California Senate Bill SB409 Latest Draft

 BILL NUMBER: SB 409AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 2, 2010 AMENDED IN SENATE JANUARY 26, 2010 AMENDED IN SENATE MAY 21, 2009 INTRODUCED BY Senator Ducheny (Coauthor: Assembly Member Torres) FEBRUARY 26, 2009  An act to amend Section 13975 of, and to add Chapter 2 (commencing with Section 13985) to Part 4.5 of Division 3 of Title 2 of,  An act to add Section 14036.10 to  the Government Code, and to amend Section 185020 of, and to add Section 185025 to, the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST SB 409, as amended, Ducheny. Passenger rail programs: strategic planning. Existing law creates the Department of Transportation in the Business, Transportation and Housing Agency, with various powers and duties relative to the intercity passenger rail program, among other transportation programs. Existing law creates in state government the High-Speed Rail Authority, with various powers and duties relative to development and implementation of a high-speed passenger train system. The authority has 9 members, 5 appointed by the Governor and 4 appointed by the Legislature. Existing law also creates in state government the California Transportation Commission, with various powers and duties relative to programming of transportation capital projects and assisting the Secretary of Business, Transportation and Housing in formulating state transportation policies. This bill would  place the High-Speed Rail Authority within the Business, Transportation and Housing Agency. The bill would  require the 5 members of the authority appointed by the Governor to be appointed with the advice and consent of the Senate. The bill would require the authority to annually  adopt and  submit a  funding plan   5-year high-speed rail passenger train program  to the  California Transportation Commission for approval, identifying the need for investments during the fiscal year and the amount of bond sales necessary to accommodate those investments   Governor and Legislature, as specified  . This bill would require the  Business, Transportation and Housing Agency   Department of Transportation  to prepare a 5-year Strategic Rail Connectivity Plan for the state, the focus of which would be to identify, with a statewide emphasis, opportunities for passenger rail system improvements and linkages. The plan would be required to include desirable linkages and feeder opportunities between high-speed and conventional intercity rail, commuter rail, and rail transit, and to identify the coordination in planning and the capital investments necessary in that regard. The plan would also be required to identify future right-of-way needs of passenger rail lines in connection with state and local highway system improvements in order to accommodate future rail system improvements. The plan would be developed in consultation with  the High-Speed Rail Authority,  transportation planning agencies  ,  and the agencies and entities responsible for the various rail and highway systems.  The   A draft of the  plan would initially be  submitted to   presented on an informational basis at a meeting of  the California Transportation Commission  for approval on September 1, 2011, and every 5 years thereafter. Upon approval of the plan, the commission, for each transportation project subject to commission approval and implicated by the plan, would be required to make a determination that the project is consistent with the plan. The bill would also provide that the commission, for good cause, may approve a project that is not consistent with the plan, subject to a waiver granted by the Secretary of Business, Transportation and Housing   ,   followed by a public comment period. Upon considering the public comments, the department would make another informational presentation to the commission prior to finalizing the plan and submitting it to the Federal Railroad Administration  . 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 13975 of the Government Code is amended to read: 13975. The Business and Transportation Agency in state government is hereby renamed the Business, Transportation and Housing Agency. The agency consists of the State Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corporations, the Department of Housing and Community Development, the Department of Motor Vehicles, the Department of Real Estate, the Department of Transportation, the High-Speed Rail Authority, the Department of Financial Institutions, the Department of Managed Health Care, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun; and the California Housing Finance Agency is also located within the Business, Transportation and Housing Agency, as specified in Division 31 (commencing with Section 50000) of the Health and Safety Code.   SEC. 2.   Chapter 2 (commencing with Section 13985) is added to Part 4.5 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 2. STRATEGIC RAIL CONNECTIVITY PLAN 13985. (a) The agency shall be responsible for preparation of a five-year Strategic Rail Connectivity Plan for the state. The focus of the strategic plan shall be to identify, with a statewide emphasis, those opportunities for passenger rail system improvements and linkages that otherwise are likely to be missed, or assigned a relative lower priority, by implementing agencies because of the natural focus of those agencies on the specific rail systems under their respective jurisdictions. In that regard, the strategic plan shall include desirable linkages and feeder opportunities between various passenger rail services, including high-speed and conventional intercity rail, commuter rail, and rail transit, where the various services are the responsibility of different implementing and operating agencies. The strategic plan shall identify the coordination in planning and capital investments necessary to maximize the opportunities for each of those services in providing a cohesive, connected, and easy-to-use system for Californians consisting of all of those services, rather than a cumbersome set of unlinked individual rail services. The strategic plan shall also identify future right-of-way needs of passenger rail lines in connection with state and local highway system improvements in order to accommodate future rail system improvements as those highway improvements proceed to implementation, with the objective of avoiding lost opportunities by failure to reserve right-of-way capacity for future rail improvements. The strategic plan may also include other matters that offer similar opportunities for statewide coordination, including the efficient movement of goods. (b) The strategic plan shall be developed in consultation with transportation planning agencies and agencies and entities responsible for the various rail and highway systems. The strategic plan shall be submitted to the California Transportation Commission for approval on September 1, 2011, and every five years thereafter on September 1. Amendments to an approved strategic plan may be developed and presented to the commission for approval in the same manner during each five-year period. (c) Upon approval of the strategic plan, the commission, for each transportation project subject to commission approval and implicated by the strategic plan, shall make a determination that the project is consistent with the strategic plan. The commission may approve a project that is not consistent with the strategic plan for good cause, subject to a waiver granted by the secretary.   