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SB-974 Ports: congestion relief: air pollution mitigation: regulatory fee.(2007-2008)



Current Version: 08/05/08 - Enrolled

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SB974:v93#DOCUMENT

Enrolled  August 05, 2008
Passed  IN  Senate  August 05, 2008
Passed  IN  Assembly  July 15, 2008
Amended  IN  Assembly  July 14, 2008
Amended  IN  Assembly  September 05, 2007
Amended  IN  Senate  May 24, 2007
Amended  IN  Senate  April 30, 2007
Amended  IN  Senate  April 09, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 974

Introduced  by  Senator Lowenthal
 (Principal Coauthor(s): Assembly Member De La Torre)
 (Coauthor(s): Senator Kehoe, Kuehl, Migden, Steinberg)
 (Coauthor(s): Assembly Member Carter, DeSaulnier, Eng, Furutani, Hancock, Karnette, Solorio)

February 23, 2007

An act to amend and renumber Section 1760 of, to add a heading to Chapter 1 (commencing with Section 1720) of, and to add Chapter 2 (commencing with Section 1740) to, Part 2 of Division 6 of, the Harbors and Navigation Code, relating to ports.


LEGISLATIVE COUNSEL'S DIGEST


SB 974, Lowenthal. Ports: congestion relief: air pollution mitigation: regulatory fee.
(1) Existing law regulates the operation of ports and harbors.
This bill would require the Ports of Los Angeles, Long Beach, and Oakland to collect a user fee from the owner of container cargo moving through the Port of Los Angeles, the Port of Long Beach, or the Port of Oakland at a rate of $30 per twenty-foot equivalent unit (TEU).
The bill would require the Ports of Los Angeles and Long Beach (San Pedro Bay Ports) to transmit 1/2 the funds derived from imposition of the fee to the San Pedro Bay Ports Congestion Relief Trust Fund and 1/2 to the San Pedro Bay Ports Mitigation Relief Trust Fund, which funds the San Pedro Bay Ports would be required to establish. The bill would require the Port of Oakland to transmit the funds derived from imposition of the fee to the Port of Oakland Port Revenue Fund established pursuant to the City of Oakland City Charter.
This bill would require the moneys transmitted to the San Pedro Bay Ports Congestion Relief Trust Fund to be available for expenditure by the Southern California Goods Movement Authority exclusively for the purpose of funding projects that improve the flow and efficiency of container cargo to and from the Ports of Los Angeles and Long Beach, and for funding the administrative costs of this program. The bill would prohibit moneys deposited in that fund from being loaned or transferred to the general fund of specified local entities.
The bill would require the moneys transmitted to the San Pedro Bay Ports Mitigation Relief Trust Fund to be available for expenditure by the South Coast Air Quality Management District to mitigate air pollution caused by the movement of container cargo to and from the Ports of Los Angeles and Long Beach by commercial motor vehicles, oceangoing vessels, and rail, and to fund the administrative costs of the program. The bill would prohibit moneys deposited in that fund from being loaned or transferred to the general fund of specified local entities.
The bill would require the moneys transmitted to the Port of Oakland Port Revenue Fund to be available for expenditure by the Port of Oakland for funding projects that improve the flow and efficiency of container cargo to and from the Port of Oakland, to mitigate environmental air pollution caused by the movement of container cargo to and from the port by commercial motor vehicles, oceangoing vessels, cargo handling equipment, and rail, and to fund the administrative costs of the program. The bill would prohibit moneys deposited in that fund from being loaned or transferred to the general fund of the City of Oakland.
The bill would establish a state-mandated local program by imposing these additional duties upon the ports.
The bill would authorize the San Pedro Bay Ports and the Port of Oakland, through the City of Oakland, to enter into financing agreements with participating parties to finance or refinance San Pedro Bay Ports and Port of Oakland congestion and mitigation relief projects. The San Pedro Bay Ports and the Port of Oakland would be authorized to issue revenue bonds to fund these projects, and user fees assessed on container cargo from the San Pedro Bay Ports Congestion Relief Trust Fund, the San Pedro Bay Ports Mitigation Relief Trust Fund, and the Port of Oakland Port Revenue Fund would be used to secure any revenue bonds.
(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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The heading of Chapter 1 (commencing with Section 1720) is added to Part 2 of Division 6 of the Harbors and Navigation Code, immediately preceding Section 1720, to read:
CHAPTER  1. Port Facility Construction

SEC. 2.

