BILL NUMBER: SB 632 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 18, 2010
AMENDED IN SENATE APRIL 30, 2009
AMENDED IN SENATE MARCH 31, 2009
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.
An act to add Sections 40541 and 41083 to the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 632, as amended, Lowenthal. Ports: congestion relief:
air pollution mitigation. South Coast Air Quality
Management District: Sacramento Metropolitan Air Quality Management
District: motor vehicle fee.
Existing law creates the South Coast Air Quality Management
District with jurisdiction over air quality within the South Coast
Air Basin, including in the Counties of Los Angeles, Orange,
Riverside, and San Bernardino. Existing law creates the Sacramento
Metropolitan Air Quality Management District within the County of
Sacramento. Existing law authorizes air pollution control and air
quality management districts, including the south coast and
Sacramento districts, to impose various fees to reduce air pollution
from motor vehicles.
This bill would authorize the south coast district and Sacramento
district, until January 1, 2020, to levy an additional fee of up to
$3 upon motor vehicles registered within the districts, and would
authorize the districts to use the revenues created by the fee for
projects to reduce emissions of nitrogen oxides and volatile organic
compounds, as provided. The fee would be collected by the Department
of Motor Vehicles upon renewal of vehicle registration.
(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, reduce
congestion impacts associated with the movement of cargo, and reduce
pollution associated with the movement of 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,
possible funding options for these projects, and estimated timelines
for implementation.
By imposing these additional duties upon the ports, this bill
would establish a state-mandated local program.
(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.
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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 40541 is added to the
Health and Safety Code , to read:
40541. (a) In addition to any other fees authorized by law, the
south coast district, until January 1, 2020, may levy a fee of up to
three dollars ($3) upon a motor vehicle registered within the
district. The fee shall be paid to, and collected by, the Department
of Motor Vehicles, upon renewal of registration of a motor vehicle
registered within the south coast district. This subdivision shall
not apply to a vehicle that is expressly exempted under the Vehicle
Code from the payment of registration fees or a vehicle that meets
the standards adopted by the state board for a zero-emission vehicle.
(b) After deducting all costs incurred pursuant to this section by
the Department of Motor Vehicles, the Department of Motor Vehicles
shall distribute the remaining revenues collected pursuant to this
section to the south coast district.
(c) The south coast district shall use the revenues created
pursuant to this section for projects to reduce emissions of nitrogen
oxides or volatile organic compounds, or both, from motor vehicles.
The south coast district shall not use more than 5 percent of the
revenues received by the south coast district pursuant to this
section to pay for the south coast district's administrative costs in
implementing this section.
(d) (1) The south coast district shall not use revenues created
pursuant to this section to fund an emission reduction required by a
local, state, or federal statute, rule, regulation, memorandum of
agreement or understanding, or other legally binding document, unless
the date on which funding is awarded for a project is on or before
the compliance date for that emission reduction requirement.
(2) The south coast district may use revenues created pursuant to
this section to fund a project even if the state implementation plan
assumes that the emission reductions that would be created by that
project will occur, if the south coast district complies with
paragraph (1).
SEC. 2. Section 41083 is added to the
Health and Safety Code , to read:
41083. (a) In addition to any other fees authorized by law, the
Sacramento district, until January 1, 2020, may levy a fee of up to
three dollars ($3) upon a motor vehicle registered within the
district. The fee shall be paid to, and collected by, the Department
of Motor Vehicles, upon renewal of registration of a motor vehicle
registered within the Sacramento district. This subdivision shall not
apply to a vehicle that is expressly exempted under the Vehicle Code
from the payment of registration fees or a vehicle that meets the
standards adopted by the state board for a zero-emission vehicle.
(b) After deducting all costs incurred pursuant to this section by
the Department of Motor Vehicles, the Department of Motor Vehicles
shall distribute the remaining revenues collected pursuant to this
section to the Sacramento district.
(c) The Sacramento district shall use the revenues created
pursuant to this section for projects to reduce emissions of nitrogen
oxides or volatile organic compounds, or both, from motor vehicles.
The Sacramento district shall not use more than 5 percent of the
revenues received by the Sacramento district pursuant to this section
to pay for the Sacramento district's administrative costs in
implementing this section.
(d) (1) The Sacramento district shall not use revenues created
pursuant to this section to fund an emission reduction required by a
local, state, or federal statute, rule, regulation, memorandum of
agreement or understanding, or other legally binding document, unless
the date on which funding is awarded for a project is on or before
the compliance date for that emission reduction requirement.
