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In Depth
State Senate Votes 21-16 (Karnette: Yes) To Pass Assemblyman Lowenthal's No Net Increase in Port Air Pollution Bill (AB 2042); Bill Now Goes Back to Ass'y To Concur In Senate Amendments, Then To Gov. Schwarzenegger
(August 19, 2004, updated Aug. 20) -- Groundbreaking legislation authored by Assemblyman Alan Lowenthal (D., LB-SP-PV) requiring that growth and operations at the Ports of LB and L.A. not increase air pollution beyond a regulatory baseline (calculated as of 2004) has passed the CA Senate.
AB 2042, which Assemblyman Lowenthal has called the most important bill he's introduced in his six years in the state legislature, now heads back to the Assembly for concurrence in Senate amendments...and then to Governor Arnold Schwarzenegger.
The state Senate vote was 21-16 -- the bare minimum required -- with Senator Betty Karnette (D., LB) voting "yes" on the measure. The 21 "yes" votes were all Democrats. All 15 Senate Republicans voted "no," joined by a one Democrat (Macado from Stockton). (Seantors Ducheny and Vincent were recorded as absent, abstaining or not voting.)
LBReport.com posts the vote tally below, along with the state Senate legislative analysis of the bill...which includes a list of AB 2042's supporters and opponents. We also post AB 2042's full text as amended, below.
Assemblyman Lowenthal has described AB 2042 as "smart growth" measure by requiring "that as the ports of Long Beach [and] Los Angeles grow and expand, they should grow smartly by simply not increasing their air pollution."
As previously reported by LBReport.com, on May 5 the LB City Council voted 8-0 (Colonna absent for entire meeting) to put the City of LB on record in support of AB 2042. One day earlier, LB's non-elected (Mayor named, Council approved) Board of Harbor Commissioners voted to oppose AB 2042 as written.
In presenting AB 2042 on the Assembly floor in May, Assemblyman Lowenthal (whose district includes the Ports) said, "They [the Ports of LB and L.A.] are the largest single source of air pollution in the south coast basin. As they double in size -- which we hope that they will keep growing, and I support -- let's not double the pollution."
LBReport.com posts below the August 19 Senate vote:
VOTES - ROLL CALL
MEASURE: AB 2042
AUTHOR: Lowenthal
TOPIC: Ports: Port of Los Angeles: Port of Long Be
DATE: 08/19/2004
LOCATION: SEN. FLOOR
MOTION: Assembly 3rd Reading AB2042 Lowenthal By Sher
(AYES 21. NOES 16.) (PASS)
AYES
****
Alarcon Alpert Bowen Burton
Cedillo Chesbro Dunn Escutia
Figueroa Karnette Kuehl Murray
Ortiz Perata Romero Scott
Sher Soto Speier Torlakson
Vasconcellos
NOES
****
Aanestad Ackerman Ashburn Battin
Brulte Denham Florez Hollingsworth
Johnson Machado Margett McClintock
McPherson Morrow Oller Poochigian
ABSENT, ABSTAINING, OR NOT VOTING
*********************************
Ducheny Vincent Vacancy
On May 20, AB 2042 cleared the 80-member Assembly by an announced 41-29 margin, largely along party lines. To view the recorded May Assembly vote, click May 20/04, AB 2042 Assembly Third Reading).
A state Senate legislative analysis, prepared prior to the August 19 Senate floor vote, follows:
BILL ANALYSIS
SENATE RULES COMMITTEE AB 2042
...
THIRD READING
Bill No: AB 2042
Author: Lowenthal (D)
Amended: 8/17/04 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 7/1/04
AYES: Sher, Chesbro, Figueroa, Kuehl, Romero
NOES: Morrow, McPherson
SENATE APPROPRIATIONS COMMITTEE : 7-6, 8/12/04
AYES: Alpert, Bowen, Burton, Escutia, Karnette, Murray,
Speier
NOES: Battin, Aanestad, Ashburn, Johnson, Machado,
Poochigian
ASSEMBLY FLOOR : 45-31, 5/20/04 - See last page for vote
SUBJECT : Ports: Port of Los Angeles: Port of Long
Beach: air pollution
SOURCE : Author
DIGEST : This bill (1) requires the South Coast Air
Quality Management District (SCAQMD), by September 1, 2005,
to establish a baseline for air quality for the ports of
Los Angles and Long Beach, as specified, (2) requires
SCAQMD, the State Air Resources Board (ARB), the Port of
Los Angeles, and the Port of Long Beach to develop and
enter into a Memorandum of Agreement (MOA) to implement
emission-control measures related to operations at each of
those ports, and (3) requires ARB to report annually,
commencing January 1, 2006, regarding the development and
implementation of the MOA. If an MOA is not entered into
by September 1, 2005, this bill requires the ports to
develop a baseline for air quality for each port, as
specified and requires that the data be submitted to the
SCAQMD for approval.
