nd air pollution control
districts and air quality management districts with the primary
responsibility for the control of air pollution from all sources other
than vehicular sources. Existing law requires each marine terminal in
the state to operate in a manner that does not cause trucks to idle or
queue for more than 30 minutes while waiting to load or unload at the
terminal, and charges the applicable district with enforcing the
requirement, as provided.
This bill, instead, would require each marine terminal to operate in
a manner that does not cause trucks to idle or queue for more than 30
minutes while waiting to enter the terminal or for more than 30
minutes per transaction, as defined, from the first point of entry into
the marine terminal until the time the truck has passed through the
final exit gate. A violation would be subject to a $250 fine. Any owner
or operator of a marine terminal or port, or any agent thereof, who acts
97 to avoid or circumvent these requirements would be subject to a $750
fine. The bill would require the state board to monitor and enforce
these provisions. The bill would specify that the owner or operator of
a marine terminal does not violate the provision prohibiting trucks
from idling or queuing for more than 30 minutes while waiting to
enter the gate into the marine terminal or for more than 30 minutes per
transaction, if the delay is caused by specified events. Because this bill
would create new crimes, this bill would impose a state-mandated
local program.
(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 specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
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SECTION 1.
Section 39619.8 is added to the Health and
Safety Code, to read:
39619.8. (a)  Each marine terminal in the state shall operate
in a manner that does not cause trucks to idle or queue for more
than 30 minutes while waiting to enter the gate into the marine
terminal, and that does not cause trucks to idle or queue for more
than 30 minutes per transaction, as defined in subdivision (i),
from the first point of entry into the marine terminal until the
time the truck has passed through the final exit gate.
(b)  Any owner or operator of a marine terminal that operates
in violation of subdivision (a) is subject to a fine of two hundred
fifty dollars ($250) per vehicle per violation.
(c)  Any owner or operator of a marine terminal or port, or any
agent thereof, who takes any action intended to avoid or
circumvent the requirements of subdivision (a) or to avoid or
circumvent the reduction of emissions of particulate matter from
idling or queuing trucks is subject to a fine of seven hundred fifty
dollars ($750) per vehicle per violation, including, but not limited
to, any of the following actions:
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(1)  Diverting an idling or queuing truck to area freeways or
alternate staging areas, including, but not limited to, requiring a
truck to idle or queue inside the gate of a marine terminal.
(2)  Requiring or directing a truckdriver to turn on and off an
engine on a truck while that truck is idling or queuing.
(3)  Modifying or falsifying gate entry or exit times, including,
but not limited to, issuing a second gate entry time.
(d)  The owner or operator of a marine terminal does not
violate this section by causing a truck to idle or queue for more
than 30 minutes if the delay is caused by acts of God, strikes, a
federal customs inspection, or declared state and federal
emergencies, or if the state board finds that an unavoidable or
unforeseeable event caused a truck to idle or queue and that the
terminal is in good faith compliance with this section. than 30
minutes, if the delay is caused by any of the following:
(1)  An act of God.
(2)  A strike.
(3)  A federal customs inspection.
(4)  Any security inspection by the United States Department of
Homeland Security, the United States Coast Guard, or any state
or local law enforcement agency.
(5)  A declared state or federal emergency.
(6)  An unavoidable or unforeseeable event that caused a truck
to idle or queue and the terminal is otherwise in good faith
compliance with this section, as determined by the state board.
(e)  Failure to pay a fine imposed pursuant to subdivision (b) or
(c) shall constitute a violation of Article 3 (commencing with
Section 42400) of Chapter 4 of Part 4.
(f)  Any action taken by the marine terminal to assess, or seek
reimbursement from, the driver or owner of a truck for a
violation of this section shall constitute a violation of Article 3
(commencing with Section 42400) of Chapter 4 of Part 4.
(g)  Marine terminals in the state shall be monitored by the
state board to ensure compliance with this subdivision. The state
board shall determine the necessary level of monitoring and
enforcement commensurate with the level of the truck idling or
queuing problem existing at each marine terminal.
(h)  Citations for violations of this section shall be issued by
the state board, and shall include the truck license plate number
or other unique identifier, which may include, but is not limited
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to, the cargo container number, the name of the marine terminal
and port at which the violation occurred, and the date and time of
the violation. Each marine terminal shall provide to the district
that has jurisdiction over that terminal, to the state board, and
local or state law enforcement agencies, data on gate entry and
exit times, upon request.
(i)  For the purposes of this section, the following definitions
apply:
(1)   Marine terminal means a facility that meets all of the
following criteria:
(A)  Is located at a bay or harbor.
(B)  Is primarily used for loading or unloading containerized
cargo onto or off of a ship or marine vessel.
(C)  Contains one or more piers, wharves, slips, berths, or
quays.
(D)  Is located at a port that processes 100,000 or more
containers (20-foot equivalent units (TEUs)) annually.
(2)  Transaction means any of the following:
(A)  Pick up of a loaded container, either grounded or wheeled.
(B)  Pick up of an empty container, either grounded or
wheeled.
(C)  Delivery of a loaded container.
(D)  Delivery of an empty container.
(E)  Equipment repair or maintenance.
SEC. 2.
Section 40720 of the Health and Safety Code is
repealed.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
O
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