Bill to Allow Clean Truck, Environmental Programs Above Federal Standards Introduced
On February 9, 2011, Representative Nadler (D) introduced H.R. 572, the Clean Ports Act of 20111, which he states would amend the Federal Motor Carrier Act to allow ports to enact and enforce clean truck programs and implement environmental programs above the current federal requirements.
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According to Representative Nadler, “The Clean Ports Act represents a crucial modernization of federal law that would dramatically improve the quality of air for the estimated 87 million Americans who live and work near major container ports.”
Would Give Legal Authority to Port Cities to Implement Clean Trucks Programs
The press release states that this change to federal law would ensure that port cities like Los Angeles, New York, Newark, Oakland and Seattle possess the legal authority to set the standards needed to replace diesel trucks with clean diesel and alternative energy vehicles.
(Representative Nadler’s press release notes that in 2008, the Port of Los Angeles implemented a Clean Truck Program (CTP) which was challenged by industry in federal court and an injunction was issued to temporarily block Los Angeles’ ability to directly enforce -- through concession agreements -- key policy provisions to sustain the initial success.
A federal judge ruled in favor of the Port of Los Angeles; however, an injunction remains in place while opponents of Los Angeles’ program have filed an appeal.)
(See ITT’s Online Archives or 09/01/10 news, 10090121, for BP summary of court ruling holding that the Port of Los Angeles’ Clean Trucks Program requirements are enforceable. See ITT’s Online Archives or 10/28/10 news, 10102812, for BP summary of the reinstatement of the injunction.)
Nadler Introduced Similar Bill in July 2010, but No Action Was Taken
H.R. 572 is similar to the Clean Ports Act of 2010 which was introduced by Representative Nadler in July 2010. Congress did not act on the 2010 bill after it was introduced.
Transportation Coalition Opposed Nadler’s 2010 Bill
When the Clean Ports Act of 2010 was introduced, the Clean and Sustainable Coalition sent a letter to co-sponsors opposing the bill. (See ITT’s Online Archives or 08/05/10 news, 10080518, for BP summary on Coalition’s opposition to the 2010 Clean Air Act.)
1H.R. 572 has 50 original co-sponsors
H.R. 572 is available here.
Representative Nadler press release available here.