Clean Ports Act of 2010

Clean Ports Act of 2010 - 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 utilization of such port facilities, provided such requirements are in accordance with federal law.

Declares that nothing in this Act shall limit the authority reserved to any state or political subdivision of such state under the Clean Air Act.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5967 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5967

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2010

Mr. Nadler of New York (for himself, Ms. Edwards of Maryland, Ms. Chu, 
Ms. Lee of California, Mr. Pallone, Ms. Wasserman Schultz, Mr. Connolly 
of Virginia, Ms. Linda T. Sanchez of California, Mr. Ackerman, Ms. Zoe 
 Lofgren of California, Mr. Filner, Mr. Grijalva, Mr. Stark, Ms. Moore 
   of Wisconsin, Mr. Hare, Ms. Harman, Mr. Farr, Mr. Rothman of New 
 Jersey, Mrs. Maloney, Mr. Serrano, Mr. Sires, Mr. Holt, Ms. Woolsey, 
 Mr. Sherman, Mrs. Napolitano, Ms. Kilroy, Mr. Honda, Mr. Rahall, Mr. 
  Capuano, Mrs. Capps, Mr. Garamendi, Mr. Thompson of California, Mr. 
George Miller of California, Mr. Hastings of Florida, Mr. Andrews, Ms. 
Sutton, Mr. Weiner, Ms. Clarke, Mr. Pascrell, Ms. Velazquez, Mr. Doyle, 
Mr. Berman, Ms. Loretta Sanchez of California, Mr. Bishop of New York, 
 Mr. Baca, Mr. Schiff, Mr. Towns, Mr. Payne, Mr. Ellison, Ms. Matsui, 
Mr. Blumenauer, Mr. Engel, Mr. Hall of New York, Mr. Meeks of New York, 
 Mr. Frank of Massachusetts, Mr. Lipinski, Mr. Israel, and Ms. Speier) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Ports Act of 2010''.

SEC. 2. APPLICABILITY TO PORT FACILITIES.

    Section 14501(c) 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 such 
                requirements are in accordance with any other 
                applicable Federal law or regulation''; and
            (2) by adding at the end the following:
            ``(6) Clarification for paragraph (2).--
                    ``(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 (2)(A) shall limit the authority reserved to 
                any State or a political subdivision thereof under the 
                Clean Air Act (42 U.S.C. 7401 et. seq).''.
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