Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 600


Introduced by Assembly Member Bonta

February 20, 2013


An act to amend Sectionbegin delete 43701 of the Health and Safety Code, relating to vehicular air pollution.end deletebegin insert 22928 of the Business and Professions Code, relating to businessend insertbegin insert.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 600, as amended, Bonta. begin deleteHeavy-duty vehicles: smoke emissions. end deletebegin insertIntermodal marine terminals.end insert

begin insert

Existing law prohibits an intermodal marine equipment provider or marine terminal operator from imposing per diem, detention, or demurrage charges, as defined, on an intermodal motor carrier relative to transactions involving cargo shipped by intermodal transport under certain circumstances. Existing law also prohibits an intermodal marine equipment provider from terminating, suspending, or restricting equipment interchange rights of a motor carrier for specified reasons and from charging back, deducting, or offsetting per diem or certain other charges from the motor carrier’s freight bill.

end insert
begin insert

This bill would modify the term “intermodal marine equipment provider” to become “intermodal equipment provider” and would define this new term. This bill would also modify the circumstances under which an intermodal equipment provider or an intermodal marine terminal operator is prohibited from imposing per diem, detention, or demurrage charges. This bill would prohibit an intermodal equipment provider from requiring a motor carrier to return intermodal equipment to a location other than the physical location at which the equipment was received, as specified.

end insert
begin delete

Existing law requires the State Air Resources Board to adopt regulations requiring owners or operators of heavy-duty diesel motor vehicles to perform regular inspections of their vehicles for excessive emissions of smoke.

end delete
begin delete

This bill would make a technical, nonsubstantive change to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 22928 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

22928.  

(a) The Legislature finds and declares that unilateral
4termination, suspension, or restriction of equipment interchange
5rights of an intermodal motor carrier shall not result from
6intermodalbegin delete marineend delete terminal actions as specified in subdivision (b).

7(b) An intermodalbegin delete marineend delete equipment provider or intermodal
8marine terminal operator shall not impose per diem, detention, or
9demurrage charges on an intermodal motor carrier relative to
10transactions involving cargo shipped by intermodal transport under
11any of the following circumstances:

12(1) When the intermodal marine or terminal truck gate is closed
13during posted normal working hours. No per diem, detention, or
14demurrage charges shall be imposed on a weekend or holiday, or
15during a labor disruption period, or during any other period
16involving an act of God or any other planned or unplanned action
17that closes the truck gate.

18(2) When the intermodal marine terminal decides to divertbegin insert the
19return ofend insert
equipmentbegin insert from the point at which it was interchangedend insert
20 without 48 hours’ electronic or written notification to the motor
21carrierbegin insert having possession of the equipmentend insert.

22(3) When the intermodal marine terminal is assessed a fine
23pursuant to Section 40720 of the Health and Safety Code.

24(4) When the intermodalbegin delete marine terminalend delete equipment isbegin delete out of
25compliance pursuant toend delete
begin insert not compliant as required inend insert Section
2634505.9 of the Vehicle Code or the equipmentbegin delete isend deletebegin insert warrants beingend insert
27 placed out of service.

P3    1(5) When a loaded containerbegin insert or the chassis on which it is
2mountedend insert
is not available for pickup when the motor carrier arrives
3at the intermodal marine terminal.

4(6) When the intermodal marine terminal is too congested to
5begin insert safely or reasonablyend insert accept the container andbegin insert the intermodal
6marine terminalend insert
turns away the motor carrier.

7(c) An intermodalbegin delete marineend delete equipment provider shall not take any
8of the following actions:

9(1) Charge back, deduct, or offset per diem charges, maintenance
10and repair charges, or peak hour pricing from a motor carrier’s
11freight bill.

12(2) Unilaterally terminate, suspend, or restrict the equipment
13interchange rights of a motor carrier or driver that uses the dispute
14resolution process contained in the Uniform Intermodal Interchange
15and Facilities Access Agreement to contest a charge, fee, or fine,
16including a charge for maintenance and repairs imposed by the
17intermodal marine terminal, while the dispute resolution process
18is ongoingbegin insert or after a challenge by a motor carrier is resolved in
19the motor carrier’s favorend insert
.

20(3) Unilaterally terminate, suspend, or restrict the equipment
21interchange rights of a motor carrier for late payment of an
22undisputed invoice from the intermodal marine terminal, provided
23that the payment is no more than 60 days late.

24(4) Unilaterally terminate, suspend, or restrict the equipment
25interchange rights of a motor carrier or driver for parking tickets
26issued by the marine terminal unless the tickets remain unpaid
27more than 60 days after being inbegin insert actual physicalend insert receipt of the
28driver or motor carrier. No parking tickets shall be issued by the
29marine terminal to a driver or motor carrier for a parking violation
30if the assigned spot was occupied and the trouble window or
31terminal administration was unable to immediately provide a place
32to park, or if the driver was instructed to park the equipment in a
33different spot by marine terminal personnel or security.

