Item 6d Exh C

t    \ I 1 f It I?,  i ' ( k i <
November 11,2008
PCLEAN
TO:     Port of Seattle Commission            LC SAFE
FROM:   Heather Weiner, Coalition for Clean & Safe Ports
RE:       Public Testimony
PORTS
We could have a win-win situation at the Port of Seattle: green jobs, clean air, safer
working conditions, and increased drayage efficiency. The Port of Los Angeles's Clean
Truck Plan is a successful model that the Port of Seattle can, and should, adopt.
Instead of seriously considering the Port of Los Angeles model, Port of Seattle staff are
inanipulating the outcome. We urge the Port of Seattle coinmission to direct the staff to
seriously consider the economic factors driving deadly truck-generated diesel pollution in
King County. Based on the experiences of the Ports of Los Angeles, Long Beach,
Oakland and Vancouver, we believe that an objective economic analysis would find the
Port staffs current strategy doomed to failure or, at best, would require the Port of Seattle
and King County taxpayers to permanently subsidize the truclung industry to meet our
clean air goals.
As elected officials, you should know that the process followed by your staff has been
anything but objective. We reviewed hundreds of records provided by partially filled
public disclosure requests. It is clear that the Port of Seattle's staff are activelyworking
behind the scenes to organize industry opposition to the adoption of the LA Clean Truck
Plan in the Northwest. We have dozens of emails showing that your staff are aggressively
pushing a scheme that will place the costs and responsibilitiesof clean air onto the backs
of some of the Port's poorest workers- hundreds of misclassified tnlck dnvers.
Consider a few examples:
1. Port of Seattle staff held at least two closed door meetings (on September 15
and October 10) to dscuss a clean truck plan with at least a dozen corporate
representatives from trucking, shipping, expediters, and terminal industries. No truck
drivers, no labor unions, no environmental groups, no community organizations, no
hea1,th groups, and no neighborhood associations were in attendance. In fact, the meetings
were held in the port'scafeteria, so attendees didn'thave to sign in. (See attached email
911 1/08)
2. Port of Seattle staff named this group the "Clean Air Prosperity Partnership."
Staff distributed drafts of the clean truck plan to the industry groups with strict
instructions not to share them. Not surprisingly the draft plan would shield profiting
corporations and place the costs and responsibilities of a clean truck plan onto the
workers. (See attached draft 911 2/08)
3. In September, Port of Seattle staff and terminal operators conducted a truck
driver survey at the gates. This time Port of Seattle staff told us they could not share a
draft of the survey with our staff because "If we share a draft with you we will have to

share it with everyone." However, our public disclosure request reveals that the same
Port of Seattle staffers sought out and incorporated feedback from trucking corporations
such as MacMillan Piper, Roadlink, Western Ports and others. (See attached email
9118/08)
4. In September, Port of Seattle staff made a special effort to contact Home
Depot, part of the California Coalition for Responsible Transportation, to obtain Home
Depot's sign off and support for the Port of Seattle's cleantruck plan. The Coalition for
Responsible Transportation is the group that tried, and failed, to stop the Clean Truck
Plan now in place at the Port of Los Angeles. (See attached email 9/19/08)
Port of Seattle staff then planned the following expedited schedule to, force through their
plan: .
Release draft plan on 1 114 (election day)
Brief Port Commission on 11111
Public comment deadline on 11/18
Port Commission vote to approve the plan 1212
While we appreciate that the new process proposed today is an improvement,
unfortunately, the newly proposed public stakeholder group process does not include
actual drivers, is dominated by industry representatives, and the decision matrix is
weighted in favor of corporate interests. As our elected officials, the Port of Seattle's
Commissioners have a duty to step in and clean up the staffsmisguided truck plan and
the decision-making processes around that plan.

