California Senate Bill SB862 Latest Draft

 BILL NUMBER: SB 862AMENDED BILL TEXT AMENDED IN SENATE APRIL 4, 2011 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 amended, 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   infrastructure and air quality improvement  projects  related to the movement of port-related cargo and port   operations  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   PierPASS or a similar entity created by the West Coast Marine Terminal Operator Agreement  , for funding the list of  goods movement   infrastructure and air quality improvement  projects  . The bill would provide that this funding is intended to leverage funding from other sources and is not intended to be the sole source of funding for the pr   ojects. The bill would require the authority to consider specified projects for inclusion in the priority list and would require the authority to consult with the South Coast Air Quality Management District regarding air quality improvement 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. (a)    The Legislature finds and declares all of the following:  (a)  (1)  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)   (2)  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)   (3)  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)   (4)  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)   (5)  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)   (6)  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.  (b) It is the intent of the Legislature to alleviate these burdens by leveraging public dollars with private funds to do both of the following:   (1) Improve the goods movement infrastructure system in southern California with a cleaner, more efficient infrastructure system.   (2) Mitigate the air pollution resulting from port operations moving goods from the Ports of Los Angeles and Long Beach throughout southern California.  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.   (b)    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.   supporting the list. The authority shall consider infrastructure and air quality improvement projects that are consisten   t with Section 1773 or 1774.  (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).   understanding with   PierPASS, created by the West Coast Marine Terminal Operator Agreement, or a similar entity created by the agreement and approved by the Federal Maritime Commission for providing funding for projects listed pursuant to subdivision (b) that are consistent with Sections 1773 and 1774.   (e) Funding sought by the authority pursuant to subdivision (c) for projects is intended to leverage funding from other sources, including, but not limited to, local agencies, state sources, and federal sources, and is not intended to be the sole source of funding.  CHAPTER  3.   INFRASTRUCTURE AND AIR QUALI  TY IMPROVEMENT PROJECTS   1773. (a) When considering infrastructure projects, the authority shall consider all of the following projects: (1) Grade separation projects in the Counties of Los Angeles, Orange, Riverside, and San Bernardino. (2) A project to separate at-grade rail crossings between the Union Pacific Railroad and the Burlington Northern Santa Fe Railroad in the County of San Bernardino, also known as Colton Crossing. (3) A project to improve ondock rail infrastructure at the Port of Los Angeles and the Port of Long Beach using electricity, magnetic levitation, or other similar zero-emission technology. (4) Other projects deemed appropriate by the authority. (b) In determining which projects to select for the list, the authority shall also take into account the entire rail and trade corridor servicing the Ports of Los Angeles and Long Beach. (c) A rail grade separation project considered pursuant to this section shall reduce conflicts between trains carrying port-related cargo and motor vehicles, or reduce conflicts among trains carrying port-related cargo.   1774. (a) When considering air quality improvement projects, the authority shall consider all of the following projects: (1) The replacement, repowering, or retrofitting of heavy-duty diesel vehicles moving port-related cargo. (2) The replacement, repowering, or retrofitting of locomotive engines, including engines within railyards in southern California, moving port-related cargo. (3) Mobile or portable shoreside distributed power generation to oceangoing cargo container vessels that eliminates the need to use the electricity grid at the Port of Los Angeles or the Port of Long Beach, and that has been tested and verified by the State Air Resources Board or a local air quality management district. (4) The electrification of the rail infrastructure used to move cargo to and from the Port of Los Angeles or the Port of Long Beach. (5) Shoreside electrical power generation to oceangoing cargo container vessels at the Port of Los Angeles or the Port of Long Beach. (6) Container cargo-handling equipment at the Port of Los Angeles or the Port of Long Beach. (b) The authority shall consult with the South Coast Air Quality Management District before compiling a list of projects pursuant to this section.  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.