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Committee meetings:
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Environmental quality


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CMTA legislative database

AB 2042
Air Pollution: Ports of Long Beach and Los Angeles

Latest CMTA position: OPPOSE
Discourages port growth by imposing overly burdensome emissions caps

Author: Lowenthal (D - SD 27)

LegInfo: Bill text

Location: Governor's Desk

Despite recent amendments, this bill continues to discourage growth at the ports. The bill proposes to cap emissions at the Ports of Long Beach and LA by imposing growth restrictions that will limit imports and exports, causing price increases for California consumers and cost increases for California exporters. The bill, as amended, also continues to encourage litigation against local and state government by organizations who desire to limit growth at the ports, and conflicts with federal law by placing air emission "oversight" authority with the South Coast Air Quality Management District   an area that should be left to appropriate state and federal agencies like CARB and USEPA. And, the credit trading program that was added to the bill creates a new and costly program with little or no chance of achieving success. As long as this bill continues to include an emissions cap for the ports by a date certain, and then a no-net-increase in emissions thereafter, this bill will be a major threat to California's economy.

CMTA's Position: Oppose
Veto request to Gov. Schwarzenegger

September 3, 2004

Dear Governor Schwarzenegger:

The California Manufacturers and Technology Association (CMTA) respectfully requests that you veto AB 2042 (Lowenthal). As amended, August 17, AB 2042 establishes air emission limits which will impose growth and operations limits on the Ports of Los Angeles and Long Beach adversely affecting California's participation in world markets and ultimately impacting the recovery and growth of California's economy.

CMTA is requesting a veto on this measure for the following reasons:

ï AB 2042 ignores international treaties governing the regulation of ships through the International Maritime Organization and conflicts with federal law by placing air emission oversight authority with the South Coast Air Quality Management District   an area that should be left to federal or state agencies like the U.S. Environmental Protection Agency and/or the California Air Resources Board. It also establishes a dangerous precedent allowing local governments or municipalities to unilaterally establish air standards and regulate mobile sources. This could result in a "patchwork quilt" of air standards throughout the state.

ï AB 2042 encourages litigation against local and state government by organizations that desire to limit growth at the ports.

ï AB 2042 will divert trade to outlying ports, other states or possibly even other countries, thereby exacerbating Southern California's congestion and air quality problems as goods are shipped into the South Coast basin by less efficient means. The result could very well be a net emissions increase in the South Coast basin.

ï AB 2042 recommends a Memorandum of Understanding between parties yet sabotages any prospect of success in achieving this goal by establishing date specific baselines and limits on emissions, eliminating any incentive for the parties, except the ports, to reach consensus.

Ports do not create growth. They respond to it and service it. International trade has been one of the few bright spots in our economy. While this bill attempts to solve a local problem, it will have the unintended consequences of causing price increases for California consumers and businesses. California can not afford to limit the ability of its economy to grow.

Once again, CMTA respectfully requests that you veto AB 2042.

Sincerely,
Jack M. Stewart
President






CMTA staff information
CMTA lobbyist: Mike Rogge
  
VOTE HISTORY
 Aug. 25
Assembly Floor

Benoit NO
Calderon YES
Cogdill NO
Hancock YES
Harman NO
Leno YES
Liu YES
Oropeza YES
Pavley YES
Ridley-Thomas YES
Wolk YES
Wyland NO
Yee NO

 Aug. 19
Senate Floor

Aanestad NO
Ashburn NO
Cedillo YES
Cox NO
Denham NO
Ducheny Abstained
Dutton NO
Florez NO
Hollingsworth NO
Kehoe YES
Lowenthal YES
Maldonado NO
Romero YES
Simitian YES
Torlakson YES