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HomeMy WebLinkAboutStaff Report 250-10City of Palo Alto 1 0 City Manager's Report TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: CITY MANAGER DATE: MAY 17,2010 CMR: 250:10 REPORT TYPE: ACTION SUBJECT: Approval of Recommendation from the High Speed Rail Committee Regarding Revisions to Guiding Principles; and Discussion of High Speed Rail Issues Summary RECOMMENDATION The Council's High Speed Rail Committee recommends approval of the revised "Role and Guiding Principles." (Attachment A) ROLE AND GUIDING PRINCIPLES FOR THE HIGH SPEED RAIL COMMITTEE Because of the evolving nature of the peninsula segment of the High Speed Rail project, the HSR Committee has proposed the attached revisions to the Council's adopted Guiding Principles. Initially adopted in May 2009 (Attachment B), the Guiding Principles are intended to provide on~going policy direction to the HSR Committee to enable the Committee to effectively represent Palo Alto's interest. The revised principles begin to incorporate policy and Palo Alto's desired outcomes. As more information has been provided regarding the implementation of the San Jose to San Francisco segment, the HSR Committee concluded that the update to the May 2009 principles was essential to adequately reflect the City's evolving HSR policy position. The attached draft was created by the Committee at its meeting on May 13,2010. Council review and action on the revised Role and Guiding Principles document is requested. HIGH SPEED RAIL ISSUES UPDATE The High Speed Rail Authority has extended their deadline for comments on the Alternatives Analysis from June 8, 2010 to June 30, 2010. This is helpful although still a constrained timeframe, as the City has yet to receive full responses to information requests from High Speed Rail that are important for our response to the Alternatives Analysis. In addition, (FYI) the HSR Authority Staff forwarded their suggested guidelines for Preliminary Alternatives Analysis (See Attachment D). Obviously, the need for Community outreach indicates that even the revised deadline is too constrained. CMR: 250:10 Page 1 of2 Also Staff has identified some of the significant issues relevant to high speed rail. (Attachment C) The issue outline was prepared in response to Council's direction to identify the significant issues influencing Council's high speed rail policy discussions. The list is intended to be a very preliminary outline of major issues to facilitate Council discussion. Staff clearly understands it requires significant analytical work to inform a complete Council Policy Statement. Finally, the bill and summary of AB 3034, the Safe Reliable, High Speed Passenger Train Bond Act for the 21 st Century (2008) is attached. (Attachment D) ATTACHMENTS Attachment A: Draft Role and Guiding Principles Attachment ~: Adopted Guiding Principles May 2009 Attachment C: Draft High Speed Rail Policy Issues Outline Prepared by City of Palo Alto Staff at City Council's Request (5-12-2010) Attachment D: Guidelines for Preliminary Alternatives Analysis Attachment E: AB 3034 Legislative Summary PREPARED BY: CITY MANAGER APPROVAL: CMR: 250:10 Page 2 of2 Attachment A ROLE AND GUIDING PRINICIPLES OF THE HIGH SPEED RAIL COMMITTEE OF THE PALO ALTO CITY COUNCIL DRAFT May 13 /2010 Background In November 2008 California voters approved a nearly ten billion dollar bond measure, the primary purpose of which is to develop high speed rail (HSR) service from Los Angeles to San Francisco. The High Speed Rail Authority has decided that the route HSR will take from San Jose to San Francisco is along the Caltrain right of way (ROW), including the portion of the ROW that runs through Palo Alto. However, the Environmental Impact Report used by the Authority in making this decision has been de-certified per court order. Many issues, such as the vertical alignment of the HSR, remain undecided. Recognizing that HSR could have many impacts on Palo Alto, some quite negative, and that swift City action might be needed in many circumstances the City Council on May 18, 2009 created an ad hoc High Speed Rail Subcommittee of four Council Members, (since changed to a standing committee and renamed the High Speed Rail Committee). The Council also adopted a set of Guiding Principles which allowed the Committee to take a variety of actions in the name of the City without action of the full Council. During the past year the Committee---indeed the entire community---have learned a great deal about HSR and many HSR related actions have taken place. The City Council therefore, adopts the following Principles to guide its the decision making framework and actions of the Committee: Role and Authority of the High Speed Rail Committee The Committee shall advise the City Council on HSR and related rail transit matters and provide the community with appropriate forums for the discussion of such issues. The Committee shall keep the full Council informed on a regular basis. The Committee shall have the authority to act on behalf of the City on HSR and related rail transit matters when there is not sufficient time to refer a particular issue to the full City Council before action is needed. Such actions by the Committee shall include, but not be limited to, testimony before the state legislature, the HSR Authority, Congress and other pertinent governmental agencies and advocacy (oral or written) pertaining to pending or desired legislation. Such actions by the Committee shall be consistent with the following policies of the City: Guiding Principles 1. The City is opposed to an elevated alignment of HSR/Caltrain in Palo Alto. Attachment A 2. The City's preferred vertical alignment of HSR in Palo Alto is below grade. 