BILL NUMBER: AB 1779	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2012
	AMENDED IN ASSEMBLY  APRIL 9, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Galgiani
   (  Coauthor:   Assembly Member 
 Olsen   Coauthors:   Assembly Members
  Olsen   and Perea  )
    (   Coauthor:   Senator   Wolk
  ) 

                        FEBRUARY 21, 2012

   An act to amend Sections 14031.8, 14070.2, and 14070.6 of, and to
repeal and add Article 5.4 (commencing with Section 14074) of Chapter
1 of Part 5 of Division 3 of Title 2 of, the Government Code,
relating to transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1779, as amended, Galgiani. Intercity rail agreements.
   Existing law authorizes the Department of Transportation to
contract with Amtrak for intercity rail passenger services and
provides funding for these services from the Public Transportation
Account. Existing law, until December 31, 1996, authorized the
department, subject to approval of the Secretary of Business,
Transportation and Housing, to enter into an interagency transfer
agreement under which a joint powers board assumes responsibility for
administering the state-funded intercity rail service in a
particular corridor. Existing law, with respect to a transferred
corridor, requires the board to demonstrate the ability to meet
performance standards established by the secretary.
   This bill would authorize the department, with the approval of the
secretary, to enter into an additional interagency transfer
agreement with respect to the San Joaquin Corridor, as defined, if a
joint powers authority and governing board are created and organized.
In that regard, the bill would provide for the creation of the San
Joaquin Corridor Joint Powers Authority, to be governed by a board of
not more than 11 members. The bill would provide that the board
shall be organized when at least 6 of the 11 agencies elect to
appoint members. The bill would provide for the authority to be
created when the member agencies enter into a joint powers agreement,
as specified. Only those agencies that appoint members by December
31, 2013, would be member agencies of the authority. The bill would
provide for future appointments of additional members if the service
boundaries of the San Joaquin Corridor are expanded.
   Existing law provides for the allocation of state funds by the
secretary to a joint powers board under an interagency transfer
agreement based on the annual business plan for the intercity rail
corridor and subsequent appropriation of state funds.
   This bill, with respect to the San Joaquin Corridor, would provide
that  specified   local  resources
 for transit purposes  shall not be available to
offset any redirection, elimination, reduction, or reclassification
of state resources for operating intercity rail services.
   This bill would authorize the secretary to adopt new performance
standards by December 31, 2014, for intercity rail services. The bill
would make other related changes.
   Existing law authorizes the department and any entity that assumes
administrative responsibility for passenger rail services through an
interagency transfer agreement to contract with specified entities
for the use of tracks and other facilities and for the provision of
passenger rail services.
   This bill would require a contractor under an agreement described
above to agree that its labor relations shall be governed by a
specified federal act relating to labor relations on railroads.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known and may be cited as the
Intercity Passenger Rail Act of 2012 for the San Joaquin Corridor.
  SEC. 2.  (a) The Legislature finds and declares all of the
following:
   (1) An intercity rail passenger system, linking major urban
centers and complemented by feeder bus services that provide access
to outlying areas and destinations, is an important element of the
state's transportation system, and shall remain a state-funded
program.
   (2) The state has a continuing interest in the provision of
cost-effective intercity rail passenger services and has a
responsibility to coordinate intercity rail passenger services
statewide.
   (3) Since 1976, the state has invested over one billion eight
hundred million dollars ($1,800,000,000) in capital improvements and
operating support for intercity rail passenger service and must
ensure the protection of that investment.
   (4) Intercity rail service and ridership increases will result in
more jobs, improve air quality, and help promote sustainable
development.
   (b) The Legislature, through the enactment of this act, intends
all of the following:
   (1) The Secretary of Business, Transportation and Housing shall be
responsible for the overall planning, coordination, and budgeting of
the intercity passenger rail service. 
   (2) If the secretary determines that transferring responsibility
for intercity rail service in a particular corridor or corridors to a
statutorily created joint powers agency would result in
administrative or operating cost reductions, the secretary may
authorize the Department of Transportation to enter into an
interagency transfer agreement to effect a transfer of those
administrative functions.  
   (3) 
    (2)  Any intercity rail corridor for which
administrative responsibility has been transferred to a joint powers
board through an interagency transfer agreement shall remain as a
component of the statewide system of intercity rail corridors.

