BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 325
                                                                  Page  1

          Date of Hearing:   July 13, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     SB 325 (Rubio) - As Amended:  June 9, 2011 

          Policy Committee:                             Local 
          GovernmentVote:7-2
                       Transportation                         9-3

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill establishes the Central California Railroad Authority 
          (CCRA) to provide shortline rail freight service within Fresno, 
          Kern, Kings, Merced, and Tulare Counties.  Specifically, this 
          bill: 

          1)Authorizes the Counties of Madera, San Joaquin, and Stanislaus 
            to elect to join CCRA and authorizies the service area of CCRA 
            be expanded to incorporate counties that join the CCRA later.

          2)Requires CCRA to be governed by a board of directors and 
            specifies the membership and terms of the board members.

          3)Requires CCRA to conduct its first meeting no later than 120 
            days after abandonment or discontinuance of service on any 
            railroad line, provided the member counties have formed a 
            joint exercise of powers agreement to implement and manage 
            CCRA.

          4)Specifies the power of the authority and the operational 
            requirements, such as adopting a budget and conducting an 
            annual financial audit.

          5)Allows CCRA to acquire, own, lease, and operate railroad lines 
            and equipment, including, but not limited to, real and 
            personal property, tracks, rights-of-way, equipment, and 
            facilities and prepare a plan for the acquisition and 
            operation of any railroad line.
            
          6) Provides the state is not liable for contracts, debts, or 








                                                                  SB 325
                                                                  Page  2

            other obligations of CCRA, and requires agencies forming the 
            joint powers agreement (JPA) implementing CCRA to be liable 
            for all debts and obligations of the CCRA.  

          7)Prohibits CCRA from using, or being a claimant for, 
            Transportation Development Act funds, or from being entitled 
            to receive funds from the Public Transportation Account (PTA). 
             

           FISCAL EFFECT  

          There is no state fiscal effect.  The activities of the 
          authority will be funded with local funds and the bill contains 
          language that no reimbursement for a local mandate is required 
          because the affected local governments have requested the 
          authorization for the authority.


           COMMENTS
           
           1)Purpose  .  According to the author's office, communities 
            heavily reliant on short line rail services stand to lose 
            access to goods movement and shipping services if an 
            alternative is not developed to ensure dependable rail service 
            for Kern, King, Tulare, Fresno, and Merced Counties.  The 
            author notes that unemployment in these counties hovers around 
            18% and includes many communities with jobless rates exceeding 
            40%.  Small and large businesses alike throughout California, 
            particularly in the Central Valley, stand to lose greatly if 
            short rail operations decline or cease to exist.  The author 
            further states that SB 325 would create an authority to ensure 
            railroad service if the Surface Transportation Board (STB) 
            authorizes the abandonment or discontinuance of service on 
            existing short line railroad operations in the Counties of 
            Kern, Tulare, Kings, Fresno and Merced.
              
           2)Background  .  The San Joaquin Valley Railroad (SJVR) operates 
            417 miles of track in central California.  The SJVR 
            interchanges with the Burlington Northern Santa Fe (BNSF) 
            Railway at Fresno and Bakersfield and with the Union Pacific 
            Railroad at Fresno and Goshen Junction.  The SJVR service 
            features primary commodities of petroleum products, cattle 
            feed, building products, tomato paste, consumer products and 
            dry and liquid fertilizer products.









                                                                  SB 325
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            In June 2008, the Surface Transportation Board (STB), the 
            federal agency that oversees the United States' railroad 
            industry, authorized the abandonment of 30.6 miles of rail 
            service operated by the SJVR between Strathmore and Jovista in 
            Tulare County.  In the same decision, STB denied a request to 
            abandon the rail line from Strathmore to near Exeter.  STB 
            documents show that SJVR sought authority to abandon the line 
            because "there is insufficient traffic available to justify 
            the cost of maintaining and operating the line, and that 
            investing capital in the line would not be a prudent use of 
            carrier resources."  

            During the abandonment process, Tulare County sought to 
            acquire the section being abandoned and asked STB to set terms 
            and conditions for the sale of the right-of-way.  STB set the 
            purchase price at $3.3 million.  Tulare County declined to 
            purchase the line at that price.  
             




          Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081