Environment, Energy and Transportation

State Legislative Developments Related to Amtrak and Passenger Rail Issues

November 2001

Prepared by: L. Jeanne Kaufmann and James B. Reed

Introduction

This report summarizes state legislation from the 2001 state legislative sessions regarding rail passenger issues and Amtrak. The report covers January 1 through November 1, 2001. It is divided into three sections--enacted, pending, and failed legislation. At the beginning of the enacted and pending sections, bills that have been newly signed and introduced since the legislative update in June of 2001 are noted.

Enacted Legislation

The following section summarizes enacted legislation relating to Amtrak and passenger rail issues. A total of 23 bills were signed into law during this period.

New bill and newly signed

California

AB 1706 (Committee on Transportation)

Makes technical corrections and deletes obsolete provisions in existing law relating to public transit, streets and highways. As the bill relates to rail issues: it defines "transit" to specifically include rapid transit; requires the Department of Transportation (DOT) repay from the State Highway Account to the Traffic Congestion Relief Fund all funds received as federal reimbursements for funds exchanged under the exchange program, except that repayments are not required to be repaid more often than on a quarterly basis; authorizes the relinquishment to the Cities of Downey and Bellflower portions of Route 19; and requires that on or before October 1, 2002, the DOT submit a report to the Legislature that includes an estimate and documentation of statewide unfunded capital and operating needs for each rail transportation agency over the next ten years.

Signed by governor, Chapter 597

SJR 18 (Alarcon)

Requests Congress adopt the Railroad Retirement and Survivors Improvement Act to support legislation that would provide tax relief to, freight lines, Amtrak, and commuter lines and that would improve railroad retirement benefits for retirees and their survivors.

Adopted

Illinois

HJR 9 (Hoffman, et al.)

Adopted

Missouri

HCR 14 (Koller)/SCR 10 (Staples)

Adopted

Oregon

HJM 10 (Gardner, et al.)

Adopted

Vermont

HB 64 (Committee on Transportation)

Provides funds from the Transportation Capital Construction Program to, among other projects, investment in rail projects in excess of $20 million, including track and bridge upgrades to initiate passenger rail service to Manchester; track improvements between Middlebury and Charlotte; AMTRAK service; rail stations for the commuter rail project; three-way partnership grants with businesses for rail siding projects; and continuation of the Rutland railyard relocation project. In addition, the program authorizes the secretary of transportation to negotiate a contract for the acquisition or lease of the New England Central Railroad Line between Essex Junction and Burlington and to negotiate and execute an agreement resulting in the restoration of Amtrak's Vermonter service along the New England Central Railroad.

Signed by governor, Act No. 64

Newly signed

California

AB 405 (Salinas)

Specifies that disabled passengers in wheelchairs who travel by rail feeder bus service over any regular route of the Capitol Corridors between Monterey County and the City of San Jose be exempt from the requirement to purchase a ticket for rail service on at least one leg of the trip. It also directs the Department of Transportation to encourage the following local agencies to execute a memorandum of understanding that, among other things, addresses a long-term solution to the passenger service needs of those traveling by bus between specific counties and cities: Amtrak; the Transportation Agency of Monterey County; and any private motor carrier that operates regular service on the route.

Signed by governor, Chapter 245

New Hampshire

HB 258 (Katsakiores)

Establishes a task force to conduct an ongoing study of the feasibility of re-establishing the Lawrence, Massachusetts to Manchester, New Hampshire rail service line and the Concord to Lebanon northern passenger rail service line.

Signed by governor, Chapter 271

North Carolina

SB 9 (Plyler, et al.)

Establishes the Virginia-North Carolina Interstate High-Speed Rail Commission to determine the desirability and feasibility of establishing high-speed passenger rail service between Virginia and North Carolina and requires a report of its findings and any recommendations to the governor and the General Assembly at the end of the 2002 Regular Session of the 2001 General Assembly.