SECTION 1.   Section 14036.10 is added to the   Government Code   , to read:   14036.10. (a) The department shall be responsible for preparation of a five-year Strategic Rail Connectivity Plan for the state. The focus of the strategic plan shall be to identify, with a statewide emphasis, those opportunities for passenger rail system improvements and linkages that otherwise are likely to be missed, or assigned a relative lower priority, by implementing agencies because of the natural focus of those agencies on the specific rail systems under their respective jurisdictions. In that regard, the strategic plan shall include desirable linkages and feeder opportunities between various passenger rail services, including high-speed and conventional intercity rail, commuter rail, and rail transit, where the various services are the responsibility of different implementing and operating agencies. The strategic plan shall identify the coordination in planning and capital investments necessary to maximize the opportunities for each of those services in providing a cohesive, connected, and easy-to-use system for Californians consisting of all of those services, rather than a cumbersome set of unlinked individual rail services. The strategic plan shall also identify future right-of-way needs of passenger rail lines in connection with state and local highway system improvements in order to accommodate future rail system improvements as those highway improvements proceed to implementation, with the objective of avoiding lost opportunities by failure to reserve right-of-way capacity for future rail improvements. The strategic plan may also include other matters that offer similar opportunities for statewide coordination, including the efficient movement of goods. (b) The strategic plan shall be developed in consultation with the High-Speed Rail Authority, transportation planning agencies, and agencies and entities responsible for the various rail and highway systems. (c) A draft of the strategic plan shall be presented by the department on an informational basis at a meeting of the California Transportation Commission for purposes of receiving public comment. Within 45 days after the meeting, the department shall receive any comments and proposed changes for the draft strategic plan. (d) Following the close of the 45-day comment period, the department shall review all written comments, including those of the High-Speed Rail Authority, and shall prepare a summary of any objections and recommendations made in those comments and an explanation of how the draft strategic plan is proposed to be changed to accommodate the objections or recommendations, or the reason or reasons for proposing no change. (e) The department's recommendations and summary described in subdivision (d) shall be made publicly available at least 15 days prior to a subsequent regular meeting of the commission. At that subsequent public meeting, after considering all comments and recompiling the information pursuant to subdivision (c), the department shall present the final strategic plan on an informational basis prior to its submittal to the Federal Railroad Administration.   SEC. 3.   SEC. 2.  Section 185020 of the Public Utilities Code is amended to read: 185020. (a) There is in  the Business, Transportation and Housing Agency   state government  the High-Speed Rail Authority. (b) (1) The authority is composed of nine members as follows: (A) Five members appointed by the Governor with the advice and consent of the Senate. (B) Two members appointed by the Senate Committee on Rules. (C) Two members appointed by the Speaker of the Assembly. (2) For the purposes of making appointments to the authority, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall take into consideration geographical diversity to ensure that all regions of the state are adequately represented. (c) Except as provided in subdivision (d), and until their successors are appointed, members of the authority shall hold office for terms of four years. A vacancy shall be filled by the appointing power making the original appointment, by appointing a member to serve the remainder of the term. (d) (1) On and after January 1, 2001, the terms of all persons who are then members of the authority shall expire, but those members may continue to serve until they are reappointed or until their successors are appointed. In order to provide for evenly staggered terms, persons appointed or reappointed to the authority after January 1, 2001, shall be appointed to initial terms to expire as follows: (A) Of the five persons appointed by the Governor, one shall be appointed to a term which expires on December 31, 2002, one shall be appointed to a term which expires on December 31, 2003, one shall be appointed to a term which expires on December 31, 2004, and two shall be appointed to terms which expires on December 31, 2005. (B) Of the two persons appointed by the Senate Committee on Rules, one shall be appointed to a term which expires on December 31, 2002, and one shall be appointed to a term which expires on December 31, 2004. (C) Of the two persons appointed by the Speaker of the Assembly, one shall be appointed to a term which expires on December 31, 2003, and one shall be appointed to a term which expires on December 31, 2005. (2) Following expiration of each of the initial terms provided for in this subdivision, the term shall expire every four years thereafter on December 31. (e) Members of the authority are subject to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). (f) From among its members, the authority shall elect a chairperson, who shall preside at all meetings of the authority, and a vice chairperson to preside in the absence of the chairperson. The chairperson shall serve a term of one year. (g) Five members of the authority constitute a quorum for taking any action by the authority.  SEC. 4.   SEC. 3.  Section 185025 is added to the Public Utilities Code, to read:  185025. The authority shall submit an annual funding plan to the California Transportation Commission for approval. Among other things, the funding plan shall identify the need for investments during the fiscal year to which it applies, and the amount of bond sales necessary to accommodate those investments.   185025.  (a) The authority shall adopt and submit to the Governor and the Legislature, not later than October 1 of each year, a high-speed rail passenger train program. The program shall cover a period of five fiscal years, beginning July 1 of the year following the year it is adopted, and shall be a statement of intent by the authority to request funding in the annual Budget Act for the following five years. (b) The high-speed rail passenger train program shall include a listing of all capital improvement projects that are expected to require appropriation in the annual Budget Act, including state, federal, local, and private funds, during the following five fiscal years. (c) For each segment, the high-speed rail passenger train program shall specify the expenditure amount and the expenditure year for each of the following project components: (1) Completion of all permits and environmental studies. (2) Preparation of plans, specifications, and estimates. (3) Acquisition of rights-of-way, including, but not limited to, support activities. (4) Construction and construction management and engineering, including surveys and inspection. (5) Any additional components the authority deems to be appropriate.