BILL ANALYSIS SB 457 Date of Hearing: August 23, 1995 ASSEMBLY COMMITTEE ON APPROPRIATIONS Charles Poochigian, Chair SB 457 (Kelley) - As Amended: August 21, 1995 Policy Committee: Transportation Vote: 15-0 State Mandated Local Program: No Reimbursable: No SUBJECT Intercity rail services: funding This bill: 1) Authorizes the California Transportation Commission (CTC) to grant a waiver from the fare box recovery ratios for intercity and commuter rail service for up to three years upon annual reconsideration and approval of the waiver by the CTC after a public hearing. 2) By interagency agreement executed on or before April 1, 1996, requires the Department of Transportation (Caltrans) to transfer to the Southern California Regional Rail Authority (Authority) the responsibility to administer intercity rail service between the cities of San Diego and San Luis Obispo and in other previously authorized intercity rail corridors in Southern California, as specified. The current intercity rail service in this corridor is known as "The San Diegans". 3) Authorizes the Authority to contract for operation of the service with Amtrak, or with any other party that may be authorized under federal law. Authorizes the Authority to administer such a contract or to select, on a competitive basis, a qualified operator to administer the contract. - continued - SB 457 Page 1 SB 457 4) Requires the Authority to be expanded, on or before January 1, 1996, to include, on its policy board, representation from all counties involved in intercity rail services in Southern California. 5) Requires that state funding allocations be made based on an annual business plan prepared by the Authority and approved by its policy board. 6) Requires that the business plan include the results of the previous year's marketing, financial, patronage, operating and capital programs, recommended goals for the coming year, and specific actions to meet those goals. 7) Requires that the business plan clearly delineate intercity rail passenger services from the commuter rail services administered by the Authority. 8) Requires the business plan to be submitted to Caltrans and the CTC for suggestions, and then to be submitted by the Authority to the Legislature and Governor, annually, by November 1. This plan would form the basis of the annual budget request for the service. 9) Requires the initial business plan to be submitted on April 1, 1996. 10) Requires Caltrans to transfer, through the interagency agreement, the funds necessary to operate the intercity rail services within the jurisdiction of the Authority. 11) Specifies that the fund transfer from Caltrans to the Authority shall include funds for the operating subsidy, marketing costs and a share of administrative costs resulting from the substitution of responsibilities from Caltrans to the Authority. 12) Requires that 20% of the funds transferred to the Authority be made available for discretionary new intercity rail services in - continued - SB 457 Page 2 SB 457 the corridor, but provides that this requirement may be modified to ensure that existing levels of service in the corridor are not reduced. FISCAL EFFECT 1) Makes up to $15 million in Transportation Planning and Development (TP&D) Account funds available for transfer to the Authority to operate the San Diegan intercity rail service. These funds would cover the following costs for administering the rail service: a) $11 million for operating subsidies based upon the 1995-96 intercity rail budget for the San Diegans at the level of service approved in the Governor's Budget; b) $1.8 million for the marketing costs of the Authority based upon Caltrans current San Diegan marketing budget; c) $1 to $2 million to cover the administrative workload shifted from Caltrans to the Authority. 2) Should result in a reduction in Caltrans' intercity rail budget of approximately $14 to $15 million and the reduction of an unknown number of administrative positions in the Caltrans Division of Rail. Caltrans 1996-97 rail budget would need to be reduced by this amount to account for the transfer of responsibility from the state to the Authority for the operation, administration and marketing of the San Diegan rail service by the Authority. 3) To the extent that Caltrans' Rail Division and intercity rail budget are not reduced consistent with the transfer of TP&D funds to the Authority, there would be a corresponding decrease in funding available for the Transit Capital Improvement (TCI) and the State Transit Assistance (STA) programs. Both the STA and TCI programs are local assistance transit programs funded from the TP&D - continued - SB 457 Page 3 SB 457 account. The funding formula for these programs provides that, of the available revenues in the TP&D account, funds remaining in the account after Caltrans' rail administrative, marketing and operating costs are deducted shall be available for TCI and STA. So, to the extent that overall intercity rail operating costs go up, TCI and STA funding is reduced on a 50% / 50% proportional basis. 4) Minor absorbable costs to the CTC to review and comment on the Authority's annual business plan. These costs would be funded from the TP&D account. COMMENTS 1) Existing law requires an intercity rail service which receives specified state funds to maintain a fare box recovery ratio of at least 55% of operating costs to continue to be eligible for those funds. Commuter rail service which receives specified state funds must maintain a 40% fare box ratio. Existing law authorizes Caltrans to contract with Amtrak to provide commuter and intercity passenger rail services. 2) The Authority is a joint exercise of powers agency which operates passenger rail service in San Bernardino, Riverside, Los Angeles, Orange and Ventura counties. The Authority currently operates a successful 350 mile commuter rail service in Southern California known as the METROLINK, and the Authority negotiates its own service contracts with AMTRAK. 3) The San Diegans intercity rail service in the corridor between San Diego and San Luis Obispo has proven to be very popular, generating fare box revenues far in excess of the required ratio. The San Diegan fare box ratios have run about 90% over the last 5 years. Because the San Diegans have been so successful, only a small portion of the state's $42 million annual intercity rail operating budget is allocated to the San Diegan trains. For example, the 1995-96 Governor's Budget provides a total $42 million in state funds to subsidize intercity rail service. Of - continued - SB 457 Page 4 SB 457 this amount, only $11 million is allocated to the San Diegans. The Balance of $31 million is allocated to the San Joaquins and the Capitols services which have consistently had poor ridership. In the 1994-95 fiscal year, projected fare box returns for the San Joaquins is 54% and the Capitols is only 38%. As a result of the poor fare box recovery, over 75% of the state resources available for intercity rail service get allocated to the San Joaquins service in the Central Valley, and the Capitols service between Sacramento and the San Francisco Bay area. 4) The overall state rail subsidy is likely to increase in the 1995-96 fiscal year as AMTRAK is looking to cut costs and has even considered terminating its agreement with the state to operate these trains. Caltrans has been unable to negotiate contracts with AMTRAK which control state costs. For example, over the last 3 years, Caltrans has requested over $12 million in budget increases for new train service which the Legislature approved. However, instead of allocating these resources for new service, these funds were used for higher operating costs charged by AMTRAK. It is unlikely that fare box returns will increase more than marginally in 1995-96 to offset this trend. The result is that California will probably have to increase the amount it pays AMTRAK to operate intercity rail service in the future. 5) Caltrans' Division of Rail administers the San Diegans intercity rail service through its contract with Amtrak. Caltrans has a total of 158 personnel years allocated to the rail program at a total rail staff cost of over $12 million annually. Caltrans has "charged" the San Diegan for administrative and marketing costs which totaled over $2.8 million in FY 93-94. Caltrans also developed a marketing plan for the service which has been sharply criticized by local agencies and rail advocates as being overly expensive and ineffective. - continued - SB 457 Page 5 SB 457 - continued - SB 457 Page 6