Signed by governor, Session Law Number 266

Rhode Island

SB 1029 (Revens) became SR303 (Revens)

Resolution requesting Amtrak replace the retaining wall which separates the Amtrak railroad line from Kimberly Village Condominium on 4156-4160 Post Road, Warwick.

Adopted

Vermont

SJR 46 (Doyle, et al.)

Urges the passage of federal legislation (S 250) to support long-term bonds to provide capital for intercity passenger rail.

Adopted

Previously Enacted

Florida

HB 489 (Johnson, et al.) [Similar to SB 1178 (Comprehensive Planning, Local and Military Affairs, et al.)]

Creates the High Speed Rail Study Commission; provides for membership and appointment, staff, duties of the commission, and dissolution of the commission upon submission of a required report; directs the Department of Transportation to begin collecting and organizing existing data on high speed rail systems; and provides an appropriation.

Signed by governor, Chapter 153

Idaho

HJM 2 (Transportation and Defense Committee)

Urges Congress to restore the daily passenger rail service of the Pioneer, serving to connect Idaho residents to the nation.

Adopted

Indiana

SCR 22 (Landske and Mrvan)

Urges Congress and the President to establish a dedicated national funding mechanism for high-speed passenger rail service.

Adopted

Maine

HB 1053/LD 1416 (Fisher)

Authorizes the Department of Transportation or the Northern New England Passenger Rail Authority to develop and build a railroad bridge across the tidewaters of Back Cove in Portland.

Signed by governor, Chapter 18

SB 202/LD 767 (Savage)

Limits the liability arising from the providing of passenger rail service to $75,000,000 in the aggregate for any claims and awards, compensatory or punitive, for property damage, personal injury, bodily injury or death arising from a rail incident or accident occurring in this state and involving a passenger train.

Signed by governor, Public Law 54

Montana

HB 378 (Lee)

Provides funding for an engineering and operating study of an Amtrak route across southern Montana; creates a southern Amtrak route account and allows the Department of Transportation to accept gifts, grants or donations for the account.

Signed by governor, Chapter 208

HJR 3 (Lee)

Urges support for the development of an Amtrak route between Denver and Spokane that passes through southern and western Montana.

Adopted

Nebraska

LB 244 (Bromm and Schimek)

Adopts the Midwest Interstate Passenger Rail Compact and creates a commission to further the purposes of the compact and carry out duties as specified by the compact.

Signed by governor, Section 74-1601

North Dakota

HB 1408 (Koppelman, et al.)

Establishes the Midwest Interstate Passenger Rail Compact; creates a commission to carry out the duties of the compact and define its membership, duties and powers.

Signed by governor, Chapter 106

Oklahoma

SB 120 (Herbert, et al.)

Modifies the Oklahoma Tourism and Passenger Rail Revolving Fund used by the Department of Transportation to contract railroad passenger services.

Signed by governor, Chapter 267

Tennessee

HB 1855 (Kent)/SB 1858 (Cohen)

Authorizes paddlewheel steamboat companies to transport alcoholic beverages that have not been taxed in Tennessee into this state subject to the same requirements as commercial airlines and passenger trains.

Signed by governor, Chapter 84

Virginia

SJR 396 (Watkins, et al.)

Establishes the Virginia-North Carolina Interstate High-Speed Rail Commission to study the desirability and feasibility of establishing high-speed passenger rail service between Virginia and North Carolina.

Adopted

Washington

SB 5224 (Prentice, et al.) [Companion to HB 1096 pending]

Redevelops the King Street railroad station depot, along with necessary and related properties, and finds that innovative funding arrangements can materially assist in furthering the redevelopment at reduced public expense.

Signed by governor, Chapter 62

Pending Legislation

There are 22 pieces of legislation currently pending in various state legislative committees.

New Pending Bills

New Jersey

AB 3668 (Greenstein and Guear)

Would require the New Jersey Transit Corporation undertake and complete a feasibility assessment and environmental impact study regarding passenger rail service between the Borough of Lakehurst in Ocean County and the Borough of Matawan in Monmouth County to be completed within two years of the date the bill is enacted into law and would be financed from the Transportation Trust Fund Authority.

