California Legislature—2013–14 Regular Session

Assembly BillNo. 528

Introduced by Assembly Member Lowenthal

February 20, 2013

An act to amend Section 14036 of the Government Code, relating to transportation.


AB 528, as introduced, Lowenthal. State Rail Plan.

Existing law requires the Department of Transportation to prepare a 10-year State Rail Plan biennially for submission to the Legislature, Governor, and specified entities. The plan consists of 2 elements, a passenger rail element and a freight rail element, and sets forth various items that are required to be included in each element.

This bill would make a nonsubstantive change to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1


Section 14036 of the Government Code is
2amended to read:



(a) The department shall prepare a 10-year State Rail
4Plan biennially for submission to the Legislature, the Governor,
5the Public Utilities Commission, and the California Transportation
6Commission. The plan shall be submitted to the California
7Transportation Commission on or before October 1, 1995, and on
8or before October 1 of each odd-numbered year thereafter, for its
9advice and consent, and to the Legislature, the Governor, and the
P2    1Public Utilities Commission by the following March 1. The plan
2shall consist of a passenger rail element and a freight rail element.

3(b) The passenger rail element shall contain all of the following:

4(1) For capital and operating subsidies and costs, all actual
5encumbrances for the prior two fiscal years; and for state
6operations, all actual expenditures for the prior two fiscal years.
7All revenues shall be identified by source.

8(2) For capital and operating subsidies, estimated encumbrances
9and revenues for the current year; and for state operations,
10estimated expenditures for the current year. The department shall
11use the same format as is required for prior year expenditures
12pursuant to paragraph (1).

13(3) For the budget year and the nine following fiscal years,
14proposed encumbrances for capital and operating subsidies and
15costsbegin delete shall beend deletebegin insert,end insert reported in the same format as is required for the
16prior year’s expenditures. For state operations, proposed
17expenditures for the budget year shall be reported.

18(4) The identification and cost of capital facilities necessary to
19enhance competitiveness of rail passenger services, including, for
20each intercity route, a list of at least the three highest priority
21capital improvement projects, with cost estimates and a funding

23(5) A performance evaluation of all services in operation for
24the two prior years, including performance trends, potential for
25efficiency and effectiveness, possible improvements, and strategies
26to achieve that potential. This shall include an evaluation of all
27feeder bus services, using, among other things, criteria based on
28ridership levels, break-even points, and levels of growth in service
29utilization. The number of daily feeder bus runs, if any, that failed
30to carry even one passenger shall be identified.

31(6) A recommendation of a level of and program for services
32over a 10-year period, including a list of service enhancements on
33existing and additional routes, with funding and priority
34recommendations. This shall include identification of feeder bus
35service improvements and a management and operating plan for
36achieving these improvements.

37(7) An evaluation of reports by regional planning agencies and
38county transportation commissions on commuter service
39alternatives in their regions, including presentation of their

P3    1(8) A map showing all existing intercity and commuter
2passenger rail routes and services, all proposed intercity and
3commuter passenger rail routes and services, and all intercity and
4commuter passenger rail routes and services that are the subject
5of feasibility studies.

6(9) A report on the expenditure of marketing activities funds
7for purchases of media advertising of rail passenger services.

8This report shall be prepared in consultation with the Public
9Utilities Commission and the National Rail Passenger Corporation.
10The department may consult with other agencies, organizations,
11and persons with expertise. The department shall employ realistic
12assumptions, using Public Utilities Commission cost data whenever
13possible, with respect to the level of services it can provide and
14the cost of these services when developing the program.

15(10) A discussion of the department’s overall marketing strategy
16as it relates to the intercity rail passenger service, including feeder
17bus service, and a report on the expenditure of marketing activities
18funds for purchases of media advertising of rail passenger services.

19(11) A discussion of fare policies and practices, including all
20of the following:

21(A) The relationship of fare policies to ridership and yield,
22including the impact of (A) a variety of regular fares, including
23fares such as midweek and other off-peak discounts, (B) discount
24fare blackouts during certain holiday travel periods on yield and
25ridership, and (C) discount fares for small groups traveling

27(B) Lightly traveled route segments where current fares are too
28high for the demand, and where ridership or yield, or both, would
29increase with lower fares.

30(C) A potential fare policy that would maximize both ridership
31and yield.

32(D) A summary of discussions with Amtrak on the subject of
33 fares.

34(c) The freight rail element shall contain all of the following:

35(1) Environmental aspects, which shall include air quality, land
36use, and community impacts.

37(2) Financing issues, which shall include a means to obtain
38federal and state funding.

39(3) Rail issues, which shall include regional, intrastate, and
40interstate issues.

P4    1(4) Intermodal connections, which shall include seaports and
2intermodal terminals.

3(5) Current system deficiencies.

4(6) Service objectives, such as improving efficiency,
5accessibility, and safety.

6(7) New technology, which shall include logistics and process

8(8) Light density rail line analyses, which shall include traffic
9density, track characteristics, project selection criteria, and
10benefit-cost criteria.