 Chapter 2 (commencing with Section 1740) is added to Part 2 of Division 6 of the Harbors and Navigation Code, to read:
CHAPTER  2. Port Congestion Relief and Port Mitigation Relief
Article  1. General Provisions

1740.
 The Legislature hereby 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, Long Beach, and Oakland by the overland movement of container cargo shipped to and from those ports.
(b) The operation of the ports and 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 the owners of the cargo 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 and the Port of Oakland 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.
(g) Accordingly, it is the intent of the Legislature to alleviate these burdens by imposing a fee on shipping containers processed through those ports and using the funds derived from that fee to do both of the following:
(1) Improve the rail system that serves as an alternative to shipping on the highway by commercial vehicle, including, but not limited to, the ondock rail facilities at those ports.
(2) Mitigate the air pollution resulting from port operations moving container cargo.

1741.
 (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 projects pursuant to Section 1750. 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 and shall be reimbursed for these administrative expenses pursuant to Sections 1745 and 1746. All public meeting laws that apply to the City of Long Beach and the City of Los Angeles shall apply to the authority.

1743.
 For purposes of this chapter, the following definitions apply:
(a) “Authority” means the Southern California Goods Movement Authority.
(b) “Board” means the State Air Resources Board.
(c) “Commission” means the California Transportation Commission.
(d) “District” means the Executive Officer of the Bay Area Air Quality Management District or the South Coast Air Quality Management District, as appropriate.
(e) “MTC” means the Executive Director of the Metropolitan Transportation Commission.
(f) “Port” means the Port of Los Angeles, the Port of Long Beach, or the Port of Oakland, otherwise known as the City of Oakland acting by and through its Board of Port Commissioners, as appropriate.
(g) “Port Revenue Fund” means the fund created and designated pursuant to the City of Oakland City Charter for deposit of City of Oakland container cargo fee revenue.
(h) “Port of Oakland container cargo fee revenue” means income and receipts derived by that port from Port of Oakland container cargo fees.
(i) “Port of Oakland container cargo fee revenue bonds” means revenue bonds issued pursuant to the City of Oakland City Charter that are payable from Port of Oakland container cargo fee revenue.
(j) “Port of Oakland container cargo fees” means all user fees that are imposed pursuant to Section 1747.
(k) “Port of Oakland congestion relief project” means each project for public development facilities and economic facilities for which the expenditure of funds has been approved by the commission pursuant to Section 1751.
(l) “Port of Oakland mitigation relief project” means each project for public development facilities and economic development facilities for which the expenditure of funds has been approved by the State Air Resources Board pursuant to Section 1753.
(m) “Port of Oakland stakeholder group” means representatives of the community, port tenants, port users and operators, port customers, environmental and environmental justice groups, and neighborhoods designated by the Port of Oakland commissioners to advise and provide input to the Port of Oakland commissioners relating to projects to be funded with Port of Oakland container cargo fee revenues.
(n) “San Pedro Bay Ports” means the Ports of Los Angeles and Long Beach.
(o) “San Pedro Bay Ports Congestion Fund” means the San Pedro Bay Ports Congestion Relief Trust Fund.
(p) “San Pedro Bay Ports congestion relief container fee revenue” means income and receipts derived by the San Pedro Bay Ports from San Pedro Bay Ports congestion relief container fees.
(q) “San Pedro Bay Ports Congestion Relief Container Fee Revenue Bonds” means revenue bonds issued by the San Pedro Bay Ports that are payable from San Pedro Bay Ports congestion relief container fee revenue.
(r) “San Pedro Bay Ports congestion relief container fees” means all user fees that are imposed pursuant to Sections 1745 and 1746 and remitted to the San Pedro Bay Ports Congestion Fund.
(s) “San Pedro Bay Ports congestion relief project” means each project for public development facilities and economic development facilities for which the expenditure of funds has been approved by the authority pursuant to Section 1750.
(t) “San Pedro Bay Ports Mitigation Fund” means the San Pedro Bay Ports Mitigation Relief Trust Fund.
(u) “San Pedro Bay Ports mitigation relief container fee revenue” means income and receipts derived by the San Pedro Bay Ports from San Pedro Bay Ports mitigation relief container fees.
(v) “San Pedro Bay Ports Mitigation Relief Container Fee Revenue Bonds” means revenue bonds issued by the San Pedro Bay Ports that are payable from San Pedro Bay Ports mitigation relief container fee revenue.
(w) “San Pedro Bay Ports mitigation relief container fees” means all user fees that are imposed pursuant to Sections 1745 and 1746 and remitted to the San Pedro Bay Ports Mitigation Fund.
(x) “San Pedro Bay Ports mitigation relief project” means each project for public development facilities and economic development facilities for which the expenditure of funds has been approved by the South Coast Air Quality Management District pursuant to Section 1752.
(y) For purposes of subdivision (c) of Sections 1745, 1746, and 1747, “container cargo” means a loaded container.