ANALYSIS :
Existing law:
1. Requires the ARB 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.
2. Requires air districts to adopt and enforce rules and
regulations to achieve and maintain ambient air quality
standards in all areas affected by emission sources
under their jurisdiction, and to enforce all applicable
provisions of state and federal law.
3. Designates the state board as having the primary
responsibility for the control of emissions from motor
vehicles in the state, and designates the districts as
having the primary control from all sources other than
vehicular sources.
4. Requires marine terminals in the state to operate in a
manner that does not cause trucks to idle or queue for
more than 30 minutes while waiting to load or unload at
the terminal, and charges the district with geographical
jurisdiction over that marine terminal with enforcing
the requirement.
This bill:
1. On or before September 1, 2005, requires the SCAQMD to
establish a baseline for air quality for the Port of Los
Angeles and the Port of Long Beach that is:
A. Based on data collected by the district on the
level of emissions in those ports during 2004 from
oceangoing vessels and harbor craft, cargo handling
equipment, rail locomotives, and commercial motor
vehicles.
B. Based on data collected by the district on
emissions levels in those ports during 2004 from
oxides of nitrogen, carbon monoxide, particulate
matter, and sulfur dioxide.
2. Requires the SCAQMD, the ARB, the Port of Los Angeles,
and the Port of Long Beach to develop and enter into a
MOA to implement emission control measures related to
operations at each of those ports.
3. Requires the MOA to include certain provisions,
including:
A. A requirement that, on or before January 1, 2006,
and on or before January 1 of each year thereafter,
the level of air pollution at the Port of Los Angeles
and the Port of Long Beach not exceed the specified
baseline.
B. A requirement that the Port of Long Beach and the
Port of Los Angeles reimburse the ARB for all costs
incurred as a result of developing the MOA and that
the ports waive any claim to reimbursement by the
state for costs incurred as a result of developing
and implementing the MOA.
4. Requires the SCAQMD, ARB, the Port of Los Angeles, and
the Port of Long Beach to consult with the federal
Environmental Protection Agency, industry stakeholders,
community and homeowner groups near the Port of Los
Angeles and the Ports of Long Beach, and environmental
organizations.
5. Provides that nothing in the MOA shall affect efforts to
regulate port emissions.
6. If the MOA has not been entered into by all of the
parties specified in (1) above:
A. On or before September 1, 2005, requires each port
to develop a baseline for air quality for that port,
based on data collected by the port regarding the
level of emissions in the port during 2004 for the
same sources and pollutants described in (2)(a)
above, to submit the baselines to the SCAQMD for
approval, but specifies that the SCAQMD's role is one
of oversight with respect to the baseline.
B. Requires the ports, on or before January 1, 2006
and on or before January 1 of each year thereafter,
from exceeding the baseline.
C. Requires the ports, on March 1, 2006, and on March
1 of each year thereafter, to report to the SCAQMD
regarding the port's compliance with the limitation
requirement relating to port growth and operations,
including an accounting of the port's programs and
efforts that are directed towards that compliance.
7. Makes various legislative findings and declarations
relative to diesel pollution and its effects on public
health.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, no state
cost.
SUPPORT : (Verified 8/17/04)
American Federation of State, County and Municipal
Employees
American Lung Association of California
California Environmental Rights Alliance
City of Long Beach
City of Los Angeles
Clean Power Campaign
Coalition for Clean Air
Gateway Council of Governments
Natural Resources Defense Council
Sierra Club California
South Coast Air Quality Management District
OPPOSITION : (Verified 8/17/04)
Associated General Contractors
California Association of Port Authorities
California Business Properties Association
California Chamber of Commerce
California Chapters of the National Association of
Industrial and Office Parks
California Cotton Ginners Association
California Cotton Growers Association
California Film Extruders and Converters Association
California Grain & Feed Association
California Independent Oil Marketers Association
California League of Food Processors
California Manufacturers and Technology Association
California Railroad Industry
California Warehouse Association
Chemical Industry Council of California
Construction Industry Air Quality Coalition
Grocery Manufacturers of America
Harbor Association of Industry & Commerce
International Council of Cruise Lines
International Council of Shopping Centers
Los Angeles Area Chamber of Commerce
Long Beach Chamber of Commerce
Lumber Association of California
Lumber Association of Nevada
Matson Navigation Company
Pacific Merchant Shipping Association
Port of Long Beach
Retail Industry Leaders Association
Society of the Plastics Industry
State Department of Finance
Western Home Furnishings Association
Western States Petroleum Association
ARGUMENTS IN SUPPORT : According to the author's
office:
"The volume of goods moving through the ports of Los
Angeles and Long Beach has quadrupled in the last seven
years and will likely quadruple again in the next 15
years. These goods are transported from the ports
primarily by diesel fueled trucks.
