BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1779
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1779 (Galgiani)
          As Amended  August 24, 2012
          Majority vote
           
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          |ASSEMBLY:  |64-11|(May 30, 2012)  |SENATE: |31-3 |(August 29,    |
          |           |     |                |        |     |2012)          |
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           Original Committee Reference:    TRANS  .

           SUMMARY  :  Authorizes a locally-controlled joint powers authority 
          (JPA), upon specified conditions and until June 30, 2015, to 
          assume administrative responsibilities for state-supported 
          intercity rail passenger services.  

           The Senate amendments  basically align the provisions of this 
          bill with SB 1225 (Padilla) of the current legislative session.  
          Specifically, the amendments:  

          1)State the intent of the Legislature that the Secretary of the 
            Business, Transportation and Housing Agency (Secretary) 
            authorize the California Department of Transportation 
            (Caltrans) to enter into an interagency transfer agreement 
            (ITA) if the Secretary determines that transferring the 
            service would result in administrative or operating cost 
            reductions.  Delete the requirement of the Secretary to make a 
            determination of cost effectiveness prior to authorizing 
            Caltrans to enter into the ITA.  

          2)State the intent of the Legislature as well as a requirement 
            that the ITA cover an initial three-year period that provides 
            the level of funding that supports the level of service at the 
            time of execution of the ITA.  

          3)Authorize the use of local resources to offset any 
            redirection, elimination, reduction, or reclassification by 
            the state of state resources for operating intercity passenger 
            rail services only if the local resources are dedicated by a 
            vote of the local agency providing funds, with the concurrence 
            of the JPA.  

          4)Require the Secretary to establish uniform performance 
            standards by June 30, 2014, for all corridors.  Authorize, to 








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            the extent necessary, revisions to the performance standards 
            no later than July 30, 2015, or the effective date of the ITA, 
            whichever comes first.  

          5)Prohibit the termination of feeder bus services for passengers 
            utilizing state-supported passenger rail unless specified 
            cost-effectiveness standards cannot be met from the existing 
            services.  

          6)Delete the prohibition of the state from requiring a corridor 
            agency to use local funds to augment service or fund 
            shortfalls when agreed upon performance standards are not met. 
             

          7)Delete the prohibition on the use of local funds to offset any 
            redirection, elimination, reduction, or reclassification of 
            state resources for operating intercity passenger rail 
            services in the corridor.  

          8)Extend the date by which the JPA must execute the ITA to 
            December 31, 2015.  Authorize extension of the ITA by mutual 
            agreement between Caltrans and the JPA.  

          9)Clarify requirements of the ITA include coordination of the 
            intercity rail passenger services with feeder bus services.  
            Eliminate auditing provisions of the ITA pertaining to 
            evaluating the transfer of rail equipment.  

          10)Require the Secretary to provide a report to the Governor and 
            the Legislature if there is no signed ITA by June 30, 2015, 
            indicating why an acceptable agreement has not been developed 
            along with specific recommendations for developing one.  

          11)Redefine the San Joaquin intercity rail corridor (San 
            Joaquin) to exclude San Francisco as a destination service 
            area.   

          EXISTING LAW  :  

          1)Authorizes Caltrans, in cooperation with local transportation 
            officials, to develop guidelines to implement the intercity 
            rail program and defines the intercity rail corridors within 
            which rail projects are eligible for funding.  Requires 
            Caltrans to develop a comprehensive statewide rail passenger 
            and freight system plan.  








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          2)Authorizes Caltrans to contract with Amtrak for intercity rail 
            passenger services and provides funding for these services 
            from the Public Transportation Account.   

          3)Authorized, until December 31, 1996, Caltrans, subject to 
            approval of the Secretary, to enter into an interagency 
            transfer agreement under which a JPA assumes responsibility 
            for administering the state-funded intercity rail service in a 
            particular corridor, including the San Joaquin Corridor.  

