(April 16, 2008, with audio/updated text) -- An effort by newly elected Assemblyman Warren Furutani (D, Carson-LB) to require a quarter mile buffer zone between schools and railyards -- effectively a legislative challenge to the BNSF/Port of L.A proposed "Southern CA Int'l Gateway" (SCIG) railyard -- was blocked in the Democrat-controlled Assembly Transportation Committee as Assemblywoman Betty Karnette (D., Long Beach) joined in refusing to cast her vote in favor of the bill.

Ass'y webcast screen shot

At the April 14 Committee hearing on the bill, Assemblywoman Karnette didn't speak in support of Assemblyman Furutani's bill (and wasn't visible in the Committee when the bill was discussed). She appeared later in the meeting on other measures.

When the bill was called for a second roll call, Assemblywoman Karnette recorded herself as "not voting" while other Dems stayed off the bill with Repubs opposed. The Dem majority action, which effectively caused the bill to fail passage unless amended, came after two RR reps -- one from BNSF and the other from Union Pacific -- testified against the bill.

LBReport.com provides on-demand audio coverage of the Committee discussion, testimony and vote on this bill. We've removed pauses between some testimony; a whoosh sound indicates an edit between the first roll call vote and the second (near the end of the meeting) and we raised the audio level to ensure clarity for Assemblywoman Karnette's off-mike vote -- "not voting." Likewise boosted for clarity, reconsideration granted on the measure...meaning the bill can be brought up again, effectively inviting amendments to remove objections and/or water-down the verbiage.

The audio file runs roughly 12 minutes in total.

As presented to the Committee by Assemblyman Furutani, AB 2332 would prohibit the construction of a railyard within 440 yards (1/4 mile) of a school; prohibit the expansion of a railyard if it results in being within 1/4 mile of a school; and prohibits a railyard as of January 1, 2009, that is located within 1/4 mile of a school to expand those facilities that are within 1/4 mile of the school.

Assemblywoman Karnette's action could have LB-area political ramifications...as two members of the LB City Council -- Vice Mayor Bonnie Lowenthal and Councilwoman Tonia Reyes Uranga are vying for term-limited Assemblywoman Karnette's seat in a duel for Dem votes in June.

The Committee did vote to grant the bill "reconsideration" (a common procedure) meaning it can come up again (allowing amendments).

The SCIG railyard proposed by BNSF and the Port of L.A. is supported by port-industry interests and the LB Area Chamber of Commerce...and would involve the use of short-haul trucks to haul containers from ships to the SCIG facility along streets running through parts of WLB.

SCIG supporters call it "near-dock" rail...but neighborhood residents strongly oppose the project, calling "near-dock" a euphemism for "in-neighborhood" impacts...and note that their neighborhoods are already enduring very high pollution levels.

Proponents of the project acknowledge its impacts on WLB, but say it will have benefits regionally by getting trucks off area freeways and reducing pollution across the southland air basin.

At the Committee hearing, a BNSF RR rep said the SCIG facility will use clean cranes and cleaner trucks...and argued that Assemblyman Furutani's bill would prevent these benefits. A Union Pacific RR rep also opposed the bill, saying his company's planned expansion of its ICTF facility nearby would use measures making it as clean as possible.

Assemblyman Furutani was prepared for the industry arguments...and shot back that in talking about pollution reductions, the project proponents didn't discuss the increases in volumes that the project would also invite.

Assemblyman Furutani indicated that he was open to amendments and acknowledged that the railroads are taking actions they he said would bring future benefits, but he indicated that he's focused on the situation faced by his impacted constituents in the area now.

Elected in February to succeed (now Congressmember) Laura Richardson (who succeeded now State Senator Jenny Oropeza) Assemblyman Furutani promptly introduced a bill on port pollution...and amended it on April 3 to add the 1/4 mile school buffer zone concerning railyards.

The City of LB (through its policy-setting City Council) hasn't taken an explicit public position on Assemblyman Furutani's AB 2332 in its current form.

A legislative analysis of AB 2332 by staff of the Assembly Transportation Committee stated as follows:

According to the author, "children are among the most susceptible to high PM [particulate matter] levels. Exposure to diesel PM is a health hazard, particularly to children whose lungs are still developing. Railyard emission sources include, but are not limited to, locomotives and heavy heavy duty diesel trucks (i.e., drayage trucks), heavy duty trucks, cargo handling equipment, and fuel storage tanks. ARB analysis reports indicate that in certain railyards in the state, the combined on-site diesel PM emissions were estimated at about 24 tons per year, including limited off-site operation-related emissions within half-mile distances from railyards. Communities and schools in close proximity to railyards are vulnerable to the greatest negative health impact.

Studies suggest that an adequate buffer should exist between children and heavy traffic, such as railyards. Such exposure and close proximity can lead to reduced lung function in children, increase in asthma hospitalizations, among other serious chronic conditions. It is critical that we establish and enforce a buffer zone between children and their learning environment, and hazardous air contaminants that pose a danger to their health and education."

This bill arises out of a local dispute over a railyard expansion project. Even though the project could have regional benefits, opponents believe that localized impacts are not duly mitigated and are not sufficiently offset by the regional air quality benefits as purportedly the project would provide.

Developing...with further to follow on LBReport.com.