AB 2406

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 05, 2022
  • Passed Senate Aug 24, 2022
  • Signed by Governor Sep 30, 2022

Intermodal marine terminals.

Abstract

Existing law prohibits an intermodal marine equipment provider or intermodal marine terminal operator, as defined, from imposing per diem, detention, or demurrage charges on an intermodal motor carrier relative to transactions involving cargo shipped by intermodal transport under certain circumstances, including when an intermodal marine terminal decides to divert equipment without 48 hours' notice. This bill would also prohibit an intermodal marine container provider from imposing those charges, extended dwell charges, or commencing or continuing free time, as defined, on a motor carrier, as defined, beneficial cargo owner, or other intermediary relative to transactions involving cargo shipped by intermodal transport under certain circumstances. The bill would instead specify that those circumstances include when the intermodal marine container provider decides to divert equipment from the original interchange location without notice, as described above, and also include when the motor carrier documents an unsuccessful attempt to make an appointment for either a loaded or empty container transaction, as specified. The bill would also specify that those circumstances include when a return or delivery of an intermodal container is delayed because a booked vessel's receiving date changes, and when the obstacle to the cargo retrieval or return of equipment are within the scope of responsibility of the carrier or their agent and beyond the control of the invoices or contracting party. 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 charges or certain other charges from the motor carrier's freight bill. This bill would also prohibit an intermodal marine container provider from commencing or continuing free time if cargo is unavailable for retrieval and timely notice of cargo availability has not been provided. Existing law defines "intermodal marine terminal" to mean a marine terminal location or facility that engages in discharging or receiving equipment owned, operated, or controlled by an equipment provider. This bill would define "intermodal marine container provider" to mean the entity authorizing delivery or receipt of physical possession of the container with a motor carrier, beneficial cargo owner, or other intermediary. The bill would also define "satellite facility" to mean an intermodal yard, that is not a marine terminal, within the same local commercial territory that supports operations of an intermodal marine container provider or intermodal marine terminal, and would require any provisions related to acts at intermodal marine terminals to also be applied to acts at satellite facilities. This bill would specify that where these provisions are addressed by future federal law or regulation, and the federal law or regulation permits states to exceed the requirements set forth in the federal law or regulation, the more stringent provision shall govern.

Bill Sponsors (11)

Votes


Actions


Sep 30, 2022

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State - Chapter 868, Statutes of 2022.

Sep 06, 2022

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Aug 25, 2022

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0.).

Assembly

Assembly Rule 77(a) suspended.

Aug 24, 2022

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5059.).

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

Aug 18, 2022

Senate

Read second time. Ordered to third reading.

Aug 17, 2022

Senate

Read third time and amended. Ordered to second reading.

Jun 28, 2022

Senate

Read second time and amended. Ordered to third reading.

Jun 27, 2022

Senate

From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (June 21).

Jun 16, 2022

Senate

Read second time and amended. Re-referred to Com. on JUD.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Jun 15, 2022

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 15. Noes 0.) (June 14).

May 25, 2022

Senate

Referred to Coms. on TRANS. and JUD.

  • Referral-Committee
Coms. on TRANS. and JUD.

May 05, 2022

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 1. Page 4571.)

Apr 28, 2022

Assembly

Read second time. Ordered to third reading.

Apr 27, 2022

Assembly

Read second time and amended. Ordered returned to second reading.

Apr 26, 2022

Assembly

From committee: Amend, and do pass as amended. (Ayes 14. Noes 1.) (April 25).

Apr 18, 2022

Assembly

Re-referred to Com. on TRANS.

  • Referral-Committee
Com. on TRANS.

Apr 07, 2022

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

Mar 03, 2022

Assembly

Referred to Com. on TRANS.

  • Referral-Committee
Com. on TRANS.

Feb 18, 2022

Assembly

From printer. May be heard in committee March 20.

Feb 17, 2022

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB2406 HTML
02/17/22 - Introduced PDF
04/07/22 - Amended Assembly PDF
04/27/22 - Amended Assembly PDF
06/16/22 - Amended Senate PDF
06/28/22 - Amended Senate PDF
08/17/22 - Amended Senate PDF
08/29/22 - Enrolled PDF
09/30/22 - Chaptered PDF

Related Documents

Document Format
04/22/22- Assembly Transportation PDF
04/29/22- ASSEMBLY FLOOR ANALYSIS PDF
06/10/22- Senate Transportation PDF
06/17/22- Senate Judiciary PDF
06/28/22- Sen. Floor Analyses PDF
08/19/22- Sen. Floor Analyses PDF
08/24/22- ASSEMBLY FLOOR ANALYSIS PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.

If you notice any inconsistencies with these official sources, feel free to file an issue.