BILL NUMBER: AB 600 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Bonta
FEBRUARY 20, 2013
An act to amend Section 43701 of the Health and Safety
Code, relating to vehicular air pollution. 22928 of
the Business and Professions Code, relating to business .
LEGISLATIVE COUNSEL'S DIGEST
AB 600, as amended, Bonta. Heavy-duty vehicles: smoke
emissions. Intermodal marine terminals.
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.
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.
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.
This bill would make a technical, nonsubstantive change to this
provision.
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. Section 22928 of the
Business and Professions Code is amended to read:
22928. (a) The Legislature finds and declares that unilateral
termination, suspension, or restriction of equipment interchange
rights of an intermodal motor carrier shall not result from
intermodal marine terminal actions as specified in
subdivision (b).
(b) An intermodal marine equipment provider or
intermodal marine terminal operator shall not impose per diem,
detention, or demurrage charges on an intermodal motor carrier
relative to transactions involving cargo shipped by intermodal
transport under any of the following circumstances:
(1) When the intermodal marine or terminal truck gate is closed
during posted normal working hours. No per diem, detention, or
demurrage charges shall be imposed on a weekend or holiday, or during
a labor disruption period, or during any other period involving an
act of God or any other planned or unplanned action that closes the
truck gate.
(2) When the intermodal marine terminal decides to divert the
return of equipment from the point at which it was
interchanged without 48 hours' electronic or written
notification to the motor carrier having possession of the
equipment .
(3) When the intermodal marine terminal is assessed a fine
pursuant to Section 40720 of the Health and Safety Code.
(4) When the intermodal marine terminal
equipment is out of compliance pursuant to
not compliant as required in Section 34505.9 of the Vehicle
Code or the equipment is warrants being
placed out of service.
(5) When a loaded container or the chassis on which it is
mounted is not available for pickup when the motor carrier
arrives at the intermodal marine terminal.
(6) When the intermodal marine terminal is too congested to
safely or reasonably accept the container and the
intermodal marine terminal turns away the motor carrier.
(c) An intermodal marine equipment provider
shall not take any of the following actions:
(1) Charge back, deduct, or offset per diem charges, maintenance
and repair charges, or peak hour pricing from a motor carrier's
freight bill.
(2) Unilaterally terminate, suspend, or restrict the equipment
interchange rights of a motor carrier or driver that uses 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, while the dispute resolution process is
ongoing or after a challenge by a motor carrier is resolved in
the motor carrier's favor .
(3) Unilaterally terminate, suspend, or restrict the equipment
interchange rights of a motor carrier for late payment of an
undisputed invoice from the intermodal marine terminal, provided that
the payment is no more than 60 days late.
(4) Unilaterally terminate, suspend, or restrict the equipment
interchange rights of a motor carrier or driver for parking tickets
issued by the marine terminal unless the tickets remain unpaid more
than 60 days after being in actual physical receipt of the
driver or motor carrier. No parking tickets shall be issued by the
marine terminal to a driver or motor carrier for a parking violation
if the assigned spot was occupied and the trouble window or terminal
administration was unable to immediately provide a place to park, or
if the driver was instructed to park the equipment in a different
spot by marine terminal personnel or security.
(5) Willfully attempt to circumvent any provisions of this section
or to fail, for any reason other than what is specified in the
governing port tariff, to collect demurrage when due and payable and
when consistent with this section. An intermodal motor carrier shall
not be liable for any portion of demurrage when an intermodal
container is not picked up during free time, which is the time period
before demurrage charges are to be applied.
(6) Require a motor carrier to return intermodal equipment to a
location other than the physical location at which the equipment was
received, unless the intermodal equipment provider directs,
reasonably in advance of the commencement of the chargable demurrage,
the equipment to be returned to a satellite location as governed by
a written bilateral agreement between the intermodal equipment
provider and the motor carrier. An intermodal equipment provider
shall not unilaterally require a motor carrier to return intermodal
equipment to a satellite location by notifying a motor carrier
through a posting on an Internet Web site, electronic mail, shipping
order, or any method of communication not specified in the written
bilateral agreement between the intermodal equipment provider and the
motor carrier.
