Ports Adv. CP - Amend Shipping Act Amending the Shipping Act solves port infrastructure investment.
Cook, Fordham Law School J.D. candidate, ’10
(Christopher T., “Funding Port-Related Infrastructure and Development; The Current Debate and Proposed Reform,” Fordham Urban Law Journal, 38.5, 2010, http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2380&context=ulj&sei-redir=1&referer=http%3A%2F%2Fscholar.google.com%2Fscholar%3Fq%3D%2522national%2Binfrastructure%2Bbank%2522%26btnG%3D%26hl%3Den%26as_sdt%3D0%252C11%26as_ylo%3D2008#search=%22national%20infrastructure%20bank%22, A.D. 6/26/12, JTF)
Port authorities have not openly considered the imposition of a cargo-based fee on Port Users since 2008. 283 Prior to March 2011, no port authority had implemented this type of fee structure to fund port-related infrastructure and development projects. 284 The FMC has followed the instruction and guidance provided by courts in analyzing whether particular fees are permissible under the Shipping Act. 285 Given that the cargo-based fees as proposed or implemented by the three largest U.S. container ports do not have the express consent of Congress, they are vulnerable to challenge under the Shipping Act and Tonnage Clause. 286 In fact, on August 5, 2011, nine shipping lines challenged PANYNJ’s Cargo Facility Charge as a violation of the Shipping Act’s prohibition on unreasonable and discriminatory practices. 287
As discussed above, federal, state, and industry actors agree that investments in infrastructure and development are critical to the future competitive position of the United States. 288 The concerns expressed by stakeholders can best be mitigated through an amendment to the Shipping Act expressly providing port authorities with the power to assess cargo-based fees on Port Users for qualifying transportation projects, environmental initiatives, and port security measures. 289
Under this amendment, fees would be assessed and collected directly by port authorities and may be assessed on any individual in the supply chain (i.e., shipper, trucker, marine terminal operator, or beneficial cargo owner) at the discretion of the port authority. 290 This amendment would allow port authorities broad power to incorporate fees into their current business model in a flexible and seamless manner.
Amend Shipping Act – Public/Private Partnerships Amending the Shipping Act doesn’t foreclose private-public ventures.
Cook, Fordham Law School J.D. candidate, ’10
(Christopher T., “Funding Port-Related Infrastructure and Development; The Current Debate and Proposed Reform,” Fordham Urban Law Journal, 38.5, 2010, http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2380&context=ulj&sei-redir=1&referer=http%3A%2F%2Fscholar.google.com%2Fscholar%3Fq%3D%2522national%2Binfrastructure%2Bbank%2522%26btnG%3D%26hl%3Den%26as_sdt%3D0%252C11%26as_ylo%3D2008#search=%22national%20infrastructure%20bank%22)
Finally, the proposed amendment would not preclude the ability of port authorities to form private-public ventures to generate funding and develop infrastructure. The amendment would provide port authorities with complete discretion as to whether the fees should be assessed at all. 306 The amendment would only provide port authorities with Congress’ express authority to impose fees within reasonable parameters established by the amendment and the Constitution’s Export Clause. 307 In this way, port authorities could modernize the way goods are transported through U.S. ports with the requisite flexibility and authority to maximize the benefits for all stakeholders and shareholders.
Energy Infrastructure Bank CP Solves Climate and Economy National Infratructure Bank for Energy Key to climate mitigation—electricity grid, renewable energy and jumpstarts economy
Kahn, Ph.D and Senior Investment Analyst, et al. 8
(Bruce, Mark Fulton, Managing Director Global Head of Climate Change Investment Research New York, Mark Dominik, Brunswick, Vice President and Senior Research Analyst, Lucy Cotter, DB Climate Change Advisors, Research Analyst, Emily Soong, DB Advisors, Research Analyst, Jake Baker, DB Advisors, Research Analyst, November 2008, DB Advisors, “Economic Stimulus: The Case for ‘Green’ Infrastructure, Energy Security and ‘Green’ Jobs,” http://utahcleanenergy.org/files/u1/Economic_Stimulus_and_Green_Infrastructure.pdf, p. 14, Date Accessed: 6/29/2012, JS)
In order to mitigate climate change, the power generation landscape will need to shift, and current generation practices will need to be made more efficient. It is expected that over the few decades, large investments of capital will be deployed into power generating infrastructure, including coal with carbon capture and storage (CCS), nuclear, wind, and other renewables. The current electricity grid suffers from inefficiency, disrepair and capacity constraints. According to a Sandia National Laboratory report, around $150 billion is lost each year from power outages and disturbance. 4 This trend is set to be exacerbated as electric power demand increases. Revolutionary developments in information technology, materials science and engineering present the potential for significant improvements in the security, reliability, efficiency and cost effectiveness of the transmission system. New Energy Finance estimates that in the US alone, $450 billion will be needed over the next 15 years to modernize the electric power grid. Investment opportunities exist throughout the value chain. As a way to jumpstart economic activity, critical investments in the electric power grid could be brought forward under the ægis of the National Infrastructure Bank. These investments can be used to prepare the electric power grid for the scale-up of renewable energy, as detailed below. A. Creating a smart grid Digitizing and automating the electric power grid could greatly reduce wastage, carbon emissions and cost. A smartgrid would deploy networks, microprocessors and digital sensing technologies to create a web of hi-tech components that would communicate with each other to accomplish real-time balancing of energy and production. There are many benefits of the smart grid of ‘tomorrow’ in comparison to the system of ‘yesterday’ – most importantly, reduced wastage and lower carbon emissions. See exhibit 9.
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