BILL NUMBER: AB 2658	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 19, 2010

   An act  to add Chapter 2.5 (commencing with Section 13987) to
Part 4.5 of Division 3 of Title 2 of the Government Code, 
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2658, as amended, Conway. Short line railroads.
   Existing law provides for various transportation planning
activities by the Department of Transportation and other agencies.
Existing law provides funding for projects to enhance goods movement
 and for projects to rehabilitate short line railroads  .

   This bill would state the intent of the Legislature to initiate a
coordinated short line railroad program in this state to improve the
movement of goods.  
   This bill would require the Business, Transportation and Housing
Agency to prepare a 5-year Short Line Commercial Rail Haul
Connectivity Plan for the state, the focus of which would be to
identify, with a statewide emphasis, opportunities for short line
commercial rail system improvements and linkages. The plan would be
required to include desirable linkages and feeder opportunities
between short line commercial rail services, 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 short line commercial 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 agencies and entities responsible
for the various rail and highway systems. The plan would initially be
submitted to the California Transportation Commission for approval
on September 1, 2012, and every 5 years thereafter. Upon approval of
the plan, the commission, for each commercial rail project to improve
the movement of goods that is 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 2.5 (commencing with Section
13987) is added to Part 4.5 of Division 3 of Title 2 of the 
 Government Code   , to read:  
      CHAPTER 2.5.  SHORT LINE COMMERCIAL RAIL HAUL CONNECTIVITY PLAN


   13987.  (a) The agency shall be responsible for preparation of a
five-year Short Line Commercial Rail Haul Connectivity Plan for the
state. The focus of the strategic plan shall be to identify, with a
statewide emphasis, those opportunities for short line commercial
rail system improvements and linkages to promote the efficient
movement of goods. In that regard, the strategic plan shall include
desirable linkages and feeder opportunities between various short
line commercial rail services. The strategic plan shall identify the
coordination in planning and capital investments necessary to
maximize the opportunities to establish a cohesive, connected, and
easy-to-use system for short line commercial rail service providers
to move goods in this state. The strategic plan shall also identify
future right-of-way needs of short line commercial 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.
   (b) The strategic plan shall be developed in consultation with
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, 2012, 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
commercial rail project to improve the movement of goods that is
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.    It is the intent of the Legislature
to initiate a coordinated short line railroad program in this state
to improve the movement of goods.