34(5) Willfully attempt to circumvent any provisions of this section
35or to fail, for any reason other than what is specified in the
36governing port tariff, to collect demurrage when due and payable
37and when consistent with this section. An intermodal motor carrier
38shall not be liable for any portion of demurrage when an intermodal
39container is not picked up during free time, which is the time period
40before demurrage charges are to be applied.

begin insert

P4    1(6) Require a motor carrier to return intermodal equipment to
2a location other than the physical location at which the equipment
3was received, unless the intermodal equipment provider directs,
4reasonably in advance of the commencement of the chargable
5demurrage, the equipment to be returned to a satellite location as
6governed by a written bilateral agreement between the intermodal
7equipment provider and the motor carrier. An intermodal
8equipment provider shall not unilaterally require a motor carrier
9to return intermodal equipment to a satellite location by notifying
10a motor carrier through a posting on an Internet Web site,
11electronic mail, shipping order, or any method of communication
12not specified in the written bilateral agreement between the
13intermodal equipment provider and the motor carrier.

end insert

14(d) As used in this chapter:

15(1) “Per diem,” “detention,” or “demurrage” means a charge
16imposed by an equipment provider or marine terminal operator
17for late return or pickup of an empty or a loaded intermodal
18container and chassis.

19(2) “Closed” means not open or available to receive equipment.
20The marine terminal shall have posted working hours, and “closed”
21shall mean that the terminal is not open to release or accept
22equipment during those posted working hours.

23(3) “Divert equipment” means the motor carrier has been
24directed to return the equipment to a location different from the
25location where the equipment was picked up by the motor carrier.

26(4) “Shall not impose per diem, detention, or demurrage charges
27on an intermodal carrier” shall apply to the day or days in question
28that an occurrence referenced in subdivision (b) took place.

29(5) “Intermodal marine terminal” means a marine terminal
30location or facility that engages in discharging or receiving
31equipment owned, operated, or controlled by an equipment
32provider.

33(6) “Written or electronic notification” means any
34communication by postal letter, facsimile, electronic mail, or other
35electronic notification.

begin insert

36(7) “Intermodal equipment provider” means any party
37authorizing delivery or receipt of physical possession of equipment
38with a motor carrier commonly used in the road transport of
39intermodal freight, including, but not limited to, trailers, chassis,
40containers, and associated devices, but excluding, tractors. This
P5    1definition applies to all intermodal equipment providers, regardless
2of whether the party participates in the Uniform Intermodal
3Interchange and Facilities Access Agreement.

end insert
begin delete
4

SECTION 1.  

Section 43701 of the Health and Safety Code is
5amended to read:

6

43701.  

(a) (1) Not later than July 15, 1992, the state board,
7in consultation with the bureau and the review committee
8established pursuant to subdivision (a) of Section 44021, shall
9adopt, after a public hearing, regulations that require that owners
10or operators of heavy-duty diesel motor vehicles perform regular
11inspections of their vehicles for excessive emissions of smoke.
12The inspection procedure, the frequency of inspections, the
13emission standards for smoke, and the actions the vehicle owner
14or operator is required to take to remedy excessive smoke emissions
15shall be specified by the state board. Those standards shall be
16developed in consultation with interested parties. The smoke
17standards adopted under this subdivision shall not be more stringent
18than those adopted under Chapter 5 (commencing with Section
1944000).

20(2) (A) On or before December 31 of each year, a fleet shall
21comply with the regulations and standards for that calendar year.

22(B) For purposes of this paragraph, “fleet” means any group of
23two or more heavy-duty diesel-fueled vehicles that are owned or
24operated by the same person.

25(b) Not later than December 15, 1993, the state board shall, in
26consultation with the State Energy Resources Conservation and
27Development Commission, and after a public hearing, adopt
28regulations that require that heavy-duty diesel motor vehicles
29subject to subdivision (a) utilize emission control equipment and
30alternative fuels. The state board shall consider, but not be limited
31to, the use of cleaner burning diesel fuel, or other methods that
32will reduce gaseous and smoke emissions to the greatest extent
33feasible, taking into consideration the cost of compliance. The
34regulations shall provide that any significant modification of the
35engine necessary to meet these requirements shall be made during
36a regularly scheduled major maintenance or overhaul of the
37vehicle’s engine. If the state board requires the use of alternative
38fuels, it shall do so only to the extent those fuels are available.

39(c) The state board shall adopt emissions standards and
40procedures for the qualification of any equipment used to meet the
P6    1requirements of subdivision (b), and only qualified equipment
2shall be used.

3(d) To the extent permissible under federal law, commencing
4January 1, 2006, the owner or operator of any commercial motor
5truck, as defined in Section 410 of the Vehicle Code, with a gross
6vehicle weight rating (GVWR) greater than 10,000 pounds that
7enters the state for the purposes of operating in the state shall
8maintain, and provide upon demand to enforcement authorities,
9evidence demonstrating that its engine met the federal emission
10standards applicable to commercial heavy-duty engines for that
11engine’s model-year at the time it was manufactured, pursuant to
12the protocol and regulations developed and implemented pursuant
13to subdivision (e).

14(e) The state board, not later than January 1, 2006, in
15consultation with the Department of the California Highway Patrol,
16shall develop, adopt, and implement regulations establishing an
17inspection protocol for determining whether the engine of a truck
18subject to the requirements of subdivision (d) met the federal
19emission standard applicable to heavy-duty engines for that
20engine’s model-year at the time it was manufactured.

end delete


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