BILL ANALYSIS                                                                                                                                                                                                    �



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          SENATE THIRD READING
          SB 739 (Alan Lowenthal)
          As Amended  July 7, 2011
          Majority vote 

           SENATE VOTE  :32-7  
           
           TRANSPORTATION      12-2        APPROPRIATIONS      11-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Bonnie Lowenthal,         |Ayes:|Fuentes, Blumenfield,     |
          |     |Jeffries, Achadjian,      |     |Bradford, Charles         |
          |     |Blumenfield, Bonilla,     |     |Calderon, Campos, Gatto,  |
          |     |Buchanan, Eng, Furutani,  |     |Hall, Hill, Lara,         |
          |     |Galgiani, Miller,         |     |Mitchell, Solorio         |
          |     |Portantino, Solorio       |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Logue, Norby              |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
           ----------------------------------------------------------------- 
           
          SUMMARY  :  Requires the ports of Los Angeles, Long Beach, and 
          Oakland, beginning January 1, 2012, to assess their 
          infrastructure and air quality improvement needs.  Specifically, 
           this bill  :  

          1)Makes various findings and declarations relative to the need 
            of infrastructure improvements and air quality reduction 
            measures for the state's major ports.  

          2)Requires the ports of Long Beach, Los Angeles (San Pedro 
            Ports), and the port of Oakland (Oakland) to assess 
            infrastructure and air quality improvement needs beginning 
            January 1, 2012.  

          3)Requires the San Pedro ports to consult with the Southern 
            California Association of Governments, and Oakland to consult 
            with the Metropolitan Transportation Commission, on 
            infrastructure projects that improve cargo movement efficiency 
            and reduce congestion impacts associated with cargo movement.  
            The ports must identify the project, funding sources or 
            possible funding sources, and estimated project timeliness for 
            completion.  








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          4)Requires the San Pedro ports to consult with the South Coast 
            Air Quality Management District (South Coast), and Oakland to 
            consult with the Bay Area Air Quality Management District 
            (BAAQMD), on air quality projects that reduce pollution 
            associated with cargo movement, including projects that reduce 
            pollution from trucks, cargo handling equipment, locomotives, 
            and ships.  The ports must identify the project, funding 
            sources or possible funding sources, and estimated project 
            timelines for completion.  

          5)Requires the ports to provide the assessments to the Assembly 
            Natural Resources Committee, Assembly Transportation 
            Committee, Senate Environmental Quality Committee, and Senate 
            Transportation and Housing Committee by July 1, 2012, 
            including assessments of infrastructure and air quality 
            improvement costs, funding sources, and possible funding 
            options for projects without a funding source.  

          6)Makes inoperative the report requirement four years after the 
            bill's enactment.  

          7)Makes non-substantive changes to the California Marine and 
            Intermodal Transportation System Advisory Council (CALMITSAC). 
             

           EXISTING LAW  :  

          1)Establishes 11 ports in the state:  Humboldt Bay, Hueneme, 
            Long Beach, Los Angeles, Oakland, Redwood City, Richmond, 
            Sacramento, San Diego, San Francisco, and Stockton.  The law 
            allows each port to lay out, plan, and establish a general 
            plan and port system improvements and prescribe the 
            specifications for such improvements.  

          2)Authorizes, through the enactment of Proposition 1B, the 
            Highway Safety, Traffic Reduction, Air Quality, and Port 
            Security Bond Act of 2006, as approved by the statewide voters 
            in November 2006, the state to sell approximately $20 billion 
            of general obligation bonds to fund transportation projects to 
            relieve congestion, improve the movement of goods, improve air 
            quality, and enhance the safety and security of the 
            transportation system.  Of the $20 billion, allocates $1 
            billion to California Air Resources Board (ARB) for emission 








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            reductions, not otherwise required by law or regulation, from 
            activities related to the movement of freight along 
            California's trade corridors (commencing at the state's 
            airports, seaports and land ports of entry).  Provides funds 
            for the replacement, repower, or retrofit of heavy-duty 
            trucks, locomotives, commercial harbor craft, ocean-going 
            vessels related to freight, and cargo-handling equipment with 
            cleaner technology alternatives.  Port environs qualify as one 
            of four targeted freight corridors for expenditure of the $1 
            billion.  