1744.
 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Article  2. User Fee

1745.
 (a) Beginning January 1, 2009, the Port of Los Angeles shall develop a process for notifying the owner of, and collecting a user fee from the owner of, container cargo moving through the port.
(b) No later than March 1, 2009, the port shall notify the owner of cargo moving through the port that it will be assessed a user fee not to exceed thirty dollars ($30) per 20-foot equivalent unit (TEU). The notice shall include, but not be limited to, the process for payment of the user fee, the frequency for payment of the user fee, and that the user fee is being assessed to improve the goods movement infrastructure serving the port, to reduce air pollution from all forms of equipment, vehicles, locomotives, and ships that operate at the port and bring containers to and from the port.
(c) Beginning July 1, 2009, the port shall assess a user fee on the owner of container cargo moving through the port not to exceed thirty dollars ($30) per TEU. The port shall collect the fee at least twice a year.
(1) The San Pedro Bay Ports shall establish and maintain a special purpose trust fund named the San Pedro Bay Ports Congestion Relief Trust Fund. The port shall remit one-half of the user fee to the San Pedro Bay Ports Congestion Fund. Moneys deposited in that fund shall be available for expenditure by the authority exclusively for the purposes of funding projects that improve the flow and efficiency of container cargo to and from the Port of Los Angeles, and to fund the administrative costs of this program. Moneys deposited in that fund shall not be loaned or transferred to the general fund of the Port or City of Los Angeles or the Port or City or Long Beach.
(2) The San Pedro Bay Ports shall establish and maintain a special purpose trust fund named the San Pedro Bay Ports Mitigation Relief Trust Fund. The port shall remit one-half of the user fee to the San Pedro Bay Ports Mitigation Fund. Moneys deposited in that fund shall be available for expenditure by the South Coast Air Quality Management District to mitigate air pollution caused by the movement of container cargo to and from the Port of Los Angeles by commercial motor vehicles, oceangoing vessels, and rail, and to fund the administrative costs of this program. Moneys deposited in that fund shall not be loaned or transferred to the general fund of the Port or City of Los Angeles or the Port or City of Long Beach.
(d) The port may contract with PierPass for the collection of the user fee authorized pursuant to this section.
(e) The fee authorized pursuant to this section shall be separate from, and in addition to, any fee established by the Port of Los Angeles for any purpose.

1746.
 (a) Beginning January 1, 2009, the Port of Long Beach shall develop a process for notifying the owner of, and collecting a user fee from the owner of, container cargo moving through the port.
(b) No later than March 1, 2009, the port shall notify the owner of cargo moving through the port that it will be assessed a user fee not to exceed thirty dollars ($30) per 20-foot equivalent unit (TEU). The notice shall include, but not be limited to, the process for payment of the user fee, the frequency for payment of the user fee, and that the user fee is being assessed to improve the goods movement infrastructure serving the port, to reduce air pollution from all forms of equipment, vehicles, locomotives, and ships that operate at the port and bring containers to and from the port.
(c) Beginning July 1, 2009, the port shall assess a user fee on the owner of container cargo moving through the port not to exceed thirty dollars ($30) per TEU. The port shall collect the fee at least twice a year.
(1) The San Pedro Bay Ports shall establish and maintain a special purpose trust fund named the San Pedro Bay Ports Congestion Relief Trust Fund. The port shall remit one-half of the user fee to the San Pedro Bay Ports Congestion Fund. Moneys deposited in that fund shall be available for expenditure by the authority exclusively for the purposes of funding projects that improve the flow and efficiency of container cargo to and from the Port of Long Beach, and to fund the administrative costs of this program. Moneys deposited in that fund shall not be loaned or transferred to the general fund of the Port or City of Los Angeles or the Port or City of Long Beach.
(2) The San Pedro Bay Ports shall establish and maintain a special purpose trust fund named the San Pedro Bay Ports Mitigation Relief Trust Fund. The port shall remit one-half of the user fee to the San Pedro Bay Ports Mitigation Fund. Moneys deposited in that fund shall be available for expenditure by the South Coast Air Quality Management District to mitigate air pollution caused by the movement of container cargo to and from the Port of Long Beach by commercial motor vehicles, oceangoing vessels, and rail, and to fund the administrative costs of this program. Moneys deposited in that fund shall not be loaned or transferred to the general fund of the Port or City of Los Angeles or the Port or City of Long Beach.
(d) The port may contract with PierPass for the collection of the user fee authorized pursuant to this section.
(e) The fee authorized pursuant to this section shall be separate from, and in addition to, any fee established by the Port of Long Beach for any purpose.

