BILL NUMBER: SB 804 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 1999
PASSED THE ASSEMBLY AUGUST 23, 1999
AMENDED IN ASSEMBLY JULY 14, 1999
AMENDED IN SENATE MAY 28, 1999
AMENDED IN SENATE MAY 11, 1999
AMENDED IN SENATE APRIL 14, 1999
INTRODUCED BY Senator Perata
FEBRUARY 25, 1999
An act to add Section 14035.55 to the Government Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 804, Perata. Transportation: rail feeder bus service.
Existing law authorizes the Department of Transportation to
contract with common carriers, as defined, or with any other entity
to provide feeder services to or from rail passenger terminals or
intercity bus transportation.
The bill would require the department or its successor in interest
to encourage the National Railroad Passenger Corporation (Amtrak)
and motor carriers of passengers, as defined, to undertake specific
actions and would authorize the department or its successor in
interest to provide funding to Amtrak for the purpose of entering
into a contract with a motor carrier of passengers for the intercity
transportation of passengers over regular routes, if, among other
things, the motor carrier is not a public recipient of governmental
assistance, as defined in federal law, except as specified, and the
service is provided only for trips where passengers have had prior
movement by rail or will have subsequent movement by rail.
The bill also would authorize the department to provide funding to
Amtrak for the purpose of entering into a contract with a motor
carrier of passengers to transport Amtrak passengers on buses
operated on a route, if the buses are operated by the motor carrier
as part of a regularly scheduled, daily bus service that has been
operating consecutively without an Amtrak contract for 12 months
immediately prior to contracting with Amtrak.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14035.55 is added to the Government Code, to
read:
14035.55. (a) The Legislature finds and declares all of the
following:
(1) Intercity passenger bus service provided by intercity bus
companies on a regular route basis is the only public mass
transportation service in the state to provide surface transportation
without public subsidy.
(2) The long-term maintenance of private sector intercity
passenger service is of vital importance to the state.
(3) Intercity bus companies serve over 250 communities throughout
California, providing a network of connection points without equal by
any other mode of public or private transportation.
(b) To the extent permitted by federal law, the department shall
encourage Amtrak and motor carriers of passengers to do both of the
following:
(1) Combine or package their respective services and facilities to
the public as a means of improving services to the public.
(2) Coordinate schedules, routes, rates, reservations, and
ticketing to provide for enhanced intermodal surface transportation.
(c) Except as authorized under subdivision (e), the department may
provide funding to Amtrak for the purpose of entering into a
contract with a motor carrier of passengers for the intercity
transportation of passengers by motor carrier over regular routes
only if all of the following conditions are met:
(1) The motor carrier is not a public recipient of governmental
assistance, as defined in Section 13902(b)(8)(A) of Title 49 of the
United States Code, other than a recipient of funds under Section
5311(f) of that title and code. This paragraph does not apply if a
local public motor carrier proposes to serve passengers only within
its service area.
(2) Service is provided only for passengers on trips where the
passengers have had prior movement by rail or will have subsequent
movement by rail, evidenced by a combination rail and bus one-way or
roundtrip ticket.
(3) Vehicles of the motor carrier, when used to transport
passengers pursuant to paragraph (2), are used exclusively for that
purpose.
(4) The motor carrier is registered with the United States
Department of Transportation (DOT) and operates in compliance with
the federal motor carrier safety regulations, and provides service
that is accessible to persons with disabilities in compliance with
applicable DOT regulations pertaining to Amtrak services, in
accordance with the federal Americans with Disabilities Act of 1990
(Public Law 101-336).
(d) The department shall incorporate the conditions specified in
subdivision (c) into state-supported passenger rail feeder bus
service agreements between Amtrak and motor carriers of passengers.
The bus service agreements shall also provide that a breach of those
conditions shall be grounds for termination of the agreements.
(e) Notwithstanding subdivisions (c) and (d), the department may
provide funding to Amtrak for the purpose of entering into a contract
with a motor carrier of passengers to transport Amtrak passengers on
buses operated on a route, if the buses are operated by the motor
carrier as part of a regularly scheduled, daily bus service that has
been operating consecutively without an Amtrak contract for 12 months
immediately prior to contracting with Amtrak.
(f) For purposes of this section, the following terms have the
following meanings:
(1) "Amtrak" means the National Railroad Passenger Corporation.
(2) "Department" means the Department of Transportation or the
department's successor with respect to providing funds to subsidize
Amtrak service.
(3) "Motor carrier of passengers" means a person or entity
providing motor vehicle transportation of passengers for
compensation.