In Assembly Transportation Committee

AB 3797 (Gusciora, et al.)

Would expand the New Jersey transit to study the expansion of a Princeton passenger rail service and appropriate funds.

In Assembly Transportation Committee

Wisconsin

SB 218 (Burke, et al.)

Four states have currently enacted the Midwest Interstate Passenger Rail Compact and this bill would create a Midwest Interstate Passenger Rail Compact for Wisconsin in order to improve and promote the development and implementation of improvements to intercity passenger rail service; coordinate interaction among elected states on passenger rail services; and support efforts of transportation agencies that are developing and implementing passenger rail service in the Midwest. It would also create a Midwest Interstate Passenger Rail Commission consisting of one member from each member state including the governor and his/her designee, a member of the house, a member of the Senate and one member of the private sector. The commission would, among other things, advocate for funding and authorization necessary to make passenger rail improvements, identify and develop ways states can form partnerships and improve passenger rail service in the region and seek development of a long-term, interstate plan for high-speed rail service implementation and report to the legislatures and governors of the member compacting states annually.

Referred to Committee on Insurance, Tourism, and Transportation

Still Pending

California

AB 473 (Perata)

Would have required the Metropolitan Transportation Commission to adopt a strategic master plan for the development of commuter rail services in the San Francisco bay area that includes all potential rail service no later than October 1, 2003. The plan would have, among other things, included an evaluation of the potential that a commuter and intercity rail system might contribute to resolution of the transbay capacity constraints; evaluation of alternative ways to connect the underground rail level of the proposed transbay terminal in San Francisco to the regional rail passenger network in Oakland and any opportunities that may have existed for through-routed operation of high-speed trains into San Francisco from the south; enhanced connectivity with BART,VTA and other transit connections; and identified locations where commuter rail systems could stimulate redevelopment.

Vetoed by governor; back to Senate

AB 1396 (Longville, et al.)

Would create the Passenger Rail Improvement, Safety, and Modernization Program; establish the Passenger Rail Improvement, Safety, and Modernization Subaccount in the State Transportation Fund; provide that eligible recipients of funding are certain public agencies and joint power authorities that provide regularly scheduled passenger rail service; require that funds allocated pursuant to the program be used for the rehabilitation or modernization of tracks utilized for public passenger rail transit, signals, structures, facilities, and rolling stock; and require eligible funding recipients to provide matching funds.

In Appropriations Committee

SB 690 (Costa, et al.)

Would have limited certain statutory activities of the High Speed Rail Authority concerning high-speed rail operations, to high-speed rail systems and technologies that, as specified, have been in service for a minimum period of time; have verifiable construction methods and costs; have verifiable operating and maintenance costs, performance, and maintenance history; and could be implemented in segments.

Vetoed by governor; back to Senate

SB 796 (Costa)

Would require the secretary for the Business, Transportation and Housing Agency and the director of the Department of Transportation, to serve as ex-officio members of the High-Speed Rail Authority; require six members to constitute a quorum for taking any action for the authority; and prohibit an ex-officio member from receiving compensation or reimbursement from the authority for travel expenses incurred in attending to the business of the authority.

Passed Senate and Assembly (returned to Assembly)

Georgia

HB 785 (Smith, et al.)

Would allow employees of the Georgia Rail Passenger Authority membership in the Employees´ Retirement System of Georgia.

In House Retirement Committee (Carryover)

New Jersey

AB 2664 (Gusciora, et al.)

Would require New Jersey Transit to study feasibility and estimate costs of rail passenger service between Trenton City and Wall Township along the I-195 corridor and direct allocation of funds from the Transportation Trust Fund.

Assembly Transportation Committee

AB 3266 (Guear, et al.)

