IN THE SENATE OF THE UNITED STATES
December 16, 2011
Mrs. Gillibrand (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
To amend title 49, United States Code, to provide certain port authorities, and for other purposes.
This Act may be cited as the
Clean Ports Act of
Applicability to port facilities
Section 14501(c) of title 49, United States Code, is amended—
in paragraph (2)(A)—
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
by adding at the end the following:
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.
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.).