Trade Group Opposes Newly Introduced Clean Ports Act
On December 16, 2011, Senator Gillibrand (D-NY) and 5 co-sponsors1 introduced S. 2011, the Clean Ports Act of 2011, which would allow local ports to regulate and enforce fuel-efficient truck programs that go beyond current federal mandates. According to Senator Gillibrand’s press release, under the Clean Ports Act of 2011, port cities such as New York, Los Angeles, Newark, Oakland and Seattle would have the authority to set standards, reduce emissions and improve air quality by replacing older diesel trucks with cleaner vehicles without imposing the burden onto truck drivers. The House version of the Clean Ports Act (H.R. 572) was introduced on February 9, 2011.
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Trade Coalition Send Letter to Senate Majority Leader Opposing S. 2011
On January 10, 2012, the Clean and Sustainable Transportation Coalition, a group of exporters, importers, and the logistics industries and service providers that support them, sent a letter to Senate Majority Leader Reid (D-NV) expressing their opposition to S. 2011 and warning that the bill would close the drayage market to many small businesses.
The Coalition notes that the success of the Clean Trucks Program (CTP) in Long Beach and Los Angeles demonstrates that effective truck emissions programs can be implemented without truck concession agreements in place. (The Coalition opposes the bill’s efforts to reverse the federal preemption of state and local laws, which it states would result in a return to a patchwork of regulations governing interstate and foreign commerce.)
The Coalition argues that other ports around the country, including Seattle, Charleston, Virginia, New York/New Jersey and Oakland, are all implementing similar clean truck programs to reduce harbor truck emissions without the controversial truck concession program. In addition, the American Association of Port Authorities (AAPA) has passed a policy position that states that the AAPA does not believe there is a need at this time to amend federal law because of the success of clean truck programs that have been implemented without a change in the law.
1Senators Boxer (D-CA), Brown (D-OH), Franken (D-MN), Menendez (D-NJ), and Schumer (D-NY).
(See ITT’s Online Archives 11021527 for summary of H.R. 572.
(See ITT’s Online Archives 10080518 for summary on Coalition’s opposition to H.R. 572.
See ITT’s Online Archives 11122707 for summary of ATA’s petition asking the Supreme Court to review the Los Angeles port truck rules.
See ITT's Online Archives 11101202 and 11092701 for summaries of the Ninth Circuit's ruling rejecting the Port's employee-driver rule and the Port subsequently ending its enforcement of the rule.)
Senator Gillibrand’s press release available here
Coalition letter available here