Bill Text: CA AB528 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State Rail Plan and High-Speed Rail Authority business plan.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-06 - Chaptered by Secretary of State - Chapter 237, Statutes of 2013. [AB528 Detail]

Download: California-2013-AB528-Amended.html

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BILL NUMBER: AB 528	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Lowenthal

                        FEBRUARY 20, 2013

   An act to  repeal Sections 14036.2 and 14036.3 of, and to
 repeal and add Section 14036 of  ,  the Government
Code, and to amend Section 185033 of the Public Utilities Code,
relating to transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 528, as amended, Lowenthal. State Rail Plan: High-Speed Rail
Authority business plan. 
    Existing 
    (1)     Existing  law requires the
Department of Transportation to prepare a 10-year State Rail Plan
biennially for submission to the Legislature, Governor, and specified
entities. The plan consists of 2 elements, a passenger rail element
and a freight rail element, and sets forth various items that are
required to be included in each element. Existing law  separately
 requires the High-Speed Rail Authority to prepare, publish,
adopt, and submit to the Legislature, not later than January 1, 2012,
and every 2 years thereafter, a specified business plan, with
specified elements, and to publish, at least 60 days prior to the
publication of the plan, a draft business plan for public review and
comment, as specified.
   This bill would revise and recast the items required to be
included in the 2 elements of the  10-year  State Rail Plan
and  would eliminate the 10-year timeframe for the State Rail
Plan. The bill  would change the  first  date to May 1,
2014, by which the High-Speed Rail Authority is required to prepare,
publish, adopt, and submit to the Legislature  , and every 2
years thereafter, a specified   the  business
plan. The bill would  also  make changes to the 
specified  elements required to be included in the business
plan. 
   (2) Existing law requires the department to identify in the rail
passenger development plan the 3 most decrepit intercity rail
passenger stations in the state used by trains operated by the
National Railroad Passenger Corporation (AMTRAK) and those rail
passenger stations that require upgraded parking facilities, as
specified. Existing law requires the department to consider and
estimate the cost of specified types of rail service improvements to
the San Joaquin Amtrak route, and to report its findings in the rail
passenger development plan submitted in 1991 pursuant to the
provisions governing the preparation of the State Rail Plan. 

   This bill would repeal these requirements. 
   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; 49 U.S.C. Sec. 22701 et seq.)
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  rail  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. 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) Implementation of any recommended passenger rail services
identified in the plan is contingent upon a negotiated agreement
between a freight rail operator and the passenger service sponsor or
operator.  
   (d) Used and unused capacity of freight railroads is important to
the economic well-being of the state as it supports the state's role
as the nation's gateway for international trade, provides an
environmentally preferred alternative for the movement of goods, and
supports employment opportunities in the goods movement logistics
industry. 
  SEC. 2.  Section 14036 of the Government Code is repealed.
  SEC. 3.  Section 14036 is added to the Government Code, to read:
   14036.  (a) The department shall prepare a  10-year
 State Rail Plan. 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 contain all of the following:

   (1) A statement of compliance with the requirements set forth in
the federal Passenger Rail Investment and Improvement Act of 2008
(PRIIA; Public Law 110-432; 49 U.S.C. Sec. 22701 et seq.).
   (2) 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) A review of 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, an
identification of the improvements that have utility to both rail
freight and passenger rail services in the state.
   (5) 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) The freight rail element shall contain all of the following:
   (1) Environmental aspects that include air quality, land use, and
community impacts.
   (2) Financing issues that include a means to obtain federal and
state funding.
   (3) Rail issues that include regional, intrastate, and interstate
issues.
   (4) Intermodal connections that include seaports and intermodal
terminals.
   (5) A statement of current system deficiencies.
   (6) Service objectives that improve efficiency, accessibility, and
safety.
   (7) New technology that includes logistics and process
improvement.
   (8) Light density rail line analyses that include traffic density,
track characteristics, project selection criteria, and benefit-cost
criteria.
   (d) The final plan shall be submitted to the Transportation Agency
for approval pursuant to Section 22702 of Title 49 of the United
States Code. On or before March 1, 2017, the approved plan shall
thereafter be submitted to the Legislature, the Governor, the Public
Utilities Commission, the High-Speed Rail Authority, and the
commission.
   (e) The plan shall be updated, at a minimum, every five years
thereafter.
   SEC. 4.    Section 14036.2 of the  
 Government Code   is repealed.  
   14036.2.  The department shall identify in the rail passenger
development plan prepared pursuant to Section 14036, the three most
decrepit intercity rail passenger stations in the state used by
trains operated by the National Railroad Passenger Corporation
(Amtrak). The department shall also identify those rail passenger
stations which require upgraded parking facilities to encourage
automobile drivers to utilize available rail passenger service.