1747.
 (a) Beginning January 1, 2009, the Port of Oakland shall develop a process for notifying the owner of, and collecting a user fee from the owner of, container cargo moving through the port.
(b) No later than March 1, 2009, the port shall notify the owner of container cargo moving through the port that it will be assessed a user fee not to exceed thirty dollars ($30) per 20-foot equivalent unit (TEU) or the amount identified pursuant to subdivision (d). The notice shall include, but not be limited to, the process for payment of the user fee, the frequency for payment of the user fee, and that the user fee is being assessed to improve the goods movement infrastructure serving the port, to reduce air pollution from all forms of equipment, vehicles, locomotives, and ships that operate at the port and bring containers to and from the port.
(c) Beginning July 1, 2009, the port shall assess a user fee on the owner of container cargo moving through the port not to exceed thirty dollars ($30) per TEU or the amount identified pursuant to subdivision (d). The port shall collect the fee at least twice a year.
(1) The port shall account for the user fees collected pursuant to this section as the Port of Oakland container cargo fee revenue. Container cargo fee revenue shall be deposited in the Port Revenue Fund as provided under the City of Oakland City Charter and shall not be loaned or transferred to the general fund of the City of Oakland. Revenue collected by the Port of Oakland pursuant to this section shall only be used for the purposes authorized in Sections 1751 and 1753.
(2) The Port of Oakland container cargo fee revenues shall be available for expenditure by the Port of Oakland for purposes of funding projects that improve the flow and efficiency of container cargo to and from the Port of Oakland, to mitigate environmental air pollution caused by the movement of container cargo to and from the port by commercial motor vehicles, oceangoing vessels, cargo handling equipment, and rail, and to fund the administrative costs of this program.
(3) No less than 50 percent of the aggregate amount of the Port of Oakland container cargo fee revenue shall be used to fund Port of Oakland mitigation relief projects authorized pursuant to Section 1753 over the first 10 years that the fee, established pursuant to Section 1747, is collected, with at least 100 percent of the fee revenue dedicated to Port of Oakland mitigation relief projects for the first three years the fee is collected.
(d) The fee identified in subdivision (a) shall be the amount specified by a resolution adopted by the Port of Oakland in 2008, if the port adopts a fee on container cargo prior to December 31, 2008.

Article  3. Congestion Relief and Mitigation Relief Projects

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.