"The ports of Long Beach and Los Angeles operate on
state tide and submerged lands, which means that the
ports are the steward for these state lands and must
manage them in a manner that benefits all Californians.
"Given the anticipated growth at the ports, and given
the fact that diesel fuel exhaust has been determined
to cause cancer, and that emissions from the ports are
the single largest source of air pollution in the
four-county South Coast Air Basin, it is important to
limit the increase in toxic, cancer-causing emissions
while the ports grow.
"Operations at the Port of Long Beach and Port of Los
Angeles account for approximately 17% of the NOx
(oxides of nitrogen), out of the four-county South
Coast Air Basin.
"A study conducted by these ports predicts that
heavy-duty vehicle traffic (powered by diesel fuel) to
and from the ports will more than double in the next 20
years, from roughly 35,000 vehicles per day to nearly
83,000 vehicles per day.
"On Wednesday June 9, 2004, the Harbor Commissioners
for the Port of Los Angeles approved a proposal that
would commit at least 10% of the Ports annual revenue
(approx. $500 million), to fight air pollution caused
by operations at the port. This annual commitment
comes to approx. $50 million a year.
"Doctors have linked high smog levels in Los Angeles to
increased rates of asthma. Air pollution has been
linked to higher rates of cancer and respiratory
disease. In Long Beach, 15 percent of children age 17
or younger have been diagnosed with asthma, according
to a 2003 county health survey. That compares with 12
percent countywide and about 8 percent nationally.
"According to the South Coast Air Quality Management
District, cancer risk estimates at the ports are about
1,400 per million people exposed, far above the
1-in-a-million risk level considered "acceptable" by
the U.S. Environmental Protection Agency. According to
the District, the ports are the largest single source
of air pollution in the four-county jurisdiction of the
District.
"Southern California risks losing $12.1 billion in
federal highway funds if federal Clean Air Act
standards aren't met by 2010. So far, the basin has
failed to meet national standards for ozone or for
particulate emissions.
"Of the sources at the ports, trucks and ships are the
biggest polluters. The diesel trucks serving the ports
emit about 47 tons of NOx each day just within port
boundaries, out of a basin-wide total of 1,056 tons,
the AQMD says. Ships and commercial boats add another
49 tons a day, while an unknown portion of the 181 tons
of NOx from diesel equipment also comes from the ports.
Trains in the region add another 36 tons of NOx, some
of which can be traced to old diesel locomotives at the
ports."
ARGUMENTS IN OPPOSITION : Opponents to this bill state:
"AB 2042 directs the South Coast Air Quality Management
to establish a baseline for air quality in the Port of
Long Beach and Los Angeles based on previous emission
inventories. The City of Long Beach and the City of
Los Angeles are then saddled with the burden and
responsibility of not exceeding those baselines. These
baselines consist primarily of emissions from mobile
sources, such as ocean-going vessels, locomotives, and
diesel trucks. Although these sources are associated
with routine port operations, they are not directly
operated or controlled by the ports.
"Pursuant to the federal Clean Air Act, authority to
regulate emissions from most of the mobile sources
whose emissions are to be included in the baselines
rests with the U.S. EPA and, to a lesser extent, the
California ARB. The South Coast District, the City of
Long Beach and the City of Los Angeles do not currently
have jurisdiction to regulate emissions from most of
these sources, and in fact would be expressly preempted
from doing so in most instances by the Clean Air Act.
"The Ports of Long Beach and Los Angeles are the two
largest container ports in the United States, with the
overwhelming majority of their container volumes
involving shipments to and from Pacific Rim countries.
There is little dispute that the level of trade between
the United States and the Far East is anticipated to
continue to increase significantly in the coming years.
