1750.
(a) Beginning January 1, 2009, the authority shall list the projects described in subdivision (g) in priority order. The authority shall prioritize the order of the projects by giving the highest priority to those projects nearest in time to being constructed. In the process for establishing the projects in priority order, the authority shall consult with the commission and the Southern California Association of Governments. The authority shall hold public hearings to seek further input on developing this priority list, including at least one hearing at or near the Port of Los Angeles and the Port of Long Beach. The authority shall compile this list, in priority order, and submit it to the commission no later than April 1, 2009. If the commission rejects the list, the authority shall compile a new list and submit it to the commission.(b) No later than September 1, 2009, the commission, at a public hearing, shall approve a priority list submitted by the authority from the projects described in subdivision (g). This will be the final list, of infrastructure projects at the Ports of Los Angeles and Long Beach, eligible to be funded by the user fee authorized pursuant to this chapter. The commission shall not change the list of projects submitted by the authority. The commission may only accept or reject the entire list of projects. If the commission has not approved a list of projects by September 1, 2009, the most recent list of projects submitted to the commission by the authority shall become the final list of projects.
(c) Funds from the San Pedro Bay Ports Congestion Fund shall be used only for projects that improve the movement of container cargo by rail, or for projects that construct, maintain, or improve a road or highway that is part of a road or highway rail grade separation. A rail grade separation does not include a road or highway going above or beneath another road or highway. To qualify, a rail grade separation project shall reduce conflicts between trains carrying container cargo and motor vehicles, or reduce conflicts between trains carrying container cargo and other trains carrying container cargo.
(d) In determining the order of priority, the authority shall give priority to those projects that have been designed to measurably reduce air pollution impacts to local communities, and to assist in achieving and maintaining state and federal air quality standards, while addressing the overall efficiency of container cargo movement.
(e) Beginning January 1, 2010, the board shall evaluate the emissions from heavy-duty vehicles, container cargo handling equipment, harbor craft, and locomotives at the Ports of Los Angeles and Long Beach, and shall determine if these ports have reduced emissions from those sources to meet the goals of the board’s Emission Reduction Plan for Ports and Goods Movement. No later than July 1, 2010, and no later than January 1, 2015, and January 1, 2020, the board shall notify the commission as to whether or not the Ports of Los Angeles and Long Beach have met these goals. If these goals, as determined by the board, have not been met, the commission shall not award funding to a project, other than for ondock rail and rail and road or highway grade separations, until the board determines that these goals have been met.
(f) For all construction projects funded pursuant to this section, a contractor shall ensure that all mobile nonroad equipment used on the project will be equipped with a California Air Resources Board (CARB) verified Level 3 emission control device diesel particulate filter that obtains at least an 85-percent reduction in emissions, unless any of the following circumstances exists, and the contractor is able to provide proof that any of these circumstances exists:
(1) A piece of specialized equipment is unavailable in a controlled form within the state, including through a leasing arrangement.
(2) A contractor has applied for incentive funds to put controls on a piece of uncontrolled equipment planned for use on the project, but the application is not yet approved, or the application has been approved, but funds are not yet available.
(3) A contractor has ordered a control device for a piece of equipment planned for use on the project, or has ordered a new piece of controlled equipment to replace the uncontrolled equipment, but that order has not been completed by the manufacturer or dealer, and the contractor has attempted to lease controlled equipment, but no dealer within 200 miles of the project has the controlled equipment available for lease.