1751.
 (a) Beginning January 1, 2009, the MTC and the Port of Oakland shall jointly develop a list of projects that would improve the overall efficiency of container cargo movement to and from the Port of Oakland by improving the rail and container transportation systems that transport container cargo to and from that port and the ondock and near-dock rail facilities at that port. In the process for selecting projects, the MTC and the Port of Oakland shall consult with the commission, the Port of Oakland stakeholder group, and the Sacramento Area Council of Governments. The MTC and the Port of Oakland shall hold public hearings to seek further input on developing these projects, including at least one hearing in the City of Oakland. The MTC and the Port of Oakland 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 MTC and the Port of Oakland 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 project list submitted jointly by the MTC and the Port of Oakland that would improve the overall efficiency of container cargo movement to and from the Port of Oakland by improving the rail and container transportation systems that transport container cargo to and from that port and the ondock and near-dock rail facilities at that port. This will be the final list of infrastructure projects at the Port of Oakland 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 MTC and the Port of Oakland. 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 MTC and the Port of Oakland shall become the final list of projects.
(c) The final list of Port of Oakland congestion relief projects shall include projects that improve the movement of container cargo by rail, or for projects that construct, maintain, or improve a road or highway that is on port property or that is part of a road or highway rail grade separation. To qualify, a rail grade separation project shall reduce conflicts between trains carrying container cargo from or to the port and motor vehicles.
(d) In determining which projects to include in the list of projects and in what order of priority, the MTC and the Port of Oakland 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 Port of Oakland, and shall determine if the port has 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 on no later than January 1, 2015, and January 1, 2020, the board shall notify the commission as to whether or not the port has met these goals. If these goals, as determined by the board, have not been met, the commission shall not approve projects, other than for ondock or near-dock rail, rail improvements on port property, and rail and road or highway grade separations, until the board determines that these goals have been met.
(f) Beginning July 1, 2011, and every two years thereafter, the MTC and the Port of Oakland, in consultation with the Port of Oakland stakeholder group, may evaluate the list of Port of Oakland congestion relief projects and may revise that list, taking into consideration whether the projects are legally, technologically, and economically feasible, and whether circumstances have changed to affect the feasibility or priority of, or need for, the projects. The MTC and the Port of Oakland shall approve the revised list only if there are any revisions at a public meeting and submit the revised list to the commission. No later than 90 days after the initial submission by the MTC and the Port of Oakland of the revised list, the commission, at a public hearing, shall approve the revised project list submitted by the MTC and the Port of Oakland. The commission shall not change the revised list of projects submitted by the MTC and the Port of Oakland. The commission may only accept or reject the entire list of projects. If the commission has not approved a revised list of projects by 90 days after the initial submission by the MTC and the Port of Oakland, the most recent revised list of projects submitted to the commission by the MTC and the Port of Oakland shall become the final list of projects.
(g) 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.
(4) The equipment is compliant with requirements set forth in the board’s regulation for In-Use Off-Road Diesel Vehicles (Sections 2449, 2449.1, 2449.2, and 2449.3 of Title 13 of the California Code of Regulations).
(h) Projects eligible to be considered by the MTC and the Port of Oakland include, but are not limited to, projects to separate at-grade crossings to reduce conflicts between trains carrying container cargo and motor vehicles or increase mainline rail capacity for moving cargo containers, and ondock and near-dock rail improvements at the Port of Oakland.
(i) In determining which projects to select, the MTC and the Port of Oakland shall also take into account the entire rail and trade corridor across northern and central California servicing the Port of Oakland.
(j) The Port of Oakland shall use the Port of Oakland container cargo fee revenues to fund only projects authorized pursuant to this section and Section 1753.
(k) 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.
(l) Once the projects on the final list are completed and fully funded, the Port of Oakland shall make a finding that the infrastructure projects are completed, to the extent feasible, and the port 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.
(m) Beginning January 1, 2009, and annually thereafter, the Port of Oakland shall report to the commission and the transportation committees of the Senate and Assembly on the status of the port’s maritime air quality improvement plan.
(n) When developing the list of projects pursuant to subdivision (a), the MTC and the Port of Oakland shall ensure that any projects selected are not inconsistent with the City Charter of the City of Oakland.
(o) The commission may approve, in advance, a project selected pursuant to subdivision (a) for advance construction authority.
(p) This section does not prevent a project applicant of a project selected pursuant to subdivision (a) 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 selected pursuant to subdivision (a) 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 Section 1747 shall be used to supplement, but not supplant, the funds from paragraph (1) of subdivision (c) of Section 8879.23 of the Government Code.

