BILL NUMBER: SB 862INTRODUCED BILL TEXT INTRODUCED BY Senator Lowenthal FEBRUARY 18, 2011 An act to add Part 3 (commencing with Section 1770) to Division 6 of the Harbors and Navigation Code, relating to the Southern California Goods Movement Authority. LEGISLATIVE COUNSEL'S DIGEST SB 862, as introduced, Lowenthal. Southern California Goods Movement Authority. (1) Existing law requests the California Marine and Intermodal Transportation System Advisory Council, a federal entity, to compile data on, among other issues, air pollution caused by the movement of goods through the state's maritime ports and proposed methods of mitigating or alleviating that pollution. This bill would establish the Southern California Goods Movement Authority consisting of representatives from specified entities. The bill would require the authority to establish a priority list of goods movement projects in southern California. The bill would require the Alameda Corridor East Construction Authority, a local agency, to provide staff and meeting space for the authority, thereby imposing a state-mandated local program. The bill would authorize the authority to enter into a memorandum of understanding with PierPass, a not-for-profit company, for funding the list of goods movement projects. (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, 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. Part 3 (commencing with Section 1770) is added to Division 6 of the Harbors and Navigation Code, to read: PART 3. Southern California Goods Movement Authority CHAPTER 1. GENERAL PROVISIONS 1770. The Legislature finds and declares all of the following: (a) There is a need to mitigate the enormous burden imposed on the highway transportation system serving the Ports of Los Angeles and Long Beach by the overland movement of container cargo shipped to and from those ports. (b) The operation of the ports and the trains, ships, and trucks that move cargo containers to and from the ports cause air pollution that requires mitigation. (c) The improvement of goods movement infrastructure would benefit the owners of container cargo moving through the ports by allowing them to move container cargo more efficiently and reliably, and to move more cargo through those ports. (d) It is vital to the movement of goods in California, especially in southern California, to resolve the road and rail conflicts of locomotives carrying container cargo and automobile traffic by building grade separations. This infrastructure will reduce air pollution and provide benefits to the owners of container cargo by mitigating rail expansion. Without these grade separations, the rail expansion may not happen, and California could lose valuable goods movement jobs. (e) The reduction of goods movement air pollution would benefit the owners of container cargo moving through the ports by contributing to the achievement or maintenance of federal air quality standards, which will allow for continued federal funding of goods movement infrastructure projects. (f) The Ports of Los Angeles and Long Beach operate in unique communities, environments, and markets that require infrastructure improvements and air pollution reduction measures tailored to the nature and degree of need in each port of each community. CHAPTER 2. THE AUTHORITY 1772. (a) There is hereby established the Southern California Goods Movement Authority. The authority shall be composed of one representative from each of the following: (1) The Port of Los Angeles, appointed by the Los Angeles Board of Harbor Commissioners. (2) The Port of Long Beach, appointed by the Long Beach Board of Harbor Commissioners. (3) The City of Los Angeles, appointed by the Mayor of Los Angeles. (4) The City of Long Beach, appointed by the Mayor of Long Beach. (5) The City of Anaheim, appointed by the Mayor of Anaheim. (6) The City of Riverside, appointed by the Mayor of Riverside. (7) The City of San Bernardino, appointed by the Mayor of San Bernardino. (8) The Los Angeles County Metropolitan Transportation Authority, appointed by the board of directors of the Los Angeles County Metropolitan Transportation Authority. (9) The Orange County Transportation Authority, appointed by the board of directors of the Orange County Transportation Authority. (10) The Riverside County Transportation Commission. (11) The San Bernardino Associated Governments. (12) The Alameda Corridor East Construction Authority. (b) The authority shall be organized solely for the purpose of establishing a priority list of goods movement projects in southern California. Each representative shall have one vote when determining the list of projects. When deciding on a list of projects, the authority shall have at least a majority of its members supporting the list that is transmitted to the California Transportation Commission. (c) For organization and meeting purposes, the Alameda Corridor Transportation Authority shall provide staff and meeting space for the authority. Public meeting laws that apply to the City of Long Beach or the City of Los Angeles shall apply to the authority. (d) The authority may enter into a memorandum of understanding with PierPass, a not-for-profit company created by the marine terminal operators at the Ports of Los Angeles and Long Beach, for funding projects listed pursuant to subdivision (b). SEC. 2. 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.