BILL NUMBER: SB 1117 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE MARCH 29, 2012
INTRODUCED BY Senator DeSaulnier
FEBRUARY 17, 2012
An act to add Section 14521.5 to the Government Code, and to add
Section 185033.1 to the Public Utilities Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1117, as amended, DeSaulnier. Statewide passenger rail
transportation plan.
Existing law creates the California Transportation Commission,
with various powers and duties relating to the programming and
allocation of certain funds available for transportation capital
improvement projects and various other transportation policy matters.
Existing law creates the Department of Transportation with various
powers and duties relating to the state highway system and other
transportation modes, including the authority to contract for
conventional rail passenger service. Existing law requires the
department to prepare a 10-year State Rail Plan on a biennial basis.
Existing law creates the High-Speed Rail Authority to develop and
implement a high-speed rail system in the state, with specified
powers and duties, including preparation of a business plan on a
biennial basis. Existing law, pursuant to the Safe, Reliable
High-Speed Passenger Train Bond Act for the 21st Century, provides
for the issuance of $9.95 billion in general obligation bonds for
high-speed rail and related purposes.
This bill would require the California Transportation Commission
to prepare a statewide passenger rail transportation plan relative to
conventional and high-speed intercity passenger rail, commuter rail,
and urban rail transit containing various elements. The bill
would require the Department of Transportation to assist the
commission, as specified. The bill would require the commission
to adopt the plan by September 2014, and update the plan every 4
years thereafter. The bill would require the plan to contain goals
for integrated passenger rail services and facilities, and to adopt
policies and guidelines to be used by the department, the authority,
and regional transportation agencies in the development of their
plans, and would prohibit those agencies from taking inconsistent
actions. The bill would require regional transportation planning
agencies to submit their plans for commuter rail and urban rail
transit to the commission by December 31, 2013.
This bill would also impose certain requirements on the High-Speed
Rail Authority with regard to the high-speed rail element of the
plan and implementation of projects on an incremental basis by the
authority, including preparation of an incremental high-speed rail
development program, as specified, by December 31, 2013, which would
be incorporated into the authority's business plan.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14521.5 is added to the Government Code, to
read:
14521.5. (a) The commission shall prepare a statewide passenger
rail transportation plan, with the following elements:
(1) A statement of the goals for an integrated rail passenger
system consisting of high-speed intercity rail, conventional
intercity rail, commuter rail, and urban rail transit services and
facilities.
(2) Identification of all of the following:
(A) Proposed investments in high-speed intercity rail and
conventional intercity rail services and facilities.
(B) Proposed investments in commuter rail and urban rail transit
services and facilities.
(C) Corridors in which new or enhanced improvements will be made.
(D) A demonstration of the plan's consistency with the
requirements of Senate Bill 375 (Chapter 728 of the Statutes of 2008)
and subsequent amendments.
(E) An assessment of transportation energy requirements for
high-speed intercity rail, conventional intercity rail, commuter
rail, and urban rail transit services.
(F) An assessment of the ability of passenger rail transportation
services to reduce regional and intercity highway congestion, and, in
the case of high-speed rail, an assessment of the ability of the
service to reduce intercity passenger airline travel and congestion.
(G) Identification of rail corridors and expected impediments to
their development, including the availability of rights-of-way for
tracks, stations, and maintenance facilities.
(b) In preparing the plan, the commission shall adopt policies and
guidelines for developing high-speed intercity rail, conventional
intercity rail, commuter rail, and urban rail transit services and
facilities, as follows:
(1) Performance goals related to passenger capacity, financial
capacity, and service performance, and frequency of passenger rail
services based on the estimated size of statewide, regional, and
local travel markets.
(2) Performance goals for connections between rail systems to
ensure convenience and to increase travel opportunities for
passengers connecting between various rail systems.
(3) Capital and operating revenue estimates for the development of
high-speed intercity rail, conventional intercity rail, commuter
rail, and urban rail transit services and facilities. The estimates
shall be for 5-, 10-, and 20-year time horizons.
(c) The department shall be responsible for assisting the
commission in the preparation of the statewide passenger rail
transportation plan, including the preparation of draft policies and
the preparation of the draft plan consistent with this section and
the commission's policies. The department shall cooperate with the
commission in defining the scope of work and the schedule for
producing the plan.
