(May 18, 2007) -- LB Mayor Bob Foster told southland radio listeners on KABC Talkradio this morning (May 18) that although the primary stationery source polluting they air they breathe is the LB/L.A. Port complex, a Port-written non-binding "Clean Air Action Plan" and Sacramento efforts will have the ports cleaner than they are today...even with port growth.

"We now have a Clean Air Action Plan, we have to fund it, but we're going to make sure that the freight that moves through here pays its fair share, make sure that the air is cleaner, and that even with the growth that we're going to have these ports be cleaner than they are today. That is essential," Mayor Foster told KABC morning host Doug McIntyre.

Photo source: LB Convention & Visitors Bureau

As examples, Mayor Foster cited "a container fee bill [SB 974, "port investment" bill by State Sen. Alan Lowenthal (D., LB-SP-PV)] which will put a charge on every container that comes through here to pay for environmental clean up. The ports are considering their own fees for freight. We have a plan that will reduce pollution by 40% in the next five or six years..."

But Mayor Foster's assurances contrast with the April 16 voted action by LB's Harbor Commission that conditioned the Port of LB's support for SB 974 on amendments letting it use container fee and Prop 1-B bond revenue without restriction to expand port infrastructure even if the Port fails to deliver its self-declared (and non-binding) clean-air "goals."

In an April 20 letter to Senator Lowenthal on which Mayor Foster was cc'd, Harbor Commission President James C. Hankla wrote in pertinent part:

At the April 16th meeting of the Port of Long Beach Board of Harbor Commissioners, the Board voted to support SB 974 only if amended...The bill must not restrict the use of user fee funds if Clean Air Action Plan (CAAP) emission reduction goals are not achieved due to circumstances beyond the reasonable control of the Ports...

[Port proposed verbiage to be incorporated in the bill] "If any of the source specific emission reduction goals have not been met, due to circumstances outside of the control of the ports, the commission [CA Transportation Comm', which would distribute infrastructure project money] shall weigh the Ports' ability to achieve the emission reduction when determining whether to award funding to any project..."

Mayor Foster, who leaves shortly on a Port of LB related trade mission to Asia, hasn't publicly responded to the Harbor Commission action detailed in Harbor Commission President Hankla's letter.

During his May 18 radio appearance, Mayor Foster told southland listeners on KABC:

Mayor Foster: ...The two ports [LB & L.A. collectively] are the largest source of stationary air pollution in southern California...We now have a Clean Air Action Plan [written by the Ports], we have to fund it, but we're going to make sure that the freight that moves through here pays its fair share, make sure that the air is cleaner, and that even with the growth that we're going to have these ports be cleaner than they are today. That is essential. It's not sustainable having these ports continue to contribute to the air pollution in and around Long Beach and up the 710 [freeway] corridor. So for example, there's a container fee bill [SB 974 by State Sen. Alan Lowenthal (D, LB-SP-PV)] in Sacramento which will put a charge on every container that comes through here to pay for environmental clean up. The ports are considering their own fees for freight. We have a plan that will reduce pollution by 40% in the next five or six years...

A month earlier, Harbor Commission President Hankla's letter told Mayor Foster, Senator Lowenthal and members of the LB City Council:

The CAAP [Clean Air Action Plan] does not estimate emission reductions associated with rail or harborcraft because of the speculative nature of the emission reductions, and therefore the Ports have no control over these sources.

While rail emission reductions are not quantified (with the exception of Pacific Harbor Line), the rail measures are dependent on EPA regulatory action.

The California Environmental Quality Act (CEQA) will ensure that all projects are mitigated. As described in the CAAP, CAAP measures will be incorporated into each CEQA document and subsequent lease.

The CAAP is dependent on lease requirements and, hence, project approvals. If a project is delayed (i.e. Middle Harbor) the Port will be unable to meet the emission reduction goals outlined.

Some events are beyond the Ports control. Pacific Harbor Lines (PHL) agreement, which is included in the CAAP, requires the use of emulsified diesel fuel. Unfortunately, the vendor has removed the product from the market as of January 1, 2007. As a result, we will not be able to achieve all the emission reductions described for PHL.

