Rancho Palos Verdes City Council
   

MAY 2, 2006 PORT POLLUTION REDUCTION SENATE BILLS 764, 763, 762, 761, AND 760 (LOWENTHAL) MAY 2, 2006 PORT POLLUTION REDUCTION SENATE BILLS 764, 763, 762, 761, AND 760 (LOWENTHAL)
MAY 2, 2006 PORT POLLUTION REDUCTION SENATE BILLS 764, 763, 762, 761, AND 760 (LOWENTHAL)



TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS

FROM: ASSISTANT TO THE CITY MANAGER

DATE: MAY 2, 2006

SUBJECT: PORT POLLUTION REDUCTION SENATE BILLS 764, 763, 762, 761, AND 760 (LOWENTHAL)

RECOMMENDATION

Receive status update on Senator Lowenthal’s port pollution reduction legislative bills.

EXECUTIVE SUMMARY
In 2005, Senator Alan Lowenthal introduced five legislative bills to reduce pollution associated with port activity. On April 5, 2005, the City Council approved to support these bills and submitted a letter of support. These bills are now in their second year of the two-year cycle and three of the five are still active (SB 760, 762, and 764). These active bills are expected to be heard by the State Assembly this summer. According to Lowenthal’s Legislative Director, no additional action by the Council is necessary, since the City is already on record in support of these bills.

BACKGROUND

One of Senator Alan Lowenthal’s legislative priorities is reducing air pollution generated by port operations and trucks traveling to and from the ports. While the ports of Long Beach and Los Angeles have voluntarily explored and implemented some pollution controls, the growth in port activity is expected to outpace any gains made by voluntary pollution reduction measures. Hence, Senator Lowenthal introduced a series of five legislative bills during the 2005 session. Below is a brief overview of the Senator’s legislative bills:

SB 764 Air Resources: South Coast Air Quality Management District
SB 764 would require the ports to develop a baseline for air quality to be based on the level of emissions from specified sources, to hold public hearings on baseline data and discuss potential mitigation and control measures to reduce emissions, establish a date for which to meet their baseline goals, and report their compliance to the South Coast and State Air Resources Board.

SB 763 Ports: Priority Berthing Program
SB 763 would require ports of Los Angeles and Long Beach to give priority to ships using cleaner diesel fuel with no more than .2% sulfur content while in port and in California waters.

SB 762 California Intermodal Port Congestion and Environmental Quality.
SB 762 also intends to address the on-going air pollution problem associated with the long lines of idling trucks emitting air contaminants that impact the health and safety of residents. Many idling trucks are exempt from present emission standards and many truck drivers continue to drive older trucks. SB 762 would create a port congestion and environmental quality district similar to the South Coast Air Quality District to evaluate and regulate intermodal port traffic. Among the various duties, it would have the authority to grant motor carriers a permit to enter a specific port for pick up or delivery of freight and determine the number of intermodal trucks need to efficiently move intermodal freight from marine terminals to the first point of delivery, unloading or interchange.

SB761 Air Resources: Marine Terminals.
SB 761 would amend a previous Lowenthal bill, AB 2650, by requiring, rather than encouraging, each marine terminal to implement a scheduling or appointment system for trucks to enter the terminal to reduce truck idling time. In addition, each marine terminal would operate in a manner that does not cause trucks to exceed a turn time of 60 minutes while conducting business at the marine terminal. Marine terminals would be monitored for compliance and any violators would be fined. Existing law allows trucks to idle up to 30 minutes while waiting to enter the terminal.

SB 760 Ports: Congestion Relief, Security Enhancement and Environmental Mitigation.
SB 760 would impose a $30 fee on each shipping container processed in the Ports of Los Angeles and Long Beach to be used to improve the rail system as an alternative to shipping via highway, enhance port security, and mitigate the environmental pollution caused by port operations.

DISCUSSION

Councilmember Larry Clark requested an update regarding Alan Lowenthal’s legislative bills to be placed on the agenda for City Council review. Presently, SB 760, SB 762, and SB 764 are still active, and the State Assembly will conduct legislative hearings for these bills this summer. For additional information, fact sheets for each active bill are attached to the staff report. SB 761 and SB 763 will not be considered during this legislative session.

Being that the City Council sent a letter of support for the port pollution reduction bills last year, the City is listed as a supporting entity on the legislative analysis reports and summaries. Therefore, no additional letters of support from the City are necessary.

FISCAL IMPACT

None associated with this report.

PREPARED BY

Gina Park
Assistant to the City Manager

APPROVED BY

Les Evans
City Manager

Attachments: Fact Sheets for SB 760, 762, and 764