BILL NUMBER: SB 1117 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 26, 2012
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 amend
Sections 14036 and 14522 of 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. Passenger rail: planning.
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
, and authorizes the commission to develop guidelines for
preparation of regional transportation plans . 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 , with both
passenger and freight rail elements . 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 include
in its guidelines for regional transportation plans policy direction
regarding the integration of all passenger rail services into a
coordinated system with emphasis on intermodal facilities and
cost-effective rail services, as specified. The bill would revise the
requirements for the 10-year state rail plan prepared by the
department to require the plan to be consistent with the federal
Passenger Rail Investment and Improvement Act of 2008 and to contain
various passenger rail elements, including, among other things, plans
for a comprehensive and integrated statewide rail system, a
statement of the state's passenger rail service objectives, and
identification of improvements that have utility both for freight and
passenger rail services. The bill would delete the requirement for
the state rail plan to have a freight rail element. The
bill would require the department to submit a draft plan under these
new requirements for review and comment to the commission and
authority by April 30, 2015, would require public hearings on
the plan, and would require the final plan to be submitted to
the commission for its advice and consent by December 31, 2015. The
bill would require the final plan to be approved by the Secretary of
Business, Transportation and Housing by March 1, 2016, and then to be
submitted to the Legislature. The bill would require the plan to be
updated at least every 5 years .
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 blended systems by the
authority, including preparation of an incremental
high-speed rail development program, as specified a
plan in that regard , 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. The Legislature finds and declares all
of the following:
(a) Passage of the federal Passenger Rail Investment and
Improvement Act of 2008 (PRIIA) requires comprehensive rail plans in
order for states to be eligible for new federal rail capital grants.
To comply with federal law, the state rail plan must include, at a
minimum, all of the following:
(1) An inventory of the existing transportation system and rail
services and facilities within the state, and an analysis of the role
of rail transportation within the state's surface transportation
system.
(2) A review of all rail lines within the state, including
proposed high-speed rail corridors.
(3) A statement of the state's passenger rail objectives.
(4) A general analysis of the transportation, economic, and
environmental impacts of rail in the state, including congestion
mitigation, trade and economic development, air quality, land use,
energy use, and community impacts.
(5) A long-range investment program for current and future freight
and passenger rail infrastructure in the state.
(b) The Department of Transportation, pursuant to Section 14036 of
the Government Code, is responsible for the preparation of a 10-year
state rail plan, to be updated biennially. Furthermore, the
department has been designated by the Federal Railroad Administration
as the responsible agency for development of the federally required
state rail plan.
(c) In addition to the PRIIA requirements, California should build
upon its existing rail planning activities, as follows:
(1) To foster more complete integration of passenger rail
throughout the transportation system, including high-speed,
intercity, commuter, and connections to urban passenger rail systems.
(2) To support the state's goal of an integrated, multimodal
transportation system and to establish a framework for the delivery
of cost-effective rail services in California that promote climate
stabilization, job access, environmental enhancements, and improved
mobility.
(3) To address issues relating to the shared use of rail lines by
freight and passenger services.
(4) To provide detailed insight into the concerns facing the state'
s transportation system and to set forth a vision of how rail
transportation can address those issues.
SEC. 2. Section 14036 of the Government
Code is amended to read:
14036. (a) The department shall prepare a 10-year State Rail Plan
biennially for submission to the Legislature, the Governor, the
Public Utilities Commission, and the California Transportation
Commission. The plan shall be submitted to the California
Transportation Commission on or before October 1, 1995, and on or
before October 1 of each odd-numbered year thereafter, for its advice
and consent, and to the Legislature, the Governor, and the Public
Utilities Commission by the following March 1. The plan shall consist
of a passenger rail element and a freight rail element
Pursuant to Section 22702 of Title 49 of the United States Code,
the department is designated as the state rail transportation
authority to prepare, maintain, coordinate, and administer the plan
.
(b) The passenger rail element shall:
(1) Comply with the requirements set forth in the federal
Passenger Rail Investment and Improvement Act of 2008 (PRIIA; Public
Law 110-432).
(2) Include plans for a comprehensive and integrated statewide
passenger rail system, including high-speed rail, conventional
intercity and commuter rail, and connections to urban rail systems.
(3) Review all high-speed rail routes, the rail freight system,
conventional intercity and commuter rail systems, and urban rail
system connections to high-speed rail and conventional intercity and
commuter rail systems, including a statement of the state's passenger
rail objectives for routes in the state.
(4) In consultation with the freight railroad industry, identify
improvements that have utility to both rail freight and passenger
rail services in the state.
(5) Include an inventory of the existing rail transportation
system and rail services and facilities in the state, and an analysis
of the role of rail transportation within the state's overall
transportation system.
(c) (1) The department shall submit, for review and comment, a
draft plan developed pursuant to this section to the High-Speed Rail
Authority and the commission on or before April 30, 2015.
(2) Prior to final adoption of the plan, the department shall hold
at least two public workshops on the draft plan, with at least one
workshop in northern California and one in southern California.
(3) The final plan shall be submitted to the commission for its
advice and consent on or before December 31, 2015. The department
shall notify the commission how it incorporated the commission's
comments.