"As drafted, AB 2042 has the potential to limit
operations in the Ports of Long Beach and Los Angeles
to 2001 and 2002 levels, respectively. To the extent
operations at these two ports are frozen (or
potentially even reduced to past levels), other ports
and international airports along the west coast of the
United States, Mexico and Canada will need to be
upgraded and expanded to accommodate the increased
volume of international trade that everyone seems to
acknowledge is to come. Companies throughout the
United States who receive or ship goods flowing through
the Ports of Long Beach or Los Angeles may also need to
adjust their business plans."
ASSEMBLY FLOOR :
AYES: Berg, Bermudez, Calderon, Canciamilla, Chan, Chavez,
Chu, Corbett, Diaz, Dutra, Dymally, Firebaugh, Frommer,
Goldberg, Hancock, Jerome Horton, Jackson, Kehoe, Koretz,
Laird, Leno, Levine, Lieber, Liu, Longville, Lowenthal,
Maldonado, Montanez, Mullin, Nakano, Nation, Negrete
McLeod, Oropeza, Pavley, Reyes, Ridley-Thomas, Salinas,
Simitian, Steinberg, Vargas, Wesson, Wiggins, Wolk, Yee,
Nunez
NOES: Aghazarian, Bates, Benoit, Bogh, Cogdill, Correa,
Cox, Daucher, Dutton, Garcia, Harman, Haynes, Shirley
Horton, Houston, Keene, La Malfa, La Suer, Leslie,
Maddox, Matthews, McCarthy, Mountjoy, Nakanishi, Pacheco,
Parra, Plescia, Runner, Samuelian, Spitzer, Strickland,
Wyland
NO VOTE RECORDED: Campbell, Cohn, Maze, Richman
CP:mel 8/14/04 Senate Floor Analyses
**** END ****
[AB 2042 BILL TEXT FOLLOWS]
BILL NUMBER: AB 2042 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2004
AMENDED IN SENATE JULY 12, 2004
AMENDED IN SENATE JUNE 14, 2004
AMENDED IN ASSEMBLY MAY 3, 2004
AMENDED IN ASSEMBLY APRIL 1, 2004
INTRODUCED BY Assembly Member Lowenthal
FEBRUARY 17, 2004
An act to add Sections 40459.1, 40459.2, and 40459.3 to the Health
and Safety Code, relating to ports.
LEGISLATIVE COUNSEL'S DIGEST
AB 2042, as amended, Lowenthal. Ports: Port of Los Angeles:
Port of Long Beach: air pollution.
(1) Existing law provides for the regulation of ports and harbors.
Existing law, the Lewis-Presley Air Quality Management Act,
establishes the South Coast Air Quality Management District (south
coast district) as the sole and exclusive local agency within those
portions of the Counties of Los Angeles, Orange, Riverside, and San
Bernardino that are included within the South Coast Air Basin.
This bill would require the south coast district, on or before
September 1, 2005, to establish a baseline for air quality for the
Port of Los Angeles and the Port of Long Beach. The air quality
baseline would be based on data collected by the district regarding
the level of emissions in those ports during 2004 from oceangoing
vessels and harbor craft, cargo handling equipment, rail locomotives,
and commercial motor vehicles, as defined. The air quality baseline
would also be based on data collected by the district regarding the
emissions levels in those ports during 2004 from oxides of nitrogen,
carbon monoxide, particulate matter, and sulfur dioxide.
The bill would require the south coast district, the State Air
Resources Board (state board), the Port of Los Angeles, and the Port
of Long Beach to develop and enter into a Memorandum of Agreement
(MOA) to implement emission control measures related to operations at
each of those ports.
The bill would require the MOA to include certain provisions,
including (a) a requirement that, on or before January 1, 2006, and
on or before January 1 of each year thereafter, the level of air
pollution at the Port of Los Angeles and the Port of Long Beach not
exceed the specified baseline; (b) a requirement that the Port of
Long Beach and the Port of Los Angeles reimburse the board for all
costs incurred as a result of developing the MOA; and (c) a
requirement that the Port of Los Angeles and the Port of Long Beach
waive any claim to reimbursement by the state for costs incurred as a
result of developing and implementing the MOA.
The bill would require the south coast district, the state board,
the Port of Los Angeles, and the Port of Long Beach, in developing
the MOA, to consult with the federal Environmental Protection Agency,
industry stakeholders, community and homeowner groups near the Port
of Los Angeles and the Port of Long Beach, and environmental
organizations.
