Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and 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 authorizes air districts to adopt and implement regulations to reduce or mitigate emissions from indirect sources of air pollution.
Existing law provides for the creation of the South Coast Air Quality Management District in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law requires the district to adopt rules and regulations to carry out the south coast district air quality management plan that are not in conflict with state and federal laws and rules and regulations and requires those rules and regulations to provide for indirect source controls under certain circumstances.
Pursuant to its authority, the district has proposed Rule 2304, which would require the Ports of Long Beach and Los Angeles to each develop a comprehensive plan for charging and fueling infrastructure for equipment, vehicles, and vessels used in port operations and whose source of propulsion energy or other use of energy, or both, is not, or is not primarily, derived from combustion of conventional fuels.
This bill would require the board of the district to ensure that Rule 2304, among other things, requires those ports to prepare assessments for the rule of energy demand and supply, cost estimates, and funding source, workforce, and environmental impacts and creates a process by which those ports can request extensions to the timelines developed to achieve the rule's targets. The bill would also prohibit the rule from, among other things, imposing a firm cap on cargo throughput or limiting operations at the ports in ways that hinder global competitiveness. The bill would make these provisions applicable to any other rule or regulation adopted by the board of the district to address pollution from any mobile source that is already subject to regulation by the state board and that is associated with an operation at any public seaport or marine terminal facility at a public seaport. The bill would repeal its provisions on January 1, 2036.
By imposing additional duties on the district and the ports, the 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.