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Text of the Clean Ports Act of 2011

This bill was introduced on December 16, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Dec 16, 2011 (Introduced).

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Source: GPO

II

112th CONGRESS

1st Session

S. 2011

IN THE SENATE OF THE UNITED STATES

December 16, 2011

(for herself, Mr. Schumer, Mr. Franken, Mr. Menendez, Mrs. Boxer, and Mr. Brown of Ohio) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To amend title 49, United States Code, to provide certain port authorities, and for other purposes.

1.

Short title

This Act may be cited as the Clean Ports Act of 2011.

2.

Applicability to port facilities

Section 14501(c) of title 49, United States Code, is amended—

(1)

in paragraph (2)(A)—

(A)

by striking or after cargo,; and

(B)

by inserting before the semicolon the following: , or the authority of a State, political subdivision of a State, or political authority of 2 or more States, to adopt requirements for motor carriers and commercial motor vehicles providing services at port facilities 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 adoption or enforcement of such requirements does not conflict with any other applicable Federal law or regulation; and

(2)

by adding at the end the following:

(6)

Clarification

(A)

Definition of port facilities

For purposes of paragraph (2)(A), the term port facilities means 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.

(B)

Applicability of clean air act

Nothing in paragraph (1) may be construed to limit the rights reserved to any State or political subdivision of a State under the Clean Air Act (42 U.S.C. 7401 et seq.).

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