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.  


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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  

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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 

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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  

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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.






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