3. All neighborhoods in Palo Alto affected by HSR should be treated on the same basis with respect to vertical alignment impacts. 4. The City believes that the pending program EIR for the Central Valley to San Francisco portion of HSR is fatally flawed and that the HSR Authority should reopen and reconsider its decision to use the Pacheco Pass route. 5. The City further believes that the ridership study used by the Authority contains dubious and erroneous assumptions and that the Legislature should order an independent ridership study under its direction and control. 6. The City supports the findings of the Legislative Analysts Office and State Auditor which question the viability and accuracy of the Authority's Business Plan on such matters as the identification of sufficient, reliable funding sources, project management and operations of HSR. 7. The City favors legislation which would enable effective implementation of the Peer Review committee authorized by AB 3034 with respect to HSR. 8. Palo Alto supports transit and urban design solutions that will be compatible with our economic development strategies, transportation goals, and vision of the transit corridor with i n ou r boundaries; HSR/Caltrain needs to complement the goals and strategies of our Comprehensive Plan. 9. Palo Alto supports the use of the Context Sensitive Solutions related to HSR and Caltrain that is effectively funded and implemented by the Peninsula Rail Program and the High Speed Rail Authority. 10. Palo Alto strongly supports CalTrain and the commuter rail service at the present or improved levels of service. 11. Palo Alto also supports the electrification of CalTrain pursuant to its present plans but independent of HSR. 12. Palo Alto will work cooperatively with neighboring communities with respect to HSR issues of mutual concern through vehicles such as the Peninsula Cities Consortium. 13. The Guiding Principles of the Committee incorporates Council adopted written comments to the Authority and its Representatives. City Council High Speed Rail Subcommittee Guiding Principles Adopted May 18, 2009 Attachment R The City Council High Speed Rail Subcommittee, consisting of four members, is designated by the City Council to represent the City in public in meetings with community groups and stakeholders, when speaking to other public agencies, when providing written correspondence in advocating for legislation related to high speed rail. The Subcommittee will have the authority to speak on behalf of the City Council at hearings on short notice when full City Council discussion at a regularly scheduled Council meeting is not feasible. In such cases the Subcommittee should be guided by broad principles that are consistent with existing City Comprehensive Plan and adopted City Council policies. In order to ensure consistency with existing City Council positions and policies, the Subcommittee will be guided by the following principles: • The City is supportive of efforts to improve accountability and effective' governance of high speed rail planning and operations. • The City advocates advancing economic feasibility analysis and project financing options by High Speed Rail Governing Body to implement selected alternatives. • The Ad Hoc committee will work with peninsula cities coalition to draft Memorandum of Understanding with Caltrain and HSRA and return to full Council for review and approval. • The City understands the opportunity to apply for Federal stimulus funding but is concerned that enough time is allowed for appropriate analysis, public process, and decision making. • The City recognizes that High Speed Rail, if done correctly, has the potential to minimize adverse impacts and be beneficial to the community. • While acknowledging that the current direction for the San Jose to San Francisco High Speed Train project is to use the Caltrain right-of-way as the for the high speed rail corridor between San Jose and San Francisco, the City is open to and could support alternative alignments. • The Ad Hoc Committee will be guided by the City of Palo Alto Scoping Comments for the California High Speed Rail Authority'S San Francisco to San Jose High Speed Train (HST) Environmental Impact Report/Environmental Impact Statement (EIR/EIS). Attachment B • The City supports Caltrain