          3)Establishes through the enactment of Proposition 1B, the Trade 
            Corridor Improvement Program, that includes $2 billion, for 
            allocation by the California Transportation Commission (CTC) 
            for infrastructure improvements along federally designated 
            "Trade Corridors of National Significance" in this state or 
            along other corridors within this state that have a high 
            volume of freight movement.  The CTC is to consult the Trade 
            Infrastructure and Goods Movement Plan, trade infrastructure 
            and goods movement plans adopted by regional transportation 
            planning agencies, regional transportation plans, and 
            CalMITSAC Statewide Port Master Plan.  

          FISCAL EFFECT  :  Accordingly to the Assembly Appropriations 
          Committee, negligible state costs.  Local, nonreimbursable costs 
          of an unknown amount to complete infrastructure assessments.  
           
           COMMENTS  :  California's 11 public ports, located along the coast 
          from San Diego to Humboldt and inland along the Sacramento and 
          San Joaquin Rivers, are the global gateways for goods movement.  
          Governed by "port commissions," these local government bodies 
          develop, maintain, and oversee the operation of shore side 
          facilities for the intermodal transfer of cargo between ships, 
          trucks, and railroads.  A significant number of jobs in the 
          state are tied to trade, and the value of international trade 
          alone exceeds $350 billion.  Ports are seen as integral to 
          keeping California the sixth largest economy in the world.  

          According to a 2006 report by ARB, pollution from our state's 
          ports causes 2,400 premature deaths annually.  ARB recently 
          estimated that over the next 15 years, polluting activity from 
          operations at California's ports will have an aggregate health 
          impact equivalent to approximately $200 billion in present value 
          dollars.  








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          Relative to goods movement infrastructure development needs, 
          according to the Los Angeles Economic Development Corp., 
          Southern California must spend at least $10.5 billion to improve 
          railroads, rail yards and highways to keep up with surging 
          international trade or risk losing more than 500,000 new jobs 
          and more than $1 billion of taxes a year.  Inefficiencies in the 
          freight transport system are costly to the state.  Improving the 
          rail system will reduce the number of diesel trucks on the 
          state's freeways and alleviate congestion.  

          According to the author, "there have been several plans either 
          for goods movement infrastructure or for reducing goods movement 
          emissions, however those plans are several years old and most do 
          not identify where funds will come from to build goods movement 
          infrastructure or to reduce emissions from goods movement in 
          California."  

          This bill seeks to find out how the San Pedro ports and the Port 
          of Oakland will fund their improvements along with providing 
          estimated timelines for implementation of the action measures.  

          Support:  The author contends that ensuring the completion of 
          infrastructure and air quality improvements in California is 
          especially important in light of increased competition from 
          ports on the East Coast and in the Southern United States, 
          noting that a project to widen the Panama Canal to allow for 
          more shipping between Asia and other parts of the U.S. is 
          expected to be completed in 2014.  

          Further, according to a coalition of clean air and environmental 
          advocacy groups, "California ports and goods movement 
          infrastructure went through a statewide planning exercise some 
          time ago with the Governor's Goods Movement Action Plan of 2006. 
           This plan, while useful, is now quite dated.  The ports have 
          also gone through air quality planning efforts with the San 
          Pedro Bay (Ports) Clean Air Action Plan in Southern California 
          and the Maritime Air Quality Improvement Program in Oakland.  
          These plans, however, have never been integrated into a 
          statewide policy articulating progress towards state and local 
          clean air goals as well as funding needs."  

           
          Analysis Prepared by  :    Ed Imai / TRANS. / (916) 319-2093 








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