Amended in Assembly April 16, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 528

Introduced by Assembly Member Lowenthal

February 20, 2013

An act tobegin insert repeal Sections 14036.2 and 14036.3 of, and toend insert repeal and add Section 14036 ofbegin insert,end insert the Government Code, and to amend Section 185033 of the Public Utilities Code, relating to transportation.


AB 528, as amended, Lowenthal. State Rail Plan: High-Speed Rail Authority business plan.

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begin insert (1)end insertbegin insertend insertbegin insertExistingend insert 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. Existing lawbegin insert separatelyend insert requires the High-Speed Rail Authority to prepare, publish, adopt, and submit to the Legislature, not later than January 1, 2012, and every 2 years thereafter, a specified business plan, with specified elements, and to publish, at least 60 days prior to the publication of the plan, a draft business plan for public review and comment, as specified.

This bill would revise and recast the items required to be included in the 2 elements of thebegin insert 10-yearend insert State Rail Plan andbegin insert would eliminate the 10-year timeframe for the State Rail Plan. The billend insert would change thebegin insert firstend insert date to May 1, 2014, by which the High-Speed Rail Authority is required to prepare, publish, adopt, and submit to the Legislaturebegin delete, and every 2 years thereafter, a specifiedend deletebegin insert theend insert business plan. The bill wouldbegin insert alsoend insert make changes to thebegin delete specifiedend delete elements required to be included in the business plan.

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(2) Existing law requires the department to identify in the rail passenger development plan the 3 most decrepit intercity rail passenger stations in the state used by trains operated by the National Railroad Passenger Corporation (AMTRAK) and those rail passenger stations that require upgraded parking facilities, as specified. Existing law requires the department to consider and estimate the cost of specified types of rail service improvements to the San Joaquin Amtrak route, and to report its findings in the rail passenger development plan submitted in 1991 pursuant to the provisions governing the preparation of the State Rail Plan.

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This bill would repeal these requirements.

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

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

P2    1


The Legislature finds and declares all of the

3(a) Passage of the federal Passenger Rail Investment and
4Improvement Act of 2008 (PRIIA; 49 U.S.C. Sec. 22701 et seq.)
5requires comprehensive rail plans in order for states to be eligible
6for new federal rail capital grants. To comply with federal law,
7the state rail plan must include, at a minimum, all of the following:

8(1) An inventory of the existingbegin insert railend insert transportation system and
9rail services and facilities within the state, and an analysis of the
10role of rail transportation within the state’s surface transportation

12(2) A review of all rail lines within the state, including proposed
13high-speed rail corridors.

14(3) A statement of the state’s passenger rail objectives.

15(4) A general analysis of the transportation, economic, and
16environmental impacts of rail in the state, including congestion
17mitigation, trade and economic development, air quality, land use,
18energy use, and community impacts.

19(5) A long-range investment program for current and future
20freight and passenger rail infrastructure in the state.

P3    1(b) The Department of Transportation, pursuant to Section 14036
2of the Government Code, is responsible for the preparation of a
3begin delete 10-yearend delete state rail plan. Furthermore, the department has been
4designated by the Federal Railroad Administration as the
5responsible agency for development of the federally required state
6rail plan.

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7(c) Implementation of any recommended passenger rail services
8identified in the plan is contingent upon a negotiated agreement
9between a freight rail operator and the passenger service sponsor
10or operator.

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11(d) Used and unused capacity of freight railroads is important
12to the economic well-being of the state as it supports the state’s
13role as the nation’s gateway for international trade, provides an
14environmentally preferred alternative for the movement of goods,
15and supports employment opportunities in the goods movement
16logistics industry.

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SEC. 2.  

Section 14036 of the Government Code is repealed.


SEC. 3.  

Section 14036 is added to the Government Code, to



(a) The department shall prepare abegin delete 10-yearend delete State Rail
21Plan. Pursuant to Section 22702 of Title 49 of the United States
22Code, the department is designated as the state rail transportation
23authority to prepare, maintain, coordinate, and administer the plan.

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

25(1) A statement of compliance with the requirements set forth
26in the federal Passenger Rail Investment and Improvement Act of
272008 (PRIIA; Public Law 110-432; 49 U.S.C. Sec. 22701 et seq.).

28(2) Plans for a comprehensive and integrated statewide passenger
29rail system, including high-speed rail, conventional intercity and
30commuter rail, and connections to urban rail systems.

31(3) A review of all high-speed rail routes, the rail freight system,
32conventional intercity and commuter rail systems, and urban rail
33system connections to high-speed rail and conventional intercity
34and commuter rail systems, including a statement of the state’s
35passenger rail objectives for routes in the state.

36(4) In consultation with the freight railroad industry, an
37identification of the improvements that have utility to both rail
38freight and passenger rail services in the state.

39(5) An inventory of the existing rail transportation system and
40rail services and facilities in the state, and an analysis of the role
P4    1of rail transportation within the state’s overall transportation

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

4(1) Environmental aspects that include air quality, land use, and
5community impacts.

6(2) Financing issues that include a means to obtain federal and
7state funding.

8(3) Rail issues that include regional, intrastate, and interstate

10(4) Intermodal connections that include seaports and intermodal

12(5) A statement of current system deficiencies.

13(6) Service objectives that improve efficiency, accessibility,
14and safety.

