Environment | Daily Report

Flickr photo by biofriendlyPort of Los Angeles

“Unsustainable” is how officials at the Port of Los Angeles describe their Clean Truck Program.

Rep. Jerrold Nadler, D-N.Y., and 57 congressional co-sponsors want to fix that with a new bill.

On Thursday, Nadler introduced the "Clean Ports Act of 2010" that would amend the Federal Motor Carrier Act to allow ports to enact and enforce clean truck programs that exceed current federal requirements. 

Current law preempts local and state regulation of trucking in foreign and interstate commerce, except when it comes to vehicle safety.

“We’re attempting to give power to ports and cities that would allow them to have the authority to control emissions," said Ilan Kayatasky, spokesman for Nadler. “The legislation is designed to clarify the law and preempt further challenges to ports around the country to enact clean air programs.”

In addition, the bill would grant cities and states the authority to regulate port air emissions, traffic congestion, issues related to highway safety and “the efficient utilization of port facilities.”

But the American Trucking Association and the Clean and Sustainable Transportation Coalition – an association of more than 35 trade associations – are opposed.

“We support the current law that is in place right now,” said Brandon Borgna, spokesman for the trucking association. “We don’t see a reason to change the Federal Motor Carriers Act to make environmental progress, because the ports have already shown they can do that without new legislation.”

Indeed, since the ports of Los Angeles and Long Beach instituted their landmark Clean Truck Program in 2008, more than 8,000 trucks have been replaced to meet or exceed 2007 EPA emissions rules. And air emissions have been cut by 80 percent.

The problem, say port officials, is that while the program has worked in terms of its clean air program, the program is unsustainable without new legislation. And they say other national ports may be reluctant to implement their own clean air programs without clear authority.

The Port of Los Angeles was sued in 2008 by the American Truckers Association. That suit is ongoing, and a ruling is expected to be announced later this month. Port officials declined to comment on the new bill while the case is under review.

California legislators supporting Nadler’s bill include: Reps. Joe Baca, Howard Berman, Lois Capps, Judy Chu, Sam Farr, Bob Filner, John Garamendi, Jane Harman, Michael Honda, Barbara Lee, Zoe Lofgren, Doris Matsui, George Miller, Grace Napolitano, Linda Sanchez, Loretta Sanchez, Adam Schiff, Brad Sherman, Jackie Speier, Fortney Pete Stark, Mike Thompson and Lynn Woolsey.