as amended, Lowenthal. State Rail
begin delete Plan:end delete High-Speed Rail Authority business plan.
(1) Existing law requires the Department of Transportation to prepare a 10-year State Rail Plan biennially
begin delete for submission to the Legislature, Governor, and specified entitiesend delete. Existing law requires the plan to consist 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 law separately
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 begin delete specifiedend delete business plan, begin delete withend delete 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
begin delete and recastend delete the items required to be included in the begin delete 2 elements of theend delete State Rail Plan and begin delete in the elements ofend delete
the business plan begin delete, and would
eliminate the 10-year timeframe for the State Rail Planend delete. The bill would change, from January 1 to May 1 of each even-numbered year, the date by which the High-Speed Rail Authority is required to prepare, publish, adopt, and submit the business plan to the Legislature.
(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.
This bill would repeal these requirements.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
3(a) Passage of the federal Passenger Rail Investment and
4Improvement Act of 2008 (49 U.S.C. Sec. 22701 et
begin delete seq.).end delete
5 requires 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:
P3 1(1) An inventory of the existing rail transportation system and
2rail services and facilities within the state, and an analysis of the
3role of rail transportation within the state’s surface transportation
5(2) A review of all rail lines within the state, including proposed
6high-speed rail corridors.
7(3) A statement of the state’s passenger rail objectives.
8(4) A general analysis of the transportation, economic, and
9environmental impacts of rail in the state, including congestion
10mitigation, trade and economic development, air quality, land use,
11energy use, and community impacts.
12(5) A long-range investment program for current and future
13freight and passenger rail infrastructure in the state.
14(b) The Department of Transportation, pursuant to Section 14036
15of the Government Code, is responsible for the preparation of a
16state rail plan. Furthermore, the department has been designated
17by the Federal Railroad Administration as the responsible agency
18for development of the federally required state rail plan.
19(c) Implementation of any recommended passenger rail services
20identified in the plan is contingent upon a negotiated agreement
21between a freight rail operator and the passenger service sponsor
23(d) Used and
unused capacity of freight railroads is important
24to the economic well-being of the state as it supports the state’s
25role as the nation’s gateway for international trade, provides an
26environmentally preferred alternative for the movement of goods,
27and supports employment opportunities in the goods movement
Section 14036 of the Government Code is repealed.
Section 14036 is added to the Government Code, to
(a) The department shall prepare a State Rail Plan. Pursuant to Section
3622702 of Title 49 of the United States Code, the department is
37designated as the state rail transportation authority to prepare,
38maintain, coordinate, and administer the plan.
begin delete passenger rail elementend delete shall contain all of the
P4 1(1) A statement of compliance with the requirements set forth
2in the federal Passenger Rail Investment and Improvement Act of
32008 (Public Law 110-432; 49 U.S.C. Sec. 22701 et seq.).
4(2) Plans for a comprehensive and integrated statewide passenger
5rail system, including high-speed rail, conventional intercity and
6commuter rail, and connections to urban rail systems.
23(3) A review of all high-speed rail routes, the rail freight system,
24conventional intercity and commuter rail systems, and
25urban rail system connections to high-speed rail and conventional
26intercity and commuter rail systems, including a
27statement of the state’s passenger rail objectives for routes in the
29(4) In consultation with the freight railroad industry, an
30identification of the improvements that have utility to both rail
31freight and passenger rail services in the state.
32(5) An inventory of the existing rail transportation system and
33rail services and facilities in the state, and an analysis of the role
34of rail transportation within the state’s overall transportation
36(c) The freight rail element shall contain discussions of all of
10 39(1)end delete
P5 1 Environmental impacts that include air quality, land use,
2and community impacts.
12 3(2)end delete
4 Financing issues that include the planned means to obtain
5federal and state funding.