The Port faces serious litigation challenges that may take years to resolve and may tie-up programs like Heavy Duty Vehicle-1 and prevent implementation of, or potentially much worse, courts may rule against the Port.

Emission reductions associated with low sulfur, distillate marine fuels are dependent on the fuel availability. If the fuel availability study being conducted jointly by California Air Resources Board (CARB) and the ports reveal [sic] insufficient fuel to meet our demands, the Port would not meet its estimated emission reductions.

To view Harbor Commission President Hankla's letter in full, click here.

The Harbor Commission's April action, conditioning its support for SB 974 on amendments that don't ensure meeting the clean air goals cited by Mayor Foster, again puts LB's Port on a separate advocacy track from the LB City Council.

The City Council voted in March (without dissent from Mayor Foster) to endorse SB 974 with no conditions, effectively giving Sen. Lowenthal a blank-check for subsequent amendments [such as the type now sought by the Port] An effort by Councilwoman Tonia Reyes Uranga to attach modest conditions supported by the South Coast Air Quality Management District was brushed back by the Council, led by 2nd district (downtown/port area) Councilwoman Suja Lowenthal.

Among the Port's desired expansion projects is rebuilding the Gerald Desmond bridge...which would let larger mega-container ships enter LB's inner harbor, bringing a quantum increase in containers, requiring more or higher capacity trucks, trains, new facilities. While not explicitly mentioned, these could include a proposed WLB Southern CA International Gateway container transfer project proposed by BNSF.

The proposed "near dock" facility send increased truck volumes into WLB, likely worsening pollution in the immediate area, but proponents contend it would reduce polluting truck traffic regionally.

In a March 20 written statement seeking the City Council's endorsement of SB 974, Senator Lowenthal said, "The bottom line is if the infrastructure project increases pollution, then it will not be funded by SB 974. I'm looking at clarifying this when the bill is eligible to be amended." In answer to concern that revenue from his bill could be used to fund the SCIG, Sen. Lowenthal's statement didn't deny the possibility but said, "This project is not mentioned in the bill and it is not referred to in the bill in any way. I do not support the proposed SCIG."

As recently reported by LBReport.com BNSF recently said that 100% of the truck fleet servicing SCIG "will be 2007 or newer upon facility opening -- exceeding compliance with the San Pedro Bay Ports Clean Air Action Plan (CAAP)."

The SCIG project was recently endorsed by the LB Area Chamber of Commerce and the Press-Telegram...but WLB neighborhood leader John Cross has told LBReport.com that residents remain opposed to the project.

The issue comes as a federal court recently struck down AQMD rules that sought to regulate the idling of railway locomotives...at the same time as over a dozen candidates are seeking votes from the same Port-impacted residents to fill the U.S. House seat vacant on the death of Juanita Millender-McDonald (D., Carson-LB)..

If elected to Congress, any of those now-candidates could introduce legislation that would allow agencies like AQMD regulate such locomotive pollution.

Mayor Foster's appearance on KABC radio was part of the station's daylong "Salute to Long Beach" in which morning man McIntyre broadcast from the Queen Mary and evening host Al Rantel is scheduled to do his 6:00 p.m. to 9:00 p.m. show from the Aquarium of the Pacific. Downtown LB Associates and the LB Jr. Chamber's "Beer & Politics" group have separately indicated that guests scheduled for tonight's KABC Aquarium broadcast include Senator Lowenthal.

At 12:15 p.m., Mr. Rantel will take part in a "SPEED Networking" event at Smooth's Sports Grille, 144 Pine Ave. KABC.com promises, "You'll meet up to 75 new business contacts in just 45 minutes, then enjoy lunch while hearing from several notable speakers, including Long Beach Mayor Bob Foster." KABC.com says the cost per person for Networking event is $25 which includes admission, lunch, tax and tip; space is limited; call Smooth's to RSVP: (562) 437-7700.

KABC's Friday events are part of the station's "All Star Talk Tour 2007." In April, the KABC focused on southbay cities, originating its morning show from an El Segundo Starbucks and its evening show from a Manhattan Beach hotel.