Would be referred to as the Safe Railway Stations Act of 2001 and require that certain security and surveillance equipment be installed at passenger railway station property to assure the personal safety of people at or on railway station property owned by the New Jersey Transit Corporation; include a provision for property not owned by the corporation; and authorize the corporation to enter into agreements with local police departments where transmissions from security and surveillance equipment at railway stations would be received and monitored.

Assembly Transportation Committee

New York

AB 562 (Brodsky, et al.)

Would require the Metropolitan Transportation Authority or any of its subsidiaries (other than New York City Transit Authority) to issue half-fare token to any passenger of its railroad facilities who experiences delays in departure or arrival, failure to carry passengers fully to their destination, failure to have a seat available on passenger cars, or failure to maintain air temperature in passenger cars.

Referred to Committee on Corporations, Authorities and Commissions

AB 1900 (Weisenberg, et al.)

Would implement a program authorizing the Metropolitan Transportation Authority, in consultation with the Long Island Rail Road, to permit certain police officers, peace officers and criminal investigators employed by (Amtrak) the National Railroad Passenger Corporation to ride the Long Island Rail Road without paying a fare.

Referred to Committee on Corporations, Authorities and Commissions

AB 2204 (Hoyt, et al.)/SB 1902 (Maziarz, et al.)

Would create the New York State High Speed Rail Commission to produce, among other things, a development plan for high speed rail along the Empire Corridor; provide for membership, organization, purposes, powers (to examine, evaluate and make recommendations concerning specified issues and associated other powers) and reporting; create a technical oversight committee; provide for public outreach; report to the Legislature and the governor by March 1, 2004; make an appropriation of $2,000,000; and provide for the repeal of provisions upon expiration.

Referred to Committee on Transportation

AB 5867 (Nolan, et al.)/SB 3082 (Padavan)

Would establish a performance indicator poster program to report indicators concerning the quality and quantity of service on a rapid transit route operated by the New York City Transit Authority and on the passenger environment of the subway cars for that route, and at railroad stations operated by the Long Island rail road or the metro-north commuter railroad (operated by the Metro Transit Authority) and the passenger environment of the station and the passenger cars serving said stations.

Passed Assembly; referred to Committee on Rules

AB 6376 (Bragman)

Would direct the Department of Transportation to prepare a biennial intercity rail passenger development plan for review and consideration by the Legislature and the governor detailing current, past and projected capital and operating subsidies provided by the state; capital facilities improvements necessary; a performance evaluation; current and proposed route and services plans; and federal funding information.

Referred to Committee on Transportation

AB 7674 (Levy, et al.)

Would direct railroad corporations that operate passenger trains in the state to prohibit the use of cellular or wireless telephones by passengers in the first two cars of passenger trains.

Referred to Committee on Transportation

AB 8500 (Hoyt)

Would prohibit operating cab of a passenger train on any main line track in non-cab signaled territory unless manned with a crew of at least 2 engineers; make a violation a class A misdemeanor; and define main track line and cab signal.

Referred to Committee on Transportation

Oklahoma

SJR 4 (Herbert)

Would impose a tax on gasoline used or consumed in the state of one cent per gallon where revenue would be put into the Oklahoma Tourism and Passenger Rail Revolving Fund to extend passenger rail services throughout the state; create the Advisory Committee on Passenger Rail Services whose duty would be to oversee the expenditure of state and federal funds, and funds from other sources, by the department of Transportation relating to passenger rail service in the state; and provide for a ballot title.

Passed Senate; House referred to Revenue and Taxation Committee (Carryover)

Pennsylvania

SB 664 (Kukovich, et al.)

Would provide for contracts relating to rail passenger service; administer a capital construction grant; establish the Rail Passenger Advisory Panel; establish the Rail Passenger Fund; and make an appropriation.

Transportation Committee

SR 48 (Stout, et al.)

Would urge the governor, the Department of Transportation and Amtrak, to take measures to increase the levels of both interstate and intrastate high-speed and conventional passenger rail service and to foster the implementation of intermodal opportunities within the various regions of the Commonwealth and that steps be taken to develop a comprehensive passenger rail plan that considers high-speed and conventional modes, that uses the existing rail structure and that draws upon the collaborative efforts of national, state and regional rail entities as well as the private sector.

