Assemblyman Lowenthal Introduces Bill To Require Zero Net Increase In Air Pollution From Future Growth At Ports of LB and LA; Another Bill Would Create "Maritime Port Strategic Master Plan Task Force"

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BILL NUMBER: AB 2042 INTRODUCED
BILL TEXT

INTRODUCED BY Assembly Member Lowenthal

          FEBRUARY 17, 2004

   An act to add Section 1740 to the Harbors and Navigation Code,
relating to ports.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2042, as introduced, Lowenthal.  Ports:  Port of Los Angeles:
Port of Long Beach:  air pollution.
   (1) Existing law provides for the regulation of ports and harbors.

   This bill would require the Port of Long Beach and the Port of Los
Angeles to ensure that all future growth at each port will have a
zero net increase in air pollution.  The bill would require each port
to establish the baseline for air pollution in consultation with the
South Coast Air Quality Management District.  The bill would
establish a state-mandated local program by imposing new duties upon
those local entities.
  (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.
   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 1740 is added to the Harbors and Navigation Code,
to read:
   1740.  (a) The Port of Long Beach and the Port of Los Angeles
shall ensure that all future growth at each port will have a zero net
increase in air pollution.
   (b) Each port shall establish the baseline for air pollution in
consultation with the South Coast Air Quality Management District.
  SEC. 3.  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.


BILL NUMBER: AB 2043	INTRODUCED
BILL TEXT
INTRODUCED BY   Assembly Member Lowenthal

            FEBRUARY 17, 2004

   An act to add Section 1760 to the Harbors and Navigation Code,
relating to ports.

	LEGISLATIVE COUNSEL'S DIGEST

   AB 2043, as introduced, Lowenthal.  Maritime Port Strategic Master
Plan Task Force.
   Existing law provides for the regulation of ports and harbors.
   This bill would establish the Maritime Port Strategic Master Plan
Task Force in state government.  The task force would consist of 11
members appointed by, and serving indefinite terms at the pleasure
of, the Secretary of Business, Transportation and Housing.
   The bill would require the task force to meet on an unspecified
basis, hold public hearings, and compile data on certain issues
relating to the growth and congestion of maritime ports.  The bill
would require the task force to compile specified information and
submit its findings in a report to the Legislature not later than
January 1, 2006, including recommendations on methods to better
manage the growth of maritime ports and address the environmental
impacts of moving goods through those ports.
   The bill would establish the Maritime Port Strategic Master Plan
Task Force Fund in the State Treasury and require each maritime port
to submit an unspecified amount of money per year to the Controller,
who would be required to deposit that amount in the fund.  The money
in the fund would be available, upon appropriation, to cover the
costs incurred by the task force under these provisions.  The bill
would prohibit the task force from being funded with appropriations
from the General Fund.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1760 is added to the Harbors and Navigation
Code, to read:
   1760.  (a) The Maritime Port Strategic Master Plan Task Force is
hereby established in state government.
   (b) The task force shall consist of 11 members appointed by, and
serving indefinite terms at the pleasure of, the Secretary of
Business, Transportation and Housing.
   (c) The task force shall meet, hold public hearings, and compile
data on issues that include, but need not be limited to, all of the
following:
   (1) The projected growth of each maritime port in the state.
   (2) The costs and benefits of developing a coordinated state
program to obtain federal funding for maritime port growth, security,
and congestion relief.
   (3) Impacts of maritime port growth on the state's transportation
system.
   (5) Air pollution caused by movement of goods through the state's
maritime ports, and proposed methods of mitigating or alleviating
that pollution.
   (d) The task force shall compile all information obtained under
subdivision (c) and submit its findings in a report to the
Legislature not later than January 1, 2006.  The report shall
include, but need not be limited to, recommendations on methods to
better manage the growth of maritime ports and address the
environmental impacts of moving goods through those ports.
   (e) The Maritime Port Strategic Master Plan Task Force Fund is
hereby established in the State Treasury.  Each maritime port shall
submit the amount of ____ dollars ($____) per year to the Controller,
who shall deposit that amount in the fund.  The money in the fund
shall be available, upon appropriation, to cover the costs incurred
by the task force under this section.  The task force shall not be
funded with appropriations from the General Fund.