Chapter 1. Port Facility Construction of California Harbors And Navigation Code >> Division 6. >> Part 2. >> Chapter 1.

Any public agency with authority to approve or deny port projects that result in the filling of subtidal habitats within the ocean ports of California or habitats in the water of inland ports of California shall approve, as mitigation for those fill projects, any subtidal or in-water mitigation project proposed by the port authority that the public agency determines provides appropriate and adequate mitigation for the adverse impacts on the affected subtidal or in-water habitat in a manner consistent with other law that is then existing.
(a) For purposes of this section, "council" means the California Marine and Intermodal Transportation System Advisory Council, a regional subunit of the Marine Transportation System National Advisory Council chartered by the federal Secretary of Transportation under the Federal Advisory Committee Act (Public Law 92-463).
  (b) The council is requested to do all of the following:
  (1) Meet, hold public hearings, and compile data on issues that include, but need not be limited to, all of the following:
  (A) The projected growth of each maritime port in the state.
  (B) The costs and benefits of developing a coordinated state program to obtain federal funding for maritime port growth, security, and congestion relief.
  (C) Impacts of maritime port growth on the state's transportation system.
  (D) Air pollution caused by movement of goods through the state's maritime ports, and proposed methods of mitigating or alleviating that pollution.
  (E) Maritime port security, including, but not limited to, training, readiness, certification of port personnel, exercise planning and conduct, and critical marine transportation system infrastructure protection.
  (F) A statewide plan for continuing operation of maritime ports in cooperation with the United States Coast Guard, the federal Department of Homeland Security, the California Emergency Management Agency, and the California National Guard, consistent with the state' s emergency management system and the national emergency management system, in the event of a major incident or disruption of port operations in one or more of the state's maritime ports.
  (G) State marine transportation policy, legislation, and planning; regional infrastructure project funding; competitiveness; environmental impacts; port safety and security; and any other matters affecting the marine transportation system of the United States within, or affecting, the state.
  (2) Identify all state agencies that are involved with the development, planning, or coordination of maritime ports in the state.
  (3) Identify other states that have a statewide port master plan and determine whether that plan has assisted those states in improving their maritime ports.
  (4) Compile all information obtained pursuant to paragraphs (1) to (3), inclusive, and submit its findings in a report to the Legislature not later than January 1, 2006. The report should include, but need not be limited to, recommendations on methods to better manage the growth of maritime ports and address the environmental impacts of moving goods through those ports.
  (c) The activities of the council pursuant to this section shall not be funded with appropriations from the General Fund.