House Introduces Clean Ports Act, Transport Coalition Opposes Bill
On July 29, 2010, Representative Nadler and 56 co-sponsors, introduced the “Clean Ports Act of 2010” (H.R. 5967), which would provide ports the authority to adopt “clean” programs for motor carriers and commercial vehicles, among other things.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Bill Would Give Ports Authority to Reduce Truck Pollution, Safety
The bill would amend 49 USC 14501 on Federal authority over intrastate transportation by adding an exception which would provide states or political subdivisions of states the authority to adopt requirements for motor carriers and commercial motor vehicles providing services at port facilities1 that are reasonably related to the reduction of environmental pollution, traffic congestion, the improvement of highway safety, or the efficient utilization of port facilities, if such requirements are in accordance with any other applicable Federal law or regulation.
Transport Coalition Opposes Local Preemption of Fed Rules
The Clean and Sustainable Transportation Coalition2 sent a letter to bill’s 57 co-sponsors on July 29, 2010 urging them against co-sponsorship, as the bill endorses a controversial, unnecessary, and counterproductive change to longstanding federal trucking regulations which preempt state and local regulation of trucking in foreign and interstate commerce in order to avoid patchwork regulations.
Bill Not Needed to Reach Environmental Goals, Would Hurt Independent Truckers
The coalition states that the bill is a legislative effort to overturn losses in federal courts3 restricting local regulation of truck drayage services in the Los Angeles/Long Beach Clean Trucks Program, and that the change not necessary to meet environmental goals. According to the group, other ports, including Seattle, New York/New Jersey and Oakland, are all implementing similar clean truck programs without the controversial truck concession program.
In addition, the coalition believes that the bill is designed to ban independent harbor truckers from moving cargo through seaports to the benefit of larger trucking companies.
1“Port facilities” would mean all port facilities for coastwise, intercoastal, inland waterways, and Great Lakes shipping and overseas shipping, including, wharves, piers, sheds, warehouses, terminals, yards, docks, control towers, container equipment, maintenance buildings, container freight stations and port equipment, including harbor craft, cranes, and straddle carriers.
2American Apparel & Footwear Association, Agriculture Transportation Coalition, American Import Shippers Assoc. Inc., American Trucking Associations, California Retailers Association, California Trucking Association, Clean Truck Coalition, LLC, CONECT - Coalition of New England Companies for Trade, Columbia River Customs Brokers and Forwarders Assn, Custom Brokers & Forwarders Assn. of Northern California, Customs Brokers & International Freight Forwarders Assn. of Washington State, Express Association of America, Express Delivery and Logistics Association, Fashion Accessories Shippers Association, Footwear Distributors and Retailers of America, Harbor Trucking Association, International Warehouse Logistics Association, Los Angeles Customs Brokers & Freight Forwarders Assn., NASSTRAC, Inc., National Association of Waterfront Employers, National Retail Federation, New Jersey Retail Merchants Association, New York State Motor Truck Association, New York Shipping Association, Pacific Coast Council of Customs Brokers & Freight Forwarders Assns. Inc, Retail Industry Leaders Association, San Diego Customs Brokers Assn., Snack Food Association, The Health & Personal Care Logistics Conference, Inc., The National Industrial Transportation League, The Waterfront Coalition, Travel Goods Association, U.S. Association of Importers of Textiles and Apparel, Washington Retail Association, West State Alliance, and World Shipping Council.
3See ITT’s Online Archives or 03/03/10, 05/20/09, and 05/08/09 news, 10030340, 09052020, and 09050820, for BP summaries of the appeals court findings and district court's partial preliminary injunction.