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The Honolulu Advertiser
Updated at 5:44 a.m., Wednesday, October 1, 2008

Schwarzenegger vetoes port bill Palin, Lingle opposed

By SAMANTHA YOUNG
Associated Press Writer

SACRAMENTO (AP) — Gov. Arnold Schwarzenegger has vetoed legislation that would have imposed a pollution fee on cargo ships at California's ports, siding with Alaska Gov. Sarah Palin as well as Hawaii Gov. Linda Lingle.

The fee would have paid for clean-air programs but was opposed by Palin before she became the Republican vice presidential nominee. She asked Schwarzenegger in a letter dated the day before she was named Sen. John McCain's running mate to reject the bill, saying it would lead to higher costs on goods shipped to her state.

Schwarzenegger has endorsed McCain's presidential bid.

The bill by Democratic Sen. Alan Lowenthal would have imposed a fee of up to $60 for each 40-foot cargo container moving through the ports of Los Angeles, Long Beach and Oakland. The Southern California port complex is the nation's largest and handles more than 40 percent of the nation's goods; Oakland is the fourth busiest.

In a veto message issued late Tuesday night, the governor said he rejected the bill in part because it lacked accountability. He also said it failed to direct money to the Central Valley, which has some of the nation's dirtiest air and gets much of the truck traffic going to and from the ports.

"Given the current economic downturn, it is vitally important that the state does not worsen the situation by mandating added costs on business that do not provide any public benefit," Schwarzenegger said.

Schwarzenegger vetoed similar legislation two years ago over concerns a port fee would drive cargo ships to other states.

Lowenthal, of Long Beach, had modified his bill in hopes of winning Schwarzenegger's signature. Environmentalists had urged the governor to make good on his campaign promise to clean up the state's air.

It was among the last set of bills the governor acted on before a midnight constitutional deadline.

"I'm shocked," Lowenthal said after being told of the veto. "The governor is just wrong. He doesn't mention the thousands and thousands of people who are dying prematurely in southern California."

Supporters of the bill estimated the fee would bring in at least $300 million a year to fund programs that clean up the lingering smog at port communities. State air regulators say 3,700 premature deaths each year can be attributed to pollution at California's ports.

Alaska and Hawaii and a host of major retailers that import goods from Asia objected, arguing that the pollution charge would have raised consumer prices.

"Shipping costs have increased significantly with the rising price of fuel, and these higher costs are quickly passed onto Alaskans," Palin wrote in her Aug. 28 letter to Schwarzenegger. "This tax makes the situation worse."

Messages left during business hours with the governor's office in Alaska and the McCain campaign were not returned.

Hawaii Gov. Linda Lingle and the congressional delegations from Alaska and Hawaii also urged Schwarzenegger to oppose the fee because of the costs. They asked Schwarzenegger to modify the bill and exclude domestic commerce between U.S. ports.

Supporters say the fee could have been used to develop cleaner truck and train engines, build railroad overpasses to avoid traffic idling for long periods as trains pass and implement other programs that reduce diesel pollution.

"There's a lot of things that take money to be realized," said Martin Schlageter, campaign director at the Coalition for Clean Air. "The bottom line is you're turning your back on an opportunity to spend money to clean up the air."

Schwarzenegger said the legislation would have allowed ports to spend money with little state oversight.

"This bill does not provide necessary assurances that projects will achieve the greatest cost-effectiveness, emission reductions, and public health protection," Schwarzenegger said.

He also pointed to bonds approved by voters in 2006 that set aside $1 billion to improve air quality, $2.1 billion for infrastructure improvements to trade routes and $100 million for port security.

In his veto message, Schwarzenegger did not address the objections from Alaska or Hawaii. His communications director, Matt David, did not immediately respond to an inquiry about whether Palin's letter played any role in Schwarzenegger's veto decision.

Lowenthal accused the governor of seeking last-minute amendments to a bill he had praised the year before. He said the governor was "not paying attention" if he thought $1 billion would solve California's port pollution problems.

"The governor has really sold us out to the large business interests," Lowenthal said. "I will never work with the governor on this bill again. I will wait until there are people who honestly want to work with me on this bill."