BILL NUMBER: SB 1117 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 29, 2012
PASSED THE ASSEMBLY AUGUST 23, 2012
AMENDED IN ASSEMBLY AUGUST 20, 2012
AMENDED IN ASSEMBLY JULY 5, 2012
AMENDED IN ASSEMBLY JUNE 26, 2012
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE MARCH 29, 2012
INTRODUCED BY Senator DeSaulnier
(Coauthor: Assembly Member Bonnie Lowenthal)
FEBRUARY 17, 2012
An act to amend Sections 14036 and 14522 of the Government Code,
and to add Section 185033.1 to the Public Utilities Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1117, DeSaulnier. Passenger rail: planning.
Existing law creates the California Transportation Commission,
with various powers and duties relating to the programming and
allocation of certain funds available for transportation capital
improvement projects and various other transportation policy matters,
and authorizes the commission to develop guidelines for preparation
of regional transportation plans. Existing law creates the Department
of Transportation with various powers and duties relating to the
state highway system and other transportation modes, including the
authority to contract for conventional rail passenger service.
Existing law requires the department to prepare a 10-year State Rail
Plan on a biennial basis, with both passenger and freight rail
elements. Existing law creates the High-Speed Rail Authority to
develop and implement a high-speed rail system in the state, with
specified powers and duties, including preparation of a business plan
on a biennial basis. Existing law, pursuant to the Safe, Reliable
High-Speed Passenger Train Bond Act for the 21st Century, provides
for the issuance of $9.95 billion in general obligation bonds for
high-speed rail and related purposes.
This bill would require the California Transportation Commission
to include in its guidelines for regional transportation plans policy
direction regarding the integration of all passenger rail services
into a coordinated system with emphasis on intermodal facilities and
cost-effective rail services, as specified. The bill would revise the
requirements for the 10-year state rail plan prepared by the
department to require the plan to be consistent with the federal
Passenger Rail Investment and Improvement Act of 2008 and to contain
various passenger and freight rail elements, including, among other
things, plans for a comprehensive and integrated statewide rail
system, a statement of the state's passenger rail service objectives,
and identification of improvements that have utility both for
freight and passenger rail services. The bill would delete the
requirement that the state rail plan be prepared on a biennial basis.
The bill would require the department to submit a draft plan under
these new requirements for review and comment to the commission and
authority by December 1, 2015, and would require public hearings on
the plan. The bill would require the final plan to be approved by the
Secretary of Business, Transportation and Housing by March 1, 2016,
and then to be submitted to the Legislature, Governor, and various
state agencies. The bill would require the plan to be updated at
least every 5 years.
This bill would also impose certain requirements on the High-Speed
Rail Authority with regard to implementation of blended systems by
the authority, including preparation of a plan in that regard, by
December 31, 2013, which would be incorporated into the authority's
business plan and would be required to be consistent with any written
agreements with 3rd parties operating or hosting connecting
passenger rail services, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Passage of the federal Passenger Rail Investment and
Improvement Act of 2008 (PRIIA) requires comprehensive rail plans in
order for states to be eligible for new federal rail capital grants.
To comply with federal law, the state rail plan must include, at a
minimum, all of the following:
(1) An inventory of the existing transportation system and rail
services and facilities within the state, and an analysis of the role
of rail transportation within the state's surface transportation
system.
(2) A review of all rail lines within the state, including
proposed high-speed rail corridors.
(3) A statement of the state's passenger rail objectives.
(4) A general analysis of the transportation, economic, and
environmental impacts of rail in the state, including congestion
mitigation, trade and economic development, air quality, land use,
energy use, and community impacts.
(5) A long-range investment program for current and future freight
and passenger rail infrastructure in the state.
(b) The Department of Transportation, pursuant to Section 14036 of
the Government Code, is responsible for the preparation of a 10-year
state rail plan, to be updated biennially. Furthermore, the
department has been designated by the Federal Railroad Administration
as the responsible agency for development of the federally required
state rail plan.
(c) In addition to the PRIIA requirements, California should build
upon its existing rail planning activities, as follows:
(1) To foster more complete integration of passenger rail
throughout the transportation system, including high-speed,
intercity, commuter, and connections to urban passenger rail systems.
(2) To support the state's goal of an integrated, multimodal
transportation system and to establish a framework for the delivery
of cost-effective rail services in California that promote climate
stabilization, job access, environmental enhancements, and improved
mobility.
(3) To address issues relating to the shared use of rail lines by
freight and passenger services and compliance with the grant
provisions of Section 24405(c) of Title 49 of the United States Code.
(4) To provide detailed insight into the concerns facing the state'
s transportation system and to set forth a vision of how rail
transportation can address those issues.
SEC. 2. Section 14036 of the Government Code is amended to read:
14036. (a) The department shall prepare a 10-year State Rail
Plan. The plan shall consist of a passenger rail element and a
freight rail element. Pursuant to Section 22702 of Title 49 of the
United States Code, the department is designated as the state rail
transportation authority to prepare, maintain, coordinate, and
administer the plan.