15(7) New technology that includes logistics and process

17(8) Light density rail line analyses that include traffic density,
18track characteristics, project selection criteria, and benefit-cost

20(d) The final plan shall be submitted to the Transportation
21Agency for approval pursuant to Section 22702 of Title 49 of the
22United States Code. On or before March 1, 2017, the approved
23plan shall thereafter be submitted to the Legislature, the Governor,
24the Public Utilities Commission, the High-Speed Rail Authority,
25and the commission.

26(e) The plan shall be updated, at a minimum, every five years

28begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 14036.2 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

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The department shall identify in the rail passenger
30development plan prepared pursuant to Section 14036, the three
31most decrepit intercity rail passenger stations in the state used by
32trains operated by the National Railroad Passenger Corporation
33(Amtrak). The department shall also identify those rail passenger
34stations which require upgraded parking facilities to encourage
35automobile drivers to utilize available rail passenger service.

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36begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 14036.3 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

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The department shall consider and estimate the cost
38of each of the following types of service improvements to the San
39Joaquin Amtrak route, and report its findings in the rail passenger
40development plan submitted in 1991 pursuant to Section 14036:

P5    1(a) Checked baggage service:

2In order to better serve the elderly, disabled, and passengers
3traveling with small children, the department shall investigate the
4possibility of Amtrak offering this type of passenger convenience
5on at least one of the three daily roundtrips, including the least
6patronized roundtrip where enroute delays due to baggage handling
7would be most absorbable. Particular consideration should be given
8to offering baggage service to major stations, including off-line
9staffed Amtrak stations served by feeder buses, if service to all
10staffed stations cannot be implemented immediately. The
11department shall also consider funding capital needs at stations
12necessary to offer baggage service from funds available pursuant
13to Section 14037.

14(b) Custom class service:

15In order to provide a higher level of service to passengers
16desiring a guaranteed, reserved seat, the department shall
17investigate implementation of custom class service on the San
18Joaquin route, similar to the enhanced service offered as an option
19on the Amtrak San Diegan route. If custom class service is offered,
20due consideration should be given to similar higher levels of service
21on major feeder bus routes, as warranted. The department shall
22also investigate the potential availability of cellular telephone
23service on this route.

24(c) Dining service:

25The department shall investigate steps that may need to be taken
26to restore quality dining car service, offering full, hot meals,
27substantially similar to the service offered on this route prior to
28the removal of high-level cars in December of 1989.

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begin deleteSEC. 4.end delete
30begin insertSEC. 6.end insert  

Section 185033 of the Public Utilities Code is amended
31to read:



(a) The authority shall prepare, publish, adopt, and
33submit to the Legislature, not later than May 1, 2014, and every
34two years thereafter, a business plan. At least 60 days prior to the
35publication of the plan, the authority shall publish a draft business
36plan for public review and comment. The draft plan shall also be
37submitted to the Senate Committee on Transportation and Housing,
38the Assembly Committee on Transportation, the Senate Committee
39on Budget and Fiscal Review, and the Assembly Committee on

P6    1(b) (1) The business plan shall include, but need not be limited
2to, all of the following elements:

3(A) The type of service the authority is developing and the
4proposed chronology for the construction of the statewide
5high-speed rail system.

6(B) Using the most recent patronage forecast for the system,
7develop a forecast of the expected patronage, service levels, and
8operating and maintenance costs for the Phase 1 corridor as
9identified in paragraph (2) of subdivision (b) of Section 2704.04
10of the Streets and Highways Code and by each segment or
11combination of segments for which a project level environmental
12analysis is being prepared for Phase 1. The forecast shall assume
13a high, medium, and low level of patronage and a realistic operating
14planning scenario for each level of service.

15(C) Based on the patronage forecast in subparagraph (A),
16develop alternative financial scenarios for the different levels of
17service, and identify the operating break-even points for each
18alternative. Each scenario shall assume the terms of subparagraph
19(J) of paragraph (2) of subdivision (c) of Section 2704.08 of the
20Streets and Highways Code.

21(D) Identify the expected schedule for completing environmental
22review, and initiating and completing construction for each segment
23or combination of segments of Phase 1.

24(E) Identify the source of federal, state, and local funds available
25for the project that will augment funds from the bond act.

26(F) Identify written agreements with public or private entities
27to fund components of the high-speed rail system, including
28stations and terminals, and identify any impediments to the
29completion of the system.

30(G) Identify alternative public-private development strategies
31for the implementation of Phase 1.

32(H) A discussion of all reasonably foreseeable risks the project
33may encounter, including, but not limited to, risks associated with
34the project’s finances, patronage, right-of-way acquisition,
35environmental clearances, construction, equipment, and technology,
36and other risks associated with the project’s development. The
37plan shall describe the authority’s strategies, processes, or other
38actions it intends to utilize to manage those risks.

39(2) To the extent feasible, the business plan should draw upon
40information and material developed according to other
P7    1 requirements, including, but not limited to, the preappropriation
2review process and the preexpenditure review process in the Safe,
3Reliable High-Speed Passenger Train Bond Act for the 21st
4Century pursuant to Section 2704.08 of the Streets and Highways
5Code. The authority shall hold at least one public hearing on the
6business plan and shall adopt the plan at a regularly scheduled
7meeting. When adopting the plan, the authority shall take into
8consideration comments from the public hearing and written
9comments that it receives in that regard, and any hearings that the
10Legislature may hold prior to adoption of the plan.