BILL NUMBER: AB 2939 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 15, 2006
AMENDED IN ASSEMBLY MAY 26, 2006
AMENDED IN ASSEMBLY APRIL 17, 2006
AMENDED IN ASSEMBLY MARCH 30, 2006
INTRODUCED BY Assembly Member Wolk
(Coauthors: Assembly Members Jones and Niello)
(Coauthor: Senator Cox)
FEBRUARY 24, 2006
An act to amend Sections 6832 and 6835.1 of, to add Sections
6830.2, 6894.1, 6894.2, and 6910 to, and to repeal and add Section
6830.1 of, the Harbors and Navigation Code, relating to the
Sacramento-Yolo Port District.
LEGISLATIVE COUNSEL'S DIGEST
AB 2939, as amended, Wolk Sacramento-Yolo Port District.
(1) Existing law provides for the formation of a river port
district that is governed by a port commission, which consists of 5
members, as specified. Existing law provides for additional
commissioners for the Sacramento-Yolo Port Commission.
This bill would reestablish the boundaries of the Sacramento-Yolo
Port District. The bill would eliminate the requirement for
additional commissioners for the Sacramento-Yolo Port Commission, and
instead specify the membership of the Sacramento-Yolo Port
Commission and define and limit certain powers of the Sacramento-Yolo
Port District.
The bill would require that moneys in the Riverfront Enhancement
Fund, created by the Joint Port Governance Agreement dated January
15, 2006, shall be expended exclusively on projects related to the
Sacramento and American Rivers, as specified. The bill would provide
that net proceeds from the liquidation of certain properties in the
Sacramento-Yolo Port District would be distributed to the fund.
Existing law permits an elected official of an appointing
authority to be a member of a port commission.
This bill would additionally permit an employee of an appointing
authority to be a member of a port commission.
The bill would prohibit the port commission from selling or
dismantling specified property without the prior consent of specified
local governmental entities, or selling or leasing for nonmaritime
purposes, land in excess of 10 acres located in a specified area
unless the port commission makes a written finding that the proposed
sale or lease is necessary to maintain the financial viability of the
port.
By requiring local agencies to undertake new duties, the bill
would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6830.1 of the Harbors and Navigation Code is
repealed.
SEC. 2. Section 6830.1 is added to the Harbors and Navigation
Code, to read:
6830.1. Notwithstanding Section 6830, the Sacramento-Yolo Port
Commission shall be composed of five members selected and appointed
as follows:
(a) Four commissioners shall be appointed by the City Council of
the City of West Sacramento, which commissioners may be members of
the city council, and notwithstanding Section 6835, shall be
residents of the City of West Sacramento. The appointments shall be
made in the manner set by law for appointments by the City of West
Sacramento.
(b) One commissioner shall be appointed by the Board of
Supervisors of Yolo County, which commissioner may be a member of the
board of supervisors and, notwithstanding Section 6835, shall be a
resident of the City of West Sacramento. The appointment shall be
made in the manner set by law for appointments by the County of Yolo.
SEC. 3. Section 6830.2 is added to the Harbors and Navigation
Code, to read:
6830.2. The boundaries of the Sacramento-Yolo Port District are
hereby established to coincide with the first supervisorial district
of the County of Yolo, as of October 1, 2005. The boundaries also
shall include all property owned by the Sacramento-Yolo Port District
in Solano County that was incorporated into the district by the
Sacramento County Local Agency Formation Commission on ____.
SEC. 4. Section 6832 of the Harbors and Navigation Code is amended
to read:
6832. (a) The mayor of the municipality in which is located the
largest proportion in value of the land within the district, or any
chairperson of any of the boards of supervisors of the counties in
which the district is located, may call meetings of the board of
election.
(b) This section does not apply to the Sacramento-Yolo Port
District.
SEC. 5. Section 6835.1 of the Harbors and Navigation Code is
amended to read:
6835.1. Notwithstanding any other provision of law, a person
shall not be ineligible for appointment to the board because he or
she is an elected official or employee of an appointing authority to
the board. The appointment of a person to the office of the board
shall not be deemed incompatible with being an elected official or
employee of an appointing authority to the board, and shall not
prevent an elected official or employee so appointed from acting on a
proposal before the board affecting the appointing authority. Any
regulation providing for the disqualification of a person for that
reason is null and void.
SEC. 6. Section 6894.1 is added to the Harbors and Navigation
Code, to read:
6894.1. Notwithstanding the provisions of Section 6894, the board
of the Sacramento-Yolo Port District shall not sell
do any of the following:
(a) Sell or dismantle the
Deepwater Channel or the North Terminal Property without the prior
consent of the City of Sacramento, the County of Sacramento, and the
County of Yolo.
(b) Sell or lease for nonmaritime purposes, land in excess of 10
acres located north of Southport Parkway and west of Lake Washington,
unless, prior to executing a sale or lease, the board makes a
written finding, based on substantial evidence in the record, that
the proposed sale or lease is necessary to maintain the financial
viability of the port.
SEC. 7. Section 6894.2 is added to the Harbors and Navigation
Code, to read:
6894.2. (a) Moneys in the Riverfront Enhancement Fund, created by
the Joint Port Governance Agreement dated January 15, 2006, shall be
expended exclusively on projects related to the Sacramento and
American Rivers, including tributaries and fluvial features,
encompassed within the Counties of Sacramento and Yolo. Projects may
include, but are not limited to, those of regional significance;
capital improvements on riverfronts; maintenance and operation of
riverfronts, waterways, and parkways; and conservation and
environmental studies and projects.
(b) In order to provide a disincentive for port closure to the
host jurisdiction, which would receive properties of the
Sacramento-Yolo Port District in event of its closure in accordance
with this code, if the Port of Sacramento is closed and liquidated on
or after January 15, 2016, and prior to January 15, 2026, the net
proceeds from the liquidation shall be distributed to the Riverfront
Enhancement Fund, less 10 percent for each year after January 15,
2016, that shall be distributed to the City of West Sacramento.
(c) Nothing in this section shall be construed to authorize or
prohibit the sale or lease of any property of the Port of Sacramento.
SEC. 8. Section 6910 is added to the Harbors and Navigation Code,
to read:
6910. (a) Except as provided in subdivision (b), the
Sacramento-Yolo Port District shall not exercise the power of eminent
domain in the County of Sacramento, the City of Sacramento, the
County of Yolo, or the County of Solano, without specific
authorization respectively from the County of Sacramento, the City of
Sacramento, the County of Yolo, or the County of Solano.
(b) This section does not apply to the Sacramento-Yolo Port
District if it exercises the power of eminent domain in the City of
West Sacramento.
SEC. 9. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.