1752.
 (a) Beginning January 1, 2009, the South Coast Air Quality Management District (district) and the Ports of Los Angeles and Long Beach shall jointly develop a list of projects that reduce air pollution caused by the movement of container cargo to and from the Ports of Los Angeles and Long Beach. The projects on the list shall be consistent with the Emission Reduction Plan (ERP) adopted April 2006, and shall be designed to reduce air pollution at those ports in order to achieve and maintain state and federal air quality standards and to meet the ERP’s goals for 2010, 2015, and 2020, as well as the goals for the Air Quality Management Plan prepared by the South Coast Air Quality Management District, and the San Pedro Bay Clean Air Action Plan. In developing the list, the district and the Ports of Los Angeles and Long Beach shall jointly consult with the board and the Gateway Council of Governments. The district and the Ports of Los Angeles and Long Beach shall jointly hold public hearings before developing the list of projects, including at least one hearing being held at or near the Ports of Los Angeles and Long Beach. The district and the Ports of Los Angeles and Long Beach shall jointly compile this list, in priority order, and submit it the board no later than April 1, 2009. When compiling the project list, the district and the Ports of Los Angeles and Long Beach shall give the highest priority for the list and for funding for the projects described in paragraph (1) of subdivision (c) of Section 1752.
(b) The district and the Ports of Los Angeles and Long Beach shall jointly work with the Port of Los Angeles and the Port of Long Beach to ensure that projects within the Air Quality Management Plan prepared by the district and within the San Pedro Bay Clean Air Action Plan are completed or implemented.
(c) Projects, in the form of grants, revolving loans, loan guarantees, loans, or other funding measures, eligible to be considered by the district and the Ports of Los Angeles and Long Beach include, but are not limited to, the following:
(1) The replacement, repowering, or retrofitting of heavy-duty diesel vehicles that move cargo containers to and from the Port of Los Angeles or the Port of Long Beach, not otherwise required by any federal or state law or regulation.
(2) The replacement, repowering, or retrofitting of locomotive engines that move cargo containers to and from the Port of Los Angeles or the Port of Long Beach, not otherwise required by any federal or state law or regulation.
(3) Funding through grants of the incremental cost of using a low-sulfur fuel, not otherwise required by statute or regulation, on oceangoing vessels that carry cargo containers to and from the Port of Los Angeles or the Port of Long Beach.
(4) The provision of 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 board or a local air quality management district.
(5) The electrification of the rail infrastructure used to move cargo containers to and from the Port of Los Angeles or the Port of Long Beach.
(6) The provision of shoreside electrical power generation to oceangoing cargo container vessels, moving cargo containers to and from the Port of Los Angeles or the Port of Long Beach, not otherwise required by any federal or state law or regulation.
(7) Container cargo-handling equipment, handling cargo containers at the Port of Los Angeles or the Port of Long Beach, not otherwise required by any federal or state law or regulation.
(d) No later than September 1, 2009, the board, at a public hearing, shall accept a list of projects from the district and the Ports of Los Angeles and Long Beach that meets the ERP’s goals for 2010, 2015, and 2020, in order to meet or maintain federal air quality attainment standards. If the board has not approved a list of projects by September 1, 2009, the most recent list of projects submitted to the board by the district shall become the final list of projects.
(e) The board may determine, at a public hearing, that the emission reduction goals for 2020 have been met or exceeded and that projects that reduce emissions from the movement of cargo containers to and from the Port of Los Angeles that are designed to achieve federal air quality standards have been implemented, including full implementation of projects that reduce emissions from the movement of cargo containers to and from the Port of Los Angeles contained within the Air Quality Management Plan prepared by the district. Once the determination is made, and ensuring that all approved projects have been funded, the board shall notify the Port of Los Angeles of this determination, and the Port of Los Angeles shall no longer collect the one-half of the user fee for air quality projects meant to reach these goals and federal air quality attainment standards.
(f) The board may determine, at a public hearing, that the emission reduction goals for 2020 have been met or exceeded and that projects that reduce emissions from the movement of cargo containers to and from the Port of Long Beach that are designed to achieve federal air quality standards have been implemented, including full implementation of projects that reduce emissions from the movement of cargo containers to and from the Port of Long Beach contained within the Air Quality Management Plan prepared by the district. Once the determination is made, and ensuring that all approved projects have been funded, the board shall notify the Port of Long Beach of this determination, and the Port of Long Beach shall no longer collect the one-half of the user fee for air quality projects meant to reach these goals and federal air quality attainment standards.
(g) Once the board has approved the final list of priority projects submitted by the district and the Ports of Los Angeles and Long Beach, the board may begin approving applications for funding, in the form of grants, revolving loans, loan guarantees, loans, or other funding measures. A project proponent shall submit an application to the board. Once the application has been approved using the priority list adopted by the district and the Ports of Los Angeles and Long Beach and approved by the board, the board shall notify the Ports of Los Angeles and Long Beach and the Ports of Los Angeles and Long Beach shall release the funds from the San Pedro Bay Ports Mitigation Fund to the project applicant accordingly.
(h) 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.

