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California Health and Safety Code Section 40720

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40720.  (a) Each marine terminal in the state shall operate in a
manner that does not cause trucks to idle or queue for more than 30
minutes while waiting to enter the gate into the marine terminal.
   (1) Any owner or operator of a marine terminal that operates in
violation of this subdivision is subject to a two hundred fifty
dollar ($250) fine per vehicle per violation.
   (2) Marine terminals in the state shall be monitored by the
district with jurisdiction over that terminal to ensure compliance
with this subdivision.
   (3) Citations for violations of this subdivision shall be issued
by the applicable district, and shall include the truck license plate
number or other unique identifier, which may include, but is not
limited to, the cargo container number, the name of the marine
terminal and port at which the violation occurred, and the date and
time of the violation.
   (4) Any action taken by the marine terminal to assess, or seek
reimbursement from, the driver or owner of a truck for a violation of
this subdivision shall constitute a violation of Article 3
(commencing with Section 42400) of Chapter 4 of Part 4.
   (5) Any owner or operator of a marine terminal or port, or any
agent thereof, who takes any action intended to avoid or circumvent
the requirements of this subdivision or to avoid or circumvent the
reduction of emissions of particulate matter from idling or queuing
trucks is subject to a seven hundred fifty dollar ($750) fine per
vehicle per violation, including, but not limited to, either of the
following actions:
   (A) Diverting an idling or queuing truck to area freeways or
alternate staging areas, including, but not limited to, requiring a
truck to idle or queue inside the gate of a marine terminal.
   (B) Requiring or directing a truckdriver to turn on and off an
engine on a truck while that truck is idling or queuing.
   (6) The owner or operator of a marine terminal does not violate
this subdivision by causing a truck to idle or queue for more than 30
minutes while waiting to enter the gate into the marine terminal, if
the delay is caused by acts of God, strikes, or declared state and
federal emergencies, or if the district finds that an unavoidable or
unforeseeable event caused a truck to idle or queue and that the
terminal is in good faith compliance with this section.
   (7) Failure to pay a fine imposed pursuant to paragraph (1) or (5)
shall constitute a violation of Article 3 (commencing with Section
42400) of Chapter 4 of Part 4.
   (b) (1) Subdivision (a) does not apply to any marine terminal that
provides, as determined by the district, two continuous hours of
uninterrupted, fully staffed receiving and delivery gates two hours
prior to and after, peak commuter hours each day, at least five days
per week.
   (2) For the purposes of this subdivision, "peak commuter hours"
shall be those hours determined by the district, in consultation with
the owners and operators of the marine terminals within the
jurisdiction of each district and any labor union that is represented
at those marine terminals. The district shall notify the marine
terminals of the final determination of the peak commuter hours.
   (c) Subdivision (a) does not apply to any marine terminal that
operates fully staffed receiving and delivery gates for 65 hours,
five days per week, if that marine terminal is located at a port that
processes less than 3 million containers (20-foot equivalent units
(TEUs)) annually.
   (d) Subdivision (a) does not apply to any marine terminal that
operates fully staffed receiving and delivery gates for 70 hours,
five days per week, if that marine terminal is located at a port that
processes more than 3 million containers (20-foot equivalent units
(TEUs)) annually.
   (e) The district shall determine the necessary level of monitoring
and enforcement commensurate with the level of the truck idling or
queuing problem existing within its jurisdiction.
   (f) For the purposes of this section, "marine terminal" means a
facility that meets all of the following criteria:
   (1) Is located at a bay or harbor.
   (2) Is primarily used for loading or unloading containerized cargo
onto or off of a ship or marine vessel.
   (3) Contains one or more of the following:
   (A) Piers.
   (B) Wharves.
   (C) Slips.
   (D) Berths.
   (E) Quays.
   (4) Is located at a port that processes 100,000 or more containers
(20-foot equivalent units (TEUs)) annually.
   (g) Notwithstanding paragraph (1) of subdivision (a), if a marine
terminal implements a scheduling or appointment system for trucks to
enter the terminal, the terminal shall be subject to a fine pursuant
to subdivision (a) only for a truck that makes use of the system and
that idles or queues for more than 30 minutes while waiting to enter
the gate into the terminal, commencing from the start of the
appointment or the time the truck arrives, whichever is later. The
scheduling or appointment system shall meet all of the following
requirements:
   (1) Provide appointments on a first-come-first-served basis.
   (2) Provide appointments that last at least 60 minutes and are
continuously staggered throughout the day.
   (3) Not discriminate against any motor carrier that conducts
transactions at the marine terminal in scheduling appointments.
   (4) Not interfere with a double transaction once inside the gate.
   (5) Not turn away or fine a motor carrier if that motor carrier
misses an appointment.

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Last modified: March 17, 2014