BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1010|
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UNFINISHED BUSINESS
Bill No: SB 1010
Author: Florez (D)
Amended: 8/7/06
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
SENATE FLOOR : 33-3, 1/30/06
AYES: Aanestad, Alarcon, Alquist, Ashburn, Battin, Bowen,
Cedillo, Chesbro, Cox, Denham, Ducheny, Dunn, Dutton,
Figueroa, Florez, Hollingsworth, Kehoe, Kuehl, Lowenthal,
Machado, Maldonado, Margett, Migden, Ortiz, Perata,
Poochigian, Romero, Runner, Scott, Simitian, Soto,
Speier, Torlakson
NOES: Ackerman, McClintock, Morrow
NO VOTE RECORDED: Escutia, Murray, Vincent, Vacancy
ASSEMBLY FLOOR : 73-4, 8/17/06 - See last page for vote
SUBJECT : Rail service: City of Shafter
SOURCE : City of Shafter
CONTINUED
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DIGEST : This bill authorizes the City of Shafter to
assign the functions of an intermodal rail facility to an
intermodal rail commission.
Assembly Amendments (1) delete the requirement that freight
railroads report on their track utilization and capacity,
(2) delete the declarations regarding state policy to
encourage rail line owners to permit other users on those
lines, and (3) recast the provisions relating to the
intermodal rail facility for the City of Shafter.
ANALYSIS : Existing law authorizes municipal corporations
to acquire, construct, own, operate, or lease any public
utility.
This bill authorizes the City of Shafter to assign the
functions of an intermodal rail facility to an intermodal
rail commission. Specifically, this bill:
1.States that the legislative body of the City of Shafter
may, by ordinance, assign the functions of an intermodal
rail facility to an intermodal rail commission
(Commission).
2.Specifies that the Commission will serve as an advisory
body of the City of Shafter in all matters pertaining to
the California Integrated Logistics Center or other
intermodal rail facilities operated by the City of
Shafter.
3.Requires the Commission to 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
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operation and maintenance of the California
Integrated Logistics Center or other intermodal rail
facilities operated by the City of Shafter.
E. Evaluate and recommend changes to rates or related
rate-setting matters.
F. Represent the City of Shafter at private and
public meetings and conferences.
4.States that the legislative body of the City of Shafter
may specify the membership of the Commission.
5.Requires that terms of office, qualifications, and
method of appointment and removal of Commissioners be
established by ordinance.
6.Specifies that the Commission shall consist of at least
five members, all of whom shall act in the public
interest.
7.Authorizes the legislative body of the City of Shafter
to establish rules, procedures, or standards for the
Commission that do not conflict with state or federal
law.
8.Specifies that the Commissioners shall receive
reimbursement for their actual and necessary expenses
incurred in the performance of official duties.
9.Specifies that the legislative body may provide a
stipend to Commissioners that shall not exceed $75 per
meeting.
10.Prohibits Commissioners from receiving a stipend for
more than two meetings per month.
11.Requires the City of Shafter to provide the funds,
equipment, and accommodations necessary or appropriate
for the work of the Commission.
12.Requires that all rates, fees, or charges for the
intermodal rail facility services are to be imposed by
the City of Shafter in accordance with specified
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provisions of the California Constitution.
13.Requires the operations of the Commission to follow the
Ralph M. Brown Act.
14.Makes all documents of the Commission subject to the
Public Records Act.
15.Specifies that the Commission is subject to the
Political Reform Act.
Background
The Port of Oakland, the City of Shafter 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.
City of Shafter officials believe a commission is necessary
to ensure that operations stay focused and professional.
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. The City of Shafter estimates completion by November
2006 on the switching and rail spur for that project.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Unable to verify at time of writing)
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City of Shafter (source)
Tejon Ranch Company
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
Dymally, Emmerson, Evans, Frommer, Garcia, Goldberg,
Hancock, Haynes, Jerome Horton, Shirley Horton, Houston,
Jones, Karnette, Keene, Klehs, Koretz, La Malfa, La Suer,
Laird, Leno, Leslie, Levine, Lieber, Lieu, Liu, Matthews,
Maze, Montanez, Mullin, Nakanishi, Nation, Nava, Negrete
McLeod, Niello, Parra, Pavley, Plescia, Richman,
Ridley-Thomas, Sharon Runner, Ruskin, Saldana, Salinas,
Spitzer, Strickland, Torrico, Tran, Umberg, Vargas,
Villines, Wolk, Wyland, Yee, Nunez
NOES: DeVore, Huff, Mountjoy, Walters
NO VOTE RECORDED: McCarthy, Oropeza, Vacancy
NC:cm 8/19/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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