BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1010|
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                                 THIRD READING


          Bill No:  SB 1010
          Author:   Florez (D)
          Amended:  1/23/06
          Vote:     21

           
           SENATE ENERGY, U.&C. COMMITTEE  :  6-2, 1/12/06
          AYES:  Escutia, Alarcon, Dunn, Kehoe, Murray, Simitian
          NOES:  Morrow, Cox
          NO VOTE RECORDED:  Battin, Bowen, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  12-0, 1/19/06
          AYES:  Murray, Aanestad, Alquist, Ashburn, Battin, Dutton,  
            Escutia, Florez, Ortiz, Poochigian, Romero, Torlakson
          NO VOTE RECORDED:  Alarcon


           SUBJECT :    Rail service:  City of Shafter

           SOURCE  :     City of Shafter


           DIGEST  :    This bill requires freight railroads operating  
          in the state to report annually on its track use and  
          capacity.  It also authorizes the City of Shafter to  
          establish a special district to develop and operate an  
          intermodal rail facility.

           ANALYSIS  :    Existing law authorizes municipal corporations  
          to acquire, construct, own, operate, or lease any public  
          utility.

          This bill declares:
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          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 establish a  
          separate governing body (special district) for purposes of  
          operating an intermodal rail facility with the City of  
          Shafter, but delegates to the city all governance issues.   
          The City shall 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.

          The bill provides that the special district shall not levy  
          any tax, assessment, fee or other charge, and shall prepare  
          and submit a budget to the City of Shafter, as specified.

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

           Background

           According to the author's office, 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.

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          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:

          1.Improve air quality and reduce road congestion as rail  
            transport is substituted for trucks.

          2.Improve air quality and reduce road congestion as rail  
            transport is substituted for trucks.

          3.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 DOT 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 PUC on their  
          track utilization and capacity.  The PUC and DOT 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  

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          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.  
           
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          Although the PUC does not have a specific estimate of the  
          costs of this bill, it expects costs to be "significant" -  
          in excess of $150,000 - to develop standards for the  
          report.

           SUPPORT  :   (Verified  1/23/06)

          City of Shafter (source)
          Tejon Ranch Company

           OPPOSITION  :    (Verified  1/23/06)

          The California Railroad Industry


          NC:cm  1/25/06   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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