Sec. 9209. State-supported routes operated by Amtrak
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Section 24712 of title 49, United States Code, is amended to read as follows: There is established a State-Supported Route Committee (referred to in this section as the Committee ) to promote mutual cooperation and planning pertaining to the current and future rail operations of Amtrak and related activities of trains operated by Amtrak on State-supported routes and to further implement section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 note).
The Committee shall consist of— members representing Amtrak; members representing the Department of Transportation, including the Federal Railroad Administration; and members representing States. The Committee may invite and accept other non-voting members to participate in Committee activities, as appropriate. The Committee shall establish a bloc voting system under which, at a minimum— there are 3 separate voting blocs to represent the Committee’s voting members, including— 1 voting bloc to represent the members described in paragraph (2)(A)(i); 1 voting bloc to represent the members described in paragraph (2)(A)(ii); and 1 voting bloc to represent the members described in paragraph (2)(A)(iii); each voting bloc has 1 vote; the votes of the voting bloc representing the members described in paragraph (2)(A)(iii) requires the support of at least two-thirds of that voting bloc’s members; and the Committee makes decisions by unanimous consent of the 3 voting blocs.
If all members of a voting bloc described in paragraph
(3)abstain from a Committee decision, agreement between the other voting blocs consistent with the procedures set forth in paragraph
(3)shall be deemed unanimous consent. The Committee shall define and periodically update the rules and procedures governing the Committee’s proceedings. The rules and procedures shall— incorporate and further describe the decisionmaking procedures to be used in accordance with paragraph (3); and be adopted in accordance with such decisionmaking procedures. Decisions made by the Committee in accordance with the Committee’s rules and procedures, once established, are binding on all Committee members. Subject to subparagraph (B), the Committee may amend the cost methodology policy required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 note). Subject to the requirements of clause (iii), the Committee shall, not later than March 31, 2022, update the cost methodology policy required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 note). Such update shall be consistent with the principles for revision of the Committee pursuant to such section and consistent with any subsequent changes to such principles approved by the Committee. The Committee shall implement the updated policy beginning in fiscal year 2023 and shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report documenting and explaining any changes to the policy and plans for implementation not later than 30 days after the adoption of the updated policy. To the extent that a policy implemented pursuant to clause
(i)assigns to Amtrak costs that were previously allocated to States, Amtrak shall request such costs in the general and legislative annual report required by section 24315 or in any appropriate subsequent Federal funding request for the fiscal year in which the revised policy is implemented. The rules and procedures implemented under paragraph
(5)shall include procedures for changing the cost methodology policy under this subparagraph, notwithstanding section 209(b) of the Passenger Rail Investment and Improvement Act (49 U.S.C. 22 24101 note), and procedures or broad guidelines for conducting financial planning, including operating and capital forecasting, reporting, and data sharing and governance. The cost methodology policy shall— ensure equal treatment in the provision of like services of all States and groups of States; assign to each route the costs incurred only for the benefit of that route and a proportionate share, based upon factors that reasonably reflect relative use, of costs incurred for the common benefit of more than 1 route; and promote increased efficiency in Amtrak’s operating and capital activities. Amtrak shall provide to each State that sponsors a State-supported route a monthly invoice of the cost of operating such route, including fixed costs and third-party costs. A State shall provide to the Committee and Amtrak planning and demand reports with respect to a planned or existing State-supported route. The Committee shall require Amtrak to provide to the States and the Committee financial and performance reports at a frequency, and containing such information, as determined appropriate by the Committee. If a dispute arises with respect to the rules and procedures implemented under subsection (a)(5), an invoice or a report provided under subsection (b), implementation or compliance with the cost methodology policy developed under section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 note) or amended under subsection (a)(7) of this section, either Amtrak or the State may request that the Surface Transportation Board conduct dispute resolution under this subsection. The Surface Transportation Board shall establish procedures for resolution of disputes brought before it under this subsection, which may include provision of professional mediation services. A decision of the Surface Transportation Board under this subsection shall be binding on the parties to the dispute. Nothing in this subsection shall affect the obligation of a State to pay an amount related to a State-supported route that a State sponsors that is not in dispute. The Secretary may provide assistance to the parties in the course of negotiations for a contract for operation of a State-supported route. From among