Bill Text: CA AB2057 | 2021-2022 | Regular Session | Chaptered

California Assembly Bill 2057 (Prior Session Legislation)

CA State Legislature page for AB2057

Bill Title: Department of Transportation: goods movement data.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-22 - Chaptered by Secretary of State - Chapter 458, Statutes of 2022. [AB2057 Detail]

Download: California-2021-AB2057-Chaptered.html

Assembly Bill No. 2057

CHAPTER 458

An act to add Section 14110.5 to the Government Code, and to add Section 157 to the Labor Code, relating to transportation.

[ Approved by Governor September 22, 2022. Filed with Secretary of State September 22, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 2057, Carrillo. Department of Transportation: goods movement data.

(1) Existing law requires the Transportation Agency to prepare a state freight plan on or before December 31, 2014, and every 5 years thereafter, with specified elements to govern the immediate and long-range planning activities and capital investments of the state with respect to the movement of freight. Existing law establishes the Department of Transportation within the agency and, among other things, requires the department to gather data related to public contracts awarded by the department.

Existing law authorizes the establishment of harbor districts and port districts with specified powers, as provided.

This bill would require the department to create a web page on its internet website that contains links to existing registries and databases related to drayage trucks from certain sources. The bill would require maritime ports with annual cargo volumes of greater than 1,000,000 20-foot equivalent units to anonymously survey trucking companies every 2 years on the number of drivers classified as independent contractors and the number of drivers classified as employee drivers, as specified, to post the survey data on their internet websites, and to transmit a link to the data collected to the department. To the extent this bill would impose additional duties on local agencies operating a maritime port, the bill would impose a state-mandated local program.

(2) Existing law establishes the Department of Industrial Relations within the Labor and Workforce Development Agency to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law requires the department to collect various forms of data, statistics, and research regarding labor within the state.

This bill would require the Department of Industrial Relations to provide the Department of Transportation with links to existing public registries and databases with information about drayage trucks, employers who are committing workers’ compensation fraud, and health and safety enforcement activity, as provided.

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 the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) Supply chain resilience and sustainability starts with transparency and data regarding goods movement in and out of the state’s ports.

(b) Trucks and truck drivers are a key part of the logistics chain and understanding the flow of vehicles and workers will inform smarter policy decisions and improve enforcement efforts on compliance with labor and environmental laws.

(c) The logistics chain has significant impacts on the health of communities located close to ports, warehouses, and highways that connect these locations.

(d) There are over 1,200 trucking companies registered to move goods at the ports of Los Angeles and Long Beach, and over 13,000 trucks in service at all of the state’s ports. An investigation by USA Today found that “port trucking companies in Southern California have spent the past decade forcing drivers to finance their own trucks by taking on debt they could not afford.”

(e) Drivers who are misclassified are required to bear the costs and responsibility of truck purchase, maintenance, and upkeep of their trucks. Trucks driven by contract drivers have the lowest compliance rates with the state’s Truck and Bus regulation emissions goals because drivers cannot afford to shoulder the costs.

(f) Widespread misclassification of port truck drivers has also left the port trucking industry unable to retain a stable workforce, track or deploy drivers efficiently, or keep goods moving on time.

(g) Communities with ports suffer from high rates of air pollution and pollution-related health effects, as seen in the recent South Coast Air Quality Management District Multiple Air Toxics Exposure Study V. This public health crisis and disparity has only been exacerbated by inefficient goods movement, including port and rail drayage traffic, along with dray-offs and other secondary goods movements.

(h) While state and local agencies are attempting to monitor local drayage and intermodal rail traffic, truck moves that take place offsite from port or rail terminals escape similar scrutiny. The State Air Resources Board has attempted to address dray-offs when compliant trucks exchange containers, trailers, or chassis with noncompliant trucks. These subsequent moves often take place after a drayage truck has delivered port cargo to a deconsolidation or transloading facility, where goods are taken off a shipping container and loaded onto another container or trailer and then taken to a local warehouse or distribution center.

(i) Data sharing on types of trucks will help to monitor air quality and traffic impacts and chart progress toward meeting clean fleet goals.

(j) While some of California’s ports collect significant data on port drayage trucking, there are gaps in what information is collected and what data is ultimately shared with state agencies or policymakers. There is no central entity tracking data on employment status, employer, type of vehicle, real-time location, job quality, and other data points relevant to ensuring a stable workforce and the efficient operation of the supply chain. The lack of this data also means that ports are unable to rapidly respond to crises such as the pandemic or the blockage in the Suez Canal in 2021.

(k) The federal government has also called for increased transparency and data collection around port trucking in order to address supply chain delays and expedite goods movement.

SEC. 2.

Section 14110.5 is added to the Government Code, immediately following Section 14110.4, to read:

14110.5.

(a) The department shall create a web page on its internet website that contains links to existing registries and databases related to drayage trucks from all of the following sources:

(1) The State Air Resources Board’s online truck reporting systems.

(2) The Port Drayage Truck Registry that is part of the Clean Trucks Program at the Port of Los Angeles and Port of Long Beach.

(3) Data maintained by the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project regarding the recipients of subsidies for the purchase of drayage trucks for operation at ports from that project.

(4) Truck make and model reported pursuant to the South Coast Air Quality Management District Warehouse Indirect Source Rule.

(5) Compliance status of trucks under the Heavy-Duty Vehicle Inspection and Maintenance Program (Chapter 5.5 (commencing with Section 44150) of Part 5 of Division 26 of the Health and Safety Code).

(6) Data made available pursuant to subdivision (b) of this section and Sections 157 and 2810.4 of the Labor Code.

(b) (1) All maritime ports with annual cargo volumes of greater than 1,000,000 20-foot equivalent units shall anonymously survey trucking companies every two years on the number of drivers classified as independent contractors and the number of drivers classified as employee drivers.

(2) Survey data described in paragraph (1) shall be posted on the maritime ports’ internet websites.

(3) Maritime ports subject to this section shall transmit the link to the data collected pursuant to paragraph (1) to the department.

(4) Nothing in this section shall require maritime ports to collect information identifying individual companies or drivers, confidential information, or trade secrets.

(5) Maritime ports shall not condition entry into their facilities on the basis of survey responsiveness or information contained therein.

SEC. 3.

Section 157 is added to the Labor Code, immediately following Section 156, to read:

157.

(a) The Department of Industrial Relations shall provide the Department of Transportation with links to existing public registries and databases related to drayage trucks.

(b) The Department of Industrial Relations shall also provide the Department of Transportation with links to existing public databases that may include information on either or both of the following:

(1) Employers who are committing workers’ compensation fraud.

(2) Health and safety enforcement activity.

SEC. 4.

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.