(b) The passenger rail element shall:
(1) Comply with the requirements set forth in the federal
Passenger Rail Investment and Improvement Act of 2008 (PRIIA; Public
Law 110-432).
(2) Include plans for a comprehensive and integrated statewide
passenger rail system, including high-speed rail, conventional
intercity and commuter rail, and connections to urban rail systems.
(3) Review all high-speed rail routes, the rail freight system,
conventional intercity and commuter rail systems, and urban rail
system connections to high-speed rail and conventional intercity and
commuter rail systems, including a statement of the state's passenger
rail objectives for routes in the state.
(4) In consultation with the freight railroad industry, identify
improvements that have utility to both rail freight and passenger
rail services in the state.
(5) Include an inventory of the existing rail transportation
system and rail services and facilities in the state, and an analysis
of the role of rail transportation within the state's overall
transportation system.
(6) The freight rail element of the plan and any recommendations
related to the freight rail system shall include a recognition that
implementation of the recommended passenger rail services shall be
contingent upon a negotiated agreement between a freight rail
operator and the passenger service sponsor or operator.
(c) The freight rail element shall contain all of the following:
(1) Environmental aspects, which shall include air quality, land
use, and community impacts.
(2) Financing issues, which shall include a means to obtain
federal and state funding.
(3) Rail issues, which shall include regional, intrastate, and
interstate issues. In this regard, the used and unused capacity of
freight railroads shall be considered an asset to the economic
well-being of the state as it supports the state's role as the nation'
s gateway for international trade, provides an environmentally
preferred alternative for the movement of goods, and supports the
employment opportunities in logistics industry.
(4) Intermodal connections, which shall include seaports and
intermodal terminals.
(5) Current system deficiencies.
(6) Service objectives, such as improving efficiency,
accessibility, and safety.
(7) New technology, which shall include logistics and process
improvement.
(8) Light density rail line analyses, which shall include traffic
density, track characteristics, project selection criteria, and
benefit-cost criteria.
(d) (1) The department shall submit, for review and comment, a
draft plan developed pursuant to this section to the High-Speed Rail
Authority and the commission on or before December 1, 2015.
(2) Prior to final adoption of the plan, the department shall hold
at least two public workshops on the draft plan, with at least one
workshop in northern California and one in southern California.
(3) On or before March 1, 2016, the final plan shall be submitted
to the Business, Transportation and Housing Agency for approval
pursuant to Section 22702 of Title 49 of the United States Code.
(4) The approved plan shall thereafter be submitted to the
Legislature, the Governor, the Public Utilities Commission, the
High-Speed Rail Authority, and the commission.
(e) The plan shall be updated, at a minimum, every five years
thereafter. The process for review and approval shall be essentially
the same as provided for the initial plan pursuant to subdivision
(d).
SEC. 3. Section 14522 of the Government Code is amended to read:
14522. In cooperation with the regional transportation planning
agencies, the commission may prescribe study areas for analysis and
evaluation by such agencies and guidelines for the preparation of the
regional transportation plans.
The commission shall include in these guidelines policy direction
regarding the integration of all passenger rail services, including
high-speed, intercity, commuter, and urban passenger rail services,
into a coordinated system with an emphasis on intermodal facilities
connecting the various passenger rail systems with each other as well
as with the overall transportation system, and provision of
cost-effective passenger rail services that contribute to climate
stabilization, job access, environmental enhancements, and improved
mobility.
SEC. 4. Section 185033.1 is added to the Public Utilities Code, to
read:
185033.1. (a) Consistent with Proposition 1A (2008) and the
policy objectives set forth in the State Rail Plan adopted pursuant
to Section 14036 of the Government Code, the authority shall plan for
implementation of blended systems, consistent with its business plan
prepared pursuant to Section 185033 and consistent with any written
agreements with third parties operating or hosting rail passenger
services in the conventional intercity and commuter rail corridors
and in the Phase I corridors, upon which the blended systems will
operate, or to which the blended systems will connect. The authority'
s plan pursuant to this section shall include, at a minimum, both of
the following:
(1) Identification of investments in passenger rail projects in
the Phase I high-speed rail corridor (San Francisco Transbay
Terminal-Los Angeles Union Station-Anaheim) that benefit conventional
intercity and commuter rail services that are compatible with being
upgraded to high-speed rail service in the future.
(2) Investments in operable segments in the Phase I high-speed
rail corridor that generate sufficient passenger revenue to be
attractive to private investors.
(b) In developing the blended program, the authority shall do both
of the following:
(1) Consult with the department, regional transportation planning
agencies, agencies administering or operating commuter rail, freight
railroads operating in the conventional intercity and commuter rail
corridors and in the Phase I corridors, and firms that have
experience in commercial high-speed intercity rail operations.
(2) Ensure the blended program is consistent with any written
agreements with third parties operating or hosting passenger rail
services in the conventional intercity and commuter rail corridors
and in the Phase I corridors, upon which the blended systems will
operate, or to which the blended systems will connect.
(c) The authority shall submit a draft of its blended program to
the California Transportation Commission, the department, and the
Legislature on or before December 31, 2013. The program shall
subsequently be incorporated into the authority's business plan
prepared pursuant to Section 185033.