II 112th CONGRESS 1st Session S. 2011 IN THE SENATE OF THE UNITED STATES December 16, 2011 Mrs. Gillibrand (for herself, Mr. Schumer, Mr. Franken, Mr. Menendez, Mrs. Boxer, and Mr. Brown of Ohio) 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 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

(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) may be construed to limit the rights reserved to any State or political subdivision of a State under the Clean Air Act (42 U.S.C. 7401 et seq.). .