§ 40720. — 40720. (Amended by Stats. 2004, Ch. 580, Sec. 1.)

California § 40720.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 26.: DIVISION 26. AIR RESOURCES
• Part 3.: PART 3. AIR POLLUTION CONTROL DISTRICTS
• Ch. 6.: CHAPTER 6. General Powers and Duties

Text

(a)
Each marine terminal in the state shall operate in a manner that does not cause trucks to idle or queue for more than 30 minutes while waiting to enter the gate into the marine terminal.
(1)
Any owner or operator of a marine terminal that operates in violation of this subdivision is subject to a two hundred fifty dollar ($250) fine per vehicle per violation.
(2)
Marine terminals in the state shall be monitored by the district with jurisdiction over that terminal to ensure compliance with this subdivision.
(3)
Citations for violations of this subdivision shall be issued by the applicable district, and shall include the truck license plate number or other unique identifier, which may include, but is not limited to, the cargo container number, the name of the marine terminal and port at which the violation occurred, and the date and time of the violation.
(4)
Any action taken by the marine terminal to assess, or seek reimbursement from, the driver or owner of a truck for a violation of this subdivision shall constitute a violation of Article 3 (commencing with Section 42400) of Chapter 4 of Part 4.
(5)
Any owner or operator of a marine terminal or port, or any agent thereof, who takes any action intended to avoid or circumvent the requirements of this subdivision or to avoid or circumvent the reduction of emissions of particulate matter from idling or queuing trucks is subject to a seven hundred fifty dollar ($750) fine per vehicle per violation, including, but not limited to, either of the following actions:
(A)
Diverting an idling or queuing truck to area freeways or alternate staging areas, including, but not limited to, requiring a truck to idle or queue inside the gate of a marine terminal.
(B)
Requiring or directing a truckdriver to turn on and off an engine on a truck while that truck is idling or queuing.
(6)
The owner or operator of a marine terminal does not violate this subdivision by causing a truck to idle or queue for more than 30 minutes while waiting to enter the gate into the marine terminal, if the delay is caused by acts of God, strikes, or declared state and federal emergencies, or if the district finds that an unavoidable or unforeseeable event caused a truck to idle or queue and that the terminal is in good faith compliance with this section.
(7)
Failure to pay a fine imposed pursuant to paragraph (1) or (5) shall constitute a violation of Article 3 (commencing with Section 42400) of Chapter 4 of Part 4.
(b)
(1)
Subdivision (a) does not apply to any marine terminal that provides, as determined by the district, two continuous hours of uninterrupted, fully staffed receiving and delivery gates two hours prior to and after, peak commuter hours each day, at least five days per week.
(2)
For the purposes of this subdivision, “peak commuter hours” shall be those hours determined by the district, in consultation with the owners and operators of the marine terminals within the jurisdiction of each district and any labor union that is represented at those marine terminals. The district shall notify the marine terminals of the final determination of the peak commuter hours.
(c)
Subdivision (a) does not apply to any marine terminal that operates fully staffed receiving and delivery gates for 65 hours, five days per week, if that marine terminal is located at a port that processes less than 3 million containers (20-foot equivalent units (TEUs)) annually.
(d)
Subdivision (a) does not apply to any marine terminal that operates fully staffed receiving and delivery gates for 70 hours, five days per week, if that marine terminal is located at a port that processes more than 3 million containers (20-foot equivalent units (TEUs)) annually.
(e)
The district shall determine the necessary level of monitoring and enforcement commensurate with the level of the truck idling or queuing problem existing within its jurisdiction.
(f)
For the purposes of this section, “marine terminal” means a facility that meets all of the following criteria:
(1)
Is located at a bay or harbor.
(2)
Is primarily used for loading or unloading containerized cargo onto or off of a ship or marine vessel.
(3)
Contains one or more of the following:
(A)
Piers.
(B)
Wharves.
(C)
Slips.
(D)
Berths.
(E)
Quays.
(4)
Is located at a port that processes 100,000 or more containers (20-foot equivalent units (TEUs)) annually.
(g)
Notwithstanding paragraph (1) of subdivision (a), if a marine terminal implements a scheduling or appointment system for trucks to enter the terminal, the terminal shall be subject to a fine pursuant to subdivision (a) only for a truck that makes use of the system and that idles or queues for more than 30 minutes while waiting to enter the gate into the terminal, commencing from the start of the appointment or the time the truck arrives, whichever is later. The scheduling or appointment system shall meet all of the following requirements:
(1)
Provide appointments on a first-come-first-served basis.
(2)
Provide appointments that last at least 60 minutes and are continuously staggered throughout the day.
(3)
Not discriminate against any motor carrier that conducts transactions at the marine terminal in scheduling appointments.
(4)
Not interfere with a double transaction once inside the gate.
(5)
Not turn away or fine a motor carrier if that motor carrier misses an appointment.

Legislative History

Amended by Stats. 2004, Ch. 580, Sec. 1. Effective January 1, 2005.