electrification and improved commuter rail services between San Francisco and San Jose. The City supports evaluation of operating conditions along the Caltrain right-of-way that would be conducive to a high speed rail intercity connection in San Jose, with improved Caltrain commuter rail service between San Jose and San Francisco. • The City is supportive of exploring creative urban design and use of context­ sensitive design processes that consider community values in collaborative community-sensitive planning and for the high speed rail project. • The Subcommittee shall provide monthly reports to the Council on the activities of the Peninsula cities Consortium. • The Subcommittee will meet regularly with community leaders and stakeholders to inform and involve the larger Palo Alto community in the planning, review, oversight and decision-making for the San Francisco to San Jose HST project. ATTACHMENT C Draft High Speed Rail Policy Issues Outline Prepared by City of Palo Alto Staff at City Council's Request (5-12-2010) 1. Environmental Impacts a. Noise, Vibration, Visual Blight b. Traffic c. Construction Impacts 2. Vertical Separation a. Supports HSR in deep buried tunnel b. Options for Caltrain grade separations c. Covered Trench d. Restoring existing undercrossing to grade level 3. Caltrain (JPB) Commuter Service a. Caltrain Service preserved or enhanced after HSR b. Preserve "Baby Bullet" c. Travel times should be reduced d. Financial solvency for JPB e. Shared operations provided greatest flexibility 4. Land Use Compatibility a. Below grade options: Re-use Right-of-Way b. Study land use options of possible alternatives i.e. use of surface right-of- way, Transit Oriented development c. Right-of-Way adequacy d. Eminent Domain e. Equity of treatment of all sections in Palo Alto f. Impacts on existing stations (Downtown and California Avenue) g. Impacts to property values 5. Palo Alto Station Yes or l\Io? a. Quantify footprint and infrastructure requirements b. Impacts to Downtown c. Quantify Economic benefits 6. Community Engagement a. Identify Stakeholders issue, values and measures of success b. Understand choices and alternatives c. Understand criteria HSRA will use to make changes ATTACHMENT 0 GUIDELINES FOR PRELIMINARY ALTERNA"rlVES ANALYSIS COMMENTS Prepared by HSR Staff and presented to the Technic" or mg (Staff representatives) May 13, 2010 We are requesting that comments be received y June 30, 2010. Keep comments focused on the alternatives. Comments related to other issues won't be addressed as part of the Supplemental Alternatives Analysis. Be specific. Comments area easier to understand and address if we know specifically what your community is concerned about. Use the ~oals that have been deyeloped as a guide (See Issues and Opportunities Matrices o,n the PRP website for specific goals) to ensure that we are using a common vocabula,ry. ~onsider giving examples of what you are Interested in or concerned about. Comment on. each alternative. While we expect that each city will have a preference among the alternatives under study, it is critical to obtain feedback on all the alternatives, which will inform the cost/benefit analysis as the project is further defined. Focus on what works (and what doesn't) and why. Use the goals that we have developed to test whether a particular alternative works from your city's perspective. Please indicate which goals it meets or doesn't ,meet, and where, ~eographically speaking, an alternative causes concerns. (i.e. The aerial alternative causes concerns about noise and visual impact in the residential neighborhoods at the north end of our city.) Consider what would need to happen in order to make alternatives work. Be creative and consider what mitigations or amenities might be necessary in order to make each alternative the best for your community. (J.e. The open trench alternative would be optimized ifthe area between Street X and Street Y near City downtown were covered creating a new civic plaza.) Consider how combinations of alternatives might be best to meet different priorities in different parts of your city. Not all solutions work for all areas. Consider how to use the potential transitions that have been called out to identify combinations of alternatives that best address your community needs. Consider talking with your I'\ei(~~ori~.s cities about comments that are consistent betWeen your communities. Keep in mind "t'hat there are is communities along the corridor and not all of them have the same priorities and that the alternatives in one community can affect the alternatives in the next community. These areas will require strong communication and coordination between communities. Perhaps It is possible to work together to envision how different solutions could cross city boundaries. .