(g) Notwithstanding any other provision of law, grade separation projects eligible to be funded from the San Pedro Bay Congestion Relief Fund are all of the following:
(1) Grade separation projects in Los Angeles County: San Pablo Street/SP-City of Los Angeles; Vineburn Avenue/SP-City of Los Angeles; N. Boca Avenue/SP-City of Los Angeles; San Gabriel Trench/SP-City of San Gabriel; Walnut Grove Avenue/SP-County of Los Angeles; Encinita Avenue/SP- City of Temple City; Lower Asuza Road/SP-City of Temple City; Temple City Boulevard/SP-City of El Monte; Baldwin Avenue/SP-City of El Monte; Arden Drive/SP-City of El Monte; Tyler Avenue/SP-City of El Monte; Cogswell/SP-City of El Monte; Temple Avenue/SP-City of Industry; Vineland Avenue/SP-City of Industry; Puente Avenue/SP-City of Industry; California Avenue/SP-City of El Monte; Fullerton Road/SP-City of Industry; Fairway Drive/SP-City of Industry; Lemon Avenue/SP-City of Industry; Brea Canyon Road/SP-City of Industry; Park Avenue/SP and UP-City of Pomona; Palomares Street/SP and UP-City of Pomona; S. Vail Avenue/UP-City of Montebello; S. Maple Avenue/UP-City of Montebello; S. Greenwood Avenue/UP-City of Montebello; Montebello Boulevard/UP-City of Montebello; Durfee Road/UP- City of Pico Rivera; Rose Hills/UP-City of Industry; Mission Mill Road/UP-City of Industry; Workman Mill Road/UP-City of Industry; Turnbull Canyon Road/UP-County of Los Angeles; Stimson Avenue/UP-City of Industry; Bixby Drive/UP-City of Industry; Fullerton Road/UP-City of Industry; Nogales Street/UP-City of Industry; Fairway Drive/UP-City of Industry; Lemon Avenue/UP-County of Los Angeles; Hamilton Boulevard/SP and UP-City of Pomona; Main Street/SP and UP-City of Pomona; San Antonio Avenue/SP and UP-City of Pomona; Passons Boulevard/BNSF-City of Pico Rivera; Valley View Avenue/BNSF-City of Santa Fe Springs; Rosecrans Avenue/BNSF-City of Santa Fe Springs; Norwalk Boulevard/BNSF-City of Santa Fe Springs/Gateway; and Wilmington Street/SP and BNSF-City of Los Angeles.
(2) Grade separation projects in Orange County: Acacia Avenue (Fullerton), Grand Avenue (Santa Ana), State College Boulevard (Fullerton), State College Boulevard (Anaheim), Placentia Avenue (Placentia and Fullerton), Kraemer Boulevard (Placentia), Orangethorpe Avenue (Placentia and Anaheim), Tustin Avenue/Rose Drive (Placentia and Anaheim), Jefferson Street (Placentia and Anaheim), Van Buren Avenue (Placentia), Richfield Road (Placentia), Lakeview Avenue (Placentia and Anaheim), Kellogg Drive (Anaheim), Raymond Avenue (Fullerton), San Canyon Avenue (Irvine), Red Hill Avenue (Tustin), 17th Street (Santa Ana), Santa Ana Boulevard (Santa Ana), and Ball Road (Anaheim).
(3) Grade separation projects in Riverside County: Jurupa Road/UP-Riverside County; Magnolia Avenue/UP-City of Riverside; Riverside Avenue/UP-City of Riverside; McKinley Street/BNSF-City of Corona; Magnolia Avenue/BNSF-Riverside County; 3rd Street/BNSF-City of Riverside; Chicago Avenue/BNSF-City of Riverside; Columbia Avenue/BNSF-City of Riverside; Iowa Avenue/BNSF-City of Riverside; Sunset Avenue/UP-City of Banning; Clay Street/UP-Riverside County; Jurupa Avenue/UP-City of Riverside, Streeter Avenue/UP-City of Riverside; Brockton Avenue/UP-City of Riverside; Auto Center Drive/BNSF-City of Corona; Smith Avenue/BNSF-City of Corona; Tyler Street/BNSF-City of Riverside; Adams Street/BNSF-City of Riverside; Madison Street/BNSF-City of Riverside; Mary Street/BNSF-City of Riverside; 7th Street/BNSF-City of Riverside; Spruce Street/BNSF-City of Riverside; Palmyrita Avenue/UP-City of Riverside; Center Street/BNSF-Riverside County; 22nd Street/UP-City of Banning; San Gorgonio Avenue/UP-City of Banning; Hargrave Street/UP-City of Banning; Avenue 48/Dillon Road/UP-City of Coachella/City of Indio; Bellgrave Avenue/UP-Riverside County; Palm Avenue/UP-City of Riverside; Panorama Road/UP-City of Riverside; Railroad Street/BNSF-City of Corona; Buchanan Street/BNSF-City of Riverside; Pierce Street/BNSF-City of Riverside; San Timoteo Canyon Road/UP-City of Calimesa; California Avenue/UP-City of Beaumont; Avenue 52/UP-City of Coachella; Avenue 62/UP-City of Coachella; Avenue 66/UP-City of Coachella.