          4)Establishes the terms of the interagency transfer agreements, 
            when approved by the Secretary, to include various elements as 
            specified.  

          5)Authorizes the establishment of the San Joaquin JPA upon 
            agreement of the represented agencies for the purpose of 
            assuming responsibility for intercity passenger rail services 
            in the San Joaquin corridor.  Specifies the membership of the 
            agency, including members from the Capitol Corridor JPA and 
            from the County of Los Angeles.  

          6)Establishes the San Joaquin Valley Rail Committee to be 
            comprised of elected officials and members of the public 
            representing 13 counties along the San Joaquin train route.  

          7)Authorizes the Steering Committee of the Caltrans Rail Task 
            Force to confer with the Secretary to coordinate intercity 
            passenger rail service for the San Joaquin Corridor, including 
            assisting in the development of an appropriate management 
            structure for the San Joaquin corridor as an element of a 
            coordinated statewide intercity rail system.  
           
          AS PASSED BY THE ASSEMBLY  , this bill was substantially similar 
          to the version passed by the Senate.  

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, this bill will have one-time costs to Caltrans of 
          approximately $200,000 to administer the transition of 
          operations and management to the JPA.  Cost pressures to 
          maintain current levels of service for three years due to 
          expected reductions in federal funding for intercity rail.  
          Although those federal reductions would be related to service in 
          the San Diego-Los Angeles-San Luis Obispo intercity rail 
          corridor (LOSSAN corridor), this bill reduces flexibility to 








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          address shortfalls statewide.  Additional cost pressures related 
          to provisions in the bill that would shift financial risk from 
          the JPA to the state, while also removing operational and 
          management decisions from the state to the JPA.  

           COMMENTS  :  Intercity passenger rail service is a component of 
          the state's overall transportation system and operates between 
          several regions of the state.  Accordingly, intercity rail 
          travel services are provided between metropolitan areas and to 
          rural areas.  For California, intercity rail passenger services 
          include three state-supported corridor routes and four Amtrak 
          long-distance routes.  The three in-state intercity rail routes 
          were funded, planned and administered by Caltrans until July 
          1998, when the Capitol Corridor JPA assumed administration of 
          the Capitol Corridor (Auburn-Sacramento-Oakland-San Jose).  The 
          other two intercity rail passenger services, the Pacific 
          Surfliner (service between San Luis Obispo and San Diego through 
          Santa Barbara and Los Angeles) and the San Joaquin (serving 
          Central Valley, linking Los Angeles and Bakersfield with 
          Sacramento and the Bay Area) continue to be administered by 
          Caltrans.  

          In California, Amtrak operates all three state-supported 
          intercity rail services, although for the Capitol Corridor, 
          there is an agreement with the Capitol Corridor JPA that Amtrak 
          continue to operate that intercity service.  The state of 
          California, through Caltrans, funds 70% of the operating deficit 
          of the Pacific Surfliner with Amtrak funding the remaining 30% 
          operating deficit (ridership farebox revenues minus operational 
          costs).  For the San Joaquin and the Capitol Corridor service, 
          Caltrans funds 100% of the operating deficit.  Amtrak pays 30% 
          of the operating deficit for the San Diego service as it was a 
          part of the basic national passenger train service.  Lastly, 
          California pays for the majority of capital improvements to 
          these intercity rail services.  

          Purpose of the bill:  This bill would reauthorize a 
          locally-controlled JPA, until June 30, 2015, to assume 
          administrative responsibilities for the state-supported San 
          Joaquin.  The author cites the 15-year period of successful 
          operation of the Capitol Corridor JPA since the administration 
          of the Capitol Corridor was transferred to that JPA from 
          Caltrans.  The author indicates the success was accomplished 
          without the direct financial contribution by the member agencies 
          of the Capitol Corridor JPA and cites that beyond the "more cost 








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          effective administration and operations, the Capitol Corridor 
          JPA has shown that there are several other potential benefits to 
          local authority administration of intercity passenger service 
          including:  the ability to have a stronger voice in advocating 
          for service improvements and expansions; local decision-making 
          that is more responsive and adaptive to passenger issues; the 
          ability to take better advantage of joint marketing and 
          partnerships with local agencies; and more engagement by local 
          communities to support the service."  