\ Attachment E AB 3034 Legislative Summary Provided by Ravi Mehta Capitol Advocates Subject to voter approval, the act would provide for the issuance of $9.95 billion of general obligation bonds, $9 billion of which would be available in conjunction with any available federal funds for planning and construction ofa high-speed train system pursuant to the business plan of the High­ Speed Rail Authority, and $950 million of which would be available for capital projects on other passenger rail lines to provide counectivity to the high-speed train system and for capacity enhancements and safety improvements to those lines. This bill would repeal the above-referenced provisions and enact new provisions submitting a $9.95 billion general obligation bond act to the voters for approval at the November 4, 2008, general election for the same purposes. The bill would revise and recast the previously proposed bond act. The bill would refer to construction of a high-speed train system consistent with the authority's certified environmental impact reports of November 2005 and July 9, 2008, rather than with the final business plan of June 2000. The bill would revise the descriptions of route corridors of the proposed high-speed train system. The bill would require excess revenues from operation of the high-speed train system beyond the amount needed for operating and maintenance costs and financing obligations, as determined by the authority, to be used for construction, expansion, improvement, replacement, and rehabilitation of the high­ speed train system. The bill would require that not more than 10% of high-speed rail bond proceeds be used for environmental studies, planning, and preliminary engineering activities and that not more than 2.5% of high-speed rail bond proceeds be used for administrative expenses, except as specified. The bill would generally require the authority to complete various funding plans and financial analyses, as specified, prior to submitting a request for appropriation of bond funds for eligible capital costs and prior to committing bond proceeds for expenditure for construction and real property and equipment acquisition, but would also provide that up to 7.5% of high-speed rail bond proceeds may be used for specified expenditures outside of those requirements. The bill would require the authority to give priority in selecting corridors for construction to those corridors that are expected to require the least amount of bond funds as a percentage oftotal cost of construction, among other considerations. The bill would provide for the bonds to have a final maturity of not more than 40 years. CALIFORNIA LEGISLATURE-2007-o8 REGULAR SESSION ASSEMBLY BILL No. 3034 Introduced by Assembly Members Galgiani and Ma (Principal coauthor: Assembly Member Davis) (Coauthor: Senator Steinberg) February 22,2008 An act to amend Sections 2704.04, 2704.06, 2704.08, and 2704.095 of the Streets and Highways Code, and to amend Sections 1,3, and 4 of Chapter 697 of the Statutes of 2002, relating to transportation, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 3034, as introduced, Galgiani. Safe, Reliable High-Speed Passenger Train Bond Act for the 21 st Century. Existing law, Chapter 697 of the Statutes of 2002, as amended by Chapter 71 of the Statutes of 2004 and Chapter 44 of the Statutes of 2006, provides for submission of the Safe, Reliable High-Speed Passenger Train Bond Act for the 21 st Century to the voters for approval at the November 4, 2008, general election. Subject to voter approval, the act would provide for the issuance of $9.95 billion of general obligation bonds, $9 billion of which would be available in conjunction with any available federal funds for planning and construction of a high-speed train system pursuant to the business plan of the High-Speed Rail Authority, and $950 million of which would be available for capital projects on other passenger rail lines to provide connectivity to the high-speed train system and for capacity enhancements and safety improvements to those lines. This bill would make various revisions to the bond act to be submitted to the voters. The bill would refer to construction of a high-speed train 99 AB3034 -2- system consistent with the authority's certified environmental impact report of November 2005, rather than with the final business plan of June 2000. The bill would revise the descriptions of route segments of the proposed high-speed train system. The bill would require excess revenues from operation of the high-speed train system beyond the amount needed for high-speed train purposes, as defined by the authority, to be deposited in the General Fund. The bill would require that not more than 10% of bond proceeds be used for environmental studies, planning, and engineering activities, and would require the authority to have a detailed funding plan for each segment of the system that identifies the full cost of construction and the sources of revenues for that segment, prior to awarding a construction contract for the segment. The bill would require the authority to give priority in selecting each specific segment for construction to those segments that require the least amount of bond funds as a percentage of total cost of construction, among other considerations. This bill would declare that it is to take effect immediately as an urgency statute. Vote: %. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 1 of Chapter 697 ofthe Statutes of2002, 2 as amended by Section 1 of Chapter 71 of the Statutes of 2004, is 3 amended to read: 4 Section 1. (a) In light of the events of September 11, 2001, it 5 is very clear that a high speed pasSen:gCf ti'am n~tvv'Ofk as described 6 in the High Speed Rail Authority's Business Plan is essefitial for 7 the tfaftsportation needs of the gfO'wifig population afid eeOfi:()ft'lie 8 activity of this state The continuing growth in California's 9 population and the resulting increase in traffic congestion, air 10 pollution, greenhouse gas emissions, and loss of land make it 11 imperative that the state proceed quickly to construct a 12 state-of-the-art high-speed passenger train network to serve major 13 metropolitan areas. 14 (b) The initial high speed train neWv'Ofk linking San Fmaciseo 15 and the bay area to Los Angeles '.vill sef'Ve as the baekbone of what 16 will bccome an extensFv'c 700-mile system that will link all of the 17 state's major population centers, ineluding Sacramento, the bay 99 -3-AB 3034 1 area, the Cetrtral Valley, Los Angeles, the Inland Empire, Orange 2 Coun-ty, and San Diego, and address the needs of the state The 3 High-Speed Rail Authority, after extensive studies and analysis, 4 proposf!s the construction of a new high-speed train network that 5 serves major population centers in the state and that links regional 6 and local transit systems to form an integrated transportation 7 network throughout the state. The network will link all of the state's 8 major population centers, including Sacramento, the Bay Area, 9 the Central Valley, Los Angeles, the Inland Empire, Orange 10 County, and San Diego. 11 (c) The high-speed train network proposed by the authority will 12 cost about one-third of what it would cost to provide the same 13 level of mobility and service with highway and airport 14 improvements and will contribute significantly toward a reduction 15 in air pollution and global warming. 16 (d) The high-speed train network, once it is completed and 17 becomes operational, will contribute significantly toward the goal 18 of reducing greenhouse gas emissions and other air pollutants 19 and will help reduce California's dependence on foreign energy 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 sources. W (e) The high-speed passenger train bond funds are intended to encourage the federal government and the private sector to make a significant contribution toward the construction ofthe high-speed train network. Ed) The initial segmCftts shall be built in a maooer that yields maximum: bCftefit eonsistent vv'ith available revenues. Ee) After the initial iftvestment from the state, operating revCftues from the initial segmeftts and funds from the fedeml government and the pry.'8:te seetor will be used to pay for C*pansion of the system. It is the intent of the Legislature that the entire high speed train system shall be eonstrueted as quiekly as possible in order to maximize ridership and the mobility of Californians. (f) At a miniffiUffi, the entire 700 mile system deseribed in the High Speed Rail Authority's Business Plan should be eonstrueted and in revenue sef'viee by 2020 It is the intent of the Legislature that the entire high-speed train system shall be constructed as quickly as possible in order to maximize ridership and the mobility of Californians, and that it be completed no later than 2020, and 99 AB3034 -4- I that all phases shall be built in a manner that yields maximum 2 benefit consistent with available revenues. 3 SEC. 2. Section 2704.04 of the Streets and Highways Code, 4 as added by Section 2 of Chapter 697 of the Statutes of 2002, is 5 amended to read: 6 2704.04. (a) It is the intent of the Legislature by enacting this 7 chapter and of the people of California by approving the bond 8 measure pursuant to this chapter to initiate the construction of a 9 high-speed train network consistent with the authority's-Fittal 10 Busilless Pltm ofJUlle 2000 certified environmental impact report 11 of November 2005. 12 (b) (1) Nine billion dollars ($9,000,000,000) of the proceeds 13 of bonds authorized pursuant to this chapter, as well as federal 14 funds and other revenues made available to the authority, to the 15 extent consistent with federal and other fund source conditions, 16 shall be used for planning and eligible capital costs, as defined in 17 subdivision (c), for the segmrut of the high speed traill system 18 betVv'eell Sall Fr8:llciseo Tl'8:llsbay Termillal alld Los Afigclcs Bftioll 19 StatiOll. Oftec eoftstruetioll of thcSall Frallciseo-Los Allgelcs 20 segmrut is fully fimded, all remailling ftmds dcscribed ill this 21 Sttbdrv'isioll shall bc uscd for I'lannillg alld eligible cal'ital costs, 22 as defilled ill subdrv'isioll (c), for the follO"w'illg additiollal 23 high speed traill scgmertts v,rithout I'referellce to order purpose of 24 including, but not limited to, the following high-speed train system 25 segments: 26 (A) Oaldflftd Sall Jose Sacramento to Stockton to Fresno. 