BILL NUMBER: AB 2058	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Pan

                        FEBRUARY 23, 2012

   An act to add Section 22928.5 to the Business and Professions
Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2058, as introduced, Pan. Intermodal marine terminals.
   Existing law imposes certain limitations on charges that may be
imposed by intermodal marine terminals on intermodal motor carriers
relative to transactions involving cargo shipped by intermodal
transport.
   This bill would require an intermodal marine terminal that imposes
certain financial responsibility requirements on an intermodal motor
carrier pursuant to the Uniform Intermodal Interchange and
Facilities Access Agreement or with respect to certain hazardous
substances to post a notice to that effect at its gate and online, as
specified. The bill would prohibit the intermodal marine terminal
from imposing other financial responsibility requirements except as
may be required by federal law.
   This bill would also prohibit an intermodal marine terminal from
restricting access by intermodal motor carriers to its terminal under
specified circumstances.
   This bill would make legislative findings and declarations.
   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 finds and declares that intermodal
motor carriers are subject to additional risks, and subject others to
additional risks, when operating within an intermodal marine
terminal as a result of the movement of intermodal marine equipment,
the nature of intermodal marine terminal operations, and the
diversity of hazardous cargoes handled at an intermodal marine
terminal.
  SEC. 2.  Section 22928.5 is added to the Business and Professions
Code, to read:
   22928.5.  (a) If an intermodal marine terminal requires an
intermodal motor carrier to comply with the minimum financial
responsibility requirements of the Uniform Intermodal Interchange and
Facilities Access Agreement, or any other agreement that secures
equipment interchanges rights of both an intermodal marine equipment
provider and an intermodal motor carrier, in order to gain access to
the terminal, then the terminal shall post a notice at its gate and
online.
   (b) If oil, poison gas, explosives, hazardous waste, radioactive
materials, or any other hazardous substances classified as
commodities specified by the United States Department of
Transportation in Section 387.9 of Title 49 of the Code of Federal
Regulations are regularly stored, transported, or shipped at an
intermodal marine terminal, then the terminal may require all
intermodal motor carriers to comply with the minimum financial
responsibility requirements for the commodities that are present in
order to gain access to the terminal only after that terminal has
posted the required notice at its gate and online. If additional
minimum financial responsibility requirements are required for
terminal access because of the presence of a certain hazardous
commodity, then those requirements may only be imposed in an amount
that is identical to that which would be required for carriage of
those hazardous substances identified in paragraph (1), (2), (3), or
(4) of subdivision (a) of Section 34631.5 of the Vehicle Code.
   (c) Except as otherwise allowed by federal law, no minimum
financial responsibility requirements for terminal access for an
intermodal motor carrier shall be adopted by an intermodal marine
terminal other than those described in subdivisions (a) and (b).
   (d) Nothing in this section, including the presence of any
hazardous substances referenced in subdivision (b), shall be
construed as requiring any intermodal marine terminal to require any
intermodal motor carrier to provide additional minimum financial
responsibility.
   (e) An intermodal marine terminal operator shall not restrict
access of an intermodal motor carrier to an intermodal marine
terminal under any of the following circumstances:
   (1) The intermodal motor carrier is using the dispute resolution
process contained in the Uniform Intermodal Interchange and
Facilities Access Agreement to contest a charge, fee, or fine,
including a charge for maintenance and repairs imposed by the
intermodal marine terminal, as long as the dispute resolution process
is ongoing.
   (2) A specific vehicle or driver is unable to provide proof of
compliance with minimum levels of financial responsibility, provided
that the intermodal motor carrier is otherwise in compliance with
subdivision (a) or (b), if applicable.
   (3) The failure of an intermodal motor carrier to comply with the
additional minimum financial responsibility requirement under
subdivision (b), if the intermodal marine terminal has failed to post
a notice, as required, for at least 60 days prior to implementation
of the requirement.
   (f) An intermodal marine terminal may choose to end any additional
minimum financial responsibility requirement at any time and for any
reason. In that case, the intermodal marine terminal operator shall
post a notice at its gate and online to that effect.
   (g) For purposes of this section, "post a notice at its gate and
online" means that written notification is posted at the terminal
gate used by intermodal motor carriers and electronic notification is
posted on the terminal's Internet Web site and is accessible to the
public.