California Assembly Bill 2406
Session 20212022
Intermodal marine terminals.
Became Law
Became Law on Sep 30, 2022
Origin Chamber
Assembly
Type
Bill
Bill Number
2406
State
California
Session
20212022
Author
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Motion Text
AB 2406 Aguiar-Curry Concurrence in Senate Amendments
Assembly Roll Call Votes
Other
Yes
Other
Yes
Yes
Yes
Yes
Yes
Yes
Other
Haney
Yes
Yes
Yes
Other
Yes
Yes
Yes
Other
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Mike Fong
Yes
Other
Yes
Other
Yes
Yes
Yes
Yes
Wilson
Yes
Summary
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.
02/17/22 - Introduced
February 17, 2022
04/07/22 - Amended Assembly
April 7, 2022
04/27/22 - Amended Assembly
April 27, 2022
06/16/22 - Amended Senate
June 16, 2022
06/28/22 - Amended Senate
June 28, 2022
08/17/22 - Amended Senate
August 17, 2022
08/29/22 - Enrolled
August 29, 2022
09/30/22 - Chaptered
September 30, 2022
04/22/22- Assembly Transportation
April 22, 2022
04/29/22- ASSEMBLY FLOOR ANALYSIS
April 29, 2022
06/10/22- Senate Transportation
June 10, 2022
06/17/22- Senate Judiciary
June 17, 2022
06/28/22- Sen. Floor Analyses
June 28, 2022
08/19/22- Sen. Floor Analyses
August 19, 2022
08/24/22- ASSEMBLY FLOOR ANALYSIS
August 24, 2022
Sort by most recent
09/30/2022
California State Legislature
Chaptered by Secretary of State - Chapter 868, Statutes of 2022.
09/30/2022
California State Legislature
Approved by the Governor.
09/06/2022
California State Legislature
Enrolled and presented to the Governor at 4 p.m.
08/25/2022
Assembly
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0.).
08/25/2022
Assembly
Assembly Rule 77(a) suspended.
08/24/2022
Assembly
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
08/24/2022
Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5059.).
08/18/2022
Senate
Read second time. Ordered to third reading.
08/17/2022
Senate
Read third time and amended. Ordered to second reading.
06/28/2022
Senate
Read second time and amended. Ordered to third reading.
06/27/2022
Senate
From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (June 21).
06/16/2022
Senate
Read second time and amended. Re-referred to Com. on JUD.
06/15/2022
Senate
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 15. Noes 0.) (June 14).
05/25/2022
Senate
Referred to Coms. on TRANS. and JUD.
05/05/2022
Senate
In Senate. Read first time. To Com. on RLS. for assignment.
05/05/2022
Assembly
Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 1. Page 4571.)
04/28/2022
Assembly
Read second time. Ordered to third reading.
04/27/2022
Assembly
Read second time and amended. Ordered returned to second reading.
04/26/2022
Assembly
From committee: Amend, and do pass as amended. (Ayes 14. Noes 1.) (April 25).
04/18/2022
Assembly
Re-referred to Com. on TRANS.
04/07/2022
Assembly
From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
03/03/2022
Assembly
Referred to Com. on TRANS.
02/18/2022
Assembly
From printer. May be heard in committee March 20.
02/17/2022
Assembly
Read first time. To print.
Sources
Record Created
Feb 18, 2022 12:16:51 PM
Record Updated
Nov 30, 2022 6:25:16 PM