AB 2650 bill text (as amended June 27, 2002)
BILL NUMBER: AB 2650
AMENDED BILL TEXT
AMENDED IN SENATE JUNE 27, 2002
AMENDED IN SENATE JUNE 12, 2002
AMENDED IN ASSEMBLY APRIL 22, 2002
AMENDED IN ASSEMBLY APRIL 2, 2002
INTRODUCED BY Assembly Member Lowenthal
(Principal coauthor: Assembly Member Firebaugh)
(Coauthors: Assembly Members Briggs, Cedillo, Correa, Frommer,
Harman, Koretz, Longville, Negrete McLeod, and Rod Pacheco)
FEBRUARY 22, 2002
An act to add Section 40720 to, and to add
Chapter 9.8 (commencing with Section 44299.80) to Part 5 of Division
26 of, and to add and repeal Section 40720.5 of, the
Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 2650, as amended, Lowenthal. Air pollution: diesel emissions:
California Port Community Air Quality Program.
(1) Existing law requires the State Air Resources Board to
endeavor to achieve the maximum degree of emission reduction possible
from vehicular and mobile sources of air pollution in order to
accomplish the attainment of the state ambient air quality standards
at the earliest practicable date. Existing law delegates to air
quality management districts and air pollution control districts
primary responsibility for all nonvehicular sources of air pollution.
This bill would require each marine terminal in the state to
operate in a manner that does not cause the engines on trucks to idle
for more than 30 minutes while waiting to load or unload at the
terminal, and would charge the district with geographical
jurisdiction over that marine terminal with enforcing the
requirement. The bill would make any owner or operator of a marine
terminal that acts in violation of that requirement subject to a
fine. The bill would also make any owner or operator that takes
action to pass the costs of that fine onto the owner or operator of a
truck a misdemeanor, thereby creating a new crime. The bill would
impose a fine on the owner or operator of the marine terminal or port
for taking any action to divert idling trucks to area freeways or
alternate staging areas. The bill would exempt from the requirement
any marine terminal that provides specified staffing at receiving and
delivery gates. The bill also would exempt from the
requirement, until July 1, 2003, any marine terminal that implements,
or begins to implement, a scheduling or appointment system for
trucks to enter the marine terminal. The bill would require any
moneys resulting from fines imposed pursuant to these provisions to
be deposited in the California Port Community Air Quality Program
Trust Fund, created by this bill as described in (2). By imposing
additional duties on certain districts, this bill would impose a
state-mandated local program.
(2) Existing law establishes the Carl Moyer Memorial Air Quality
Standards Attainment Program, administered by the state board, which
provides grants through the districts to offset the incremental cost
of projects that reduce emissions of oxides of nitrogen (NOx) from
specified onroad vehicles, offroad nonrecreational equipment and
vehicles, locomotives, diesel marine vessels, stationary agricultural
engines, and other high-emitting diesel engine categories.
This bill would create the California Port Community Air Quality
Program, administered by the state board, and implemented in any
district with a marine terminal or port in its jurisdiction that
elects to participate in the program. The bill would require the
program to provide grants through participating districts to offset
the advanced introduction costs of eligible projects that reduce
onroad emissions of particulate matter within communities adjacent to
marine terminals or ports in the state. The bill would also create
the California Port Community Air Quality Program Trust Fund in the
State Treasury, and would make the money in the fund available, upon
appropriation, to carry out the program. The bill would require the
state board, commencing January 1, 2004, in conjunction with the
participating districts, to provide an annual report to the
Legislature on the implementation of the program.
(3) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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. The Legislature finds and declares all of the
following:
(a) Air pollution in the state is an ongoing problem that impacts
the health and safety of its residents.
(b) Long lines at California marine terminals and ports often
become congested and force trucks to idle for extended periods of
time.
(c) Idling trucks emit air contaminants, including oxides of
nitrogen (NOx), carbon dioxide (CO2), and particulate matter.
(d) Many marine terminals and ports in the state are close in
proximity to homes and businesses.