(2) The Sacramento district may use revenues created pursuant to
this section to fund a project even if the state implementation plan
assumes that the emission reductions that would be created by that
project will occur, if the Sacramento district complies with
paragraph (1).
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
Angeles, 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. (a) Beginning January 1, 2010, the Port of Long Beach shall
assess its infrastructure and air quality improvement needs.
(b) The port, when assessing infrastructure projects, shall
consult with the Southern California Association of Governments on
projects that improve the efficiency of cargo movement and reduce
congestion impacts associated with the movement of cargo to and from
the port through the southern California region. The port shall
identify any project lists, such as the Goods Movement Action Plan,
and provide any updated information for the projects on those lists.
In the assessment, the port, at a minimum, shall identify the
projects, funding source or possible funding source, and estimated
timelines for completion.
(c) The port, when assessing air quality projects, shall consult
with the South Coast Air Quality Management District on projects that
reduce pollution associated with the movement of cargo to and from
the port through the southern California region, including, but not
limited to, projects that reduce pollution from trucks, cargo
handling equipment, locomotives, and ships that move cargo within and
to and from the port. The port shall identify any project lists,
such as the Goods Movement Emission Reduction Plan or the San Pedro
Bay Clean Air Action Plan, and provide updated information for the
projects on those lists, where feasible. In the assessment, the port,
at a minimum, shall identify the projects, funding source or
possible funding source, and estimated timelines for implementation.
(d) 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, including updating cost estimates
from previous reports or project lists, for the infrastructure and
air quality improvements, as well as identifying funding for projects
that may have a source of funding and identifying possible funding
options for projects without a funding source.
1760. (a) Beginning January 1, 2010, the Port of Los Angeles
shall assess its infrastructure and air quality improvement needs.
(b) The port, when assessing infrastructure projects, shall
consult with the Southern California Association of Governments on
projects that improve the efficiency of cargo movement and reduce
congestion impacts associated with the movement of cargo to and from
the port through the southern California region. The port shall
identify any project lists, such as the Goods Movement Action Plan,
and provide any updated information for the projects on those lists.
In the assessment, the port, at a minimum, shall identify the
projects, funding source or possible funding source, and estimated
timelines for completion.
(c) The port, when assessing air quality projects, shall consult
with the South Coast Air Quality Management District on projects that
reduce pollution associated with the movement of cargo to and from
the port through the southern California region, including, but not
limited to, projects that reduce pollution from trucks, cargo
handling equipment, locomotives, and ships that move cargo within and
to and from the port. The port shall identify any project lists,
such as the Goods Movement Emission Reduction Plan or the San Pedro
Bay Clean Air Action Plan, and provide updated information for the
projects on those lists, where feasible. In the assessment, the port,
at a minimum, shall identify the projects, funding source or
possible funding source, and estimated timelines for implementation.
(d) 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, including updating cost estimates
from previous reports or project lists, for the infrastructure and
air quality improvements, as well as identifying funding for projects
that may have a source of funding and identifying possible funding
options for projects without a funding source.
1770. (a) Beginning January 1, 2010, the Port of Oakland shall
assess its infrastructure and air quality improvement needs.
(b) The port, when assessing infrastructure projects, shall
consult with the Metropolitan Transportation Commission on projects
that improve the efficiency of cargo movement and reduce congestion
impacts associated with the movement of cargo to and from the port
through the northern California region. The port shall identify any
project lists, such as the Goods Movement Action Plan, and provide
any updated information for the projects on those lists. In the
assessment, the port, at a minimum, shall identify the projects,
funding source or possible funding source, and estimated timelines
for completion.
(c) The port, when assessing air quality projects, shall consult
with the Bay Area Air Quality Management District on projects that
reduce pollution associated with the movement of cargo to and from
the port through the northern California region, including, but not
limited to, projects that reduce pollution from trucks, cargo
handling equipment, locomotives, and ships that move cargo within and
to and from the port. The port shall identify any project lists,
such as the Goods Movement Emission Reduction Plan, and provide
updated information for the projects on those lists, where feasible.
In the assessment, the port, at a minimum, shall identify the
projects, funding source or possible funding source, and estimated
timelines for implementation.
(d) 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, including updating cost estimates
from previous reports or project lists, for the infrastructure and
air quality improvements, as well as identifying funding for projects
that may have a source of funding and identifying possible funding
options for projects without a funding source.
SEC. 3. Section 1760 of the Harbors and
Navigation Code is amended and renumbered to read:
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 (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 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.