I 112th CONGRESS 1st Session H. R. 572 IN THE HOUSE OF REPRESENTATIVES February 9, 2011 Mr. Nadler (for himself, Ms. Moore, Mr. Schiff, Ms. Lee of California, Mr. Ackerman, Mr. Stark, Mr. Filner, Mr. Wu, Ms. Zoe Lofgren of California, Ms. Speier, Mrs. Maloney, Mr. Weiner, Mr. Berman, Mrs. Napolitano, Mr. Serrano, Mr. Holt, Mr. Grijalva, Mr. Moran, Ms. Loretta Sanchez of California, Ms. Schakowsky, Mr. Pallone, Mr. Sires, Ms. Woolsey, Mr. Higgins, Mr. Kucinich, Mrs. McCarthy of New York, Mr. Israel, Mr. Bishop of New York, Mr. Connolly of Virginia, Mr. Ellison, Ms. Slaughter, Mr. Honda, Ms. Hirono, Ms. Matsui, Ms. Roybal-Allard, Ms. Wasserman Schultz, Mr. Sherman, Mr. Capuano, Ms. Linda T. Sánchez of California, Ms. Velázquez, Mr. Thompson of California, Mrs. Lowey, Mr. Garamendi, Mr. Blumenauer, Mr. George Miller of California, Ms. Eshoo, Mr. McNerney, Mr. Critz, Mr. Rothman of New Jersey, Mr. Payne, and Mr. Inslee) 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.

1.

Short title

This Act may be cited as the Clean Ports Act of 2011.

2.

Applicability to port facilities

Section 14501(c) of title 49, United States Code, 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 adoption or enforcement of such requirements does not conflict 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 (1) shall limit the rights reserved to any State or a political subdivision thereof under the Clean Air Act (42 U.S.C. 7401 et seq.). .