(e) Owners and operators of marine terminals and ports control and
direct the trucks that conduct transactions on their sites.
(f) It is the intent of the Legislature to prohibit extended
idling by trucks at marine terminals and ports in the state in order
to protect the health and safety of all Californians.
(g) It is the intent of the Legislature, in enacting the
provisions of this act, to reduce only emissions of particulate
matter that are caused by trucks idling at marine terminals and
facilities ports in the state.
(h) It is not the intent of the Legislature, in providing a system
for the provisions of grants for the reduction of emission of
particulate matter at marine terminals and ports in the state, to
delegate any authority for the control of emissions from mobile
sources to districts.
SEC. 2. Section 40720 is added to the Health and Safety Code, to
read:
40720. (a) Each marine terminal in the state shall operate in a
manner that does not cause the engines on trucks to idle or queue for
more than 30 minutes while waiting to enter the gate into the
marine terminal.
(1) Any owner or operator of a marine terminal that operates in
violation of this subdivision is subject to a $250 fine per vehicle
per violation.
(2) Marine terminals in the state shall be monitored by the
district with jurisdiction over that terminal to ensure compliance
with this subdivision.
(3) Citations for violations of this subdivision shall be prepared
by the applicable district, and shall include the truck license
plate number, the name of the marine terminal and port at which the
violation occurred, and the date and time of the violation.
(4) Any action taken by the marine terminal to assess, or seek
reimbursement from, the driver or owner of a truck for a violation of
this subdivision is a misdemeanor.
(5) Any owner or operator of a marine terminal or port, or any
agent thereof, who takes any action intended to avoid or circumvent
the requirements of this subdivision or to avoid or circumvent the
reduction of emissions of particulate matter from idling or queuing
trucks is subject to a seven hundred fifty dollar ($750) fine,
including, but not limited to, either of the following actions:
(A) Diverting an idling truck to area freeways or alternate
staging areas, including, but not limited to, requiring a truck to
idle or queue inside the gate of a marine terminal.
(B) Requiring or directing a truckdriver to turn on and off an
engine while queuing.
(6) The owner or operator of a marine terminal does not violate
this subdivision by causing a truck to idle for more than 30 minutes
while waiting to enter the gate into the marine terminal, if the
delay is caused by force majeure.
(b) Subdivision (a) does not apply to any marine terminal that
provides, as determined by the district, two continuous hours of
uninterrupted, fully staffed receiving and delivery gates two hours
prior to and after, peak commuter hours each day, at least five days
per week. For the purposes of this subdivision, peak commuter
hours may not be adjusted more than once every three years,
commencing with the peak commuter hours on July 1, 2002.
(c) Subdivision (a) does not apply to any marine terminal that
operates fully staffed receiving and delivery gates for 65 hours,
five days per week, if that marine terminal is located at a port that
processes less than 3 million containers (20-foot equivalent units
(TEU's)).
(d) Subdivision (a) does not apply to any marine terminal that
operates fully staffed receiving and delivery gates for 70 hours,
five days per week, if that marine terminal is located at a port that
processes more than 3 million containers (20-foot equivalent units
(TEU's)).
(c)
(e) Moneys resulting from fines imposed pursuant to
paragraphs (1) and (5) shall be deposited in the California
Ports Port Community Air Quality Program
Trust Fund created pursuant to Section 44299.84.
(d)
(f) For the purposes of this section, "marine terminal"
means a facility that meets all of the following criteria:
(1) Is located at a bay or harbor.
(2) Is primarily used for loading or unloading
containerized , break bulk, or dry bulk cargo onto
or off of a ship or marine vessel.
(3) Contains one or more of the following:
(A) Piers.
(B) Wharves.
(C) Slips.
(D) Berths.
(E) Quays.
(4) Is located at a port that processes 100,000 or more containers
(20-foot equivalent units (TEU's)).
