BILL NUMBER: SB 1010 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 23, 2006
AMENDED IN SENATE JANUARY 4, 2006
AMENDED IN SENATE SEPTEMBER 7, 2005
AMENDED IN SENATE APRIL 5, 2005
INTRODUCED BY Senator Florez
FEBRUARY 22, 2005
An act to add Sections 7665 and 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. For these
purposes, "public utility " is defined as
including the transportation of persons or property.
This bill would authorize the City of Shafter to establish a
separate governing body for the purpose of operating an intermodal
rail facility within the City of Shafter and to obtain financing, or
enter into other leases or contracts relating to the financing,
construction, operation, or use of an intermodal rail facility ,
subject to certain conditions and requirements .
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 defined.
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 Public Utilitites
Utilities Commission, to the Department of Transportation, and
to the State Air Resources Board, annually on or before July 1. The
bill would require the commission and the department to develop
procedures to define and report track utilization and capacity.
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: yes.
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 7665 is added to the Public Utilities Code, to
read:
7665. A freight railroad that owns or operates a line in the
state shall prepare and submit to the commission, to the Department
of Transportation, and to the State Air Resources Board annually on
or before July 1, a report on track utilization and capacity, in
order to provide data to be used in the regulation of air pollution
and other purposes within the authority of the Department of
Transportation and the State Air Resources Board. The commission and
the Department of Transportation shall develop procedures to define
and report track utilization and capacity.
SEC. 3. Section 10025 is added to the Public Utilities Code, to
read:
10025. (a) The City of Shafter is hereby authorized to do both of
the following:
(1) 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.
(2) 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), 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) (1) The Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2
of the Government Code) is applicable to the proceedings of the
governing body of the intermodal rail facility.
(2) The California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code)
is applicable to the operation of the intermodal rail facility by the
City of Shafter pursuant to this section.
(d) (1) A member of any separate governing body established
pursuant to paragraph (1) of subdivision (a), shall be required to
file financial disclosure statements with the Fair Political
Practices Commission.
(2) A member of any separate governing body established pursuant
to paragraph (1) of subdivision (a), shall comply with the conflict
of interest provisions of Article 1 (commencing with Section 87100)
of Chapter 7 of Title 9 of the Government Code.
(e) (1) All funding for the intermodal rail facility shall be
provided by the City of Shafter. The governing body of the intermodal
rail facility established pursuant to paragraph (1) of subdivision
(a), shall not levy any tax, assessment, fee, or other charge or
exaction.
(2) The governing body of the intermodal rail facility of the City
of Shafter established pursuant to paragraph (1) of subdivision (a),
shall, according to accepted accounting practices, prepare and
submit a budget to the governing board of the City of Shafter, for
its approval, that sets forth in reasonable detail the proposed
expenditures necessary to carry out the functions authorized by this
section. The proposed budget shall be adopted by the governing body
by majority vote at a public meeting after providing at least 30 days
notice of the proposed budget to the public. Any moneys received by
the intermodal rail facility from private sources shall come through
the City of Shafter and their expenditure shall be approved in a
budget approved by the governing board of the City of Shafter.
(3) All rates, fees, or other charges for intermodal rail facility
services supplied pursuant to this section shall be established by
the governing board for the City of Shafter.
SEC. 4. 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.