BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1225|
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                                 THIRD READING


          Bill No:  SB 1225
          Author:   Padilla (D)
          Amended:  5/29/12
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMM.  :  9-0, 4/24/12
          AYES:  DeSaulnier, Gaines, Harman, Kehoe, Lowenthal, 
            Pavley, Rubio, Simitian, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/24/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg


           SUBJECT  :    Interagency transfer agreement

           SOURCE  :     Los Angeles-San Diego Rail Corridor Agency


           DIGEST  :    This bill requires the Department of 
          Transportation to enter into a transfer of services 
          agreement with the Los Angeles-San Diego Corridor Agency 
          for the provision of intercity passenger rail service in 
          the corridor.

           ANALYSIS  :    Since 1976, the Department of Transportation 
          (Caltrans) has been contracting with Amtrak for providing 
          intercity passenger rail service in the Los Angeles-San 
          Diego (LOSSAN) Corridor.  The initial service was between 
          San Diego and Los Angeles and later extended to Santa 
          Barbara and San Luis Obispo.  The institutional environment 
          in which the trains operate is complex.  The trains operate 
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          over tracks that are owned by two public agencies in San 
          Diego County, the Orange County Transportation Authority, 
          the Los Angeles County Metropolitan Transportation 
          Authority, the Union Pacific Railroad (UP), and the 
          Burlington Northern Santa Fe (BNSF) Railroad.  In addition, 
          the Riverside County Transportation Commission (RCTC) 
          acquired the passenger rail rights between Fullerton and 
          Los Angeles from BNSF in the 1990s.  This requires any 
          passenger rail operator, except Amtrak, to secure RCTC's 
          concurrence before initiating or increasing service in that 
          segment of the corridor.  Railroad services operating in 
          the corridor include freight provided by UP and BNS, and 
          commuter rail service by METROLINK in Los Angeles, Orange, 
          San Diego, and Ventura counties and by the Coaster in San 
          Diego County.  In addition to the state-supported service, 
          Amtrak operates interstate passenger rail services to 
          Seattle beginning in Los Angeles.  In the future, the 
          segment of the corridor from Burbank to Los Angeles and 
          Anaheim will include high-speed rail service.  One segment 
          of the corridor, Commerce to Fullerton, is among the most 
          heavily used corridors in the country with over 100 trains 
          daily traversing it.  Currently, the number of passenger 
          and freight trains is about equal.

          The LOSSAN Corridor is the second most heavily patronized 
          Amtrak corridor in the country, after the Northeast 
          Corridor between Washington-New York-Boston.  Approximately 
          6.7 million passengers travel in LOSSAN corridor annually.  
          Of those passengers, 2.6 million use Amtrak, 2.4 million 
          rely on Metrolink, and the Coaster carries 1.7 million.  
          The travelers are very different.  The users of Metrolink 
          and Coaster are typically commuters.  The average length of 
          a commuter trip is 30 miles, the average fare is $6.69 and 
          income of the commuters is $75,000 annually.  The Amtrak 
          rider is typically a leisure traveler, students, or a 
          business traveler who uses the service intermittently.  The 
          average length of the trip is 90 miles, the average fare is 
          about $21, and traveler's average income is $80,000 
          annually.

          In addition to the LOSSAN Corridor, the state has funded 
          Amtrak service from Bakersfield to Oakland via Stockton and 
          Martinez since 1979.  In 1991, the state contracted with 
          Amtrak to operate service from Sacramento to Oakland/San 

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          Jose.  The management of the service was devolved to the 
          Capitol Corridor Joint Powers Agency (CCJPA) in 1998 by an 
          interagency transfer agreement. 

          This bill is intended emulate the institutional 
          relationship between Caltrans and the CCJPA in the LOSSAN 
          Corridor.

          Existing state law: 

          1. Authorizes Caltrans to: 

             A.    Contract with Amtrak for intercity passenger rail 
                service.

             B.    Program in the State Transportation Improvement 
                Program (STIP) 15 percent of the funds available for 
                interregional transportation improvements to 
                intercity passenger rail and grade separations. 

             C.    Enter into contracts with motor coach operators to 
                provide feeder bus service to intercity passenger 
                rail service, provided the service does not require 
                an operating subsidy.

             D.    Provide marketing services for the intercity 
                passenger rail program, acquire passenger cars and 
                locomotives, and take other actions to facilitate the 
                operation of the service. 