27 (B) Sacramruto Mereed San Francisco Transbay Terminal to 28 San Jose to Fresno. 29 (C) Los Afigclcs I1ilaoo Empire Oakland to San Jose. 30 (D) I1iI8:lld Eml'irc Sall Diego Fresno to Bakersfield to Palmdale 31 to Los Angeles Union Station to Anaheim to Irvine. 32 (E) Los Afigeles m'illc Los Angeles Union Station to Riverside 33 to San Diego. 34 (F) Los Angeles Union Station to Irvine. 35 (2) Revenues gcnerated by operations above and beyond 36 operating and maintenance costs shall be used to-fulld complete 37 construction of the high-speed train system, as defined by the 38 authority If excess revenues exceed the amount needed for the 39 high-speed train system, those revenues shall be deposited in the 40 General Fund. 99 -5-AB3034 I (c) Capital costs eligible to be paid from proceeds of bonds 2 authorized for high-speed train purposes pursuant to this chapter 3 include all activities necessary for acquisition of right-of-way, 4 construction of tracks, structures, power systems, and stations, 5 purchase of rolling stock and related equipment, and other related 6 capital facilities and equipment. 7 (d) Proceeds of bonds authorized pursuant to this chapter shall 8 not be used for any operating or maintenance costs of trains or 9 facilities. 10 (e) The State Auditor shall perform periodic audits of the 11 authority'S use of proceeds of bonds authorized pursuant to this 12 chapter for consistency with the requirements of this chapter. 13 SEC. 3. Section 2704.06 of the Streets and Highways Code, 14 as added by Section 2 of Chapter 697 of the Statutes of 2002, is 15 amended to read: 16 2704.06. Nine billion dollars ($9,000,000,000) of the money 17 in the fund, upon appropriation by the Legislature, shall be 18 available, without regard to fiscal years, for planning and 19 construction of a high-speed train system in this state, consistent 20 with the authority's Firutl Busiftess PiftH: of JuH:e 2000 certified 21 environmental impact report of November 2005, as subsequently 22 modified pursuant to environmental studies conducted by the 23 authority. 24 SEC. 4. Section 2704.08 of the Streets and Highways Code, 25 as added by Section 2 of Chapter 697 of the Statutes of 2002, is 26 amended to read: 27 2704.08. (a) Proceeds of bonds authorized for high-speed train 28 purposes pursuant to this chapter shall not be used for more than 29 one-half of the total cost of construction of track and station costs 30 of each segment of the high-speed train system. 31 (b) Not more than 10 percent of the proceeds of bonds 32 authorized pursuant to this chapter shall be used for environmental 33 studies, planning, and engineering activities. 34 (c) In selecting each specific segment for construction and prior 35 to awarding a construction contract, the authority shall have a 36 detailed funding plan for that segment that identifies the full cost 37 of constructing the segment and the sources of all revenues needed 38 to complete construction of the segment. 39 (d) In selecting each specific segment for construction, the 40 authority shall give priority to those segments that require the 99 AB3034 -6- 1 least amount of bond funds as a percentage of total cost of 2 construction, shall consider the utility of that segment for other 3 passenger rail services, and shall ensure that any other passenger 4 service provided on that segment will not result in any operating 5 or maintenance cost to the authority. 6 SEC. 5. Section 2704.095 of the Streets and Highways Code, 7 as added by Section 2 of Chapter 697 of the Statutes of 2002, is 8 amended to read: 9 2704.095. (a) (1) Of the proceeds of bonds authorized pursuant 10 to this chapter, nine hundred fifty million dollars ($950,000,000) 11 shall be allocated to eligible recipients for capital improvements 12 to intercity and commuter rail lines and urban rail systems-t6 that 13 provide direct connectivity to the high-speed train system and its 14 facilities, or that are part of the construction of the high-speed 15 train system as that system is described in subdivision (b) of 16 Section 2704.04 aM te, or that provide capacity enhancements 17 and safety improvements. Funds under this section shall be 18 available upon appropriation by the Legislature in the Annual 19 Budget act for the eligible purposes described in subdivision (d). 20 (2) Twenty percent (one hundred ninety million dollars 21 ($190,000,000)) of the amount authorized by this section shall be 22 allocated for intercity rail to the Department of Transportation, for 23 state-supported intercity rail lines that provide regularly scheduled 24 service and use public funds to operate and maintain rail facilities, 25 rights-of-way, and equipment. A minimum of 25 percent of the 26 amount available under this paragraph (forty-seven million five 27 hundred thousand dollars ($47,500,000)) shall be allocated to each 28 of the state's three intercity rail corridors. 