SEC. 2.5. Section 40720.5 is added to the Health and Safety Code,
to read:
40720.5. (a) Subdivision (a) of Section 40720 does not apply to
any marine terminal that implements, or begins to implement, a
scheduling or appointment system for trucks to enter the marine
terminal.
(b) This section shall become inoperative on July 1, 2003, and, as
of January 1, 2004, is repealed, unless a later enacted statute that
is enacted before January 1, 2004, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 3. Chapter 9.8 (commencing with Section 44299.80) is added to
Part 5 of Division 26 of the Health and Safety Code, to read:
CHAPTER 9.8. THE CALIFORNIA PORT COMMUNITY AIR QUALITY PROGRAM
44299.80. As used in this chapter, the following terms have the
following meanings:
(a) "Advanced introduction cost" means the cost of a project less
a baseline cost that would otherwise be incurred by the applicant in
the normal course of business based on the actual age and turnover
rates of trucks used at ports, and may include, but is not limited
to, any of the following: incremental engine costs, re-engine or
retrofit costs, additional operational costs, incremental fuel costs,
facility modifications, and scrappage costs to eliminate operation
on highways in the state.
(b) "Cost-effectiveness" means the funds provided to a project for
each ton of particulate matter reduction attributed to a project or
to the program as a whole. In calculating cost-effectiveness, a
one-time grant of funds made at the beginning of a project shall be
annualized using a time value of public funds or discount rate
determined for each project. Cost-effectiveness shall be calculated
by dividing annualized costs by local emissions reductions of PM in
the adjacent communities.
(c) "Covered engine" includes any onroad heavy-duty diesel truck
or bus engine weighing over 33,000 pounds and used in for-hire or
proprietary trucking operated by a trucking company that services a
port in the state.
(d) "Covered source" includes onroad heavy-duty diesel vehicles
and other onroad high-emitting diesel engine categories.
(e) "Covered vehicle" includes any vehicle or piece of equipment
powered by a covered engine.
(f) "District" means an air pollution control district or an air
quality management district that contains a marine terminal or port
within its jurisdiction.
(g) "Fund" means the California Port Community Air Quality Program
Trust Fund established pursuant to Section 44299.84.
(h) "Gr-bhph" means grams-per brake horsepower hour.
(i) "Marine terminal" has the same meaning as in Section 40720.
(j) "New very-low-emission very
low-emission vehicle" means a vehicle that qualifies as a
very-low-emission very low-emission
vehicle when it is a new vehicle, as defined in Section 430 of the
Vehicle Code, with regard to particulate matter emissions
standards or that is modified with the approval and warranty of the
original equipment manufacturer to qualify as a very-low-emission
vehicle with regard to particulate matter emissions
standards within 12 months of delivery to an owner for private or
commercial use.
(k) "Participating district" means any district that has elected
to participate in the program pursuant to subdivision (d) of Section
44299.81.
(l) "Port" means any sea or river port in the state.
(m) "PM" means particulate matter.
(n) "Program" means the California Port Community Air Quality
Program created by this chapter.
(o) "Project" means the replacement, re-powering
repowering , scrapping or retrofitting of a
covered vehicle or covered engine that receives a grant pursuant to
this chapter.
(p) "Repower" means replacing an engine with a different engine.
The term "repower" as used in this chapter, generally refers to
replacing an older, uncontrolled engine with a newer model engine
that meets the latest emissions standards, although replacing an
older emissions-certified engine with a newer engine certified to
lower emissions standards may be eligible for funding under this
program.
(q) "Retrofit" means making modifications to the engine and fuel
system so that the retrofitted engine does not have the same
specifications of particulate matter as the original engine.
(r) "Very low-emission vehicle" means a vehicle with emissions
significantly lower than otherwise applicable baseline emission
standards or uncontrolled emission levels.
44299.81. (a) The California Port Community Air Quality Program
is hereby established.
(b) The program shall provide grants through participating
districts to offset the advanced introduction costs of eligible
projects that reduce onroad emissions of particulate matter within
communities adjacent to marine terminals or ports in the state.
