BILL NUMBER: SB 862 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 4, 2011
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 amended, 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 infrastructure and air quality
improvement projects related to the movement of
port-related cargo and port operations 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 PierPASS or a similar entity created by the
West Coast Marine Terminal Operator Agreement , for funding the
list of goods movement infrastructure and
air quality improvement projects . The bill would provide
that this funding is intended to leverage funding from other sources
and is not intended to be the sole source of funding for the pr
ojects. The bill would require the authority to consider
specified projects for inclusion in the priority list and would
require the authority to consult with the South Coast Air Quality
Management District regarding air quality improvement 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. (a) The Legislature finds and declares
all of the following:
(a)
(1) 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)
(2) 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)
(3) 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)
(4) 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)
(5) 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)
(6) 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.
(b) It is the intent of the Legislature to alleviate these burdens
by leveraging public dollars with private funds to do both of the
following:
(1) Improve the goods movement infrastructure system in southern
California with a cleaner, more efficient infrastructure system.
(2) Mitigate the air pollution resulting from port operations
moving goods from the Ports of Los Angeles and Long Beach throughout
southern California.
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.
(b) 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. supporting the list. The
authority shall consider infrastructure and air quality improvement
projects that are consisten t with Section 1773 or 1774.
(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).
understanding with PierPASS, created by the West
Coast Marine Terminal Operator Agreement, or a similar entity created
by the agreement and approved by the Federal Maritime Commission for
providing funding for projects listed pursuant to subdivision (b)
that are consistent with Sections 1773 and 1774.
(e) Funding sought by the authority pursuant to subdivision (c)
for projects is intended to leverage funding from other sources,
including, but not limited to, local agencies, state sources, and
federal sources, and is not intended to be the sole source of
funding.
CHAPTER 3. INFRASTRUCTURE AND AIR QUALI
TY IMPROVEMENT PROJECTS
1773. (a) When considering infrastructure projects, the authority
shall consider all of the following projects:
(1) Grade separation projects in the Counties of Los Angeles,
Orange, Riverside, and San Bernardino.
(2) A project to separate at-grade rail crossings between the
Union Pacific Railroad and the Burlington Northern Santa Fe Railroad
in the County of San Bernardino, also known as Colton Crossing.
(3) A project to improve ondock rail infrastructure at the Port of
Los Angeles and the Port of Long Beach using electricity, magnetic
levitation, or other similar zero-emission technology.
(4) Other projects deemed appropriate by the authority.
(b) In determining which projects to select for the list, the
authority shall also take into account the entire rail and trade
corridor servicing the Ports of Los Angeles and Long Beach.
(c) A rail grade separation project considered pursuant to this
section shall reduce conflicts between trains carrying port-related
cargo and motor vehicles, or reduce conflicts among trains carrying
port-related cargo.
1774. (a) When considering air quality improvement projects, the
authority shall consider all of the following projects:
(1) The replacement, repowering, or retrofitting of heavy-duty
diesel vehicles moving port-related cargo.
(2) The replacement, repowering, or retrofitting of locomotive
engines, including engines within railyards in southern California,
moving port-related cargo.
(3) Mobile or portable shoreside distributed power generation to
oceangoing cargo container vessels that eliminates the need to use
the electricity grid at the Port of Los Angeles or the Port of Long
Beach, and that has been tested and verified by the State Air
Resources Board or a local air quality management district.
(4) The electrification of the rail infrastructure used to move
cargo to and from the Port of Los Angeles or the Port of Long Beach.
(5) Shoreside electrical power generation to oceangoing cargo
container vessels at the Port of Los Angeles or the Port of Long
Beach.
(6) Container cargo-handling equipment at the Port of Los Angeles
or the Port of Long Beach.
(b) The authority shall consult with the South Coast Air Quality
Management District before compiling a list of projects pursuant to
this section.
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.