The bill would require the state board to report to the
Legislature on January 1, 2006, and on January 1 of each year
thereafter regarding the development and implementation of the MOA.
The bill would require the Ports of Los Angeles and Long Beach, if
the MOA has not been entered into by all of the necessary parties on
or before September 1, 2005, to develop a baseline for air quality
for each port, based on data collected by the port regarding the
level of emissions in the port during 2004 from certain sources and
regarding the level of emissions in each port during 2004 from
certain air pollutants. The bill would require the ports to submit
the baselines to the south coast district for approval. The bill
would require the ports, on or before January 1, 2006, and on or
before January 1 of each year thereafter, to operate in a manner that
prevents the level of air pollution at each port from exceeding the
specified baseline. The bill would require the ports, on March 1,
2006, and on March 1 of each year thereafter, to report to the
district regarding their respective compliance with the limitation
requirement relating to port operation, including an accounting of
the programs and efforts that are directed towards that compliance.
To the extent that these requirements would impose additional duties
upon the ports and the south coast district, the bill would establish
a state-mandated local program.
(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, 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, 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.
(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 no reimbursement is required by this
act for a specified reason.
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 hereby finds and declares all of the
following:
(a) Exhaust fumes from diesel fuel are known to cause cancer.
(b) A landmark study conducted by the South Coast Air Quality
Management District, the "Multiple Air Toxics Exposure Study," found
that 70 percent of all serious health risks attributable to mobile
pollution sources are attributable to diesel engine exhaust.
(c) The federal Clean Air Act (42 U.S.C. Sec. 7401, et seq.)
requires certain regions that have high levels of air pollution
demonstrate that construction of new highways will not worsen air
pollution.
SEC. 2. Section 40459.1 is added to the Health and Safety Code, to
read:
40459.1. (a) (1) On or before September 1, 2005, the south coast
district shall establish a baseline for air quality for the Port of
Los Angeles and the Port of Long Beach.
(2) The air quality baseline shall be based on data collected by
the south coast district regarding the level of emissions in those
ports during 2004 from the following sources:
(A) Oceangoing vessels and harbor craft.
(B) Cargo handling equipment.
(C) Rail locomotives.
(D) Commercial motor vehicles, as defined in subdivision (b) of
Section 15210 of the Vehicle Code.
(3) The air quality baseline shall be based on data collected by
the south coast district regarding the emissions levels in those
ports during 2004 from the following air pollutants:
(A) Oxides of nitrogen (NOx).
(B) Carbon monoxide(CO).
(C) PM2.5 and PM10, as defined in Section 39614.
(D) Particulate matter from diesel fuel.
(E) Sulfur dioxide (SO2).
(b) On or before September 1, 2005, the south coast district, the
state board, the Port of Los Angeles, and the Port of Long Beach
shall develop and enter into a Memorandum of Agreement (MOA) to
implement emission control measures related to operations at each of
those ports.
(c) The MOA shall include all of the following provisions:
(1) A requirement that, on or before January 1, 2006, and on or
before January 1 of each year thereafter, the level of air pollution
at the Port of Los Angeles and the Port of Long Beach not exceed the
baseline established under subdivision (a).
(2) Enforcement provisions that are within the jurisdiction of the
implementing agencies.
(3) A process for public input and comment on any proposal prior
to final agreement.
(4) A requirement that the Port of Long Beach and the Port of Los
Angeles reimburse the state board for all costs incurred as a result
of developing the MOA.
(5) A requirement that the Port of Los Angeles and the Port of
Long Beach waive any claim to reimbursement by the state for costs
incurred as a result of developing and implementing the MOA.
(d) In developing the MOA, the south coast district, the state
board, the Port of Los Angeles, and the Port of Long Beach shall
consult with the federal Environmental Protection Agency, industry
stakeholders, community and homeowner groups near the Port of Los
Angeles and the Port of Long Beach, and environmental organizations.
(e) Nothing in the MOA shall affect efforts to regulate port
emissions.
(f) The state board shall report to the Legislature on January 1,
2006, and on January 1 of each year thereafter, regarding the
development and implementation of the MOA.
SEC. 3. Section 40459.2 is added to the Health and Safety Code, to
read:
40459.2. If the Memorandum of Agreement required under Section
40459.1 has not been entered into by all of the necessary parties on
or before September 1, 2005, all of the following shall apply on that
date:
(a) (1) The Port of Los Angeles shall develop a baseline for air
quality for the port.
(2) The air quality baseline shall be based on data collected by
the port regarding the level of emissions in the port during 2004
from the following sources:
(A) Oceangoing vessels and harbor craft.