available funds, the Secretary shall provide— financial assistance to Amtrak or 1 or more States to perform requested independent technical analysis of issues before the Committee; and administrative expenses that the Secretary determines necessary. In negotiating a contract for operation of a State-supported route, Amtrak and the State or States that sponsor the route shall consider including provisions that provide penalties and incentives for performance, including incentives to— increase revenue; reduce costs; finalize contracts by the beginning of the Federal fiscal year; and require States to promptly make payments for services delivered. The Committee shall develop and annually review and update, as necessary, a statement of goals, objectives, and associated recommendations concerning the future of State-supported routes operated by Amtrak. The statement shall identify the roles and responsibilities of Committee members and any other relevant entities, such as host railroads, in meeting the identified goals and objectives, or carrying out the recommendations. The statement shall include a list of capital projects, including infrastructure, fleet, station, and facility initiatives, needed to support the growth of State-supported routes. The Committee may consult with such relevant entities, as the Committee considers appropriate, when developing the statement. Not later than March 31 of each year, the Committee shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the most recent annual update to the statement developed under paragraph (1). In developing a new State-supported route or expanding an existing State-supported route, Amtrak shall closely coordinate with all States in which such route operates, and shall consult with the following: The local municipalities in which the proposed route operates. Commuter authorities and regional transportation authorities (as such terms are defined in section 24102) in the areas proposed to be served by such route. The owner of any rail infrastructure over which the proposed route operates. Administrator of the Federal Railroad Administration. Other stakeholders, as appropriate. Notwithstanding any other provision of law, before beginning construction necessary for, or beginning operation of, a State-supported route that is initiated or expanded on or after the date of enactment of the TRAIN Act , Amtrak shall enter into an agreement with the State in which the proposed route operates for sharing ongoing operating costs and capital costs in accordance with— the cost methodology policy described under subsection (a)(7); or the alternative cost methodology schedule described in paragraph (3). Under the cost methodology schedule described in this paragraph, with respect to costs not covered by revenues for the operation of a State-supported route, Amtrak shall pay— the share Amtrak otherwise would have paid under the cost methodology under subsection (a); and a percentage of the share that the State otherwise would have paid under the cost methodology policy under subsection
(a)according to the following: Amtrak shall pay up to 100 percent of the capital costs and planning costs necessary to initiate a new State-supported route or expand an existing State-supported route, including planning and development, design, and environmental analysis costs, prior to beginning operations on the new route. For the first 2 years of operation, Amtrak shall pay for 100 percent of operating costs and capital costs. For the third year of operation, Amtrak shall pay 90 percent of operating costs and capital costs and the State shall pay the remainder. For the fourth year of operation, Amtrak shall pay 80 percent of operating costs and capital costs and the State shall pay the remainder For the fifth year of operation, Amtrak shall pay 50 percent of operating costs and capital costs and the State shall pay the remainder. For the sixth year of operation and thereafter, operating costs and capital costs shall be allocated in accordance with the cost methodology policy described under subsection
(a)as applicable. In this subsection, the terms capital cost and operating cost shall apply in the same manner as such terms apply under the cost methodology policy developed under subsection (a). Not later than 18 months after an updated cost methodology policy required under subsection (a)(7)(B) is implemented, the Committee shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report assessing the implementation of the updated policy. Amtrak shall provide an update in the general and legislative annual report required by 24315(b) of planned or proposed changes to State-supported routes, including the introduction of new State-supported routes. In identifying routes to be considered planned or proposed under this subsection, Amtrak shall— identify the timeframe in which such changes could take effect and whether Amtrak has entered into a commitment with a State under subsection (g)(2); and consult with the Committee and any additional States in which a planned or proposed route may operate, not less than 120 days before an annual grant request is transmitted to the Secretary. The decisions of the Committee— shall pertain to the rail operations of Amtrak and related activities of trains operated by Amtrak on State-sponsored routes; and shall not pertain to the rail operations or related activities of services operated by other rail carriers on State-supported routes. In this section, the term State means any of the 50 States, including the District of Columbia, that sponsor or propose to sponsor the operation of trains by Amtrak on a State-supported route, or a public entity that sponsors or proposes to sponsor such operation on such a route. .
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- 49 USC 22
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