BILL ANALYSIS                                                                                                                                                                                                    �





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2013-2014 Regular Session                    |
          |                                                                 |
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          BILL NO: AB 2395                   HEARING DATE: June 10, 2014  
          AUTHOR: Lowenthal                  URGENCY: No  
          VERSION: May 8, 2014               CONSULTANT: Bill Craven   
          DUAL REFERRAL: Governance and FinanceFISCAL: No  
          SUBJECT: Oxnard Harbor District: infrastructure projects:  
          funding.  
          
          BACKGROUND AND EXISTING LAW
          Existing law establishes procedures for harbor districts to  
          borrow up to $1,000,000 for the purposes of acquiring land for  
          constructing or operating any work, project, or facilities. This  
          level of indebtedness must be authorized by a resolution adopted  
          by a two-thirds vote of the board of a harbor district. Existing  
          law also prohibits the term of a loan of funds from exceeding  
          five years and from incurring a rate of interest exceeding 12%. 

          PROPOSED LAW
          This bill would increase the amount that the Oxnard Harbor  
          District (District) can borrow and incur indebtedness from $1  
          million to 15% of the District's total assets, and establish the  
          procedures for doing so. It authorizes the District to borrow in  
          an amount of up to 15% of its total assets, as determined based  
          on the estimated values of the assets included in the Port of  
          Hueneme Comprehensive Annual Financial Report (CAFR). 

          Prior to any such borrowing, the District would hold a public  
          hearing. 

          Any such borrowing is subject to a 2/3 vote of the board. 

          The borrowed funds may be spent for the acquisition of any  
          interest in lands pursuant to current law, 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  
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          and fisheries in the District. 

          ARGUMENTS IN SUPPORT
          According to the author, "This bill authorizes the District to  
          incur indebtedness beyond a $1 million cap set in statute 30  
          years ago. This limitation does not accurately or adequately  
          account for the needs and escalated project costs of a modern  
          port competing in a global market. 
          She adds that the Port of Hueneme is the only deep water port on  
          the Pacific between the major ports of southern and northern  
          California. Although a deep water port, at a depth of only 35  
          feet MLLW (mean lower low water), the Port is limited in its  
          activities and applications. At least 40 feet MLLW is necessary  
          to accommodate the Port's anticipated needs into the next  
          several decades."
           

          The port has identified several projects, including harbor  
          deepening, that it would like to undertake. It estimates that an  
          increase in shipping containers, bulk items, auto, aggregate,  
          and fish could add more than 2000 jobs in the region and  
          generate significant local revenue and tax dollars. These  
          projects will require debt financing well beyond the limitation  
          set forth in existing law, according to the District, which also  
          supports this measure.

          The District provided estimates for the following infrastructure  
          projects: Deepening dredge and associated wharf improvements at  
          $8 to $12 million, shore power phase 2 at $2 million,  
          dockside/tank farm rail at $1 to $3 million, life cycle repairs  
          costs to restore capability to wharfs, parking areas and  
          structures at $10 million, and high mast lighting upgrades at  
          $500,000.

          ARGUMENTS IN OPPOSITION
          None received. 

          SUPPORT
          Port of Hueneme/Oxnard Harbor District
          California Special Districts Association

          OPPOSITION
          None Received




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