For more information, please contact me at:
Heather Weiner
Coalition for Clean & Safe Ports

* .
Flagg, Sarah
Subject:            FW: Clean Air ProsperityPartnership Meeting 1
Locatlon:           Port of Seattle, Pier 69, 2711 Alaskan Way
I      Start:              Mon 911 512008 1:00 PM
End:            Mon 9/1512008 3:30 PM
Recurrence:         (none)
I      Meeting Status:       Accepted
1           Requlred Attendees:       'Steve Hanses'; mark.knudsen@ssamarine.com;'Lee MacGregor'; Flagg, Sarah
When: Monday, September 15, 2008 l:00 PM-3:30 PM (GMT-08:OO) Pacifc Time (US & Canada).
Where: Port of Seattle, Pier 69,2711 Alaskan Way

Hi Mark,
Tay asked that we invite you to this meeting. Steve was planning to go, but you are certainly welcome to come instead. We
are definitely holding a seat for T-18. Just let me know which one of you will be coming.
Thanks a lot,
I           Linda

From: Styrk, Linda
Sent:  'Thursday, September 11,2008 8:46 AM
To: Styrk, Linda; Flagg, Sarah; 'ken@premiertransport.net';'Kent Christopher'; 'Garber, Kelly J'; 'Lee MacGregor';
'paul.weisdepp@ssamarine.com';'Rick Blackmore- TTI'; 'Dennis.Gustin@bnsf.com';'Deron.Amans@bnsf.coml;
'cebabers@up.com'; 'Shaun Kim'; 'max@HLCL.com'; 'Jan.Koslosky@OceanBeauty.com*;Laura Daniels;
'rick.catalani@expeditors.com*;'chris.ratliff@maersk.com';'annegood@u.washington.edu*
Cc: Grotheer, Wayne; 'Mike Claudio'
Subject:   Clean Air Prosperity Partnership Meeting 1
When: Monday, September 15, 2008 1:00 PM-3:30 PM (GMT-08:OO) Pacific Time (US & Canada).
Where: Port of Seattle, Pier 69,2711 Alaskan Way
Good Morning,
We look fotward to your participationin our newly formed group to be known as the Clean Air Prosperity Partnership. The
initial meeting dates are now confirmed as Monday Sept 15, 1:00-3:30pm and Friday Oct 10,9:00-11:30am. Parking Is
available in the Bell Street Garage (enter on Wall Street, between Western & Alaskan Way) and tickets can be validated
by our Lobby Receptionist upon request. If needed, our main number is 206-728-3000. Refreshments will be provided.
See you soon,
Sarah Flagg & Linda Styrk
We want to update you on our Clean Truck Program development and formation of a Clean Air Prosperity Partnership.
After many meetings with key staff and the core Truck Stakeholder Group, we finally have a DRAFT Clean Truck Plan we
believe supports our Northwest Ports Clean Air Strategy (NPCAS) and maintains our seaport vitality. We recognize our
Clean Truck Plan affects other business stakeholders involved in container drayage tolfrom our marine terminals, and
success will depend on support from those "paying the bills". To increase understanding and feedback regarding the
NPCAS and affects of the Clean Truck Plan, we are forming the Clean Air Prosperity Partnership(CAPP). This
representativegroup of key business stakeholders allows us to partner in support of cleaner trucks and increased
efficiencies in the entire container drayage system. Sarah & I are finalizing the CAPP participant list now and have blocked
meeting time at the Port (Pier 69) listed below. The purpose of these meetings is to provide our container partners an
opportunity to review and contributefeedback to our Clean Truck Program prior to finalization.
The CAPP is composed if two representatives from each business group, our terminal operators (marine & rail) and a
meeting facilitator. We hope you will make this a priority and look forward to your participation. If you are unable to attend.
please send an appropriate replacement. We intend to convene two meetings of the CAPP: the first meeting on Mon 9115
1-3:30 (or Fr 9/19 9am-12)and the second meeting on Mon 1016 1-3:30pm (or Fr 10/10 1-3:30pm). Hopefully, the Monday
meeting dates are workable....please confirm, thanks.
Clean Air ProsperityPartnership (CAPP) Composition:

2 Pcrt Staff (Sarah Flagg & Linda Styrk)
,  2 Trucking Companies
2 Independent Drivers
4 Port of Seattle Marine Terminal Operators (5, 18,25 & 46)
2 Rail Terminal Operators (BNSF SIG & UP Argo)
2 Ocean Carriers
2 Shippers
2 3PUBrokers/Forwarders
1 Meeting Facilitator
Linda Styrk & Sarah Flagg
206-728-3873 & 206-728-3249

