Bill Text: CA AB3015 | 2017-2018 | Regular Session | Amended
Bill Title: Marine terminal operations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-25 - In committee: Held under submission. [AB3015 Detail]
Download: California-2017-AB3015-Amended.html
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May 08, 2018 |
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April 30, 2018 |
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CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 3015 |
| Introduced by Assembly Member Caballero |
February 16, 2018 |
An act to add Section 13978.9 to the Government Code, and to add Section 38592.7 to the Health and Safety Code, relating to greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
AB 3015, as amended, Caballero.
Marine terminal operations.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years.
Existing law requires the Transportation Agency to prepare a state freight plan that provides a comprehensive plan
to govern the immediate and long-range planning activities and capital investments of the state with respect to movement of freight. Existing law requires the agency to establish a freight advisory committee that would assist the agency in the development of the state freight plan, as specified. The bill would require the state freight plan to include certain elements.
This bill would require the state freight plan submitted on or before December 31, 2024, to contain additional specified elements relating to the development of transportation infrastructure to support the introduction of intermodal zero-emissions zero-emission and near-zero-emission cargo handling equipment at California seaports and rail yards. The bill would require the agency to undertake certain activities
with respect to the development of those additional elements. The bill would require the state board, by June 30, 2023, to develop a technical report with respect to the transition to zero-emission and near-zero-emission cargo handling equipment, as specified, and to incorporate the findings of consider the report in the preparation of subsequent updates of the scoping plan.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) In 2013, the Legislature passed Chapter 223 of the Statutes of 2013, which required that the Transportation Agency develop a state freight plan that provides for governance of the immediate and long-range planning activities and capital investments of the state with respect to the movement of freight.
(b) In 2014, the final California Freight Mobility Plan was completed by the Transportation Agency and the Department of Transportation in consultation with the California Freight Advisory Committee, and submitted to the
Legislature, Governor, California Transportation Commission, Public Utilities Commission, and State Air Resources Board.
(c) In July 2015, Governor Brown issued Executive Order No. B-32-15, which directed the Secretary of Transportation, Secretary for Environmental Protection, and Secretary of the Natural Resources Agency to lead other relevant state departments in developing an integrated action plan by July 2016 that “establishes clear targets to improve freight efficiency, transition to zero-emission technologies, and increase competitiveness of California’s freight system.” Participating state departments include the State Air Resources Board, Department of Transportation, State Energy Resources Conservation and Development Commission, and the Governor’s Office of Business and Economic Development.
(d) In July 2016, the California Sustainable Freight Action Plan was completed in response to Executive Order No. B-32-15 and included recommendations on, amongst others, “[a] long-term 2050 Vision and Guiding Principles for California’s future freight transport system,” and “[t]argets for 2030 to guide the State toward meeting the Vision.”
(e) In May 2016, the State Air Resources Board released an updated mobile source strategy which demonstrated how the state can attain air quality standards for ozone and particulate matter by 2031, achieve greenhouse gas emission reduction targets of 40 percent below 1990 levels by 2030, continue progress towards 80 percent reduction by 2050, reduce petroleum usage by 2030, and increase energy efficiency by 2030.
(f) In March 2017, the State Air Resources Board approved the state SIP strategy, which along with the Sustainable Freight Action Plan, Short-Lived Climate Pollutant Strategy, and Climate Change Scoping Plan, serves as the basis for the implementation of the mobile source strategy. The State Air Resources Board has submitted the state SIP strategy to the USEPA for approval.
(g) The state, acting by and through the State Air Resources Board, currently controls emissions from cargo handling equipment (CHE) at California’s seaports and intermodal rail yards under the Regulation for Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards (Section 2479 of Title 13 of the California Code of Regulations). The regulation establishes best available control technology for new and
in-use CHE that operates at California’s ports and intermodal rail yards. The rules are applicable to all diesel-fueled equipment used at a California port or intermodal rail yard to lift or move containers, bulk or liquid cargo, or to perform routine or predictable maintenance and repair activities. Equipment that handles cargo containers includes yard trucks, top handlers, side handlers, reach stackers, forklifts, and rubber-tired gantry (RTG) cranes. Equipment that is used to handle bulk cargo includes dozers, excavators, loaders, and railcar movers. Forklifts, aerial lifts, and other types of equipment used in maintenance operations at ports and intermodal rail yards are also considered CHE for the purposes of that regulation.
(h) Efforts by the state, private industry, and seaports that have resulted in emissions reductions and
improvements in environmental quality at California’s seaports over the past decade have been substantial, significant, and unprecedented.
(i) Improving the efficiency of California’s freight transport system is vital to the state’s economy. Traditional routes of moving freight face increasing competition from across the globe, and California’s system should anticipate and stay ahead of these changes. Currently, California is the nation’s largest gateway for international trade and domestic commerce, with an interconnected system of ports, railroads, highways, and roads that allow freight from around the world to move throughout the state and nation. This system is responsible for one-third of the state’s economic product and jobs, with freight-dependent industries accounting for over seven hundred and forty billion dollars ($740,000,000,000) in
gross domestic product and over five million jobs in 2014. However, California’s freight transport system is under pressure to serve our growing population and satisfy dynamic market demands, while other locations in the United States and across the world are fiercely competing for this economic activity.
