(a) Upon appropriation by the Legislature, GO-Biz shall establish the California Containerized Ports Interoperability Grant Program pursuant to this article.

(b) Upon appropriation by the Legislature, GO-Biz is authorized to provide grants pursuant to this article. GO-Biz shall award grants and determine grant amounts based on the following criteria:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(1) (A) The applicant agrees to reach a memorandum of understanding (MOU) with all other grantees on or before May 1, 2023, that defines how they will work to help achieve real-time interoperability among the containerized ports in California. GO-Biz shall withhold the disbursement of one-half of each successful applicant’s grant funding until after an MOU is reached. No later than 30 days after an MOU has been reached, GO-Biz shall report to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee that a port data interoperability agreement has been reached.

(B) Notwithstanding any other law, if an individual applicant does not reach a Memorandum of Understanding with all other grantees by May 1, 2023, the applicant shall return the funds to GO-Biz and GO-Biz shall revert the funds to the General Fund.

(2) Grant funding allocations to each applicant shall be considered based on demonstrated data system needs and key performance metrics, including, but not limited to, historical container volumes.

(3) Grant funding shall not be used by a grantee to support a system that would, in any way, track or monitor labor, including, but not limited to, productivity metrics, or a system that would infringe on a collective bargaining agreement or workers’ right to collectively bargain.

(c) Grant funding shall only be used to support operations of computerized and cloud-based data systems that are necessary to achieve interoperability.

(d) (1) On or before January 1, 2024, GO-Biz shall report to the Legislature, pursuant to Section 9795, information on awarded grants, a project description of each grant award, available information on data system enhancements or other project outcomes, and the implementation status of the MOU.

(2) On or before January 1, 2026, GO-Biz shall provide a final report to the Legislature, pursuant to Section 9795, describing the final results of the program.

(e)  This article shall remain in effect only until January 1, 2026, and as of that date is repealed.

(Added by Stats. 2022, Ch. 68, Sec. 25. (SB 193) Effective June 30, 2022. Repealed as of January 1, 2026, by its own provisions. Note: Repeal affects Article 12, commencing with 12100.130.)