Port of Seattle
Clean Truck Program Recommendation
9/12/2008
DRAFT NOT FOR DISTRIBUTION
FOR DISCUSSION PURPOSES ONLY

Developed By:
Sarah Flagg, Environmental Management Specialist I1
Linda Styrk, Director Container Marketing

Key Assumptions
Fee Free
Keep it simple
Balance business and environmental needs
Give the industry time to adjust and adopt performance measures
Focus on 2010 performance measure
lncentives for early adoption
Start with incentives to encourage early adoption, implement ban starting 12/31/2010 for
non-compliant trucks (1993 and older)
Incentive Program for Early Adoption
1/1/2009 - 12/31/2010
lncentives for early adoption to encourage early fleet turnover and get cleaner air sooner
Special gates for trucks meeting the 20 10 performance measure
o Need to confirm feasibility of special gate lanes with terminal operators
o Need to address potential congestion impacts at regular gates lanes
Provide financial incentive of $5 per dray. Incentive to be modeled after Green Flag
Program and will use RFlD to veriQ truck status
o Need to estimate funding needed
o Need to identi@and confirm funding sources
$578,035 for expansion of RFTD system will support verification process ($500k grant)
lncentives to be tied to outside funding, not Port funding
By providing financial incentives and special gates, we are changing the way the goods
movement system values a "clean" truck. This will not be an overnight change, but very
incremental and will require Port support (financial and at all levels of marketinghusiness
relationships). This will position the Port as a catalyst for early emission improvements.

Recent POLA Promsal
Under a second financial incentive, a concessionaire can receive a yearly cash payment of$10
per dray for Clean Truck Tariff-eligible drays in and out ofthe port for all enrolled,
privately funded EPA 2007-compliant trucks. To be eligible for this incentive, the truck would
have to at least 600 drays during the year at the San Pedro Bay ports with at least half of them
at the Port of Los Angeles. The $ I0 per dray incentive will o~ilyapply to those containers drayed
from the Los Angeles port. The per-truck limit for the per dray incentive program will be
$10,000 yearly, with funding available for a year beginning Oct. 1.
Financial Assistance
Rather than providing direct finding assistance (except for obligations under the CSS EPA grant
proposal) the Port wi I1 faciiitate providing financial assistance options to the drayage truckers.
Cascade Sierra Solutions to provide reconditioned trucks through long term, low-interest loan
and lease programs.
Fonn partnerships with institutions with ShoreBank Enterprise Cascadia to provide lower
interest, longer term financing options (micmfinancing).
Work with truck manufacturers (Paccar, International, Freightliner, etc.) to pmvide
pmferential pricing and long term, low interest loans for Port program participants
Work with financial and agency partners to develop a grant prograrn/assistance to new or
struggling truckers after program becomes mandatory.
Port financial incentives will expire on 1Y31/2010when the program becomes mandate.
Effective 1/1/11, port drayage companies/driversdoing business at Port terminals will be
expected to meet compliance requirementsat their own expense.
Truck Ban to Begin 12/31/2010
Unless the state implements an equitable,state-wide regulation of in-use emission standards for
all heavy-duty diesel trucks, the Port will ban non-compliant trucks from operating on marine
terminals under RCW 53.08.220. All trucks must be registered with eModa1 and have an RFID
tag to det.crm*mcompliance status when doing business at Port terminals.
RCW 53.08.220:
A port district may formulate all needful regulations for the use by tenants, . ..licensees,
invitees, suppliers, ...shippers, business visitors, and members of the general public of
any properties or facilities owned or operated by it, and request the adoption, amendment,
or repeal of such regulations as part of the ordinancesof the city or town in which such
properties or facilitiesare situated....