   SEC. 5.    Section 14036.3 of the   
 Government Code   is repealed.  
   14036.3.  The department shall consider and estimate the cost of
each of the following types of service improvements to the San
Joaquin Amtrak route, and report its findings in the rail passenger
development plan submitted in 1991 pursuant to Section 14036:
   (a) Checked baggage service:
   In order to better serve the elderly, disabled, and passengers
traveling with small children, the department shall investigate the
possibility of Amtrak offering this type of passenger convenience on
at least one of the three daily roundtrips, including the least
patronized roundtrip where enroute delays due to baggage handling
would be most absorbable. Particular consideration should be given to
offering baggage service to major stations, including off-line
staffed Amtrak stations served by feeder buses, if service to all
staffed stations cannot be implemented immediately. The department
shall also consider funding capital needs at stations necessary to
offer baggage service from funds available pursuant to Section 14037.

   (b) Custom class service:
   In order to provide a higher level of service to passengers
desiring a guaranteed, reserved seat, the department shall
investigate implementation of custom class service on the San Joaquin
route, similar to the enhanced service offered as an option on the
Amtrak San Diegan route. If custom class service is offered, due
consideration should be given to similar higher levels of service on
major feeder bus routes, as warranted. The department shall also
investigate the potential availability of cellular telephone service
on this route.
   (c) Dining service:
   The department shall investigate steps that may need to be taken
to restore quality dining car service, offering full, hot meals,
substantially similar to the service offered on this route prior to
the removal of high-level cars in December of 1989. 
   SEC. 4.   SEC. 6.   Section 185033 of
the Public Utilities Code is amended to read:
   185033.  (a) The authority shall prepare, publish, adopt, and
submit to the Legislature, not later than May 1, 2014, and every two
years thereafter, a business plan. At least 60 days prior to the
publication of the plan, the authority shall publish a draft business
plan for public review and comment. The draft plan shall also be
submitted to the Senate Committee on Transportation and Housing, the
Assembly Committee on Transportation, the Senate Committee on Budget
and Fiscal Review, and the Assembly Committee on Budget.
   (b) (1) The business plan shall include, but need not be limited
to, all of the following elements:
   (A) The type of service the authority is developing and the
proposed chronology for the construction of the statewide high-speed
rail system.
   (B) Using the most recent patronage forecast for the system,
develop a forecast of the expected patronage, service levels, and
operating and maintenance costs for the Phase 1 corridor as
identified in paragraph (2) of subdivision (b) of Section 2704.04 of
the Streets and Highways Code and by each segment or combination of
segments for which a project level environmental analysis is being
prepared for Phase 1. The forecast shall assume a high, medium, and
low level of patronage and a realistic operating planning scenario
for each level of service.
   (C) Based on the patronage forecast in subparagraph (A), develop
alternative financial scenarios for the different levels of service,
and identify the operating break-even points for each alternative.
Each scenario shall assume the terms of subparagraph (J) of paragraph
(2) of subdivision (c) of Section 2704.08 of the Streets and
Highways Code.
   (D) Identify the expected schedule for completing environmental
review, and initiating and completing construction for each segment
or combination of segments of Phase 1.
   (E) Identify the source of federal, state, and local funds
available for the project that will augment funds from the bond act.
   (F) Identify written agreements with public or private entities to
fund components of the high-speed rail system, including stations
and terminals, and identify any impediments to the completion of the
system.
   (G) Identify alternative public-private development strategies for
the implementation of Phase 1.
   (H) A discussion of all reasonably foreseeable risks the project
may encounter, including, but not limited to, risks associated with
the project's finances, patronage, right-of-way acquisition,
environmental clearances, construction, equipment, and technology,
and other risks associated with the project's development. The plan
shall describe the authority's strategies, processes, or other
actions it intends to utilize to manage those risks.
   (2) To the extent feasible, the business plan should draw upon
information and material developed according to other requirements,
including, but not limited to, the preappropriation review process
and the preexpenditure review process in the Safe, Reliable
High-Speed Passenger Train Bond Act for the 21st Century pursuant to
Section 2704.08 of the Streets and Highways Code. The authority shall
hold at least one public hearing on the business plan and shall
adopt the plan at a regularly scheduled meeting. When adopting the
plan, the authority shall take into consideration comments from the
public hearing and written comments that it receives in that regard,
and any hearings that the Legislature may hold prior to adoption of
the plan.