BILL NUMBER: SB 1010 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 26, 2006
AMENDED IN ASSEMBLY JUNE 22, 2006
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 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. For these
purposes, "public utility" is defined as including the transportation
of persons or property.
This bill would authorize the legislative body of the City of
Shafter, by ordinance, to assign the functions of an intermodal rail
facility to an intermodal rail commission, to the legislative body,
or to any combination of the 2. If the city elects to establish an
intermodal rail commission, it would serve as an advisory body of the
city in all matters pertaining to the California Integrated
Logistics Center or other intermodal rail facility operated by the
city, with specified functions. If the city elects to establish an
intermodal rail commission, it would be required to compensate
commissioners for their actual and necessary expenses and authorize
the city to compensate a commissioner up to $75 for each meeting
attended by that commissioner. The bill would require, if the city
elects to establish an intermodal rail commission, that the city
provide the funds, equipment, and accommodations necessary or
appropriate for the work of the commission and would prohibit any fee
imposed to support the work of the commission from exceeding the
reasonable cost of providing the service for which the fee is
charged.
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 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
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10025 is added to the
Public Utilities Code , to read:
10025. (a) The legislative body of the City of Shafter may, by
ordinance, assign the functions of an intermodal rail facility to an
intermodal rail commission, to the legislative body itself, or to any
combination thereof, as it deems necessary and appropriate.
(b) If an intermodal rail commission is established, all of the
following shall apply:
(1) The commission shall serve as an advisory body of the City of
Shafter in all matters pertaining to the California Integrated
Logistics Center or other intermodal rail facility operated by the
City of Shafter, and shall perform the following functions:
(A) Evaluate and recommend operating and capital expenditures.
(B) Evaluate and recommend capital improvement projects.
(C) Evaluate and recommend business expansion or contraction.
(D) Undertake strategic planning regarding the operation and
maintenance of the California Integrated Logistics Center or other
intermodal rail facility operated by the City of Shafter.
(E) Evaluate and recommend changes to rates or related ratesetting
matters.
(F) Represent the city at private and public meetings and
conferences.
(2) The legislative body of the City of Shafter may specify the
membership of the commission. The terms of office, qualifications,
and method of appointment and removal shall be as provided by
ordinance.
(3) The commission shall consist of at least five members, all of
whom shall act in the public interest.
(4) The legislative body of the City of Shafter may establish any
rules, procedures, or standards for the commission that do not
conflict with state or federal laws.
(5) The commissioners shall receive their actual and necessary
expenses, including traveling expenses incurred in the discharge of
their duties. The legislative body may also provide for other
compensation consistent with paragraph (6).
(6) The compensation provided by the legislative body of the City
of Shafter to a commissioner shall not exceed seventy-five dollars
($75) for each commissioner for each meeting of the commission
attended by that commissioner. No commissioner shall receive
compensation for attending more than two meetings of the commission
in any calendar month.
(7) The legislative body of the City of Shafter shall provide the
funds, equipment, and accommodations necessary or appropriate for the
work of the commission. If the legislative body of the City of
Shafter establishes any fees to support the work of an intermodal
rail commission, the fees shall not exceed the reasonable cost of
providing the service for which the fee is charged.
(8) The Ralph M. Brown Act (Chapter 9 (commencing with section
54950) of Division 2 of the Government Code) shall apply to the
proceedings of the commission.
(9) The California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code)
shall apply to the operation of the commission.
(10) The commission shall be "local government agency" pursuant to
Sections 82003 and 82041 of the Government Code and the commission
and its applicable members, officers, employees and consultants shall
be subject to the Political Reform Act (Title 9 (commencing with
Section 81000) of the Government Code).
SECTION 1. 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. SEC. 2. 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.