BILL NUMBER: SB 1010 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 7, 2005
AMENDED IN SENATE APRIL 5, 2005
INTRODUCED BY Senator Florez
FEBRUARY 22, 2005
An act to add Section 10025 to the Public Utilities Code, relating
to rail service.
LEGISLATIVE COUNSEL'S DIGEST
SB 1010, as amended, Florez Rail service: City of Shafter.
Existing law authorizes municipal corporations to acquire,
construct, own, operate, or lease any public utility.
This bill would 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 that is a rail
carrier providing transportation 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 such a locomotive unit , or
other locomotives acquired or leased by the city, 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 rail carries seeking access to
specified tracks and facilities . The bill would authorize
the City of Shafter to establish a separate governing body for the
purpose of operating an intermodal rail facility and to
obtain financing as prescribed. The bill would require the City of
Shafter to use all revenues received from the operations of an
intermodal rail facility solely for public or municipal purposes, as
d efined.
The bill would require a freight railroad that owns or operates a
line in the state to prepare and submit a report on track utilization
and capacity to the Department of Transportation and the State Air
Resources Board, commencing on July 1, 2006, and annually thereafter.
The bill would require the department, on or before March 1, 2006,
to develop procedures to define and report track utilization and
capacity.
The bill would require the State Air Resources Board, on or before
July 1, 2006, to adopt regulations to require a railroad owning or
operating a line between the Port of Oakland and the City of Shafter
to contribute to the reduction of air pollution, as described.
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. (a) Rail carriers that own or operate
railroad 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 this state to encourage owners or
operators of rail lines with available unused capacity to permit the
use of these lines for international traffic that originates in, or
is destined for consumption, manufacturing, warehousing or other
value-added purposes within, the state, or to permit other rail
carriers to use the lines to move traffic via rail that would
otherwise move over highways, thus reducing congestion on the roads
and contributing to reductions in air and noise pollution.
(c) The public interest is served by arrangements as described in
subdivision (b).
SEC. 2. Section 10025 is added to the
Public Utilities Code , to read:
10025. (a) The City of Shafter is hereby authorized to do all of
the following:
(1) Use any locomotive units owned by or in the possession of the
state at times that those locomotive units are not in use for
commuter or intercity passenger rail or other regularly scheduled
rail service, to operate unit intermodal trains, whether loaded or
empty, or both, between the California Integrated Logistics Center
and the Port of Oakland.
(2) Enter into a contract with any railroad that is a rail carrier
providing transportation subject to the jurisdiction of the federal
Surface Transportation Board to permit that railroad to use the
locomotives described in paragraph (1), or other locomotives that the
City of Shafter may acquire or lease, for the purpose of operating
unit intermodal trains, whether loaded or empty, or both, between the
City of Shafter and the Port of Oakland, and between each of the
terminal facility points between Shafter and Oakland.
(3) Provide financial or any other form of support to any rail
carrier that seeks authority from the federal Surface Transportation
Board to do either of the following:
(A) To use, pursuant to Section 11102(a) of Title 49 of the United
States Code, the terminal facilities or main line tracks for a
reasonable distance outside of a terminal owned or operated by
another rail carrier.
(B) To otherwise seek authority to use tracks and facilities of
another rail carrier when the purpose of that application for
authority from the federal Surface Transportation Board is to secure
the ability to move intermodal unit trains, whether loaded or empty,
or both, between the City of Shafter and the Port of Oakland.
(4) Establish a separate governing body, in whichever form it
determines to be most appropriate, for the purpose of operating an
intermodal rail facility within the City of Shafter, and any
governing body so established shall be created, organized, and
maintained in a manner that complies with all applicable laws,
including, but not limited to, the charter amendment procedures
provided for under state law, as applicable.
(5) Obtain financing, or enter into other leases or contracts
relating to the financing, construction, operation, or use of an
intermodal rail facility. If required, the City of Shafter may take
reasonable steps, including, but not limited to, the pursuit of
charter amendments or other authorization under law, to obtain that
financing or to enter into contracts necessary for the financing,
construction, operation, or use of an intermodal rail facility.
(b) The City of Shafter shall use all revenues received from the
operations of an intermodal rail facility as described in subdivision
(a) above, if any, solely for public or municipal purposes. As used
in this subdivision, "public or municipal purposes" means any purpose
that the legislative body of the City of Shafter determines to be
for the benefit of the operation and development of the intermodal
rail facility, the citizenry of the City of Shafter as a whole, or
the City of Shafter in its capacity as a municipal corporation.
(c) A freight railroad that owns or operates a line in the state
shall prepare and submit to the Department of Transportation and the
State Air Resources Board, on or before July 1, 2006, and annually on
or before July 1 thereafter, a report on track utilization and
capacity to provide data to be used for the regulation of air
pollution and other purposes within the authority of the Department
of Transportation and the State Air Resources Board. On or before
March 1, 2006, Department of Transportation shall develop procedures
to define and report track utilization and capacity.
(d) On or before July 1, 2006, the State Air Resources Board shall
adopt regulations pursuant to Section 39601 of the Health and Safety
Code to require a railroad owning or operating a line between the
Port of Oakland and the City of Shafter to contribute to the
reduction of air pollution, allowing for the increased use of rail
lines along this corridor to transport intermodal trains, whether
loaded or empty, or both, between the Port of Oakland and the City of
Shafter, and between each of the terminal facility points between
Shafter and Oakland, to supplant existing truck traffic, as
authorized by Sections 110 and 116 of the federal Clean Air Act (42
U.S.C. Secs. 7410 and 7416).
(e) This section shall be effective notwithstanding any other
provision of law and to the extent permissible under federal law.
This section does not authorize the State Air Resources Board to
adopt any regulation that is within the scope of preemption
established in Section 209(e) of the federal Clean Air Act (42 U.S.C.
Sec. 7543(e)) and Section 85.1603 of Title 40 of the Code of Federal
Regulations.
(f) If any provision of this section or the application thereof to
any person or circumstance is held invalid, it is the intent of the
Legislature that the invalidity not affect other provisions or
applications of the section that can be given effect without the
invalid provision or application, and to this end the provisions of
this section are severable.
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.