29 The California Transportation Commission shall allocate the 30 available funds to eligible recipients consistent with this section 31 and shall develop guidelines, in consultation with the authority, 32 to implement the requirements of this section. The guidelines shall 33 include provisions for the administration of funds, including, but 34 not limited to, the authority of the intercity corridor operators to 35 loan these funds by mutual agreement between intercity rail 36 corridors. 37 (3) Eighty percent (seven hundred sixty million dollars 38 ($760,000,000)) of the amount authorized by this section shall be 39 allocated to eligible recipients, except intercity rail, as described 99 -7-AB 3034 I in subdivision ( c) based upon a percentage amount calculated to 2 incorporate all of the following: 3 (A) One-third of the eligible recipient's percentage share of 4 statewide track miles. 5 (B) One-third of the eligible recipient's percentage share of 6 statewide annual vehicle miles. 7 (C) One-third of the eligible recipient's percentage share of 8 statewide annual passenger trips. 9 The California Transportation Commission shall allocate the 10 available funds to eligible recipients consistent with this section 11 and shall develop guidelines to implement the requirements ofthis 12 section. 13 (b) For the purposes of this section, the following terms have 14 the following meanings: 15 (1) "Track miles" means the miles of track used by a public 16 agency or joint powers authority for regular passenger rail service. 17 (2) "Vehicle miles" means the total miles traveled, commencing 18 with pullout from the maintenance depot, by all locomotives and 19 cars operated in a train consist for passenger rail service by a public 20 agency or joint powers authority. 21 (3) "Passenger trips" means the annual unlinked passenger 22 boardings reported by a public agency or joint powers authority 23 for regular passenger rail service. 24 (4) "Statewide" when used to modify the terms in paragraphs 25 (A), (B), and (C) of paragraph (3) of subdivision (a) means the 26 combined total of those amounts for all eligible recipients. 27 (c) Eligible recipients for funding under paragraph (3) of 28 subdivision (a) shall be public agencies andjoint powers authorities 29 that operate regularly scheduled passenger rail service in the 30 following categories: 31 (1) Commuter rail. 32 (2) Light rail. 33 (3) Heavy rail. 34 (4) Cable car. 35 (d) Funds allocated pursuant to this section shall be used for 36 connectivity with the high-speed train system or for the 37 rehabilitation or modernization of, or safety improvements to, 38 tracks utilized for public passenger rail service, signals, structures, 39 facilities, and rolling stock. 99 AB3034 -8- 1 (e) Eligible recipients may use the funds for any eligible rail 2 element set forth in subdivision (d). 3 (t) In order to be eligible for funding under this section, an 4 eligible recipient under paragraph (3) of subdivision (a) shall 5 provide matching funds in an amount not less than the total amount 6 allocated to the recipient under this section. 7 (g) An eligible recipient of funding under paragraph (3) of 8 subdivision (a) shall certify that it has met its matching funds 9 requirement, and all other requirements of this section, by 10 resolution of its governing board, subject to verification by the 11 California Transportation Commission. 12 (h) Funds made available to an eligible recipient under paragraph 13 (3) of subdivision (a) shall supplement existing local, state, or 14 federal revenues being used for maintenance or rehabilitation of 15 the passenger rail system. Eligible recipients of funding under 16 paragraph (3) of subdivision (a) shall maintain their existing 17 commitment of local, state, or federal funds for these purposes in 18 order to remain eligible for allocation and expenditure of the 19 additional funding made available by this section. 20 (i) In order to receive any allocation under this section, an 21 eligible recipient under paragraph (3) of subdivision (a) shall 22 annually expend from existing local, state, or federal revenues 23 being used for the maintenance or rehabilitation of the passenger 24 rail system in an amount not less than the annual average of its 25 expenditures from local revenues for those purposes during the 26 1998-99,1999-2000, and 2000-01 fiscal years. 27 G) Funds allocated pursuant to this section to the Southern 28 California Regional Rail Authority for eligible projects within its 29 service area shall be apportioned each fiscal year in accordance 30 with memorandums of understanding to be executed between the 31 Southern California Regional Rail Authority and its member 32 agencies. The memorandum or memorandums of understanding 33 shall take into account the passenger service needs of the Southern 34 California Regional Rail Authority and of the member agencies, 35 revenue attributable to member agencies, and separate contributions 36 to the Southern California Regional Rail Authority from the 37 member agencies. 