(c) The program shall be administered by the state board, and
shall be implemented in any district with a marine terminal or port
in its jurisdiction that elects to participate in the program
pursuant to subdivision (d).
(d) A district may participate in the program upon making a
determination that a need exists to reduce emissions of PM in that
district.
44299.82. (a) A participating district shall determine the
projects eligible for grants within that district. Those projects
may include, but are not limited to, any of the following:
(1) Purchase of a new very-low-emission covered vehicle or covered
engine to replace an older heavy-duty diesel vehicle or engine.
(2) Retrofit of a covered engine in order to reduce emissions of
PM.
(3) Replacement of an old diesel engine or drive that powers a
covered source with a newer diesel engine or a drive that is
certified to more stringent PM emissions standards than the engine
being replaced.
(3)
(4) Purchase and use of PM emission-reducing add-on
equipment for a covered vehicle.
(4)
(5) Implementation of a practical, low-emission retrofit
technology, re-power option, advanced technology, or low sulfur
diesel or alternative fuel mixture for a covered engine.
(b) In determining eligible projects, the district shall consider
whether the project will have any of the following effects:
(1) Reduce onroad PM emissions on a timely and cost-effective
basis within the communities surrounding a marine terminal or port
within the district.
(2) Assist in meeting the 0.01 gr/bhph
gr-bhph emission standards adopted by federal Environmental
Protection Agency for 2007 engine technology (40 C.F.R. Sec.
86.007-11 (2001)).
(3) Upgrading the unregulated fleet to current emissions standards
of 0.1 gr/bhph gr-bhph .
(4) Reduce emissions of PM from engines manufactured before 1994
that have a disproportional environmental impact on local
communities.
(5) Provide a maximum reduction in PM emissions from available
funds.
(c) A person that owns a covered vehicle that operates near or in
a marine terminal or port is eligible to apply for a project grant if
the participating district with jurisdiction over that marine
terminal or port determines that the covered vehicle contributes
substantially to the PM emissions inventory in the communities
adjacent to that marine terminal or port.
(d) Each participating district shall allocate grant funds in the
following manner:
(1) Engines manufactured before 1988 with unregulated PM emission
levels shall receive at least 45 60
percent of the funds.
(2) Engines manufactured from 1988 to 1990, inclusive ,
and certified at 0.6 gr/bhph gr-bhph
shall receive no more than 10 percent of the funds.
(3) Engines manufactured from 1991 to 1993, inclusive and
certified at 0.25 gr/bhph gr-bhph shall
receive no more than 10 percent of the funds.
(4) Engines manufactured during and after 1994 and certified at
0.1 gr/bhph gr-bhph shall receive no
more than 35 percent of the funds.
(e) A participating district shall give priority to those grant
applicants that provide the greatest reduction in PM emissions.
(f) For 25 percent of the available grants
grant funds, participating district
districts may give priority to any grant applicant who provides
matching funds for the grant.
(g) A participating district may provide a grant to a project that
involves replacing an engine that was manufactured before 1988, only
if the applicant delivers that engine to the district for scrappage.
The grant award amount shall include the amount the district will
incur in scrapping that engine.
(h) A participating district may provide a grant for a project
involving PM control retrofit technology only if that technology has
been determined to be eligible for use by the state board.
(i) In determining eligible projects, a participating district may
not exclude any technology based on the type of fuel utilized by
that technology.
44299.84. (a) The California Port Community Air Quality Program
Trust Fund is hereby established in the State Treasury. The money in
the fund shall be available, upon appropriation, to carry out the
purposes of this chapter. The Controller shall transfer into the
fund any moneys appropriated by the Legislature to the state board or
a district for the program.
(b) Revenues resulting from fines imposed pursuant to paragraphs
(1) and (5) of subdivision (a) of Section 40720 shall be deposited in
the fund.
(c) The state board shall allocate to any participating district
an amount equal to the moneys deposited in the fund that result from
fines imposed pursuant to Section 40720 within the jurisdiction of
that district.
