Bill Text: CA AB528 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
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 specifiedthe business plan. The bill would also make changes to thespecifiedelements 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 a10-yearstate 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 a10-yearState 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.