(c)
(d) The policies and guidelines shall be developed in
consultation with the department, the High-Speed Rail Authority,
regional transportation planning agencies, and the agencies
administering or operating commuter rail and urban rail transit
systems.
(d)
(e) The policies and guidelines shall be used by
regional transportation planning agencies when developing the rail
mass transportation element of their regional transportation plans.
The regional agencies shall not take actions that are inconsistent
with the policies and guidelines adopted by the commission.
(e)
(f) The regional transportation planning agencies shall
submit their rail plans for commuter rail and urban rail transit to
the commission on or before December 31, 2013.
(f)
(g) The policies and guidelines shall be used by the
department when preparing the conventional State Rail Plan pursuant
to Section 14036 and the High-Speed Rail Authority, or its successor,
when preparing the High-Speed Rail Business Plan pursuant to Section
185033 of the Public Utilities Code. Neither the department nor the
authority shall take actions that are inconsistent with the policies
and guidelines adopted by the commission.
(g)
(h) The commission shall incorporate statewide and
regional rail plans into the statewide passenger rail transportation
plan prepared pursuant to this section, provided the other plans are
consistent with the policies and guidelines adopted by the
commission.
(h)
(i) The peer review group established pursuant to
Section 185034 of the Public Utilities Code may be convened by the
commission to provide an independent review and comment on the
proposed policies and guidelines, and on issues encountered during
the preparation of the plan.
(i)
(j) The commission shall submit a draft plan developed
pursuant to this section to the department, the High-Speed Rail
Authority, regional transportation planning agencies, and the
Legislature on or before April 30, 2014, for review and comment. The
commission shall hold at least two public workshops, with at least
one workshop in northern California and one in southern California,
to secure public comments on the draft plan.
(j)
(k) The final plan shall be adopted at the September
2014 meeting of the commission and updated every four years
thereafter. The commission may extend the adoption date by up to 60
days.
SEC. 2. Section 185033.1 is added to the Public Utilities Code, to
read:
185033.1. (a) Consistent with Proposition 1A (2008) and the
policies and guidelines of the California Transportation Commission
relative to the high-speed intercity rail element of the statewide
passenger rail transportation plan adopted pursuant to Section
14521.5 of the Government Code, the authority shall plan for
implementation of an incremental high-speed rail development program
with the following features:
(1) Investments in passenger rail projects in the Phase I
high-speed rail corridor (San Francisco Transbay Terminal-Los Angeles
Union Station-Anaheim) that benefit conventional intercity and
commuter rail services but that are compatible with being upgraded to
high-speed rail service in the future.
(2) Investments in operable segments in the Phase I high-speed
rail corridor that generate sufficient passenger revenue to be
attractive to private investors, that will be electrified, and that
will be converted to high-speed rail service in the future.
(3) Proposed upgrades to conventional intercity and commuter rail
segments that connect with Phase I projects and would enhance the
performance of future high-speed rail service, such as Anaheim to San
Diego and San Jose to Oakland and Sacramento.
(4) Maximization of state, local, federal, and private funds to
support intercity and commuter passenger rail development, including
high-speed rail.
(5) Projects that will create employment opportunities and meet
rail development goals.
(b) In developing the incremental high-speed rail development
program, the authority shall consult with the department, regional
transportation planning agencies, agencies administering or operating
commuter rail, freight railroads operating in the conventional
intercity and commuter rail corridors and in the Phase I corridors,
and firms that have experience in commercial high-speed intercity
rail operations.
(c) The authority shall identify one or more possible operating
segments in the Phase I corridor as a candidate for a public-private
partnership. This shall be done in cooperation with a regional rail
agency and a private rail development consortium. The selected
segment shall have substantial existing intercity or commuter rail
ridership. There shall be a competitive procurement process
consistent with the existing procurement authority of the authority
to select the consortium. In pursuing a public-private partnership,
the authority shall minimize the capital and operating risks to the
state.
(d) The authority shall submit a draft of its incremental
development program to the California Transportation Commission and
the Legislature on or before December 31, 2013. The program shall
subsequently be incorporated into the authority's business plan
prepared pursuant to Section 185033.