BILL NUMBER: SB 1010 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 7, 2006
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 . The bill would require all rates,
fees, or charges for the described intermodal rail facility services
to be imposed by the city in accordance with specified provisions of
the California Constitution, if applicable.
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 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) All rates, fees, or charges for intermodal rail facility
services supplied pursuant to this section shall be imposed by the
legislative body of the City of Shafter in accordance with Article
XIII C and Article XIII D of the California Constitution, if
applicable.
(8)
(9) The Ralph M. Brown Act (Chapter 9 (commencing with
section Section 54950) of Division 2 of
the Government Code) shall apply to the proceedings of the
commission.
(9)
(10) 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)
(11) The commission shall be a "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).
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.