(B) Cargo handling equipment.
(C) Rail locomotives.
(D) Commercial motor vehicles, as defined in subdivision (b) of
Section 15210 of the Vehicle Code.
(3) The air quality baseline shall be based on data collected by
the port regarding the level of emissions in the port during 2004
from the following air pollutants:
(A) Oxides of nitrogen (NOx).
(B) Carbon monoxide (CO).
(C) PM2.5 and PM10, as defined in Section 39614.
(D) Particulate matter from diesel fuel.
(E) Sulfur dioxide (SO2).
(4) The Port of Los Angeles shall submit the baseline developed by
it to the south coast district for approval.
(b) On or before January 1, 2006, and on or before January 1 of
each year thereafter, the Port of Los Angeles shall operate the port
in a manner that prevents the level of air pollution at the port from
exceeding the baseline developed and approved under subdivision (a).
(c) On March 1, 2006, and on March 1 of each year thereafter, the
Port of Los Angeles shall report to the south coast district
regarding the port's compliance with subdivision (b), including, but
not limited to, an accounting of the port's programs and efforts that
are directed towards that compliance.
(d) This section is intended to grant only oversight authority to
the south coast district with respect to the baseline developed by
the Port of Los Angeles under subdivision (a).
(e) Nothing in this section prevents the state board or the south
coast district from adopting and implementing regulations for any
source at any port in this state.
SEC. 4. Section 40459.3 is added to the Health and Safety Code, to
read:
40459.3. If the Memorandum of Agreement required under Section
40459.1 has not been entered into by all of the necessary parties on
or before September 1, 2005, all of the following shall apply on that
date:
(a) (1) The Port of Long Beach shall develop a baseline for air
quality for the port.
(2) The air quality baseline shall be based on data collected by
the port regarding the level of emissions in the port during 2004
from the following sources:
(A) Oceangoing vessels and harbor craft.
(B) Cargo handling equipment.
(C) Rail locomotives.
(D) Commercial motor vehicles, as defined in subdivision (b) of
Section 15210 of the Vehicle Code.
(3) The air quality baseline shall be based on data collected by
the port regarding the level of emissions in the port during 2004
from the following air pollutants:
(A) Oxides of nitrogen (NOx).
(B) Carbon monoxide (CO).
(C) PM2.5 and PM10, as defined in Section 39614.
(D) Particulate matter from diesel fuel.
(E) Sulfur dioxide (SO2).
(4) The Port of Long Beach shall submit the baseline to the south
coast district for approval.
(b) On or before January 1, 2006, and on or before January 1 of
each year thereafter, the Port of Long Beach shall operate the port
in a manner that prevents the level of air pollution at the port from
exceeding the baseline developed and approved under subdivision (a).
(c) On March 1, 2006, and on March 1 of each year thereafter, the
Port of Long Beach shall report to the south coast district regarding
the port's compliance with subdivision (b), including, but not
limited to, an accounting of the port's programs and efforts that are
directed towards that compliance.
(d) This section is intended to grant only oversight authority to
the south coast district with respect to the baseline developed by
the Port of Long Beach under subdivision (a).
(e) Nothing in this section prevents the state board or the south
coast district from adopting and implementing regulations for any
source at any port in this state.
SEC. 5. Notwithstanding Section 17610 of the Government Code, 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. 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.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
Previous coverage:
June 2004: Ass'yman Lowenthal's "No Increased Port Pollution" Bill Gets Teeth; CA Senate Committee Writing Language To Implement Rules If Port Polluters Don't Reach Agreement By Bill's Deadline
May 2004: Assembly Passes -- By One Vote Margin -- AB 2042 (Lowethal Zero Net Increase in Port Air Pollution Bill); To Gain Assembly Passage, Some Changes Agreed To As Bill Heads To CA Senate
May 5, 2004: Council Backs AB 2042 (Lowenthal Zero Net Increase in Port Air Pollution) & And Two Related Port-Pollution Bills
May 4, 2004: Assemblyman Lowenthal Amends Parts of AB 2042 Re Zero Net Increase in Port Air Pollution
LB Harbor Commission Still Votes 5-0 To Oppose Bill Based On Old Text
LB Councilmembers Scheduled To Take Position Tuesday Nite
May 1, 2004: LB Port & LB Council On Collision Course -- Again -- This Time Over Assemblyman Lowenthal's AB 2042 For Zero Net Increase In Port Air Pollution
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