BILL ANALYSIS                                                                                                                                                                                                            1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                            MARTHA M. ESCUTIA, CHAIRWOMAN
        

        SB 1010 -  Florez                                      Hearing Date:  
         January 10, 2006          S
        As Amended:  January 4, 2006       FISCAL           B

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                                      DESCRIPTION
         
         This bill  declares: 

           1.   Railroads may have sufficient California capacity to permit  
             additional trains to operate over their lines without  
             unreasonably interfering with existing rail traffic.

           2.   It is state policy for railroads to use their lines to move  
             traffic via rail rather than via highway so that congestion and  
             pollution are reduced.

           3.   It is in the public interest for railroads to allow others  
             rail carriers to use surplus capacity so that port and highway  
             congestion is reduced.

         This bill  authorizes the City of Shafter to:

        1.  Establish a separate governing body for purposes of operating an  
        intermodal rail facility with the City of Shafter;

        2.  Obtain financing, or enter into leases or contracts, relating to  
        the construction of such an intermodal rail facility.

         This bill  requires all revenues received from the operation of such  
        facility to be used solely for public or municipal purposes.

         This bill  requires all freight railroads to report annually track  
        utilization and capacity to the California Public Utilities  
        Commission (CPUC), the California Department of Transportation and  
        the California Air Resources Board in a manner determined by those  
        agencies.











                                      BACKGROUND
         
        The author has observed that the major Southern California ports are  
        congested with greater congestion forecast.  Conversely Oakland, the  
        major Northern California port, has capacity to expand.  The author  
        believes that expansion is constrained by the rail capacity for  
        moving containers to and from the port.

        The Port of Oakland, the City of Shafter (in the author's district,  
        15 miles northwest of Bakersfield, between I-5 and Highway 65), and  
        a privately-owned company, Northwest Container Services, Inc., have  
        formed a partnership to increase that rail capacity through the  
        creation of the California Integrated Logistics Center (CILC).  The  
        CILC is an inter-modal facility intended to encourage greater use of  
        the Port of Oakland by creating an alternative way of getting  
        containers into the greater Los Angeles area.  Rather than using the  
        heavily congested Ports of Long Beach and Los Angeles, container  
        ships could go instead to the Port of Oakland, where a railroad  
        shuttle would ferry containers to Shafter.  Once in Shafter, those  
        containers would be trucked to their destinations in Southern  
        California.  Exports could also be trucked into Shafter whereupon  
        the process would be reversed for shipping out of the Port of  
        Oakland.

        Project proponents argue that the CILC will:
               Improve air quality and reduce road congestion as rail  
             transport is substituted for trucks;
               Create jobs in Oakland due to increased port traffic;
               Relieve congestion in the Southern California ports,  
             improving efficiency.

        AB 1768 (Oropeza), Chapter 1127, Statutes of 2002, provided $5  
        million from the State Transportation Fund to the Department of  
        Transportation for local assistance to the City of Shafter  for the  
        Southern San Joaquin Valley Inter-modal Facility, a part of the  
        CILC.  Last month ground was broken on the switching and rail spur  
        for that project.
        
                                       COMMENTS
         
        This bill requires railroads to report to the CPUC on their track  
        utilization and capacity.  The CPUC and the Department of  
        Transportation are to develop appropriate definitions and reporting  
        procedures.   Understanding if and where slack rail capacity exists  









        will help in the formulation of policy for utilizing that capacity.   
         Relieving choke points in the transportation infrastructure will  
        facilitate growth of California ports and support the more efficient  
        conduct of commerce.

        The declarations in the bill regarding state policy to encourage  
        rail line owners to permit other users on those lines are  
        uncodified.

                                       POSITIONS
         
         Sponsor:
         
        City of Shafter

         Support:
         
        Tejon Ranch Company

         Oppose:
         
        None on file

        

        Randy Chinn 
        SB 1010 Analysis
        Hearing Date:  January 10, 2006