BILL NUMBER: SB 1010	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 5, 2005

INTRODUCED BY   Senator Florez

                        FEBRUARY 22, 2005

   An act to  amend Section 7701 of   add
Section 10025 to  the Public Utilities Code, relating to rail
service  assistance  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1010, as amended, Florez.  Rail service  assistance:
state rail plan  : City of Shafter  .
   Existing law  makes the Department of Transportation, in
cooperation with the Public Utilities Commission, responsible for the
preparation and periodic update of the state rail plan 
 authorizes municipal corporations to acquire, construct, own,
operate, or lease any public utility  .
   This bill would  make the department, in cooperation with
the commission, responsible for the preparation and regular update of
the state rail plan   authorize the City of Shafter to
use certain locomotive units owned by or in the possession of the
state, to operate unit intermodal railroad   service between
the City of Shafter and the Port of Oakland. The bill would
authorize the City of Shafter to contract with a railroad, railroad
corporation, owner, or operator of a rail line, that is engaged in
the business of transporting passengers and freight and subject to
the jurisdiction of the federal Surface Transportation Board, to
permit that railroad, railroad corporation, owner, or operator of a
rail line, to operate a locomotive unit to provide intermodal
railroad service between the City of Shafter and the Port of Oakland
and to provide financial or other support for this purpose  .

   The bill would declare that, due to the special circumstances
applicable only to the City of Shafter, a general statute cannot be
made applicable within the meaning of Section 16 of Article IV of the
California Constitution, and the enactment of a special statute is
therefore necessary. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 7701 of the  Public Utilities Code  is amended
to read:
   7701.  The Department of Transportation, in cooperation with the
commission and other affected state and local agencies, shall be
responsible for the preparation and regular update of the state rail
plan required by the act.   
  SECTION 1.  The Legislature finds and declares all of the
following:  
   (a) Railroads that own or operate lines in the state may have
sufficient available unused capacity on those lines to permit the
movement of additional trains or traffic over those lines without
unreasonably interfering with the ability of the owner or operator to
provide safe and efficient service to its existing customers. 

   (b) It is the policy of the state to encourage owners or operators
of rail lines with available unused capacity to permit other
railroads to use those lines to move freight and passengers that
would otherwise be moved over the state's streets and highways, thus
reducing congestion on the roads and highways and reducing air and
noise pollution.  
   (c) The public interest is served by arrangements whereby
railroads that own or operate rail lines with available unused
capacity permit other railroads to use those lines to move freight
and passengers that would otherwise be moved over the state's streets
and highways.
  SEC. 2.  Section 10025 is added to the Public Utilities Code, to
read:
   10025.  (a) The City of Shafter may use any locomotive units owned
by or in the possession of the State of California at times that the
locomotive units are not in use for commuter or intercity passenger
rail or other regularly scheduled rail service, to operate unit
intermodal railroad service between the City of Shafter and the Port
of Oakland.
   (b) The City of Shafter may contract with a railroad, railroad
corporation, owner, or operator of a rail line, that is engaged in
the business of transporting passengers and freight and subject to
the jurisdiction of the federal Surface Transportation Board, to
permit that railroad, railroad corporation, owner, or operator of a
rail line, to operate a locomotive unit pursuant to subdivision (a).

   (c) The City of Shafter may provide financial or other support to
a railroad, railroad corporation, owner, or operator of a rail line
engaged in the business of transporting passengers and freight and
subject to the jurisdiction of the federal Surface Transportation
Board, that seeks authority from the board to operate a locomotive
unit pursuant to subdivision (b), including the authority to
reasonably operate the locomotive unit over rail lines owned or
operated by another.
  SEC. 3.  The Legislature finds and declares that, because of the
unique circumstances applicable only to the City of Shafter, a
statute of general applicability cannot be enacted within the meaning
of subdivision (b) of Section 16 of Article IV of the California
Constitution. Because of its proximity to agricultural production,
proximity to import and export distribution locations, and existing
rail line infrastructure, the City of Shafter is uniquely situated to
provide integrated logistical railroad service to serve both
domestic and international needs in a manner that will relieve
congestion in the state's harbors and on its highways. Therefore,
this special statute is necessary.