New Bill Would Give Ports Authority Over Clean Truck Programs

A new bill 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.

Congressman Jerrold Nadler (D-N.Y.) introduced the Clean Ports Act of 2010 and now has 57 co-sponsors.

The law would give ports, such as the Ports of Los Angeles and Long Beach, the authority to set the standards for clean diesel and alternative energy vehicles in order to reduce pollution.

"With trucking a ubiquitous and central part of goods distribution nationwide, we must ensure that the government is doing everything in its power to decrease vehicle emissions and minimize pollution in and around our ports," said Nadler. "The Clean Ports Act will update federal environmental law to allow forward-thinking ports, like the Port of Los Angeles, to implement clean truck programs that will improve the air, empower truckers, and reduce the incidence of illnesses exacerbated by pollution."

In one year, the Port of Los Angeles' Clean Truck Program reportedly replaced nearly 6,000 dirty diesel trucks with clean diesel and alternative energy vehicles, eliminating 30 tons of diesel particulate matter and reducing diesel particulate pollution by an estimated 70 percent.

The American Trucking Associations has challenged Los Angeles' Clean Truck Program in court, receiving a temporary injunction against the port's concession agreement banning owner-operators from the port.

The Teamsters union, along with several ports around the country, have urged Congress to change the Federal Aviation Administration Authorization Act (FAAAA), which prohibits states from enacting and enforcing laws that are "related to" motor carrier prices, routes, or services in order to maximize competitive forces in the trucking industry. These ports wish to have the authority to regulate trucking operations at the ports, such as security, congestion and the environment.