(4) On or before March 1, 2016, the final plan shall be submitted
to the Business, Transportation and Housing Agency for approval
pursuant to Section 22702 of Title 49 of the United States Code.
(5) The approved plan shall thereafter be submitted to the
Legislature.
(d) The plan shall be updated, at a minimum, every five years
thereafter. The process for review and approval shall be essentially
the same as provided for the initial plan pursuant to subdivision
(c).
(b) The passenger rail element shall contain all of the following:
(1) For capital and operating subsidies and costs, all actual
encumbrances for the prior two fiscal years; and for state
operations, all actual expenditures for the prior two fiscal years.
All revenues shall be identified by source.
(2) For capital and operating subsidies, estimated encumbrances
and revenues for the current year; and for state operations,
estimated expenditures for the current year. The department shall use
the same format as is required for prior year expenditures pursuant
to paragraph (1).
(3) For the budget year and the nine following fiscal years,
proposed encumbrances for capital and operating subsidies and costs
shall be reported in the same format as is required for the prior
year's expenditures. For state operations, proposed expenditures for
the budget year shall be reported.
(4) The identification and cost of capital facilities necessary to
enhance competitiveness of rail passenger services, including, for
each intercity route, a list of at least the three highest priority
capital improvement projects, with cost estimates and a funding plan.
(5) A performance evaluation of all services in operation for the
two prior years, including performance trends, potential for
efficiency and effectiveness, possible improvements, and strategies
to achieve that potential. This shall include an evaluation of all
feeder bus services, using, among other things, criteria based on
ridership levels, break-even points, and levels of growth in service
utilization. The number of daily feeder bus runs, if any, that failed
to carry even one passenger shall be identified.
(6) A recommendation of a level of and program for services over a
10-year period, including a list of service enhancements on existing
and additional routes, with funding and priority recommendations.
This shall include identification of feeder bus service improvements
and a management and operating plan for achieving these improvements.
(7) An evaluation of reports by regional planning agencies and
county transportation commissions on commuter service alternatives in
their regions, including presentation of their recommendations.
(8) A map showing all existing intercity and commuter passenger
rail routes and services, all proposed intercity and commuter
passenger rail routes and services, and all intercity and commuter
passenger rail routes and services that are the subject of
feasibility studies.
(9) A report on the expenditure of marketing activities funds for
purchases of media advertising of rail passenger services.
This report shall be prepared in consultation with the Public
Utilities Commission and the National Rail Passenger Corporation. The
department may consult with other agencies, organizations, and
persons with expertise. The department shall employ realistic
assumptions, using Public Utilities Commission cost data whenever
possible, with respect to the level of services it can provide and
the cost of these services when developing the program.
(10) A discussion of the department's overall marketing strategy
as it relates to the intercity rail passenger service, including
feeder bus service, and a report on the expenditure of marketing
activities funds for purchases of media advertising of rail passenger
services.
(11) A discussion of fare policies and practices, including all of
the following:
(A) The relationship of fare policies to ridership and yield,
including the impact of (A) a variety of regular fares, including
fares such as midweek and other off-peak discounts, (B) discount fare
blackouts during certain holiday travel periods on yield and
ridership, and (C) discount fares for small groups traveling
together.
(B) Lightly traveled route segments where current fares are too
high for the demand, and where ridership or yield, or both, would
increase with lower fares.
(C) A potential fare policy that would maximize both ridership and
yield.
(D) A summary of discussions with Amtrak on the subject of fares.
(c) The freight rail element shall contain all of the following:
(1) Environmental aspects, which shall include air quality, land
use, and community impacts.
(2) Financing issues, which shall include a means to obtain
federal and state funding.
(3) Rail issues, which shall include regional, intrastate, and
interstate issues.
(4) Intermodal connections, which shall include seaports and
intermodal terminals.
(5) Current system deficiencies.
(6) Service objectives, such as improving efficiency,
accessibility, and safety.
(7) New technology, which shall include logistics and process
improvement.
(8) Light density rail line analyses, which shall include traffic
density, track characteristics, project selection criteria, and
benefit-cost criteria.
SEC. 3. Section 14522 of the Government
Code is amended to read:
14522. In cooperation with the regional transportation planning
agencies, the commission may prescribe study areas for analysis and
evaluation by such agencies and guidelines for the preparation of the
regional transportation plans.
The commission shall include in these guidelines policy direction
regarding the integration of all passenger rail services, including
high-speed, intercity, commuter, and urban passenger rail services,
into a coordinated system with an emphasis on intermodal facilities
connecting the various passenger rail systems with each other as well
as with the overall transportation system, and provision of
cost-effective passenger rail services that contribute to climate
stabilization, job access, environmental enhancements, and improved
mobility.
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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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. SEC. 4. 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 14036 of the Government Code,
the authority shall plan for implementation of an
incremental high-speed rail development program with the following
features blended systems, consistent with its business
plan prepared pursuant to Section 185033. The authority's plan
pursuant to this section shall include, at a minimum, both of the
following :
(1) Investments Identification of
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 blended 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)
(c) The authority shall submit a draft of its
incremental development blended 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.