(d) Moneys deposited in the fund that result from fines imposed
pursuant to Section 40720 in a district that has not elected to
participate in the program shall be allocated evenly by the state
board among the participating districts.
(e) A participating district may expend up to 1 percent of the
moneys allocated from the fund to the district for program support
and outreach.
(f) A participating district may expend up to fifty thousand
dollars ($50,000) from the funds allocated by the state board as
startup costs to implement direct program outreach activities,
including, but not limited to, all of the following:
(1) Establishment of a toll-free telephone number to
report idling or queuing trucks.
(2) Distribution of flyers regarding the program funding.
(3) Other outreach activities related to the reduction of PM
emissions from trucks at marine terminals and ports.
44299.85. (a) A participating district shall include any
reduction in PM emissions that result from the implementation of the
program in any state implementation plan, or revision of that plan,
that is submitted to the state board in order
pursuant to Chapter 10 (commencing with Section 40910) of Part 3 for
a particulate matter nonattainment area.
(b) All emission reductions or reduction credits resulting from a
project funded by a district pursuant to this chapter are the
property of the participating district that approved the grant. The
participating district shall utilize those emission reductions or
reduction credits first to fulfill local and regional commitments to
air quality standards. Any additional reductions or credits that
exist after the local or regional commitment to air quality is
fulfilled may be used by the state board to fulfill the
state's commitment to air quality standards and attainment.
44299.86. The state board, commencing January 1, 2004, in
conjunction with the participating districts, shall provide an annual
report to the Legislature on the implementation of the program,
including, but not limited to, all of the following:
(a) A description of each project that received a grant pursuant
to this chapter.
(b) The amount of funding granted to each project.
(c) The reduction in emissions of PM that resulted from each
project.
(d) The emissions reductions applicable toward a state
implementation plan.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because in that regard this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Legislative Analysis
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Tom Torlakson, Chair
BILL NO: AB 2650 HEARING: 8/7/02
AUTHOR: Lowenthal FISCAL: Yes
VERSION: 8/5/02 CONSULTANT: Carpenter
PORTS AND AIR QUALITY
Background and Existing Law
California's 11 ports moved nearly $500 billion in goods in
2000, more than one third of all the United States' ocean
carried imports. California's three major ports, Long
Beach, Los Angeles, and Oakland, handle more than 40 % of
the nation's total container volume. The Long Beach and
Los Angeles ports handled more than 9 million containers
per year, and some project that by 2020, these ports will
triple this amount. Long Beach and Los Angeles report that
approximately 35,000 diesel trucks visit their ports daily.
California's major ports are in urban areas, and the
massive volume of port commerce has resulted in air
pollution, noise, and traffic congestion in the surrounding
neighborhoods. Diesel trucks at busy ports can wait two
hours at a port's entrance to unload or pick up their
freight. Without change, these problems will intensify as
the volume of goods increases.
The California Transportation Commission recommended that
truckers, shippers, and warehouse and terminal operators
expand their operating hours to reduce traffic congestion.
The West Coast Waterfront Coalition, a coalition of private
companies working on port issues, suggested appointment
systems. Other long-term answers may include secondary
distribution sites or improved freight rail systems. These
solutions require interested industries to cooperate. A
systematic resolution remains elusive.
Current law requires the Air Resources Board (ARB) to
achieve the maximum degree of emission reduction possible
from air pollution sources to reach the California's
ambient air quality standards. The ARB's Carl Moyer Air
Quality Standards Attainment program gives grants to offset
the costs of projects that reduce vehicles' nitrogen oxide
(NOx) emissions.
Proposed Law
Assembly Bill 2650 requires marine terminals that process
100,000 or more containers annually to operate in a manner
that does not cause truck engines to idle or queue for more
than 30 minutes while waiting to load or unload at the
terminal. If marine terminals allow trucks to idle or
queue for more than 30 minutes, they are subject to a $250
fine per truck per violation. Any terminal that tries to
avoid or circumvent these requirements is subject to a $750
fine per truck per violation. Terminals may not attempt to
assess or seek reimbursement from truck drivers or owners.