          The author further indicates that the Central Valley Rail 
          Working Group is working with other entities to explore the 
          development of a regional JPA that would enable regional 
          governance of the San Joaquin, similar to the Capitol Corridor 
          JPA.  This legislation furthers that effort.  

           Arguments in support  :  

          1)Writing in support of this bill, numerous cities and regional 
            entities within the San Joaquin Valley contend that with a 
            more efficient administration and stronger local and regional 
            support, a regionally managed San Joaquin service can result 
            in much higher frequencies of service and increases in 
            ridership and revenue - similar to the Capitol Corridor JPA.  
            They cite that the increases in service and ridership will 
            result in more jobs, improve air quality, and help promote 
            sustainable development.  

          2)Upon implementation of the agreement between Altamont Commuter 
            Express and the current San Joaquin operations, the Unified 
            Service will facilitate the effective integration of the these 
            services with the early implementation of the California 
            High-Speed Rail Authority's (Authority's) initial high-speed 
            rail construction segment, scheduled for construction in 2018. 
             Further, upon completion of the rail linkage between 
            Bakersfield and the San Fernando Valley, higher speed service 
            for the California's intercity rail spine will be seamless and 
            operational.  

          3)As the Secretary has approval authority to effectuate the 
            state's transfer of responsibilities and assets to the local 
            JPA, it presumably will do so only its determination that the 
            transfer will result in operating efficiencies and cost 
            reductions.  









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          4)The terms of the ITA serve to protect the interests of the 
            JPAs as well as the state.  Further, as an element of the ITA, 
            the requirement for the JPA business plan will provide a 
            roadmap on how the entity will proceed and provide some level 
            of confidence to state decisionmakers.  

          5)This bill requires the Steering Committee of the Caltrans Rail 
            Task Force to advise the JPA.  As Caltrans has improved the 
            services to high ridership levels, its expertise in continuing 
            successful operations of this corridor could prove invaluable. 
             

          6)According to the sponsors, the formation of a JPA could 
            "provide stronger negotiating strength with the freight 
            railroads for new passenger services or dealing with freight 
            conflicts."  

          7)SB 1225 (Padilla), a similar bill currently being considered 
            in the Assembly that authorizes transfer of the state 
            management of the Pacific Surfliner to the LOSSAN corridor 
            agency, makes similar arguments related to the merits of that 
            bill.  

           Arguments in opposition  :  

          1)This bill may be premature, especially as California is 
            undertaking a major high-speed rail planning and 
            implementation project.  A large component of this effort 
            focuses on "blending" high-speed rail services and 
            conventional commuter and intercity passenger rail services in 
            the San Joaquin corridor.  Considering the technical, 
            operational, and policy issues that need to be resolved by the 
            Authority, Caltrans, and other agencies at this point in time, 
            a change in administration of the San Joaquin may be 
            problematic.  

          2)Rail service in this corridor is not a regional function.  The 
            San Joaquin corridor acts as the "spine" of intercity 
            passenger rail in the state, connecting with other rail and 
            public transportation services in northern and southern 
            California.  Coordination with the state-administered Pacific 
            Surfliner corridor would be more difficult, particularly with 
            the extensive bus-train linkages between the two corridors.  

          3)Any additional capacity of the railroads operating within the 








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            San Joaquin corridor may not materialize, making it difficult 
            to achieve additional rail passenger services.  

          4)The bill requires that the current level of rail service be 
            maintained for at least three years.  However, if funding 
            shortfalls should come about because of revenue declines, the 
            bill does not specify sources of additional funding.  

           
          Analysis Prepared by  :   Ed Imai / TRANS. / (916) 319-2093 


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