Chapter 1. General Provisions of California Public Utilities Code >> Division 10. >> Part 11.5. >> Chapter 1.
This part shall be known as the Clean Air and Transportation
Improvement Act of 1990.
The people of California find and declare all of the
(a) Rail transportation results in cleaner air, less energy use,
more transportation opportunities for those who cannot drive, and
less crowding on already overcrowded streets and highways.
(b) For these reasons, it is appropriate to use state general
obligation bonds to finance rail infrastructure.
(c) This part will result in implementation of part of an overall
transportation plan which will provide cleaner air and better
transportation options for all Californians.
For purposes of this part, the following terms have the
following meanings, unless expressly stated otherwise:
(a) "CalTrain" means the commuter rail service operated along the
San Francisco Peninsula commute corridor.
(b) "Commission" means the California Transportation Commission.
(c) "Commuter rail service" and its derivative terms have the same
meaning as the term "commuter service" and its derivative terms, as
defined in paragraph (9) of subsection (a) of Section 502 of Title 45
of the United States Code.
(d) "Department" means the Department of Transportation.
(e) "Exclusive public mass transit guideway" means a transit
capital improvement included in the definition of this term as
applied and used in 70 Op. Atty. Gen. 119 or a transit capital
improvement for which motor vehicle fuel tax funds from the State
Highway Account in the State Transportation Fund were actually
allocated by the commission on or before January 1, 1989.
(f) "Fund" means the Clean Air and Transportation Improvement Fund
created by Section 99610.
(g) "Grade separations" means grade separations for either
passenger or freight rail services.
(h) "Intercity rail" and its derivative terms means passenger rail
service between urban areas of the state.
(i) "Local agency" means a county, city, city and county, county
transportation commission, county transportation authority, transit
development board, transit district, or any joint powers agency
specified in this part.
(j) "Rail project" means a commuter passenger rail service
project, an intercity passenger rail project, or a rail transit
project, and includes exclusive public mass transit guideway projects
and the project described in Section 99624.
(k) "Rail transit" means a rail mass transportation operation
usually within an urban area, generally characterized by more
frequent service over shorter distances than normally provided by
commuter rail service or intercity rail service, and operating on a
rail line without any or with very limited rail freight service.
(l) "Right-of-way" means right-of-way for rail purposes, including
separate right-of-way alignments adjacent to existing freight lines.
(a) The department shall establish an advisory committee to
assist the department in developing specifications for standard
state-of-the-art California commuter and intercity rail cars and
locomotives. The committee shall consist of representatives from all
affected local transportation agencies as well as the department's
Division of Mass Transportation and one consumer representative.
(b) The purpose of the standard equipment is to facilitate joint
procurement in economic quantities, to further interchangeability of
equipment among corridors, and to reduce maintenance costs by
minimizing the need for spare parts inventories.
(c) To the extent possible, the committee shall rely on the
department's existing work in procuring new equipment for CalTrain.
(d) The committee shall investigate the feasibility of a uniform
design of a rail car shell which could be deployed in both intercity
and commuter rail applications, with car interiors to be
appropriately outfitted for either intercity or commuter service.
(e) The committee shall consider two types of coach service,
dining or cafe car service, or both, and economical sleeping car
service for intercity applications.
(f) The committee shall consider inclusion of sanitary holding
tanks and reasonable passenger amenities including, but not limited
to, accommodations for a reasonable number of bicycles carried on
board by passengers, for both intercity and commuter applications.
(g) Intercity equipment specifications shall not be adopted unless
approved by the National Railroad Passenger Corporation.
If bonds sufficient to fund the total aggregate of the
amounts specified in Chapter 3 (commencing with Section 99620) cannot
be sold pursuant to Chapter 6 (commencing with Section 99690), the
allocation for each project shall be reduced proportionately.
Except as otherwise provided in this part, the Legislature
may amend this part, by statute passed in each house of the
Legislature by rollcall vote entered in the journal, four-fifths of
the membership concurring, if the statute is consistent with, and
furthers the purposes of, this part. No changes shall be made in the
way in which funds are allocated pursuant to Chapter 3 (commencing
with Section 99620), except pursuant to Section 99684.