AB 2650 exempts:
Terminals that provide two continuous hours of
uninterrupted, fully staffed receiving and delivery gates
two hours prior to, and after, peak commuter hours five
days per week. Local air districts, in consultation with
affected marine terminals and labor unions, must
determine peak commuter hours and notify the terminals of
these hours.
Terminals that operate fully staffed gates for 65 hours,
five days per week if that terminal processes less than 3
million containers annually.
Terminals that operate fully staffed gates for 70 hours,
five days per week if that terminal processes more than 3
million containers annually.
Terminals that implement an appointment system for
trucks. Terminals must notify the local air district
that the terminal is implementing such a system. This
exemption lasts until July 1, 2003, and the provision
sunsets on January 1, 2004.
AB 2650 excuses a marine terminal from the 30 minute idling
limit if the excessive idling is caused by acts-of-god,
strikes, and declared state and federal emergencies.
AB 2650 requires the local air district with jurisdiction
over the terminal to determine the level of monitoring
necessary and enforce the bill's requirements.
AB 2650 creates the California Port Community Air Quality
Program and Trust Fund, and specifies that the Trust Fund
receives money from fines imposed on marine terminals.
Participating air districts may use fine revenues to
administer and enforce the provisions of the bill.
Participating air districts must also provide grants that:
Reduce onroad particulate matter emissions to the maximum
extent feasible on a timely and cost-effective basis at
the marine terminal or port and within the surrounding
communities.
Meet environmental justice goals and objectives set by
the state and local air pollution control agencies,
including, but not limited to, districts.
Benefit small businesses, giving particular emphasis to
independent minority owners and operators.
Participating air districts must give priority to
applicants that provide the greatest reduction in
particulate matter emissions, and may give priority to any
applicant who provides matching funds. Only applicants
that own vehicles that operate near or in a marine terminal
or port are eligible to apply for project grants in the
participating districts.
Comments
1. Programs for ports' problems . Frustrated by the lack
of action and facing a problem that promises to get worse,
proponents are looking to force change. AB 2650 provides a
stick to marine terminals that have no short run economic
incentives to address air pollution and long lines, and
uses fines to start a new air program implemented by the
Air Resources Board and local air districts. AB 2650 is a
means to fix the intractable problems faced by communities
near large ports.
2. Complex problem, simple solution . The fix offered in
AB 2650 focuses on just one group involved in the
congestion and air quality problems at California's marine
terminals. A comprehensive and long-term plan to fix the
problem requires cooperative work of all involved. Instead
of pointing the finger at one player, the Committee may
wish to consider whether AB 2650's punitive requirements
will stifle dialogue and problem solving. Should
legislators set aside AB 2650 and investigate a way to make
sure all involved have an interest in forging a
comprehensive solution?
3. Will ports lose business? Most ports lease their land
to private terminal operators, who rely on the shipping
industry for their revenues. AB 2650 will increase costs
for marine terminals, and if they shift these costs to
shippers, they may take their business to ports in other
states or countries, and California's local ports will
suffer. The Committee may wish to consider whether AB 2650
will dampen the state's booming shipping industry.
4. Health and efficiency . Particulate matter emissions
are a significant source of air pollution and health
problems in California. If terminal operators pay fines
and generate revenues for the bill's proposed air quality
program, human lungs will benefit. However, the bill's
program may not be the most efficient way to help an air
basin reduce particulate matter. The Committee may wish to
consider amendments that direct the Air Resources Board and
the local air districts recommend a more efficient solution
to the problem posed by pollution from diesel engines.
5. Funding loop . AB 2650 creates the California Port
Community Air Quality Program, and requires that money from
fines be deposited into the Trust Fund for the Program,
located in the State Treasury. From there, the Air
Resources Board deposits money into individual air
districts' accounts. In creating this elaborate scheme,
fine revenues move through several hands before ending up
with the participating districts, which administer the
fines and implement the air quality program. This funding
loop is expensive, decreases actual program expenditures,
and limits air quality benefits. This arrangement is not
an efficient way to route fines, and the Committee may wish
to consider amendments that allow participating air
districts to collect and administer their own fines.
