Article 1. Legislative Findings of California Harbors And Navigation Code >> Division 6. >> Part 1. >> Chapter 1. >> Article 1.
The Legislature finds and declares all of the following:
(a) The state has a compelling interest in the success of its
ports and harbors because they provide significant economic benefit
to the state in terms of jobs, personal income, business revenue, and
taxes. It is the policy of the state that, because of that
compelling interest, legislation in this area is a matter of
statewide concern and is necessary to develop the harbors and ports
of this state for the benefit of the people.
(b) Ports and harbors are the vital interface between water and
land transportation for trade with the Pacific Rim countries and
other trade. In this respect, the specific management of the state's
ports and harbors by specific harbor and port districts established
pursuant to Division 8 (commencing with Section 5800) are of equal
statewide concern and importance as the management of granted lands
held in trust for the state by a local port or harbor district.
(c) Historically, California's ports and harbors have been
self-supporting. Most port and harbor districts do not levy or expend
funds generated by local taxes, as most of their operations are
funded directly through fees and other revenue the ports generate
from their users or tenants, in addition to occasional state and
(d) The report of the California Transportation Commission
entitled "Improving Access to California's Ports," dated February
1990, found that eight hundred ninety-seven million dollars
($897,000,000) is needed for port access transportation projects. By
December 2014, the "California Freight Mobility Plan" report of the
Department of Transportation identified a comprehensive list of
freight projects in the state, including port access transportation
projects, with an estimated total cost of one hundred thirty-eight
billion dollars ($138,000,000,000).
(e) In addition to port access transportation projects, there is a
need for new harbor facilities and infrastructure investments that
will enhance California's competitiveness for international cargoes,
grow employment, yield significant economic development, increase
state and local tax revenues, and reduce impacts to environmental
quality from goods movement.
(f) Because of limited revenues from port operations, shrinking
federal and state funding and the increasing demand for those limited
funds, ports and harbors are no longer able to finance projects of
this magnitude without new funding mechanisms. One such mechanism
that can be used to finance port and harbor development projects is
the enhanced infrastructure financing district.
(g) It is the intent of the Legislature to assist in the reduction
of local borrowing costs, help accelerate the construction, repair,
and maintenance of port capital improvements, and promote greater use
of existing and new financial instruments and mechanisms.
(h) It is further the intent of the Legislature to assert the
state's plenary power over the financing of port and harbor
infrastructure by harbor agencies as matters of statewide concern and
to authorize the use of tax increment financing, as provided in
Chapter 2.99 (commencing with Section 53398.50) of Part 1 of Division
2 of Title 5 of the Government Code, to support investment of tax
revenues in port and harbor infrastructure.
(i) The Legislature empowers local legislative bodies with
specific and exclusive delegated authority to manage the state's
ports and harbors by legislative grant and by establishment of
special districts pursuant to this code. In addition, the Legislature
delegates to public financing authorities the power to establish
seaport infrastructure financing districts for the purpose of
leveraging investment in support of the statewide interest in
improving port and harbor infrastructure.