1753.
 (a) Beginning January 1, 2009, the Bay Area Air Quality Management District (district) and the Port of Oakland shall jointly develop a list of projects that reduce air pollution caused by the movement of container cargo to and from the Port of Oakland. The projects on the list shall be consistent with the Emission Reduction Plan (ERP) adopted April 2006, and shall be designed to reduce air pollution at the port in order to achieve and maintain state and federal air quality standards and to meet the ERP’s goals for 2010, 2015, and 2020. In developing the list, the district and the Port of Oakland shall jointly consult with the board and the Port of Oakland stakeholder group. The district and the Port of Oakland shall jointly compile this list, in priority order, and submit it to the board no later than April 1, 2009. If the board rejects the list, the district and the Port of Oakland shall jointly compile a new list and submit it to the board.
(b) Projects, in the form of grants, revolving loans, loan guarantees, loans, or other funding measures, eligible to be considered by the district and the Port of Oakland include, but are not limited to, the following:
(1) The replacement, repowering, or retrofitting of heavy-duty diesel vehicles that move cargo containers to and from the Port of Oakland, not otherwise required by any federal or state law or regulation.
(2) The replacement, repowering, or retrofitting of locomotive engines that move cargo containers to and from the Port of Oakland, not otherwise required by any federal or state law or regulation.
(3) Funding through grants of the incremental cost of using a low-sulfur fuel, not otherwise required by statute or regulation, on oceangoing vessels that carry cargo containers to and from the Port of Oakland.
(4) The provision of 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 Oakland, and that has been tested and verified by the board or a local air quality management district.
(5) The electrification of infrastructure used within a marine terminal that handles cargo containers in the Port of Oakland.
(6) The provision of shoreside electrical power generation to oceangoing cargo container vessels, moving cargo containers to and from the Port of Oakland, not otherwise required by any federal or state law or regulation.
(7) Container cargo-handling equipment, handling cargo containers at the Port of Oakland, not otherwise required by any federal or state law or regulation.
(c) No later than September 1, 2009, the board, at a public hearing, shall approve a list of projects that meet the ERP’s goals for 2010, 2015, and 2020 that are consistent with the plan developed pursuant to subdivision (c), to meet or maintain federal air quality standards. If the board has not approved a list of projects by September 1, 2009, the most recent list of projects submitted to the board by the district shall become the final list of projects.
(d) Beginning July 1, 2011, and every two years thereafter, the district and the Port of Oakland, in consultation with the Port of Oakland stakeholder group, may evaluate the list of Port of Oakland mitigation relief projects and may revise that list, taking into consideration whether the projects are legally, technologically, and economically feasible, and whether circumstances have changed to affect the feasibility or priority of, or need for, the projects. The district and the Port of Oakland shall approve the revised list only if there are any revisions at a public meeting and submit the revised list to the board. No later than 90 days after the initial submission by the district and the Port of Oakland of the revised list, the board, at a public hearing, shall approve the revised project list submitted by the district and the Port of Oakland. The board shall not change the revised list of projects submitted by the district and the Port of Oakland. The board may only accept or reject the entire list of projects. If the board has not approved a revised list of projects by 90 days after the initial submission by the district and the Port of Oakland, the most recent revised list of projects submitted to the board by the district and the Port of Oakland shall become the final list of projects.
(e) The board may determine, at a public hearing, that the emission reduction goals for 2020 have been met or exceeded and that projects that reduce emissions from the movement of cargo containers to and from the port and are designed to achieve federal air quality standards have been implemented, and once the determination is made, and ensuring that all approved projects have been funded, notice shall be given to the Port of Oakland of this determination, and the Port of Oakland shall no longer collect the one-half of the user fee for air quality projects meant to reach these goals and federal air quality attainment standards.
(f) The Port of Oakland shall use the Port of Oakland container cargo fee revenues to fund only projects authorized pursuant to this section and Section 1751.
(g) 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.

1754.
 Notwithstanding any other provision of law, the Ports of Los Angeles, Long Beach, and Oakland are authorized to impose a user fee on cargo moving through the respective ports, with revenue proceeds to be used to construct and maintain infrastructure improvements and implement mitigation programs.

Article  4. Financing Provisions

1760.
 (a) Pursuant to the authority of the San Pedro Bay Ports, the San Pedro Bay Ports may enter into financing agreements with participating parties for the purpose of financing or refinancing San Pedro Bay Ports congestion relief projects and San Pedro Ports mitigation relief projects.
(b) As authorized, the San Pedro Bay Ports may issue bonds as San Pedro Bay Ports Congestion Relief Container Fee Revenue Bonds to finance or refinance San Pedro Bay Ports congestion relief projects and as San Pedro Bay Ports Mitigation Relief Container Fee Revenue Bonds to finance or refinance San Pedro Bay Ports mitigation relief projects.
(c) The principal of and interest and redemption premiums on San Pedro Bay Ports Congestion Relief Container Fee Revenue Bonds and San Pedro Bay Ports Mitigation Relief Container Fee Revenue Bonds shall be payable from, and secured by, San Pedro Bay Ports congestion relief container fee revenue and San Pedro Bay Ports mitigation relief container fee revenue, respectively, as and to the extent provided in the constituent instruments defining the rights of the holders of the bonds.

1761.
 (a) Pursuant to the procedures in the City of Oakland City Charter and subject to any applicable pledges, liens, covenants, or obligations of the port’s bonds, debt instruments, indentures, or other indebtedness, the Port of Oakland may enter into financing agreements with participating parties for the purpose of financing or refinancing Port of Oakland congestion relief projects and Port of Oakland mitigation relief projects.
(b) As authorized by the City of Oakland City Charter, the Port of Oakland may issue bonds as the Port of Oakland container cargo fee revenue bonds to finance or refinance Port of Oakland congestion relief projects or the Port of Oakland mitigation relief projects.
(c) The principal of and interest and redemption premiums on the Port of Oakland container cargo fee revenue bonds shall be payable from, and secured by, the Port of Oakland container cargo fee revenue as, and to the extent, provided in the constituent instruments defining the rights of the holders of the bonds.