14 6(3)end delete
7 Rail issues that include regional, intrastate, and interstate
16 9(4)end delete
10 Intermodal connections that include seaports and intermodal
18 12(5)end delete
13 A statement of current system deficiencies.
19 14(6)end delete
15 Service objectives that improve efficiency, accessibility,
21 17(7)end delete
18 New technology that includes logistics and process
23 20(8)end delete
21 Light density rail line analyses that include traffic density,
22track characteristics, project selection criteria, and benefit-cost
25 The final plan shall be submitted to the
26Agency for approval pursuant to Section 22702 of Title 49 of the
27United States Code. On or before March 1, 2017, the approved
28plan shall be submitted to the Legislature pursuant to Section 9795,
29the Governor, the Public Utilities Commission, the High-Speed
30Rail Authority, and the commission.
32 The plan shall be updated, at a minimum, every five years
Section 14036.2 of the Government Code is repealed.
Section 14036.3 of the Government Code is repealed.
Section 185033 of the Public Utilities Code is amended
(a) The authority shall prepare, publish, adopt, and
39submit to the Legislature, not later than May 1, 2014, and every
40two years thereafter, a business plan. At least 60 days prior to the
P6 1publication of the plan, the authority shall publish a draft business
2plan for public review and comment. The draft plan shall also be
3submitted to the Senate Committee on Transportation and Housing,
4the Assembly Committee on Transportation, the Senate Committee
5on Budget and Fiscal Review, and the Assembly Committee on
7(b) (1) The business plan shall include, but need not be limited
8to, all of the following elements:
begin deleteThe end delete type of service the authority is
10developing and the proposed chronology for the construction of
11the statewide high-speed rail system, and the estimated capital
12costs for each segment or combination of segments.
begin deleteUsing the most recent patronage forecast for the system, forecast of the expected patronage, service levels, and
14develop a end delete
15operating and maintenance costs for the Phase 1 corridor as
16identified in paragraph (2) of subdivision (b) of Section 2704.04
17of the Streets and Highways Code and by each segment or
18combination of segments for which a project level environmental
19analysis is being prepared for Phase 1. The forecast shall assume
20a high, medium, and low level of patronage and a realistic operating
21planning scenario for each level of service.
begin deleteBased on the patronage forecast in subparagraph (A), financial scenarios for
23develop alternative end delete
begin delete theend delete different
24levels of service, and
begin delete identifyend delete
the operating break-even points for each
26alternative. Each scenario shall assume the terms of subparagraph
27(J) of paragraph (2) of subdivision (c) of Section 2704.08 of the
28Streets and Highways Code.
begin deleteIdentify the end delete expected schedule for completing
30environmental review, and initiating and completing construction
31for each segment or combination of segments of Phase 1.
32(E) An estimate and description of the total anticipated federal,
33state, local, and other funds the authority intends to access to fund
34the construction and operation of the system, and the level of
35confidence for obtaining each type of funding.
begin deleteIdentify end delete written agreements with public or private
37entities to fund components of the high-speed rail system, including
38stations and terminals, and
begin delete identifyend delete any impediments to the
39completion of the system.
begin deleteIdentify alternative end delete public-private development
2strategies for the implementation of Phase 1.
3(H) A discussion of all reasonably foreseeable risks the project
4may encounter, including, but not limited to, risks associated with
5the project’s finances, patronage, right-of-way acquisition,
6environmental clearances, construction, equipment, and technology,
7and other risks associated with the project’s development. The
8plan shall describe the authority’s strategies, processes, or other
9actions it intends to utilize to manage those risks.
10(2) To the extent feasible, the business plan should draw upon
11information and material developed according to other
12 requirements, including, but not limited to, the preappropriation
13review process and the preexpenditure review process in the Safe,
14Reliable High-Speed Passenger Train Bond Act for the 21st
15Century pursuant to Section 2704.08 of the Streets and Highways
16Code. The authority shall hold at least one public hearing on the
17business plan and shall adopt the plan at a regularly scheduled
18meeting. When adopting the plan, the authority shall take into
19consideration comments from the public hearing and written
20comments that it receives in that regard, and any hearings that the
21Legislature may hold prior to adoption of the plan.