BILL NUMBER: AB 2395 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 8, 2014
AMENDED IN ASSEMBLY APRIL 10, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Lowenthal
(Principal coauthor: Assembly Member Gorell)
( Principal coauthor: Senator
Jackson )
FEBRUARY 21, 2014
An act to add Section 6087 to the Harbors and Navigation Code,
relating to harbor districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2395, as amended, Lowenthal. 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, provided that if the
proposed borrowing is not in excess of 15% of the district's total
assets, specified, as described, is considered at a public hearing,
and is approved by a 2/3 vote of the members of the board of harbor
commissioners for the district. 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.
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 that are 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) (1) Notwithstanding any other provision of this part,
the Oxnard Harbor District may borrow money and incur indebtedness
under this section and may accept financial or other assistance from
the state or federal government.
(2) (A) The district shall not borrow an amount in excess of 15
percent of its total assets, as determined based on the estimated
value of the assets included in the Port of Hueneme Comprehensive
Annual Financial Report.
(B) The district shall, prior to commencing any action to borrow
funds under this section, conduct a public hearing during which the
proposed borrowing is considered.
(C) The district shall not seek to borrow any funds under this
section unless the proposed borrowing is approved by a 2/3 vote of
the members of the board of harbor commissioners for the
district.
(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.