Alameda Corridor Transportation Authority.

Existing law authorizes the Alameda Corridor Transportation Authority, a joint powers agency, to issue revenue bonds for the purpose of designing and constructing a consolidated transportation corridor to improve highway or rail access to the Ports of Long Beach and Los Angeles, with debt service on the bonds to be paid from various sources, including railroad or truck use fees. This bill would require the authority to adopt and publish a tariff under which a use fee for movement of cargo on the Alameda Corridor rail system is imposed on users, defined to mean any person, company, or other entity that is named as the shipper or consignee on the ocean carrier bill of lading for export or import cargo or various other persons or entities, as specified. The bill would require the authority to contract with an independent 3rd-party collection agency to collect the use fee. The bill would require the tariff to include certain provisions for its enforcement in case of delinquency, including refusal of service and a lien on cargo, and would also require the tariff to include a prohibition against payment, waiver, advancement, or absorbtion of the use fee by any ocean common carrier or railroad operator on behalf of a user. The bill would require a user to waive any damages or other claims as a result of enforcement of the tariff, and would provide that the only remedy in case of error would be the waiver or refund of the use fee applicable to the cargo. The bill would require railroad operators operating on the corridor to provide the authority with certain information about a user's cargo. The bill would enact other related provisions. By requiring the authority to take various actions, the bill would thereby impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.