California Assembly Bill AB531 Latest Draft

 BILL NUMBER: AB 531AMENDED BILL TEXT AMENDED IN SENATE AUGUST 11, 2016 AMENDED IN SENATE JUNE 21, 2016 AMENDED IN SENATE JUNE 9, 2015 AMENDED IN ASSEMBLY APRIL 21, 2015 INTRODUCED BY Assembly Member O'Donnell  (   Coauthors:   Assembly Members   Gray     and Quirk   )  FEBRUARY 23, 2015 An act to add Part 2.5 (commencing with Section 1780) to Division 6 of the Harbors and Navigation Code, relating to ports. LEGISLATIVE COUNSEL'S DIGEST AB 531, as amended, O'Donnell. Southern California Port Congestion Authority. Existing law prescribes procedures for the formation of port districts and regulates the operation and development of ports in the state, including the operation of port facilities, equipment, and certain sea-going vessels. This bill would establish the Southern California Port Congestion Authority and would require that the authority be governed by a board consisting of 7 members appointed by the Secretary of Transportation. The bill would authorize the authority to plan, develop, and implement measures and projects necessary to alleviate congestion in the Port of Los Angeles and the Port of Long Beach, as specified. The bill would require each marine terminal operator at the Port of Los Angeles and the Port of Long Beach to report to the authority specified information with respect to traffic at the ports. The bill would also require the authority to hold quarterly public hearings to discuss the results of these reports. To the extent that the bill would impose new duties upon local government entities, it would impose a state-mandated local program.  (2)The   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 2.5 (commencing with Section 1780) is added to Division 6 of the Harbors and Navigation Code, to read: PART 2.5. SOUTHERN CALIFORNIA PORT CONGESTION AUTHORITY 1780. For the purposes of this part, the following terms have the following meanings: (a) "Agency" means the Transportation Agency. (b) "Authority" means the Southern California Port Congestion Authority, established pursuant to subdivision (a) of Section 1781. (c) "Board" means the governing board of the authority. (d) "Commercial motor vehicle" means a vehicle defined in subdivision (b) of Section 15210 of the Vehicle Code. (e) "Secretary" means the Secretary of Transportation. 1781. (a) The Southern California Port Congestion Authority is hereby established. (b) The authority shall be governed by a board  consisting   comprised  of the following seven members, appointed by and serving for indefinite terms at the pleasure of the secretary: (1) One member representing the Port of Los Angeles. (2) One member representing the Port of Long Beach. (3) One member representing longshore workers at the Port of Los Angeles and the Port of Long Beach. (4) One member of the Los Angeles City Council. (5) One member of the Long Beach City Council. (6) One member representing commercial truck drivers at the Port of Los Angeles and the Port of Long Beach. (7) One member representing a community or neighborhood organization at, or adjacent to, either the Port of Los Angeles or the Port of Long Beach. (c) Vacancies to the board shall be filled by the secretary. (d) The geographic jurisdiction of the authority is limited to the Port of Los Angeles and the Port of Long Beach. 1782. The authority has the power to plan, develop, and implement projects and measures necessary to alleviate congestion in the Port of Los Angeles and the Port of Long Beach, including, but not limited to, regulating hours by access to the ports by commercial motor vehicles, establishing maximum fees that may be charged by marine terminal operators for cargo movement at the ports, and implementing other measures directed at reducing congestion, improving traffic flow, regulating the scheduling of shipments during other than normal business hours, repairing, improving, and expanding port infrastructure, and reducing air pollution at the ports caused by commercial motor vehicle traffic. 1783. Each marine terminal operator at the Port of Los Angeles and the Port of Long Beach shall report both of the following to the authority on a quarterly basis: (a) The average turn times for each hour of daytime operation and each hour of off-peak operation. (b) The percentage of truck traffic at each terminal during daytime operations and during off-peak operations. 1784. The authority shall hold quarterly public hearings to report and discuss the results of the reports from the marine terminal operators submitted pursuant to Section 1783. 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.