Today's Law As Amended

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SB-742 Intercity passenger rail services: motor carrier transportation of passengers.(2019-2020)



SECTION 1.
 The Legislature finds and declares both of the following:
(a) The coordination of public and private intercity transportation to and from passenger rail stations is essential to providing a statewide intercity passenger transportation network.
(b) The availability of intercity bus transportation that connects to passenger rail services and that serves communities during time periods when that transportation is not otherwise provided by private intercity transportation companies could provide a significant additional travel choice for statewide intercity passenger network users and, if available to all riders, could help ensure the optimal use of intercity transportation funding.
(c) The support of existing intercity bus services is critical to maintaining rural services and connections to the state’s surface transportation system, and funding pursuant to this measure should, to the greatest extent possible, enhance those services and damage to those services should be avoided if possible, and if not, limited to the extent practicable.

SEC. 2.

 Section 14035.55 of the Government Code is amended to read:

14035.55.
 (a) The Legislature finds and declares all of the following:
(1) Intercity passenger bus service provided by intercity bus companies on a regular-route basis is the only public mass transportation service in the state to provide surface transportation without public subsidy.
(2) The long-term maintenance of private sector intercity passenger service is of vital importance to the state.
(3) Intercity bus companies serve many communities throughout California, providing a network of connection points without equal by any other mode of public or private transportation.
(b) (a)  To the extent permitted by federal law, the department shall encourage Amtrak  intercity passenger rail providers  and motor carriers of passengers to do both of the following:
(1) Combine or package their respective services and facilities to the public as a means of improving intercity transportation  services to the public.
(2) Coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation. transportation to and from connecting points of passenger rail service. 
(c) (b)  Except (1)   as authorized under subdivisions (e) and (f), the  The  department may provide funding to Amtrak for the  a joint powers authority responsible for the administration of an intercity passenger rail service for the  purpose of entering into a contract with a
(3) Vehicles of the motor carrier, when used to transport passengers pursuant to paragraph (2), are used exclusively for that purpose.
(4) The motor carrier is registered with the United States Department of Transportation (DOT) and operates in compliance with the federal motor carrier safety regulations, and provides service that is accessible to persons with disabilities in compliance with applicable DOT regulations pertaining to Amtrak services, in accordance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336).
(d) The department shall incorporate the conditions specified in subdivision (c) into state-supported passenger rail feeder bus service agreements between Amtrak and motor carriers of passengers. The bus service agreements shall also provide that a breach of those conditions shall be grounds for termination of the agreements.
(e) (2)  Notwithstanding subdivisions (c) and (d), the department may provide funding to Amtrak for the purpose of  The joint powers authority shall, before  entering into a contract with a private  motor carrier of passengers to transport Amtrak passengers on buses operated on a route, if the buses are operated by the motor carrier as part of a regularly scheduled, daily bus service that has been operating consecutively without an Amtrak contract for 12 months immediately prior to contracting with Amtrak. passengers, consult with and consider relevant local and regional public transit operators to determine if a local or regional public transit operator can provide the planned service and to attempt to avoid conflicts with existing public transit services. 
(f) (3)  Notwithstanding subdivisions (c) and (d), or any other provision of law, the department may enter into a contract, either directly with a public motor carrier in the County of Monterey, or indirectly with that carrier through a contract with Amtrak, to provide mixed-mode feeder bus service on the San Jose-Gilroy-Monterey route. The contract with a public motor carrier may only be entered into if the department determines that there is no  Before contracting for motor carrier connections to or from an intercity rail service pursuant to this subdivision, a joint powers authority shall make a good faith effort to coordinate with  private motor carrier providing scheduled bus service on the San Jose-Gilroy-Monterey route. However, the contract shall be terminated, within 120 days’ notice to the public motor carrier, if a private motor carrier again operates a scheduled service on the San Jose-Gilroy-Monterey route. services to provide timely connections with intercity rail services, including through agreements to fund modifications or expansions of existing motor carrier services to better coordinate with existing rail service. 
(g) (4)  Pursuant to paragraph (2) of subdivision (c), the department may amend its contract with Amtrak to add a term to provide bus service to passengers traveling solely by bus on the Sacramento-South Lake Tahoe route and between Lebec and Santa Clarita on the Bakersfield-Santa Clarita route. A contract amendment with Amtrak may only be entered into if the department determines that there is no private motor carrier providing scheduled bus service on the route that is the subject of the contract amendment. However, the applicable contract amendment shall be terminated, within 120 days’ notice to Amtrak, if a private carrier again operates a scheduled bus service on the Sacramento-South Lake Tahoe route, or within 60 days’ notice to Amtrak, if a private carrier again operates a scheduled bus service between Lebec and Santa Clarita on the Bakersfield-Santa Clarita route. The joint powers authority shall document the differences, including time of day, between the proposed motor carrier services and the existing services in communities served if proposing a publicly funded motor carrier service pursuant to this subdivision. 
(5) The requirements of paragraphs (2) to (4), inclusive, shall be documented, presented, and available for public comment in a public meeting of the applicable joint powers authority.
(c) Motor carrier connections funded pursuant to this section may transport passengers who are not connecting to a passenger rail service.
(d) State agencies and departments, public and private transit operators, intercity motor carriers of passengers, Amtrak, and joint powers authorities may enter into revenue sharing and ticket selling agreements with each other to provide for intercity transportation of passengers and connections at rail stations to and from local transit systems and intermodal and intercity motor carrier terminals.
(h) (e)  The (1)   department shall undertake a two-year study of patronage on the bus service operated between the City of Sacramento and the City of South Lake Tahoe and intermediate points pursuant to subdivision (g), identifying the number of  A joint powers authority that contracts for service pursuant to this division, in consultation with the department, shall submit a report to the Legislature on or before January 1, 2023, that shall include, but not be limited to, the number of its  passengers who are transferring to an Amtrak rail service and those  intercity passenger rail service, the number of its passengers  who are traveling solely on the bus service. The study shall identify the revenue from each category of passengers and include other pertinent ridership information. The report shall be submitted to the transportation policy committees of the Legislature no later than March 1, 2010. motor carrier, the extent to which the contracted service is similar to services offered by privately operated intercity motor carriers, the impact of the publicly funded motor carrier service on privately operated motor carrier services, and any revenue sharing and ticket selling agreement entered into pursuant to subdivision (d). The report may also include any recommendations for changes to state polices to encourage increased connectivity and service quality. 
(2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2027, pursuant to Section 10231.5.
(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
(i) (f)  For purposes of this section, the following terms have the following meanings:
(1) “Amtrak” means the National Railroad Passenger Corporation.
(2) “Department” means the Department of Transportation or the department’s successor with respect to providing funds to subsidize Amtrak service.
(3) “Joint powers authority” means a joint exercise of powers agency established pursuant to this chapter.
(3) (4)  “Motor carrier of passengers” means a person or entity providing motor vehicle transportation of passengers for compensation.
(4) “Mixed-mode feeder bus service” means bus service carrying both passengers connecting to or from a rail service and passengers only using the bus service.