DATE: November 14, 2023
SUBJECT:
Title
ADOPT AN ORDINANCE FINDING THE BOARD ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING BUT NOT LIMITED TO, CEQA GUIDELINES SECTIONS 15301, 15303, AND 15304, AND GRANTING A TWENTY (20) YEAR EASEMENT TO SAN DIEGO GAS & ELECTRIC FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF UNDERGROUND AND ABOVEGROUND ELECTRICAL FACILITIES IN CONNECTION WITH THE NATIONAL CITY MARINE TERMINAL SHORE POWER PROJECT IN THE CITY OF NATIONAL CITY, CALIFORNIA
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EXECUTIVE SUMMARY:
District staff and San Diego Gas & Electric (SDG&E) have negotiated a new twenty (20) year easement (see Attachment A - Shore Power Easement) for the installation, operation and maintenance of underground and aboveground electrical facilities (collectively, “Shore Power Infrastructure”) on District tidelands located on 32nd Street in National City (see Attachment B - Location Map).
SDG&E requires a Shore Power Easement for the installation, operation and maintenance of Shore Power Infrastructure in connection with the Shore Power Installation at National City Marine Terminal Berths 24-10 and 11 (Project). The Project is part of the District’s effort to comply with the forthcoming California Air Resources Board (CARB) at-berth regulations which require roll-on/roll-off vessels calling on California ports to plug into a grid-based shore power system or use other emission-mitigating technology to reduce harmful emissions. The Shore Power Easement would allow SDG&E to facilitate the installation of Shore Power Infrastructure in support of the Project.
Staff recommends the Board of Port Commissioners (Board) grant a twenty (20) year Shore Power Easement to SDG&E for the installation, operation and maintenance of Shore Power Infrastructure to provide a safe and reliable power supply in connection with the Project.
RECOMMENDATION:
Recommendation
Adopt an Ordinance finding the Board action exempt under the California Environmental Quality Act (CEQA), including but not limited to, CEQA Guidelines Sections 15301, 15303, and 15304, and granting a twenty (20) year easement to San Diego Gas & Electric for the installation, operation and maintenance of underground and aboveground electrical facilities in connection with the National City Marine Terminal Shore Power Project in the City of National City, California.
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FISCAL IMPACT:
This Board action has no fiscal impact.
Compass Strategic Goals:
This agenda item supports the following Strategic Goals:
• A thriving and modern maritime seaport; and
• A Port with a healthy and sustainable bay and its environment.
DISCUSSION:
The Project aims to support the District’s effort to comply with CARB requirements by January 1, 2025, which requires roll-on/roll-off vessels calling on California Ports to plug into a grid-based shore power system or use other emission-mitigating technology to reduce air pollution from vessels while at berth. Shore power is a system that allows vessels to connect to an electrical power source when docked or anchored at a port thereby allowing the vessel to shut down its onboard diesel generators.
In April 2023, the Board approved funding, plans and specifications for the Project (Resolution No. 2023-034). In furtherance of the Project, the District is responsible to install a portion of the Shore Power Infrastructure, and SDG&E requires the Shore Power Easement to facilitate the installation of the remaining portion of Shore Power Infrastructure to provide utility service for the Project. Staff and SDG&E have negotiated the new twenty (20) year Shore Power Easement for the installation, operation and maintenance of Shore Power Infrastructure for the transmission and distribution of electricity and related public utility purposes to be located on 32nd Street in National City.
The Shore Power Easement would support the Project by providing the necessary Shore Power Infrastructure needed for the Project. The Project will help the District improve air quality and reduce diesel particulate matter and greenhouse gas emissions. Furthermore, the Project will help achieve a goal identified in the Maritime Clean Air Strategy (MCAS), specifically Ocean-Going Vessels At-Berth Objective 2B, which requires the addition of a new shore power system with at least two plugs and/or alternative technology that reduces ocean-going vessel emissions at berth by 2025 at the National City Marine Terminal.
In light of the foregoing, District staff recommends the Board grant SDG&E a Shore Power Easement in substantial form of Attachment A to this Agenda for the installation, operation and maintenance of Shore Power Infrastructure to provide a safe and reliable power supply in connection with the Project.
General Counsel’s Comments:
The Office of the General Counsel has reviewed this agenda and the attachments as presented to it and approves the same as to form and legality.
Environmental Review:
The proposed Board action, including without limitation, ordinance granting a twenty (20) year easement to SDG&E for the installation, operation, and maintenance of Shore Power Infrastructure in connection with the Project in the city of National City, California, is categorically exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15304 (Minor Alterations to Land); and 3.a.(7), 3.c.(2)(3), and 3.d.(7) of the District’s Guidelines for Compliance with CEQA. The project is categorically exempt because the project would consist of minor construction resulting in the minor alteration of existing public utility service, the installation of small new equipment, and minor alterations to land without removal of mature, scenic trees. The District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). The proposed SDG&E easement and associated infrastructure are necessary to implement the approved NCMT Electrification Project (Project No. 2021-077). Categorical exemptions under the California Environmental Quality Act were previously approved for the NCMT Electrification Project on July 6, 2021.
The proposed Board action complies with Section 87.(a)(4) of the Port Act, which allows for the construction, reconstruction, repair, and maintenance of highways, streets, roadways, bridges, belt line railroads, parking facilities, power, telephone, telegraph or cable lines or landings, water and gas pipelines, and all other transportation and utility facilities or betterments incidental, necessary, or convenient for the promotion and accommodation of any of the uses set forth in this section. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed project is consistent with the Public Trust Doctrine.
The proposed Board action is considered excluded development pursuant to Sections 8.a. (Existing Facilities), 8.c. (New Construction or Conversion of Small Structures), and 8.d. (Minor Alterations to Land) of the District’s Coastal Development Permit Regulations because the project would involve a minor alteration of existing public utility service, consist of the installation of small structures and equipment, and result in minor alterations to land without removal of mature, scenic trees. If the Board approves this action, District staff would notify California Coastal Commission (CCC) staff in accordance with Coastal Act Section 30717. The approval would become effective after the 10th working day after notification to CCC staff unless an appeal is filed with the CCC within that time frame. As noted above, the proposed SDG&E easement and associated infrastructure are necessary to implement the approved NCMT Electrification Project (Project No. 2021-077). Categorical exclusions under the Coastal Act were previously approved for the NCMT Electrification Project on July 6, 2021.
Diversity, Equity, and Inclusion Program:
This agenda sheet has no direct DEI impact on District workforce or contract reporting at this time.
PREPARED BY:
Michael Cena
Asset Manager, Real Estate
Attachment(s):
Attachment A: Shore Power Easement
Attachment B: Location Map