Cecilia Aguiar-Curry
- Democratic
- Assemblymember
- District 4
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.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 868, Statutes of 2022.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0.).
Assembly Rule 77(a) suspended.
Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5059.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (June 21).
Read second time and amended. Re-referred to Com. on JUD.
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 15. Noes 0.) (June 14).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 1. Page 4571.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 14. Noes 1.) (April 25).
From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
From printer. May be heard in committee March 20.
Read first time. To print.
Bill Text Versions | Format |
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AB2406 | HTML |
02/17/22 - Introduced | |
04/07/22 - Amended Assembly | |
04/27/22 - Amended Assembly | |
06/16/22 - Amended Senate | |
06/28/22 - Amended Senate | |
08/17/22 - Amended Senate | |
08/29/22 - Enrolled | |
09/30/22 - Chaptered |
Document | Format |
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04/22/22- Assembly Transportation | |
04/29/22- ASSEMBLY FLOOR ANALYSIS | |
06/10/22- Senate Transportation | |
06/17/22- Senate Judiciary | |
06/28/22- Sen. Floor Analyses | |
08/19/22- Sen. Floor Analyses | |
08/24/22- ASSEMBLY FLOOR ANALYSIS |
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