(d) As used in this chapter:
(1) "Per diem," "detention," or "demurrage" means a charge imposed
by an equipment provider or marine terminal operator for late return
or pickup of an empty or a loaded intermodal container and chassis.
(2) "Closed" means not open or available to receive equipment. The
marine terminal shall have posted working hours, and "closed" shall
mean that the terminal is not open to release or accept equipment
during those posted working hours.
(3) "Divert equipment" means the motor carrier has been directed
to return the equipment to a location different from the location
where the equipment was picked up by the motor carrier.
(4) "Shall not impose per diem, detention, or demurrage charges on
an intermodal carrier" shall apply to the day or days in question
that an occurrence referenced in subdivision (b) took place.
(5) "Intermodal marine terminal" means a marine terminal location
or facility that engages in discharging or receiving equipment owned,
operated, or controlled by an equipment provider.
(6) "Written or electronic notification" means any communication
by postal letter, facsimile, electronic mail, or other electronic
notification.
(7) "Intermodal equipment provider" means any party authorizing
delivery or receipt of physical possession of equipment with a motor
carrier commonly used in the road transport of intermodal freight,
including, but not limited to, trailers, chassis, containers, and
associated devices, but excluding, tractors. This definition applies
to all intermodal equipment providers, regardless of whether the
party participates in the Uniform Intermodal Interchange and
Facilities Access Agreement.
SECTION 1. Section 43701 of the Health and
Safety Code is amended to read:
43701. (a) (1) Not later than July 15, 1992, the state board, in
consultation with the bureau and the review committee established
pursuant to subdivision (a) of Section 44021, shall adopt, after a
public hearing, regulations that require that owners or operators of
heavy-duty diesel motor vehicles perform regular inspections of their
vehicles for excessive emissions of smoke. The inspection procedure,
the frequency of inspections, the emission standards for smoke, and
the actions the vehicle owner or operator is required to take to
remedy excessive smoke emissions shall be specified by the state
board. Those standards shall be developed in consultation with
interested parties. The smoke standards adopted under this
subdivision shall not be more stringent than those adopted under
Chapter 5 (commencing with Section 44000).
(2) (A) On or before December 31 of each year, a fleet shall
comply with the regulations and standards for that calendar year.
(B) For purposes of this paragraph, "fleet" means any group of two
or more heavy-duty diesel-fueled vehicles that are owned or operated
by the same person.
(b) Not later than December 15, 1993, the state board shall, in
consultation with the State Energy Resources Conservation and
Development Commission, and after a public hearing, adopt regulations
that require that heavy-duty diesel motor vehicles subject to
subdivision (a) utilize emission control equipment and alternative
fuels. The state board shall consider, but not be limited to, the use
of cleaner burning diesel fuel, or other methods that will reduce
gaseous and smoke emissions to the greatest extent feasible, taking
into consideration the cost of compliance. The regulations shall
provide that any significant modification of the engine necessary to
meet these requirements shall be made during a regularly scheduled
major maintenance or overhaul of the vehicle's engine. If the state
board requires the use of alternative fuels, it shall do so only to
the extent those fuels are available.
(c) The state board shall adopt emissions standards and procedures
for the qualification of any equipment used to meet the requirements
of subdivision (b), and only qualified equipment shall be used.
(d) To the extent permissible under federal law, commencing
January 1, 2006, the owner or operator of any commercial motor truck,
as defined in Section 410 of the Vehicle Code, with a gross vehicle
weight rating (GVWR) greater than 10,000 pounds that enters the state
for the purposes of operating in the state shall maintain, and
provide upon demand to enforcement authorities, evidence
demonstrating that its engine met the federal emission standards
applicable to commercial heavy-duty engines for that engine's
model-year at the time it was manufactured, pursuant to the protocol
and regulations developed and implemented pursuant to subdivision
(e).
(e) The state board, not later than January 1, 2006, in
consultation with the Department of the California Highway Patrol,
shall develop, adopt, and implement regulations establishing an
inspection protocol for determining whether the engine of a truck
subject to the requirements of subdivision (d) met the federal
emission standard applicable to heavy-duty engines for that engine's
model-year at the time it was manufactured.