State Government Committee

Washington

HB 1096 (Mitchell, et al.) [Companion to SB 5224 which was signed by governor]

Would redevelop the King Street railroad station depot, along with necessary and related properties, and finds that innovative funding arrangements can materially assist in furthering the redevelopment at reduced public expense.

In Special Session

Failed Legislation

Twenty-six pieces of legislation died or failed to be enacted during the 2001 legislative sessions.

Arkansas

HB 1146 (Milligan)

Would have limited liability in rail incidents or accidents involving a for-profit passenger excursion train and required insurance coverage for a for-profit, passenger excursion train.

No Carryover

California

AB 1094 (Briggs)

Would have established the Rail Consolidation Grant Program within the Department of Transportation to fund rail consolidation by awarding grant funds on a competitive basis to counties who apply, who are consolidating multiple railroad lines and railroad crossings within the county, and would have required the California Transportation Commission establish criteria that the department would use to score grant applicants.

SB 264 (Ackerman and Daucher)

Would have provided that no cause of action for damages be accrued against an entity that operates a railroad to or on behalf of any person killed or injured while driving or riding in a motor vehicle that collides with a train.

Connecticut

SB 1132/LCO 3749 (Planning and Development Committee)

Would provide for a study of the feasibility of freight and passenger rail linkages from northeastern Connecticut to New England and the rest of the nation by an agency not responsible for highways.

Died in Appropriations Committee

Florida

HB 507 (Ross, et al.)/ SB 1134 (Laurent, et al.)

Would have provided legislative findings, policy, purpose, and intent with respect to the development, financing, construction, and operation of an intrastate high speed rail transportation system in the state; created the Florida High Speed Rail Authority; provided membership, terms, organization, compensation and duties of the authority; designated local areas of the state to be served; and determined the sequence of construction. Would also have provided for various authorizations of the authority; specific duties of the Department of Environmental Protection; exempted selected franchises; appropriated funds for the authority; and repealed the Florida High-Speed Rail Transportation Act.

Died in Committee on Fiscal Policy & Resources

SB 212 (Klein)

Would have proposed a constitutional amendment to repeal the provision that requires the development and operation of a high-speed ground transportation system in the state.

Died in Committee on Transportation

SB 1178 (Comprehensive Planning, Local and Military Affairs, et al.) [Similar to HB 489 (Johnson, et al.) Signed by governor, Chapter 153]

Would create the High Speed Rail Study Commission; provide for membership and appointment, staff, duties of the commission, and dissolution of the commission upon submission of a required report; direct the Department of Transportation to begin collecting and organizing existing data on high speed rail systems; and provide an appropriation.

House Bill 489 substituted

Idaho

SB 1108 (Transportation Committee)

Would have required every railroad corporation operating in the state to employ no fewer than two employees on every freight train and passenger train.

No Carryover

Indiana

HB 1192 (Kromkowski)

Would have required at least two employees to operate a train that is carrying hazardous material; is operated over a public crossing; or is operated on or adjacent to a track where a passenger train is operating and provide penalties for violations.

No Carryover

SB 238 (Landske and Mrvan)

Would have established the Indiana High Speed Rail Study Commission to evaluate existing studies that address the needs and viability of high speed rail service in and through the state and required the commission to submit a final report of their findings and recommendations to the legislative council before November 1, 2005.

No Carryover

SB 258 (Riegsecker, et al.)

Would have required that 10 percent of the sales taxes collected on gasoline and special fuel be distributed among certain funds for airport development, high speed rail development, public mass transportation, and commuter rail service.

No Carryover

SB 446 (Landske, et al.)

Would have appropriated $10,000,000 to the Department of Transportation for developing a high-speed rail system during the biennium beginning July 1, 2001.