6. Excessive excuse requirements . AB 2650 excuses a
marine terminal that violates the 30-minute idling limit if
the excessive idling is caused by acts-of-god, strikes, and
declared emergencies. All three conditions must exist
before a terminal is excused. The Committee should amend
the bill to allow just one condition to trigger an excuse.
7. Double referral . The Senate Rules Committee ordered a
double-referral of AB 2964, first to the Senate
Transportation Committee and then to the Senate Local
Government Committee. On June 25, the Senate
Transportation Committee passed the bill, as amended, by a
9-2 vote.
Assembly Actions
Assembly Transportation Committee:15-1
Assembly Appropriations Committee:17-7
Sssembly Floor: 66-7
Support and Opposition (8/1/)
Support: Attorney General Bill Lockyer, Automobile Club of
Southern California, Bayshore International, California
Cartage Company, California Conference of Machinists,
California Labor Federation, California League of
Conservation Voters, California Medical Association,
California Multimodal Inc., California State Automobile
Association, California Trucking Association, ChemTrans,
City of Oakland, CNF Inc., Container Care International,
Container Connection of Southern California,
ContainerFreight Exp. Intermodal Transport, Con-Way Western
Express, Crane Rental Service Inc., D&H Transportation
Inc., Darrell L. Green Inc., Dependable Highway Express,
Devine & Peters, Direct Access Delivery Service, Dirksen
Transportation, E&S Distributing Co., ER Transportation
Inc., Evans Dedicated Systems Inc., Expedite Harbor
Trucking, Frank Alegre Trucking Inc., Growers Ice Company,
Hobbs Trucking, International Longshore & Warehouse Union,
J. Torres Co. Inc., JH Sims Trucking Co., Inc., K&R
Transportation Inc., Kamps Propane, Labor Management
Services, Larson & Gaston, Law Offices of Stefflre &
Sanders, Long Beach Alliance for Children with Asthma,
Manning Distribution Services, Martin Environmental
Services, Martinez Brothers, MC Transportation, Inc.,
Mountain Valley Express Co., North American Carrier Group,
Pharris Trucking Inc., Pictsweet Mushroom Farms, Potigian
Transfer Inc., RDO Truck Center Co., Redfearn Trucking
Inc., Reliable Trucking Inc., Rex Transportation Company,
Rodgers Trucking Co., Royal Express Inc., Sagemark
Consulting, San Pedro & Peninsula Homeowner's Association,
Scully Transportation Services Inc., SMART Refrigerated
Transport, South Coast Air Quality Management District,
Staffing Services, State Building and Construction Trades
Council of California, Summit Logistics Inc., Tam
Logistix, Teamsters International, Tiger Lines Inc., TLC
Transportation Staffing Inc., Tom-Son Tank Lines Inc.,
Trans Global Solutions LLC, Tricon Transportation Inc.,
Tri-Modal, USA Transport Inc., Valley Farm Transport,
Western Pacific Truck School, Williams Tank Lines,
Wilmington Coalition for a Safe Environment, WOW
Transportation Corporation.
Opposition: APM Terminals North America, California
Association of Port Authorities, California Business
Properties Association, California United Terminals,
Centennial Stevedoring Services, Foreign Trade Association
of Southern California, Hapag-Lloyd Container Line, Harbor
Association of Industry and Commerce, Maersk Sealand,
Marine Terminals Corporation, Matsui O.S.K Lines Inc.,
National Lines Burea, NYK Line Inc., Oakland Metropolitan
Chamber of Commerce, OOCL USA, Pacific Maritime Services,
Pacific Merchant Shipping Association, Steamship
Association of Southern California, Stevedoring Services of
America, Wal-Mart Stores Inc., Yusen Terminals Inc.
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