BILL NUMBER: SB 862 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Lowenthal
FEBRUARY 18, 2011
An act to add Part 3 (commencing with Section 1770) to Division 6
of the Harbors and Navigation Code, relating to the Southern
California Goods Movement Authority.
LEGISLATIVE COUNSEL'S DIGEST
SB 862, as introduced, Lowenthal. Southern California Goods
Movement Authority.
(1) Existing law requests the California Marine and Intermodal
Transportation System Advisory Council, a federal entity, to compile
data on, among other issues, air pollution caused by the movement of
goods through the state's maritime ports and proposed methods of
mitigating or alleviating that pollution.
This bill would establish the Southern California Goods Movement
Authority consisting of representatives from specified entities. The
bill would require the authority to establish a priority list of
goods movement projects in southern California. The bill would
require the Alameda Corridor East Construction Authority, a local
agency, to provide staff and meeting space for the authority, thereby
imposing a state-mandated local program. The bill would authorize
the authority to enter into a memorandum of understanding with
PierPass, a not-for-profit company, for funding the list of goods
movement projects.
(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, 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. Part 3 (commencing with Section 1770) is added to
Division 6 of the Harbors and Navigation Code, to read:
PART 3. Southern California Goods Movement Authority
CHAPTER 1. GENERAL PROVISIONS
1770. The Legislature finds and declares all of the following:
(a) There is a need to mitigate the enormous burden imposed on the
highway transportation system serving the Ports of Los Angeles and
Long Beach by the overland movement of container cargo shipped to and
from those ports.
(b) The operation of the ports and the trains, ships, and trucks
that move cargo containers to and from the ports cause air pollution
that requires mitigation.
(c) The improvement of goods movement infrastructure would benefit
the owners of container cargo moving through the ports by allowing
them to move container cargo more efficiently and reliably, and to
move more cargo through those ports.
(d) It is vital to the movement of goods in California, especially
in southern California, to resolve the road and rail conflicts of
locomotives carrying container cargo and automobile traffic by
building grade separations. This infrastructure will reduce air
pollution and provide benefits to the owners of container cargo by
mitigating rail expansion. Without these grade separations, the rail
expansion may not happen, and California could lose valuable goods
movement jobs.
(e) The reduction of goods movement air pollution would benefit
the owners of container cargo moving through the ports by
contributing to the achievement or maintenance of federal air quality
standards, which will allow for continued federal funding of goods
movement infrastructure projects.
(f) The Ports of Los Angeles and Long Beach 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.
CHAPTER 2. THE AUTHORITY
1772. (a) There is hereby established the Southern California
Goods Movement Authority. The authority shall be composed of one
representative from each of the following:
(1) The Port of Los Angeles, appointed by the Los Angeles Board of
Harbor Commissioners.
(2) The Port of Long Beach, appointed by the Long Beach Board of
Harbor Commissioners.
(3) The City of Los Angeles, appointed by the Mayor of Los
Angeles.
(4) The City of Long Beach, appointed by the Mayor of Long Beach.
(5) The City of Anaheim, appointed by the Mayor of Anaheim.
(6) The City of Riverside, appointed by the Mayor of Riverside.
(7) The City of San Bernardino, appointed by the Mayor of San
Bernardino.
(8) The Los Angeles County Metropolitan Transportation Authority,
appointed by the board of directors of the Los Angeles County
Metropolitan Transportation Authority.
(9) The Orange County Transportation Authority, appointed by the
board of directors of the Orange County Transportation Authority.
(10) The Riverside County Transportation Commission.
(11) The San Bernardino Associated Governments.
(12) The Alameda Corridor East Construction Authority.
(b) The authority shall be organized solely for the purpose of
establishing a priority list of goods movement projects in southern
California. Each representative shall have one vote when determining
the list of projects. When deciding on a list of projects, the
authority shall have at least a majority of its members supporting
the list that is transmitted to the California Transportation
Commission.
(c) For organization and meeting purposes, the Alameda Corridor
Transportation Authority shall provide staff and meeting space for
the authority. Public meeting laws that apply to the City of Long
Beach or the City of Los Angeles shall apply to the authority.
(d) The authority may enter into a memorandum of understanding
with PierPass, a not-for-profit company created by the marine
terminal operators at the Ports of Los Angeles and Long Beach, for
funding projects listed pursuant to subdivision (b).
SEC. 2. 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.