No Carryover

Iowa

HF 193 (State Government) [Formerly HF 30 (Jacobs and Connors)]/SF 16 (Boettger)/SF 460 (Transportation)

Would have provided that the Midwest Interstate Passenger Rail Compact is entered into and enacted into law with several other midwestern states if those states join the compact in substantially the same form; established a commission to further the purposes of and carry out the duties specified in the compact; and provided a list of powers and duties the commission would have related to the compact.

Kentucky

SCR 41 (Sanders)

Would have directed the Interim Joint Committee on Appropriations and Revenue to study the development of passenger and freight rail initiatives in the Commonwealth; developed an inventory of existing infrastructure, technology, and funding sources affecting both passenger and freight rail services; identified needed improvements to rail infrastructure, options for utilizing technology to increase passenger and freight rail service, options for preserving abandoned rail lines and corridors and methods of maximizing the state's ability to receive federal rail funds and future federal transportation funding bills; reviewed rail initiatives in bordering states and identified steps necessary to develop a compatible rail network throughout the state; and reported to the Legislative Research Commission no later than September 30, 2002.

No Carryover

Maine

HB 1005/LD 1342 (Richardson)

Would have enhanced, upgraded and encouraged passenger rail service in Maine through the creation of a rail trust fund.

Minnesota

HF 1711 (Hausman, et al.)/ SF 1377 (Kelly, et al.)

Would have authorized spending to acquire and to better public land and other public improvements of a capital nature; authorized issuance of state bonds; and appropriated money for commuter rail, high-speed rail, and transit purposes.

SF 1875 (Kiscaden, et al.)

Would have appropriated money to the Commissioner of Transportation to pay state dues under the Midwest Interstate Passenger Rail Compact.

Montana

HB 72 (Facey)

Would have created the Montana Rail Passenger Board; established board membership and terms of appointment; and provided for duties including advising the governor, legislature, and the Department of Transportation on the development of a long-range plan related to increasing commuter passenger rail services in the state; assisted in developing initiatives and strategies to encourage the development and use of intercity and commuter passenger rail service in the state; acted as a liaison among the state, local governments, railroad industry, and the public; and terminated on July 1, 2001.

No Carryover

New Hampshire

HB 352 (Bergin)

Would have established limitations on the liability of passenger rail operators and certain liability insurance requirements for passenger rail operators.

New Mexico

SB 92 (Garcia)

Would have appropriated funds for a study of proposed Amtrak service between Albuquerque and El Paso.

North Carolina

HR 1021 (Goodwin, et al.)

Would have requested that Congress adopt the Railroad Retirement and Survivors Improvement Act to support legislation that would have provided tax relief to, freight lines, Amtrak, and commuter lines and that would have improved railroad retirement benefits for retirees and their survivors.

Rhode Island

HB 5298 (McNamara, et al.)

Would have created a special commission to study high speed rail service between T.F. Green State Airport and Quonset Point.

Died in House Corporation Committee

HB 6164 (Palumbo, et al.)

Would have requested Amtrak install a fence along the railroad right of way through the city of Warwick.

Died in House Corporation Committee

Virginia

HJR 68 (McClure, et al.)

Would have requested the Department of Transportation and the Department of Rail and Public Transportation identify preferred locations for passenger rail stations along the Interstate Route 66 corridor; potential sources of revenues to support construction of such stations; and necessary legislative and other actions needed to begin the accumulation of financial and other resources required for the construction of those stations.

No Carryover

HJR 220 (Not available)

Would have requested the Department of Rail and Public Transportation to study rail passenger service between Bristol and Richmond and Washington DC, with the goal of verifying the validity of the department's projected cost for capital improvements needed to make this rail service a reality, and explore possible sources of funding to support the project.

No Carryover

SJR 234 (Not available)

Would have requested the Department of Rail and Public Transportation study rail passenger service between Bristol and Richmond and Washington D.C. and verify the validity of the Department's projected cost for capital improvements needed.

No Carryover

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