Bill Text: CA SB1039 | 2009-2010 | Regular Session | Amended
Bill Title: Harbors and ports: San Diego Unified Port District.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-30 - Set, first hearing. Hearing canceled at the request of author. [SB1039 Detail]
Download: California-2009-SB1039-Amended.html
BILL NUMBER: SB 1039 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2010
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE APRIL 21, 2010
INTRODUCED BY Senator Ducheny
FEBRUARY 12, 2010
An act to add Section 19.5 to the San Diego Unified Port District
Act (Chapter 67 of the Statutes of 1962, First Extraordinary
Session), relating to harbors and ports.
LEGISLATIVE COUNSEL'S DIGEST
SB 1039, as amended, Ducheny. Harbors and ports: San Diego Unified
Port District.
Existing law, the San Diego Unified Port District Act, provides
for the San Diego Unified Port District. Under the act, the Board of
Commissioners of the San Diego Unified Port District has the sole
authority to adopt and modify a master plan for harbor and port
improvement and for the use of the tidelands and submerged lands
under the San Diego Unified Port District's jurisdiction.
This bill would authorize the board, in implementing the
master plan, to consider the inclusion of cooperative infrastructure
and capital projects that directly address maritime impacts in the
cities that host maritime industrial activities and that are
consistent with the public trust doctrine require the
board, in implementing the master plan, to include funding for
cooperative infrastructure and capital projects on and off
tidelands and submerged lands, consistent with the public trust
doctrine, that directly address maritime industrial impacts by the
port in cities that host maritime terminals . The bill
would specify conditions for eligibility for cities to receive
funding for cooperative infrastructure and capital projects.
By requiring the board to provide this funding, this bill would
impose a state-mandated local program.
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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
that the San Diego Unified Port District promote continued support
for its working waterfront by being able to use revenues derived from
maritime industrial activities for cooperative infrastructure and
capital projects in the cities that host those activities.
SECTION 1. It is the intent of the Legislature that the
San Diego Unified Port District provide financial incentives to
communities to preserve and expand the working waterfront by using
revenues for cooperative infrastructure and capital projects in the
cities that host a working waterfront in order to address the adverse
environmental and economic impacts on those cities.
SEC. 2. Section 19.5 is added to the San Diego Unified Port
District Act (Chapter 67 of the Statutes of 1962, First Extraordinary
Session), to read:
Sec. 19.5. In implementing the master plan
adopted pursuant to Section 19, the board may consider the inclusion
of cooperative infrastructure and capital projects that directly
address maritime impacts in the cities that host maritime industrial
activities and that are consistent with the public trust doctrine.
Sec. 19.5. (a) In order to protect and enhance the
economic benefits of import and export activities for the San Diego
region and the state, it is necessary to provide incentives to
communities that experience the adverse environmental, economic,
quality of life, and other impacts that result from hosting a working
waterfront, such as a decrease in recreation opportunities, the loss
of municipal revenue opportunities, increased noise and traffic, and
negative effects upon air quality. Such impacts are also described
generally as "maritime industrial impacts."
(b) In implementing the master plan adopted pursuant to Section
19, the board shall include funding for cooperative infrastructure
and capital projects on and off tidelands and submerged lands,
consistent with the public trust doctrine, that directly address
maritime industrial impacts by the port in cities that host maritime
terminals.
(c) Cities that demonstrate all of the following shall be eligible
to receive maritime industrial impacts funding from the board for
cooperative infrastructure and capital projects:
(1) Host at least one maritime terminal.
(2) Have census tracts near maritime terminals that exceed state
standards for average annual particulate matter exposure and have
been designated as an environmental justice community, as determined
by the San Diego County Air Pollution Control District.
(3) Have census tracts near maritime terminals that are less than
or equal to 80 percent of regional median income.
(4) Have a planning area near the maritime terminal, with
residential zones that have restricted public access to the tidelands
and submerged lands and waterfront that are within close proximity
to the planning area.
(d) The board shall make a good faith effort to fund, on an annual
basis, projects that address maritime industrial impacts that are
proposed by eligible cities. The board shall dedicate revenues, on an
annual basis, for those projects that meet the criteria established
in subdivision (c). For purposes of this section, there is a
presumption of good faith if a board decision to approve a project is
made within 180 days from a request for funding.
(e) The State Lands Commission shall be the final arbiter of any
disputes with regard to eligibility and approval of projects,
consistent with the commission's authority over projects on and off
tidelands and submerged lands, as set forth in Section 30.5. The
commission shall, to the extent feasible, rely on both of the
following:
(1) Existing local, state, and federal agency studies.
(2) Port studies conducted on port impacts.
SEC. 3. 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.