             E.    Prepare a 10-year intercity passenger rail plan 
                updated every two years to be adopted by the 
                California Transportation Commission.

          2. Authorizes Caltrans, subject to the approval of the 
             Secretary of Business and Transportation Agency 
             (Secretary), to enter into an agreement with a joint 
             powers board transferring responsibility for 
             administering intercity passenger rail service in a 
             corridor. 

          3. Assigns Caltrans responsibility for operating intercity 
             passenger service for trains operating up to 125 miles 
             per hour.

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          4. Requires a joint powers board to submit an annual 
             business plan which is the basis of a budget request for 
             service.

          5. Authorizes the Secretary to do the following:

             A.    Establish the level of state funding available for 
                operation of intercity passenger rail service in 
                available in each corridor in which service operates.

             B.    Allocate funds to a joint powers board consistent 
                with an interagency agreement that includes, among 
                other things, the level of service to be operated.

          6. Authorizes joint powers agencies to augment state funds 
             at their discretion to expand service, address funding 
             shortfalls, or achieve agreed upon performance 
             standards.

          Existing federal law:

          1. Authorizes states or state-created entities to contract 
             with Amtrak for intercity passenger rail service.

          2. Requires states, according to a national cost allocation 
             process adopted by the Service Transportation Board, to 
             pay the full operating and capital cost for intercity 
             passenger rail service in which the service is less than 
             750 miles in length beginning in October 1, 2013.  
             Interstate service is exempt from this provision.

          This bill:

          1. Requires the LOSSAN Corridor Agency to enter into an 
             interagency transfer agreement with Caltrans for 
             assuming all responsibility for administering state 
             funded intercity passenger rail service in the corridor 
             by June 30, 2014.

          2. Specifies that the term of the transfer agreement with 
             the LOSSAN Corridor Agency will be for five years, but 
             may be extended by mutual agreement. 


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          3. Prohibits the state from requiring a corridor agency to 
             use local funds to augment service or to fund shortfalls 
             when agreed upon performance standards are not reached. 

          4. Stipulates that this bill is only operative if the 
             members of the LOSSAN Corridor Agency amend the joint 
             powers agreement to expand the agency's authority to 
             enter into an interagency agreement. 

          5. Requires the level of service (number of round trips 
             operated) funded by the state to be no less than the 
             level of service funded as of January 1, 2013.

          6. Specifies that funding by the state for the LOSSAN 
             Corridor shall not be less than the funding level 
             provided in the 2012-13 fiscal year operating contract 
             between Caltrans and the Amtrak for the LOSSAN Corridor. 


          7. Requires the state provide the same level of funding for 
             feeder bus service as provided on January 1, 2013.

          8. Requires the interagency transfer agreement to identify 
             funds to be transferred to the LOSSAN Agency, including 
             operating subsidies, and funds currently used by the 
             department for administration and marketing of the 
             corridor, adjusted annually for inflation.

          9. Prohibits the use of local funds for expenditure to 
             offset any redirection, elimination, reduction, or 
             reclassification of state resources for operating 
             intercity passenger rail services in the corridor.

          10.States legislative intent that the intercity passenger 
             rail service in the LOSSAN corridor maintain a ratio of 
             fare revenue to operating cost of at least 58 percent.

           Background

           In the last 35 years, the number of intercity trains funded 
          by the state resources operating in the LOSSAN Corridor has 
          increased from 1 to 11 round trips between Los Angeles and 
          San Diego on weekdays, of which five are extended to San 
          Barbara.  Two of the Santa Barbara trains provide round 

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          trip service to San Luis Obispo.  There are also five round 
          trips daily from Los Angeles to Santa Barbara.  Since the 
          beginning of service, $1.152 billion has been invested in 
          the corridor.  Of that amount, $746 million, or 65% of the 
          investment, has been state funds.  The next largest 
          investor in the corridor has been local governments, with 
          $188 million, about 16% of the funds.  The remaining 20% of 
          the investment has been from federal sources, Amtrak, and 
          the private railroads.  Caltrans has been responsible for 
          managing the investment program. 

          Even with the investments in the corridor, the track and 
          signaling system in the corridor from Ventura County to San 
          Luis Obispo is antiquated. In San Diego County, there are 
          segments of the corridor that remain single track.  Lack of 
          double track and inadequate signaling reduces system 
          capacity and reliability of service. 
           