(4) Grade separation projects in San Bernardino County: Grove Avenue on the UP Alhambra Line, Grove Avenue on the UP Los Angeles Line, Ramona Avenue on the UP Alhambra and Los Angeles Lines, Monte Vista Avenue on the UP Alhambra and Los Angeles Lines, State/University on the BNSF Cajon Line, Hunts Lane on the UP Yuma Line, Milliken Avenue on the UP Alhambra Line, Central Avenue on the UP Alhambra and Los Angeles Lines, San Antonio Avenue on the UP Alhambra and Los Angeles Lines, Sultana Avenue on the UP Alhambra and Los Angeles Lines, Campus Avenue on the UP Alhambra and Los Angeles Lines, State Street (Ontario) between the UP Alhambra and Los Angeles Lines, Vineyard Avenue on the UP Alhambra Line, Vineyard Avenue on the UP Los Angeles Line, Mt. Vernon Avenue on the UP Yuma Line, Vine Avenue on the UP Los Angeles Line, Bon View Avenue on the UP Los Angeles Line, Archibald Avenue on the UP Los Angeles Line, Milliken Avenue on the UP Los Angeles Line, Valley Boulevard on the BNSF San Bernardino Line, Laurel Street on the BNSF San Bernardino Line, Main Street on the BNSF San Bernardino Line, Olive Street on the BNSF San Bernardino Line, Palm Avenue on the BNSF Cajon Line, Glen Helen Parkway on the BNSF Cajon Line, Ranchero Road on the BNSF Cajon Line, Ranchero Road on the UP Cutoff Line, Vista Road on the BNSF Cajon Line, Hinkley Road on the BNSF Cajon Line, Lenwood Road on the BNSF Cajon Line, Oro Grande on the BNSF Cajon Line, Indian Trail on the BNSF Cajon Line, E Street on the BNSF San Bernardino Line, H Street on the BNSF San Bernardino Line, Phelan Road on the UP Cutoff Line, Johnson Road on the UP Cutoff Line, Whittier Avenue on the UP Yuma Line, Beaumont Avenue on the UP Yuma Line, Alessandro Road on the UP Yuma Line, and San Timoteo Canyon Road on the UP Yuma Line.
(5) A project to separate the at-grade rail crossings between the Union Pacific and the Burlington Northern Santa Fe Railroads in San Bernardino County, also known as the Colton crossing.
(6) A project to improve ondock rail infrastructure at the Port of Los Angeles or the Port of Long Beach (Ports Rail Program - Phase II).
(7) A project that would move containers to and from the Port of Los Angeles and the Port of Long Beach using electricity, magnetic levitation, or other similar zero-emission technology.
(h) 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.
(i) Once the commission has approved the final list of priority projects submitted by the authority, the commission shall transmit the approved list to the authority. A project proponent shall submit an application to the authority. Once the application has been approved using the priority list adopted by the authority and approved by the commission, the authority shall notify the Ports of Los Angeles and Long Beach, and the Ports of Los Angeles and Long Beach shall release funds from the San Pedro Bay Ports Congestion Fund to the project applicant accordingly.
(j) A project receiving funding pursuant to this section may also receive funding from other sources, including, but not limited to, local agencies, state sources, federal sources, and private sources.
(k) Once the projects on the final list are completed and fully funded, the commission shall notify the Ports of Los Angeles and Long Beach that the infrastructure projects are completed and the ports shall no longer collect the one-half of the user fee for infrastructure projects. The commission may also make a finding that a project on the final list has either been funded by another source or is no longer worthy of funding.
(l) Beginning January 1, 2009, and annually thereafter, the Ports of Los Angeles and Long Beach shall report to the commission and the transportation committees of the Senate and Assembly on the status of the San Pedro Bay Ports Clean Air Action Plan.
(m) The commission may approve in advance a project described in subdivision (g) for advance construction authority.
(n) If a project is proposed and is not identical to a project described in subdivision (g) but is similar, the authority may approve the project if it concludes that the project is similar to one listed in subdivision (g).
(o) The authority may remove a project described in subdivision (g) if it determines that the project does not directly relate to the movement of container cargo to and from the Port of Los Angeles or the Port of Long Beach.
(p) This section does not prevent a project applicant of a project described in subdivision (g) from using funds received pursuant to this section as a match to other programs, including, but not limited to, the program described in paragraph (1) of subdivision (c) of Section 8879.23 of the Government Code.
(q) Where a project is identified in subdivision (g) and is receiving funds, or may be using funds, pursuant to paragraph (1) of subdivision (c) of Section 8879.23 of the Government Code, the funds from Sections 1745 and 1746 shall be used to supplement, but not supplant, the funds from paragraph (1) of subdivision (c) of Section 8879.23 of the Government Code.