(j) Maintaining the state’s cargo competitiveness is not just an imperative for the economic health of California but is necessary to preserve reductions in emissions of greenhouse gases. Studies have demonstrated that when California loses marketshare and volumes of imports to other ports and gateways on the gulf and Atlantic coasts that greenhouse gas emissions associated with this diversion are substantial. Greenhouse gas emissions are on average 22 percent higher when cargo which originates in the Far East is diverted from the west
coast ports in favor of east coast and gulf coast ports.
SEC. 2.
Section 13978.9 is added to the Government Code, to read:13978.9.
(a) In addition to the requirements of subdivision (c) of Section 13978.8, the state freight plan submitted on or before December 31, 2024, with respect to the development of transportation infrastructure to support the introduction of intermodal zero-emission and near-zero-emission cargo handling equipment at California seaports and rail yards, shall include all of the following:(1) An identification of significant intermodal infrastructure and equipment trends, needs, and issues.
(2) A description of
freight policies, strategies, and performance measures that will guide freight-related transportation infrastructure investment decisions.
(3) A description of how the state freight plan will facilitate consideration of the costs, cost effectiveness, and timelines for the development of the publicly owned freight-related transportation infrastructure investment necessary to support the transition to zero-emission
and near-zero-emission cargo handling equipment.
(4)A description of how the state freight plan is consistent with the State Air Resources Board scoping plan update adopted pursuant to Section 38592.5 of the Health and Safety Code, the California Sustainable Freight Action Plan, and the state board’s mobile source strategy.
(4) The identification and inclusion of nonautomated solutions and technologies to be supported with respect to the development of transportation infrastructure.
(b) In developing the information described in subdivision (a), the Transportation Agency shall do all of the following:
(1) In addition to consultation with the freight advisory committee established pursuant to Section 13978.8, convene a working group consisting of representatives of seaports, marine terminal operators, ocean carriers, waterfront labor, cargo owners, environmental and community advocacy groups, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, the Public Utilities Commission, and air quality management and air pollution control districts, to advise the agency on the development of the information specified in subdivision
(a).
(2) Consider the technical report developed by the State Air Resources Board pursuant to Section 38592.7 of the Health and Safety Code with respect to zero-emission and near-zero-emission cargo handling equipment.
(3) Consider the report developed pursuant to Section 38591.3 of the Health and Safety Code.
SEC. 3.
Section 38592.7 is added to the Health and Safety Code, to read:38592.7.
(a)(1) Evaluation of the cargo handling equipment commercially available to achieve zero-emission and near-zero-emission operations.
(2) The cost, cost-effectiveness, and cost-benefit analysis of cargo handling equipment commercially available to achieve zero-emission and near-zero-emission operations.
(3) The infrastructure required to support the operation of cargo handling equipment commercially available to achieve
zero-emission and near-zero-emission operations.
(4) The cost, cost-effectiveness, and cost-benefit analysis of infrastructure to support the operation of cargo handling equipment commercially available to achieve zero-emission and near-zero-emission operations.
(5) Evaluation of cargo handling equipment to achieve zero-emission and near-zero-emission operations that is under research and development but is commercially unavailable.
(6) Evaluation of the cargo-handling cargo handling equipment emissions reductions achieved under Section
2479 of Title 13 of the California Code of Regulations, and the cost, cost-effectiveness, and cost-benefit analysis of the performance of applicable rules related to cargo handling
equipment.
(7) Evaluation of the relative benefits of introduction of zero-emission cargo-handling and near-zero-emission cargo handling equipment at seaports and rail yards as compared to the requirements of Section 2479 of Title 13 of the California Code of Regulations with respect to the emissions of greenhouse gases, criteria air pollutants, diesel particulate matter, and other toxic air contaminants, and community health benefits for a disadvantaged community.
(8) Evaluation of the commercial availability of non-automated
zero-emission and near-zero-emission cargo handling equipment.
(9) Evaluation of the job and economic impacts of utilization of zero-emission and near-zero-emission cargo handling equipment.
(b) In developing the technical report pursuant to subdivision (a), the state board shall consider the report developed pursuant to Section 38591.3.
(b)
(c) The state board shall consider and incorporate the findings of the technical report created pursuant to subdivision (a) in the preparation of all updates of the scoping plan occurring on and after July 1, 2023.
(d) The state board shall not rely on the technical report developed pursuant to subdivision (a) as the sole basis for adopting regulations related to cargo handling equipment, including amending Section 2479 of Title 13 of the California Code of Regulations or its successor,
to require the use of zero-emission or near-zero-emission cargo handling equipment operating on an automated basis without providing for an option for nonautomated operation.
(e) If, prior to July 1, 2023, the state board adopts regulations related to cargo handling equipment, including amending Section 2479 of Title 13 of the California Code of Regulations or its successor, and includes in the initial statement of reasons for the rulemaking analyses that are required for the development of the technical report pursuant to subdivision (a), the requirements of subdivision (a) are deemed to be satisfied and the initial statement of reasons and the associated record of the rulemaking constitutes the technical report required pursuant
to subdivision (a). The state board shall adopt a resolution stating its intent to substitute the rulemaking for the development of the technical report pursuant to subdivision (a).
