BILL NUMBER: AB 2395 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Lowenthal
(Principal coauthor: Assembly Member Gorell)
FEBRUARY 21, 2014
An act to amend Section 422 of add Section
6087 to the Harbors and Navigation Code, relating to
vessels harbor districts .
LEGISLATIVE COUNSEL'S DIGEST
AB 2395, as amended, Lowenthal. Vessels: perils of the
sea. Oxnard Harbor District: infrastructure projects:
funding.
(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.
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.
(2) This bill would make legislative findings and declarations as
to the necessity of a special statute for the Oxnard Harbor District.
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.
This bill would make technical, nonsubstantive changes in that
definition.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and
declares all of the following:
(a) The Oxnard Harbor District owns and operates the Port of
Hueneme. Although the Port of Hueneme is the only deep-water port
between the major Pacific Ocean ports of northern and southern
California, its depth at present is only 35 feet at mean lower low
water (MLLW). A depth of at least 40 feet at MLLW is necessary to
provide the port with the capacity to accommodate a wider variety of
vessels to meet anticipated demands. As a result, the Oxnard Harbor
District needs to finance several significant infrastructure projects
over the next several decades to expand the limited capacity of the
port.
(b) The existing one-million-dollar ($1,000,000) limit on the
borrowing of money set forth in Section 6084 of the Harbors and
Navigation Code impedes the Oxnard Harbor District's ability to
develop the infrastructure and systems necessary to continue the
development of the Port of Hueneme to expand the port's capacity and
meet anticipated demands.
(c) In December 2013, the Oxnard Harbor District successfully
implemented the Shoreside Power Project, which will dramatically cut
pollutants from vessel emissions particle matter (PM) by 92 percent,
nitrous oxide emissions by 98 percent, and greenhouse gas emissions
(carbon dioxide) by 55 percent, over the life of the project.
Further, the project will benefit shippers, truckers, terminal
operators, dock workers, and regional and national transportation
systems by extending the useful life of existing wharfs for up to 30
years.
(d) In Spring, 2012, the Oxnard Harbor District commissioned a
series of white papers as part of its commitment to providing the
maximum possible economic and social benefits to the people and
communities served by the Port of Hueneme. This commitment includes a
responsibility to address the environmental impacts of port
operations. The white papers are meant to help the port build an
environmental management program, and address all of the following
focus areas:
(1) Community engagement.
(2) Water quality.
(3) Marine resources.
(4) Air quality.
(5) Soil and sediment.
(6) Sustainability.
(e) The white papers described in subdivision (d) document
important accomplishments already achieved by the Oxnard Harbor
District, including all of the following:
(1) Active participation in community events and activities.
(2) Receipt of a $4.5 million shoreside power grant for air
quality improvements.
(3) Implementation of phase 1 of a stormwater improvement plan.
(4) Partnering with the United States Navy and the United States
Corps of Engineers (USACE) to construct the Confined Aquatic Disposal
Cell.
(5) Actively monitoring water quality to mitigate impacts to
marine life.
(6) Replacement of conventional diesel-fueled maintenance vehicles
with low-emission propane-fueled trucks.
(f) Operations and activities at the Port of Hueneme contribute
meaningfully, qualitatively, and quantitatively to the economic
health and vitality of southern California and the rest of the state.
It has been estimated that approximately 10,226 jobs statewide are
either directly or indirectly related to activities at the Port of
Hueneme, and the regional agricultural, automobile, and oil and gas
industries in this state rely on the workers employed in these jobs
and the port's daily operations.
(g) The Oxnard Harbor District does not levy, or expend any funds
generated by, local taxes, as most of its operations are funded
directly through fees and other revenue the port generates from its
users or tenants, and from occasional state and federal grants.
SEC. 2. Section 6087 is added to the
Harbors and Navigation Code , to read:
6087. (a) Notwithstanding any other provision of this part, the
Oxnard Harbor District may borrow money and incur indebtedness under
Section 6077 or 6084, in its discretion, and may accept financial or
other assistance from the state or federal government.
(b) The district may expend any funds made available to the
district pursuant to subdivision (a) for the acquisition of any
interest in lands, in accordance with Section 6075, and for the
acquisition, construction, development, ownership, and leasing of
port facilities, infrastructure, and other projects, including, but
not limited to, harbor deepening, and for any other buildings,
plants, equipment, aids, facilities, and improvements necessary for,
or incident to, the accommodation and promotion of commerce and
fisheries in the district.
SEC. 3. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances
applicable only to the Oxnard Harbor District.
SECTION 1. Section 422 of the Harbors and
Navigation Code is amended to read:
422. Perils of the sea are all of the following:
(a) Storms and waves.
(b) Rocks, shoals, and rapids.
(c) Other obstacles, though of human origin.
(d) Changes of climate.
(e) The confinement necessary at sea.
(f) Animals peculiar to the sea.
(g) All other dangers that are peculiar to the sea.