   (4) 
    (3)  The public interest requires expansion of the state
intercity rail program in order to keep pace with the needs of an
expanding population. 
   (5) 
    (4)  For not less than a five-year period, the level of
state funding for intercity rail service in each corridor should be
maintained at a level equal to at least the current level of service
in the corridor, thus providing fiscal stability that will allow
appropriate planning and operation of these services. 
   (c) If the secretary determines that transferring responsibility
for intercity rail service in a particular corridor or corridors to a
statutorily created joint powers agency would result in
administrative or operating cost reductions, the secretary may
authorize the Department of Transportation to enter into an
interagency transfer agreement to effect a transfer of those
administrative functions. 
  SEC. 3.  Section 14031.8 of the Government Code is amended to read:

   14031.8.  (a) The Secretary of Business, Transportation and
Housing shall establish, through an annual budget process, the level
of state funding available for the operation of intercity passenger
rail service in each corridor.
   (b) Where applicable, operating funds shall be allocated by the
secretary to the joint powers board in accordance with an interagency
transfer agreement that includes mutually agreed-upon rail services.
Funds for the administration and marketing of services, as
appropriate, shall also be transferred by the secretary to the joint
powers board, subject to the terms of the interagency transfer
agreement.
   (c) The joint powers board or local or regional entities may, but
shall not be required to, augment state-provided resources to expand
intercity passenger rail services, or to address funding shortfalls
in achieving agreed-upon performance standards.  However,
notwithstanding Section 99233.4 or 99260.5 of, or subdivision (b) of
Section 99400 of, the Public Utilities Code, or any other provision
of law, the joint powers board or local or regional agencies relative
to the San Joaquin Corridor shall not use existing sources of
transit funding for this purpose, including, but not limited to,
funds made available under the Mills-Alquist-Deddeh Act, commonly
known as the Transportation Development Act (Chapter 4 (commencing
with Section 99200) of Part 11 of Division 10, of the Public
Utilities Code), or under the State Transportation Assistance Program
pursuant to Sections 99313 and 99314 of the Public Utilities Code.
 The joint powers board or local or regional agencies with
regard to the San Joaquin Corridor may identify and secure new
supplemental sources of funding for the purpose of expanding or
maintaining intercity rail passenger service levels, which may
include state and federal intercity rail resources.
   (d) The department may provide any support services as may be
mutually agreed upon by the joint powers board and the department.
   (e) Operating costs shall be controlled by dealing with, at a
minimum, the current Amtrak cost allocation formula, which, beginning
in federal fiscal year 2013-14, will be subject to Section 209 of
the federal Passenger Rail Investment and Improvement Act, and the
ability to contract out to Amtrak or other rail operators as a part
of federal legislation dealing with Amtrak reauthorization.
   (f) Not later than December 31, 1997, the secretary shall
establish a set of uniform performance standards for all corridors
and operators to control cost and improve efficiency. To the extent
necessary, as determined by the secretary, performance standards may
be modified not later than December 31, 2014, relative to including
the San Joaquin Corridor among the corridors subject to an
interagency transfer agreement.
   (g) Notwithstanding any other provision of this section, with
regard to the San Joaquin Corridor, local resources described in
subdivision (c) shall not be available for expenditure to offset any
redirection, elimination, reduction, or reclassification of state
resources for operating intercity rail services.
  SEC. 4.  Section 14070.2 of the Government Code is amended to read:

   14070.2.  (a) If authorized by the secretary, the department may,
through an interagency transfer agreement, transfer to a joint powers
board, and the board may assume, all responsibility for
administering intercity passenger rail service in the corridor. Upon
the date specified in the agreement, the board shall succeed to the
department's powers and duties relative to that service, except that
the department shall retain responsibility for developing budget
requests for the service through the state budget process, which
shall be developed in consultation with the board, and for
coordinating service in the corridor with other intercity passenger
rail services in the state.
   (b) (1) Except as otherwise provided in paragraph (2), the
interagency transfer agreement shall be executed on or before
December 31, 1996.
   (2) With respect to the San Joaquin Corridor, the interagency
transfer agreement shall be executed on or before December 31, 2013.
   (c) The secretary shall require the board to demonstrate the
ability to meet the performance standards established by the
secretary pursuant to subdivision (f) of Section 14031.8.
  SEC. 5.  Section 14070.6 of the Government Code is amended to read:

   14070.6.  The department and any entity that assumes
administrative responsibility for intercity passenger rail services
through an interagency transfer agreement, may, through a competitive
solicitation process, contract with the National Railroad Passenger
Corporation (Amtrak) or with organizations not precluded by state or
federal law to provide intercity passenger rail services, and may
contract with rail corporations and other rail operators for the use
of tracks and other facilities and for the provision of intercity
passenger services on terms and conditions as the parties may agree.
The department is deemed to be a third-party beneficiary of the
contract, and the contract shall not contain any provision or
condition that would negatively impact on or conflict with any other
contracts the department has regarding intercity passenger rail
services. Any entity that succeeds the department as sponsor of
state-supported intercity passenger rail services through an
interagency transfer agreement is deemed an agency of the state for
all purposes related to intercity passenger rail services, including
Section 5311 of Title 49 of the United States Code. If the intercity
passenger rail service is operated by a contractor, the contractor
shall, as a condition of entering into an operating agreement with
the entity, agree that its labor relations shall be governed by the
federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.).
  SEC. 6.  Article 5.4 (commencing with Section 14074) of Chapter 1
of Part 5 of Division 3 of Title 2 of the Government Code is
repealed.
  SEC. 7.  Article 5.4 (commencing with Section 14074) is added to
Chapter 1 of Part 5 of Division 3 of Title 2 of the Government Code,
to read:

      Article 5.4.  San Joaquin Corridor


   14074.  As used in this article, the following terms have the
following meanings:
   (a) "Authority" or "San Joaquin Joint Powers Authority" means a
joint exercise of powers agency formed under Chapter 5 (commencing
with Section 6500) of Division 7 of Title 1 for purposes of assuming
administrative responsibility for the San Joaquin Corridor under an
interagency transfer agreement pursuant to Article 5 (commencing with
Section 14070).
   (b) "Board" means the governing board of the San Joaquin Joint
Powers Authority established under Section 14074.2.
   (c) "San Joaquin Corridor" or "corridor" means the Los
Angeles-Bakersfield-Fresno-Stockton-Sacramento-San Francisco Bay Area
intercity passenger rail corridor.
   14074.2.  (a) There is hereby created the San Joaquin Joint Powers
Board, subject to being organized pursuant to subdivision (b).
Except as otherwise provided in subdivision (b), the board shall be
composed of not more than 11 members, as follows:
   (1) One member of the board of directors of the Sacramento
Regional Transit District, appointed by that board.
   (2) One member of the board of directors of the San Joaquin
Regional Rail Commission, appointed by that board, who shall be a
resident of San Joaquin County.
   (3) One member of the board of directors of the Stanislaus Council
of Governments, appointed by that board.
   (4) One member of the board of directors of the Merced County
Association of Governments, appointed by that board.
   (5) One member of the board of directors of the Madera County
Transportation Commission, appointed by that board.
   (6) One member of the board of directors of the Fresno Council of
Governments, appointed by that board.
   (7) One member of the board of directors of the Kings County
Association of Governments, appointed by that board.
   (8) One member of the board of directors of the Tulare County
Association of Governments, appointed by that board.
   (9) One member of the board of directors of the Kern Council of
Governments, appointed by that board.
   (10) One member of the board of directors of a regional
transportation agency or rail transit operator that serves Contra
Costa County, appointed by ____, who shall be a resident of the
county.
   (11) One member of a regional transportation agency or rail
transit operator that serves Alameda County, appointed by ____, who
shall be a resident of the county.
   (b) The board shall be organized when at least six of the agencies
described in paragraphs (1) to (11), inclusive, of subdivision (a)
elect to appoint a member to serve on the board. Only those agencies
that appoint members to serve on the board prior to December 31,
2013, shall be member agencies of the authority and be represented on
the board. However, if the rail service boundaries of the San
Joaquin Corridor are extended, an additional member from each
additional county receiving rail service may be added to the board
through a decision of the board.
   14074.4.  This authority shall be created only if the agencies
that would be represented on the board enter into a joint exercise of
powers agreement to form the agency.
   14074.6.  The board shall make its decisions in accordance with
the votes of its members, with a majority vote required for all
matters with the exception of the approval of the business plan ,
revisions to that plan, and the addition of new members pursuant to
subdivision (b) of Section 14074.2, which shall require a two-thirds
vote of the members.
   14074.8.  The Steering Committee of the Caltrans Rail Task Force
shall remain in existence. If a joint powers authority is formed
pursuant to this article and an interagency transfer agreement is
executed pursuant to subdivision (b) of Section 14070.2, the Steering
Committee of the Caltrans Rail Task Force shall become the Steering
Committee of the San Joaquin Joint Powers Authority for the purpose
of advising the joint powers board.