California 2021-2022 Regular Session

California Assembly Bill AB2406

Introduced
2/17/22  
Refer
3/3/22  
Report Pass
4/7/22  
Report Pass
4/7/22  
Refer
4/18/22  
Refer
4/18/22  
Report Pass
4/26/22  
Report Pass
4/26/22  
Engrossed
5/5/22  
Engrossed
5/5/22  
Refer
5/5/22  
Refer
5/5/22  
Refer
5/25/22  
Report Pass
6/15/22  
Report Pass
6/15/22  
Refer
6/16/22  
Refer
6/16/22  
Report Pass
6/27/22  
Report Pass
6/27/22  
Enrolled
8/25/22  
Enrolled
8/25/22  
Chaptered
9/30/22  
Passed
9/30/22  

Caption

Intermodal marine terminals.

Impact

The legislation establishes clearer guidelines that aim to balance the interests of intermodal marine container providers with those of motor carriers. By preventing the imposition of certain charges when specific conditions are not met, the bill limits unnecessary financial burdens on carriers who may otherwise face penalties during unmanageable situations. The changes could potentially foster a more equitable business environment, particularly for companies operating under tight margins in the logistics sector. It can also benefit cargo owners who engage with transport services, ensuring their shipments are handled without the pressure of unforeseen charges.

Summary

Assembly Bill No. 2406, authored by Aguiar-Curry, amends Section 22928 of the Business and Professions Code to provide protections for intermodal motor carriers and beneficial cargo owners regarding certain charges imposed by intermodal marine container providers and terminal operators. The bill stipulates that no per diem, detention, or demurrage charges can be imposed on carriers when certain conditions are met, such as lack of timely notice about equipment diversion or delays caused by factors outside the carrier's control. This addresses longstanding concerns about fairness in operational costs for carriers engaged in intermodal transport, enhancing regulatory clarity in a growing industry.

Sentiment

The sentiment towards AB 2406 appears to be broadly positive, particularly from groups advocating for fairness in trade practices. Supporters argue that the bill will reduce exploitation risks that motor carriers face when service providers impose arbitrary charges. However, it's likely that there were industries or stakeholders who raised concerns regarding how these changes could impact operational flexibility and responsiveness of marine terminal operators. The debate may accentuate existing tensions between maintaining operational fluidity and ensuring fair competitive practices.

Contention

Notable points of contention during discussions likely revolved around the extent to which the bill might restrict the operational capabilities of intermodal marine terminals and container providers. Critics might argue that too stringent regulations could hinder their ability to manage logistics effectively in a volatile environment where shipping demands frequently fluctuate. Therefore, the challenge lies in balancing the protection for carriers against the operational realities faced by terminal operators in the fast-paced intermodal transport industry.

Companion Bills

No companion bills found.

Previously Filed As

CA AB2863

Green building standards: bicycle parking.

CA AB1892

Medi-Cal: orthotic and prosthetic appliances.

CA AB2797

Decarbonizing Fuels Incentive.

CA AB2200

Online Jobs and Economic Support Resource Grant Program.

CA AB1594

Firearms: civil suits.

CA AB2571

Firearms: advertising to minors.

CA AB2576

Voter registration and outreach programs.

CA AB2830

The Community Assistance, Recovery, and Empowerment (CARE) Court Program.

Similar Bills

LA SB625

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CA SB338

Joint and several liability of port drayage motor carrier customers: health and safety violations: prior offenders: liability owed to the state.

CA AB1409

Intermodal roadability inspection program.

CA AB3151

Intermodal roadability inspection program.

CT SB00191

An Act Concerning Motor Carrier Indemnity Agreements.

CA AB1575

Intermodal chassis.

LA HB1134

Prohibits the contractual transfer of liability in motor carrier transportation contracts and construction contracts

CA SB34

Air pollution: South Coast Air Quality Management District: mobile sources: public seaports.