;
regional infrastructure project funding; competitiveness;
environmental impacts; port safety and security; and any other
matters affecting the marine transportation system of the United
States within, or affecting, the state.
(2) Identify all state agencies that are involved with the
development, planning, or coordination of maritime ports in the
state.
(3) Identify other states that have a statewide port master plan
and determine whether that plan has assisted those states in
improving their maritime ports.
(4) Compile all information obtained pursuant to paragraphs (1) to
(3), inclusive, and submit its findings in a report to the
Legislature not later than January 1, 2006. The report should
include, but need not be limited to, recommendations on methods to
better manage the growth of maritime ports and address the
environmental impacts of moving goods through those ports.
(c) The activities of the council pursuant to this section shall
not be funded with appropriations from the General Fund.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.