From:         9x1k. Lln&
To:            LVoIf, CIX l5tltE
Bcc:           LYuIf, Ctlr~st~nc
Subject:        Fw: DRAFT 2008 Driver Survey
Data:         Thursday, September 18, 2008 10:58:22 AM

FYI
From: Suzanne 1-illey
To: Styrk, Linda
Sent: Thu Sep 18 11:39:12 2008
Subject: Re: DRAFT 2008 Driver Survey
Hi Linda.
I just have a couple of comments on the survey. (By the way, I think it's worded very clearly.)
Our drivers record their drays one way -- from point A to point B -- rather than roundtrip because they
don't have clear cut round trips. For instance, a driver will pick up a load at our Airport Way facility,
take it to T46, bobtail to T18, pick up an empty and take it to our 6th & Holgate facility. So I'm not sure
if it would be better to ask drivers the number of drays or the number of roundtrips.
On question #17, our drivers are paid a percentage of the dray rate, rather than by the mile. Right
now, we are paying 33% for drays under 100 miles and 37% for drays 100 miles and over. I know you
need an actual dollar amount so you have data for comparison, but you may get some erratic math
from this question.
On question #20 about monthly truck payments, you might want to give them a space to indicate if the
truck is paid off already.
I think the survey looks good and is pretty comprehensive.
Thanks
Suzanne Tilley
MacMillan-Piper,Inc.
~tillev@macpiger.com
206-624-5135
----- Original Message -----
From: Styrk. Linda
To: m l a G & e m m
Sent: Thursday, September 18, 2008 8:32 AM
Subject: FW: DRAFT 2008 Driver Survey

From: Styrk, Linda
Sent: Friday, September 12, 2008 6:22 PM
To: Ken Collins; 'Kent Christopher'; Dan Gatchet; r ~ ~ ~ a u l , c o m ;b r v a n b o e h r n ~ - ~ l l ~ ;dh~ll@ps~-
i~~tl,c~m
subject DRAFT 2008 Driver Survey

As you know we plan to do another driver survey to better understand our trucking community and
see how things have changed since our last survey in 2006. We intend to distribute the survey during
the Port hosted trucker appreciation the morning of Monday Sept 22 (Steve Queen will be
communicating more on that). We will distribute surveys as drivers enter security and collect at out
gate security (if completed) or provide self-adressed stamped envelopefor confidential mailing back
to the Port.
The questions are final now, however I wanted to request your assistance in reviewing the
attached for readabililty:
Do you think drivers will understand the questions?
Do you think they will be able to respond to all the questions?
Are we using any terms that may be unfamiliarlawkward to drivers?
If there are any questions worded awkwardly, can you suggest an improvement?
Thanks alot for your support!
Linda
PS: Please do not distribute as this is a DRAFT and have not yet received FINAL blessing for POS
leadership. Thanks.

From:         5tv1k, L11;da
TO:          &rotllc-,t?r..AJsu
k c :         Grott~eer.Wavne
Subject:        RE: truck plan & Coalition for Responsible Transportabon
Date:         Friday, September 19, 2008 11:41:02 AM


From: Grotheer, Wayne
Sent: Friday, September 19, 2008 11:26AM
To: Styrk, Linda; Flagg, Sarah
Subject: RE: truck plan & Coalition for Responsible Transportation
I agree & sorry for slow response. I will contact re interest in plan generally & for CRT interest in non-
SoCal issues & leave at that for now.

Wayne
From: Styrk, Linda
Sent: Thursday, September 18, 2008 7:47 AM
To: Grotheer, Wayne; Flagg, Sarah
Subject: RE: truck plan & Coalition for ResponsibleTransportation
Hi Wayne,
We have relationships with most the CRT members (except Southern Counties Express & Dunavant)
as most are also active members with RILA, The Waterfront Coalition and attend many of the our trade
events. You can certainly test interest with your contact at Home Depot, but would recommend we put
together a coordinated outreach effort before soliciting MOA signatories to the broader industry group.
Your thoughts?
Linda

From: Grotheer, Wayne
Sent: Thursday, September 18, 2008 7:30 AM
To: Styrk, Linda; Flagg, Sarah
Subject: truck plan & Coalition for Responsible Transportation
As I think I mentioned, I met the Home Depot rep for this group at the Expeditors conference this
spring. From their website, the group is obviously still in force for SoCal. I want to contact them re our
truck plan & solicit their support and possible participation in an MOA but wanted to check wlyou both
first.

Wayne

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