Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2395


Introduced by Assembly Member Lowenthal

(Principal coauthor: Assembly Member Gorell)

February 21, 2014


An act tobegin delete amend Section 422 ofend deletebegin insert add Section 6087 toend insert the Harbors and Navigation Code, relating tobegin delete vesselsend deletebegin insert harbor districtsend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 2395, as amended, Lowenthal. begin deleteVessels: perils of the sea. end deletebegin insertOxnard Harbor District: infrastructure projects: funding.end insert

begin insert

(1) Existing law prescribes procedures for the formation of harbor districts, and sets forth the powers of a district with regard to the operation, management, and development of harbor facilities in a district. Existing law authorizes the board of a harbor district, among other things, to borrow up to $1,000,000 for the purposes of acquiring land for constructing or operating any work, project, or certain authorized facilities or for the making of improvements or the purchase of equipment for the maintenance of those facilities, as prescribed.

end insert
begin insert

This bill would, notwithstanding that borrowing limit, authorize the Oxnard Harbor District to borrow money and incur indebtedness and to accept financial or other assistance from the state or federal government. The bill would authorize the district to expend any funds made available to the district pursuant to those provisions for the acquisition of any interests in lands, as specified, and for projects involving the acquisition, construction, development, ownership, and leasing of port facilities, infrastructure, or other projects, as described.

end insert
begin insert

(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Oxnard Harbor District.

end insert
begin delete

Existing law regulates the operation of vessels, as defined, in the state. For purposes of provisions regulating vessels, existing law defines the phrase “perils of the sea” as storms and waves, rocks, shoals, and rapids, and other obstacles, climate changes, confinement, animals, and all other dangers peculiar to the sea.

end delete
begin delete

This bill would make technical, nonsubstantive changes in that definition.

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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 insert

The Legislature hereby finds and declares all of
2the following:

end insert
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3(a) The Oxnard Harbor District owns and operates the Port of
4Hueneme. Although the Port of Hueneme is the only deep-water
5port between the major Pacific Ocean ports of northern and
6southern California, its depth at present is only 35 feet at mean
7lower low water (MLLW). A depth of at least 40 feet at MLLW is
8necessary to provide the port with the capacity to accommodate
9a wider variety of vessels to meet anticipated demands. As a result,
10the Oxnard Harbor District needs to finance several significant
11infrastructure projects over the next several decades to expand
12the limited capacity of the port.

end insert
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13(b) The existing one-million-dollar ($1,000,000) limit on the
14borrowing of money set forth in Section 6084 of the Harbors and
15Navigation Code impedes the Oxnard Harbor District’s ability to
16develop the infrastructure and systems necessary to continue the
17development of the Port of Hueneme to expand the port’s capacity
18and meet anticipated demands.

end insert
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19(c) In December 2013, the Oxnard Harbor District successfully
20implemented the Shoreside Power Project, which will dramatically
21cut pollutants from vessel emissions particle matter (PM) by 92
22percent, nitrous oxide emissions by 98 percent, and greenhouse
23gas emissions (carbon dioxide) by 55 percent, over the life of the
24project. Further, the project will benefit shippers, truckers, terminal
25operators, dock workers, and regional and national transportation
P3    1systems by extending the useful life of existing wharfs for up to 30
2years.

end insert
begin insert

3(d) In Spring, 2012, the Oxnard Harbor District commissioned
4a series of white papers as part of its commitment to providing the
5maximum possible economic and social benefits to the people and
6communities served by the Port of Hueneme. This commitment
7includes a responsibility to address the environmental impacts of
8port operations. The white papers are meant to help the port build
9an environmental management program, and address all of the
10following focus areas:

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11(1) Community engagement.

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12(2) Water quality.

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13(3) Marine resources.

end insert
begin insert

14(4) Air quality.

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15(5) Soil and sediment.

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16(6) Sustainability.

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17(e) The white papers described in subdivision (d) document
18important accomplishments already achieved by the Oxnard
19Harbor District, including all of the following:

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20(1) Active participation in community events and activities.

end insert
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21(2) Receipt of a $4.5 million shoreside power grant for air
22quality improvements.

end insert
begin insert

23(3) Implementation of phase 1 of a stormwater improvement
24plan.

end insert
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25(4) Partnering with the United States Navy and the United States
26Corps of Engineers (USACE) to construct the Confined Aquatic
27Disposal Cell.

end insert
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28(5) Actively monitoring water quality to mitigate impacts to
29marine life.

end insert
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30(6) Replacement of conventional diesel-fueled maintenance
31vehicles with low-emission propane-fueled trucks.

end insert
begin insert

32(f) Operations and activities at the Port of Hueneme contribute
33meaningfully, qualitatively, and quantitatively to the economic
34health and vitality of southern California and the rest of the state.
35It has been estimated that approximately 10,226 jobs statewide
36are either directly or indirectly related to activities at the Port of
37Hueneme, and the regional agricultural, automobile, and oil and
38gas industries in this state rely on the workers employed in these
39jobs and the port’s daily operations.

end insert
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P4    1(g) The Oxnard Harbor District does not levy, or expend any
2funds generated by, local taxes, as most of its operations are funded
3directly through fees and other revenue the port generates from
4its users or tenants, and from occasional state and federal grants.

end insert
5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 6087 is added to the end insertbegin insertHarbors and Navigation
6Code
end insert
begin insert, to read:end insert

begin insert
7

begin insert6087.end insert  

(a) Notwithstanding any other provision of this part,
8the Oxnard Harbor District may borrow money and incur
9indebtedness under Section 6077 or 6084, in its discretion, and
10may accept financial or other assistance from the state or federal
11government.

12(b) The district may expend any funds made available to the
13district pursuant to subdivision (a) for the acquisition of any
14interest in lands, in accordance with Section 6075, and for the
15acquisition, construction, development, ownership, and leasing of
16port facilities, infrastructure, and other projects, including, but
17not limited to, harbor deepening, and for any other buildings,
18plants, equipment, aids, facilities, and improvements necessary
19for, or incident to, the accommodation and promotion of commerce
20and fisheries in the district.

end insert
21begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

The Legislature finds and declares that a special law
22is necessary and that a general law cannot be made applicable
23within the meaning of Section 16 of Article IV of the California
24Constitution because of the unique circumstances applicable only
25to the Oxnard Harbor District.

end insert
begin delete
26

SECTION 1.  

Section 422 of the Harbors and Navigation Code
27 is amended to read:

28

422.  

Perils of the sea are all of the following:

29(a) Storms and waves.

30(b) Rocks, shoals, and rapids.

31(c) Other obstacles, though of human origin.

32(d) Changes of climate.

33(e) The confinement necessary at sea.

34(f) Animals peculiar to the sea.

35(g) All other dangers that are peculiar to the sea.

end delete


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