38 SEC. 6. Section 3 of Chapter 697 of the Statutes of 2002, as 39 amended by Section 3 of Chapter 44 of the Statutes of 2006, is 40 amended to read: 99 -9 AB3034 1 Sec. 3. Section 2 of Chapter 697 of the Statutes of 2002, as 2 amended by Sections 2 and 3 of Chapter 71 ofthe Statutes of2004, 3 tm:d as further amended by Sections 1 and 2 of the act ameftding 4 this section in the 2005 06 Regular Session Chapter 44 of the 5 Statutes of 2006, and as further amended by Sections 2 to 5, 6 inclusive, of the act amending this section in the 2007-08 Regular 7 Session, shall take effect upon the adoption by the voters of the 8 Safe, Reliable High-Speed Passenger Train Bond Act for the 21 st 9 Century, as set forth in Section 2 of Chapter 697 of the Statutes 10 of 2002, as amended by Sections 2 and 3 of Chapter 71 of the 11 Statutes of 2004,--and as further amended by Sections 1 and 2 of 12 the act amending this seetion in the 2005 06 Regular Session 13 Chapter 44 of the Statutes of 2006, and as further amended by 14 Sections 2 to 5, inclusive, of the act amending this section in the 15 2007-08 Regular Session. 16 SEC. 7. Section 4 of Chapter 697 of the Statutes of 2002, as 17 amended by Section 4 of Chapter 44 of the Statutes of 2006, is 18 amended to read: 19 Sec. 4. (a) Section 2 of Chapter 697 of the Statutes of~ 20 2002, as amended by Sections 2 and 3 of Chapter 71 of the Statutes 21 of 2004,--and as further amended by Sections 1 and 2 ofthe act 22 amending this seetion in the 2005 06 Regular Session Chapter 44 23 of the Statutes of 2006, and as further amended by Sections 2 to 24 5, inclusive, of the act amending this section in the 2007-08 25 Regular Session, shall be submitted to the voters at the November 26 4, 2008, general election in accordance with provisions of the 27 Government Code and the Elections Code governing the 28 submission of statewide measures to the voters. 29 (b) Notwithstanding any other provision of law, all ballots of 30 the November 4, 2008, general election shall have printed thereon 31 and in a square thereof, exclusively, the words "Safe, Reliable 32 High-Speed Passenger Train Bond Act for the 21st Century" and 33 in the same square under those words, the following in 8-point 34 type: "This act provides for the Safe, Reliable High-Speed 35 Passenger Train Bond Act for the 21st Century. For the purpose 36 of reducing traffic on the state's highways and roadways, upgrading 37 commuter transportation, improving people's ability to get safely 38 from city to city, alleviating congestion at airports, reducing air 39 pollution, and providing for California's growing population, shall 40 the state build a high-speed train system and improve existing 99 AB3034 -10- 1 passenger rail lines serving the state's major population centers 2 by creating a rail trust fund that will issue bonds totaling $9.95 3 billion, paid from existing state funds at an average cost of __ 4 dollars ($ ~ per year over the 30-year life of the bonds, with 5 all expenditures subject to an independent audit?" The blank space 6 in the question to appear on the ballot pursuant to this subdivision 7 shall be filled in by the Attorney General with the appropriate 8 figure provided by the Legislative Analyst relative to the annual 9 average cost of the bonds. Opposite the square, there shall be left 10 spaces in which the voters may place a cross in the manner required 11 by law to indicate whether they vote for or against the measure. 12 (c) Notwithstanding Sections 13247 and 13281 of the Elections 13 Code, the language in subdivision (b) shall be the only language 14 included in the ballot label for the condensed statement of the 15 ballot title, and the Attorney General shall not supplement, subtract 16 from, or revise that language, except that the Attorney General 17 may include the financial impact summary prepared pursuant to 18 Section 9087 of the Elections Code and Section 88003 of the 19 Government Code. The ballot label is the condensed statement of 20 the ballot title and the financial impact summary. 21 (d) Where the voting in the election is done by means of voting 22 machines used pursuant to law in the manner that carries out the 23 intent of this section, the use of the voting machines and the 24 expression ofthe voters' choice by means thereof are in compliance 25 with this section. 26 SEC. 8. This act is an urgency statute necessary for the 27 immediate preservation of the public peace, health, or safety within 28 the meaning of Article IV of the Constitution and shall go into 29 immediate effect. The facts constituting the necessity are: 30 In order to modify the provisions of a general obligation bond 31 measure on the November 4, 2008, general election ballot that 32 would authorize the issuance and sale of bonds for the financing 33 of a high-speed passenger train system and for other related 34 purposes, it is necessary that this act take effect immediately. o 99 /