          LOSSAN Corridor Agency  .  The LOSSAN Corridor Agency is 
          currently made up of nine members:  Caltrans, Los Angeles 
          County Metropolitan Transportation Authority, North County 
          Transit District, Orange County Transportation Authority, 
          San Diego Association of Governments, San Diego 
          Metropolitan Transit System, San Luis Obispo Council of 
          Governments, Santa Barbara County Association of 
          Governments, and the Ventura County Transportation 
          Commission.  The Agency advises Caltrans on Amtrak services 
          and facility improvements for the corridor.  Legislation 
          enacted in 1996, provided an opportunity for the LOSSAN 
          Agency to create a joint powers group to assume 
          responsibility for the LOSSAN intercity passenger service 
          by December 31, 1996.  An agreement with Caltrans could not 
          be reached, because the local agencies were unable to reach 
          a consensus on the structure of the corridor agency.  The 
          responsibility for the service remains with Caltrans. 

          This bill establishes a deadline of December 31, 2013 for 
          the LOSSAN Agency to enter into an agreement with the state 
          to devolve the service. 
           
          Caltrans' role  .  Caltrans' Division of Rail is the largest 
          state rail agency in the country.  It has earned this 
          distinction by managing the largest state-contracted Amtrak 
          service. Caltrans has managed the $2.8 billion statewide 

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          capital improvement program for the intercity passenger 
          rail program.  About 8% of the STIP funds are dedicated to 
          interregional rail, for which Caltrans is responsible for 
          programming.  Caltrans funded and is managing the design 
          and construction in collaboration with BNSF of a third new 
          track and signal system, costing $165 million, between Los 
          Angeles and Fullerton.  This will significantly improve 
          system capacity and reliability for both passenger and 
          freight service. 

          With funds provided from Proposition 116, the Clean Air and 
          Transportation Improvement Act of 1990, Caltrans managed 
          the development and design of a bi-level (double deck) 
          intercity passenger rail car.  Last year, the Federal 
          Railway Administration designated that car, referred to as 
          the "California" car, as the only bi-level car in the 
          country eligible for federal funding.  Caltrans is managing 
          a $552 million project for the procurement of 135 bi-level 
          cars.  Depending on the final bid, Caltrans will acquire 
          about 40 cars.  The rest are for Illinois, Iowa, and 
          Missouri. Next year, Caltrans will manage the procurement 
          of 27 locomotives, of which six are for California.  The 
          total value of this acquisition is expected to be $130 
          million. 

          This bill shifts operating responsibility to the LOSSAN 
          Corridor Agency, but maintains the state's responsibility 
          for STIP preparation for the rail program and equipment 
          acquisition. 

           Comments
           
          The LOSSAN Corridor Agency is proposing to become an agent 
          of the state by entering into an interagency transfer 
          agreement with Caltrans to manage the operation of Amtrak 
          services with existing state resources in order to better 
          coordinate schedules and other operating matters with the 
          commuter rail services provided by Metrolink and Coaster.  
          The author's office points out that the LOSSAN corridor 
          parallels two of Southern California's most heavily 
          congested freeways, Interstate 5 and Highway 101, through 
          six counties: San Diego, Orange County, Los Angeles, 
          Ventura, Santa Barbara and San Luis Obispo.  The line 
          provides an alternative to driving these corridors and 

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          benefits southern California in terms of increased 
          mobility, congestion relief, and decreased greenhouse gas 
          emissions. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

           One-time costs to Caltrans of approximately $200,000 
            (Public Transportation Account) to administer the 
            transition of operations and management to the JPA.

           Cost pressures of approximately $25 million annually 
            (Public Transportation Account) from 2014-15 to 2019-20 
            to continue operating costs at the current Amtrak cost 
            allocation.  Currently, the LOSSAN corridor is funded 
            with approximately $24 million in state funds and $25 
            million in federal funds, but as of October 2013, federal 
            funds will no longer be available and the corridor will 
            require nearly $50 million in state funding to operate at 
            current levels of service, which is mandated in the bill.

           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 and shifting them to the JPA.

           SUPPORT  :   (Verified  5/29/12)

          Los Angeles-San Diego Rail Corridor Agency (source)
          Amtrak
          Los Angeles County Metropolitan Transportation Authority
          Orange County Business Roundtable
          Orange County Transportation Authority
          Sacramento Regional Transit District
          San Joaquin Regional Rail Commission
          Ventura County Transportation Commission
          
          
          JJA:mw  5/29/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE


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