1762.
 The San Pedro Bay Ports may pledge all or any portion of the San Pedro Bay Ports congestion relief container fees to secure San Pedro Bay Ports Congestion Relief Container Fee Revenue Bonds, and credit facilities for these bonds, and all or any portion of the San Pedro Bay Ports Mitigation Relief Container Fee Revenue Bonds, and credit facilities for these bonds. All San Pedro Bay Ports congestion relief container fees and San Pedro Bay Ports mitigation relief container fees so pledged shall be paid to the indenture trustee for these bonds each month, from the San Pedro Bay Ports Congestion Relief Trust Fund and the San Pedro Bay Ports Mitigation Relief Trust Fund for so long as any of the bonds are outstanding. Any San Pedro Bay Ports congestion relief container fees and San Pedro Bay Ports mitigation relief container fees that are not required to be retained by the indenture trustee pursuant to the constituent instruments defining the rights of the holders of the bonds shall be remitted by the indenture trustee to the San Pedro Bay Ports Congestion Relief Trust Fund and the San Pedro Bay Ports Mitigation Relief Trust Fund and shall be disbursed at the request of the authority and the district, respectively, for San Pedro Bay Ports congestion relief projects and San Pedro Bay Ports mitigation relief projects.

1763.
 Pursuant to the procedures in the City of Oakland City Charter and subject to any applicable pledges, liens, covenants, or obligations of the port’s bonds, debt instruments, indentures, or other indebtedness, the Port of Oakland may pledge all or any portion of the Port of Oakland container cargo fees to secure Port of Oakland container cargo fee revenue bonds, and credit facilities for these bonds. All Port of Oakland container cargo fees so pledged shall be paid to the indenture trustee for these bonds each month for so long as any of the bonds are outstanding. Pursuant to the procedures in the City of Oakland City Charter and subject to any applicable pledges, liens, covenants, or obligations of the port’s bonds, debt instruments, indentures, or other indebtedness, any Port of Oakland container cargo fees that are not required to be retained by the indenture trustee pursuant to the constituent instruments defining the rights of the holders of the bonds shall be remitted by the indenture trustee and be disbursed at the request of the Port of Oakland to pay for Port of Oakland congestion relief projects and Port of Oakland mitigation relief projects.

SEC. 3.

 Section 1760 of the Harbors and Navigation Code is amended and renumbered to read:

1730.
 (a) For purposes of this section, “council” means the California Marine and Intermodal Transportation System Advisory Council, a regional subunit of the Marine Transportation System National Advisory Council chartered by the federal Secretary of Transportation under the Federal Advisory Council Act (P.L. 92-463).
(b) The council is requested to do all of the following:
(1) Meet, hold public hearings, and compile data on issues that include, but need not be limited to, all of the following:
(A) The projected growth of each maritime port in the state.
(B) The costs and benefits of developing a coordinated state program to obtain federal funding for maritime port growth, security, and congestion relief.
(C) Impacts of maritime port growth on the state’s transportation system.
(D) Air pollution caused by movement of goods through the state’s maritime ports, and proposed methods of mitigating or alleviating that pollution.
(E) Maritime port security, including, but not limited to, training, readiness, certification of port personnel, exercise planning and conduct, and critical marine transportation system infrastructure protection.
(F) A statewide plan for continuing operation of maritime ports in cooperation with the United States Coast Guard, the federal Department of Homeland Security, the Office of Emergency Services, the state Office of Homeland Security, and the California National Guard, consistent with the state’s emergency management system and the national emergency management system, in the event of a major incident or disruption of port operations in one or more of the state’s maritime ports.
(G) State marine transportation policy, legislation, and planning; regional infrastructure project funding; competitiveness; environmental impacts; port safety and security; and any other matters affecting the marine transportation system of the United States within, or affecting, the state.
(2) Identify all state agencies that are involved with the development, planning, or coordination of maritime ports in the state.
(3) Identify other states that have a statewide port master plan and determine whether that plan has assisted those states in improving their maritime ports.
(4) Compile all information obtained pursuant to paragraphs (1) to (3), inclusive, and submit its findings in a report to the Legislature not later than January 1, 2006. The report should include, but need not be limited to, recommendations on methods to better manage the growth of maritime ports and address the environmental impacts of moving goods through those ports.
(c) The activities of the council pursuant to this section shall not be funded with appropriations from the General Fund.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.