Clean Ports Act of 2013

Bill: 113-s-1435
Sponsor: full_name: Sen. Gillibrand, Kirsten E. [D-NY]
Introduced: 2013-08-01
Policy area: Transportation and Public Works
Subjects: Air quality

Federal preemption

Intergovernmental relations

Motor carriers

Navigation, waterways, harbors

Roads and highways

State and local government operations

Transportation costs

Transportation safety and security
Latest action: action_date: 2013-08-01
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2013-08-01
action_desc: Introduced in Senate
text: <p>Clean Ports Act of 2013 - Declares that federal preemption of state and local law relating to a price, route, or service of any motor carrier of property shall not apply to the authority of a state, local government, or the political authority of two or more states to adopt requirements for motor carriers 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 use of such port facilities, provided adoption or enforcement of such requirements does not conflict with federal law.</p> <p>Declares that nothing in this Act shall limit the rights reserved to any state or political subdivision of such state under the Clean Air Act.</p>

tv_txt: II 113th CONGRESS 1st Session S. 1435 IN THE SENATE OF THE UNITED STATES August 1, 2013 Mrs. Gillibrand (for herself and Mr. Menendez ) 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 2013 . 2. Applicability to port facilities Section 14501(c) of title 49, United States Code, is amended— (1) in paragraph (2)(A)— (A) by striking restrict the safety regulatory authority and inserting “restrict— (i) the safety regulatory authority ; (B) by striking vehicles, the authority and inserting “vehicles; (ii) the authority ; (C) by striking cargo, or the authority and inserting “cargo; (iii) the authority ; (D) in clause (iii) (as designated by subparagraph (C)), by inserting or after self-insurance authorization; ; and (E) by adding at the end the following: (iv) 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 use of port facilities, if adoption or enforcement of the requirements does not conflict with any other applicable Federal law (including regulations); and (2) by adding at the end the following: (6) Port facilities (A) Definition of port facilities In 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) limits the rights reserved to any State or political subdivision of a State under the Clean Air Act (42 U.S.C. 7401 et seq.). .