Chair, Christina Fugazi, City of Stockton Commissioner, Nancy Young, City of Tracy Vice Chair, Leo Zuber, City of Ripon Commissioner, Kathy Miller, San Joaquin County Commissioner, Jose Nuno, City of Manteca Commissioner, Melissa Hernandez, Alameda County Commissioner, Mikey Hothi, City of Lodi Commissioner, Lily Mei, City of Fremont

Executive Director, Stacey Mortensen

SAN JOAQUIN REGIONAL RAIL COMMISSION TELECONFERENCE BOARD MEETING

February 5, 2021 – 8:00 am

Call-In Information: +1 (571) 317-3122 Access Code: 314-618-965 GoToMeeting Link: https://global.gotomeeting.com/join/314618965

SPECIAL NOTICE Coronavirus COVID-19

In accordance with the Governor’s Executive Order N-29-20, San Joaquin Regional Rail Commission Board Members will be attending this meeting via teleconference or videoconference. Members of the public may observe the meeting by dialing +1 (571) 317- 3122 with access code: 314-618-965 or log-in using a computer, tablet or smartphone at GoToMeeting.com using link: https://global.gotomeeting.com/join/314618965

Please note that all members of the public will be placed on mute until such times allow for public comments to be made. If a person wishes to make a public comment during the meeting, to do so they must either 1) use GoToMeeting and will have the option to notify SJRRC staff by alerting them via the “Chat” function or they can 2) contact SJRRC staff via email at [email protected] in which staff will read the comment aloud during the public comment period. Emailed public comments should be limited to approximately 240 words as comments will be limited to two (2) minutes per comment.

This Agenda shall be made available upon request in alternative formats to persons with a disability, as required by the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132) and the Ralph M. Brown Act (California Government Code § 54954.2). Persons requesting a disability related modification or accommodation in order to participate in the meeting should contact San Joaquin Regional Rail Commission (SJRRC) staff, at (209) 944-6220, during regular business hours, at least twenty-four hours prior to the time of the meeting.

All proceedings before the Commission are conducted in English. Anyone wishing to address the SJRRC Board is advised to have an interpreter or to contact SJRRC during regular business hours at least 48 hours prior to the time of the meeting so that SJRRC can provide an interpreter. Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be made available upon request in both English and Spanish for public inspection at the Office of the Executive Director located at 949 East Channel Street, Stockton, California, 95202 during normal business hours or by calling (209) 944-6220. The Agenda is available on the San Joaquin Regional Rail Commission website: www.acerail.com.

949 East Channel Street Stockton, CA 95202 (800) 411-RAIL (7245) www.acerail.com

1. Call to Order, Pledge of Allegiance, Roll Call, Welcome and Chair Fugazi Introduction to New Rail Commissioners

Roll Call: Hernandez, Mei, Hothi, Miller, Nuno, Young, Zuber, Chair Fugazi

Ex- Officios: Nguyen, Salazar, Zoslocki, Agar

2. Public Comments Persons wishing to address the Commission on any item of interest to the public regarding rail shall state their names and addresses and make their presentation. Please limit presentations to two minutes. The Commission cannot take action on matters not on the agenda unless the action is authorized by Section 54954.2 of the Government Code. Materials related to an item on the Agenda submitted to the Board of Directors after distribution of the agenda packet are available for the public inspection in the Commission Office at 949 E. Channel Street during normal business hours. These documents are also available on the San Joaquin Regional Rail Commission website at https://acerail.com/board-of-directors/ subject to staff’s ability to post the documents prior to the meeting.

3. Consent Calendar 3.1 Minutes of SJRRC Board Meeting January 8, 2021 ACTION

3.2 Rail Commission/ACE Monthly Expenditure INFORMATION 3.3 ACE Monthly Fare Revenue INFORMATION 3.4 ACE Ridership INFORMATION 3.5 ACE On-Time Performance INFORMATION 3.6 Update on Positive Train Control INFORMATION 3.7 Washington Update INFORMATION 3.8 Agreements and Purchases Over $50,000 Executed in 2020 INFORMATION

4. Background on Rail Commission Activities and INFORMATION Governance Structure (Stacey Mortensen)

5. ACE 6-Month Operations and Financial Report for the INFORMATION period July 1, 2020 through December 31, 2020 (Stacey Mortensen)

6. Approve Resolution of the Board of Commissioners of the ACTION San Joaquin Regional Rail Commission Adopting Fiscal Year 2020/2021 Budget Amendment #1 Adding Five Capital Projects and Updating Nine Capital Projects, Increasing the Capital Budget in the Amount of $34,769,211, from $89,848,794 to $124,618,005 (Brian Schmidt/David Ripperda) (Regular Voting Members)

7. Update on Newark-Albrae Siding Project and Letters of INFORMATION Support (David Ripperda/Dan Leavitt)

8. Approve a Resolution of the Board of Commissioners of the ACTION San Joaquin Regional Rail Commission Approving a Reimbursement Agreement with Union Pacific Railroad for Preliminary Engineering Services for the Stockton Diamond Grade Separation Project for an Amount Not-to-Exceed $1,600,000 and Authorizing the Executive Director to Execute Any and All Documents Related to the Projects (Kevin Sheridan) (Regular Voting Members)

9. ACE Means-Based Discounted Ticketing Program Update INFORMATION (Rene Gutierrez)

10. Approve a Resolution of the Board of Commissioners of the ACTION San Joaquin Regional Rail Commission to Appoint a Member and an Alternate of the Rail Commission Board Who are Residents of San Joaquin County to Serve on the Governing Board of the San Joaquin Joint Powers Authority (Stacey Mortensen) (Regular Voting Members)

11. Election of Officers ACTION (Stacey Mortensen) (Regular Voting Members) 12. Commissioner’s Comments

13. Ex-Officio Comments

14. Executive Director’s Report

15. Adjournment The next regular meeting is scheduled for: March 5, 2021 – 8:00 am SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of February 5, 2021

Item 3.1 ACTION

Minutes of SJRRC Board Meeting January 8, 2021 The meeting of the San Joaquin Regional Rail Commission was held at 8:00 a.m., January 8, 2021 via teleconference.

1 Call to Order, Pledge of Allegiance, Roll Call

Chair Fugazi called the meeting to order at 8:00 a.m. and led the audience in the Pledge of Allegiance. Commissioners Present: Kuehne, Miller, Nuno, Young, Zuber, Chair Fugazi Commissioners Absent: None

Ex-Officio Members Present: Ms. Nguyen, Ms. Gayle, Mr. Zoslocki, Mr. Dumas

2 Public Comments Mr. Vaughn Wolffe wished everyone at ACE good luck in the new year and commented that he appreciates everyone involved in making ACE run.

Mr. Wolffe commented that there is no proof that money has transmitted the disease and that nobody has ever gotten the disease from money. Mr. Wolffe commented that he receives a newsletter from MIT five days per week and they have tested it numerous times, and the disease has never been transmitted, and in fact washing down the train and different surfaces is a complete waste of time because it is completely aerosol. Whatever the government is pushing, you should push back, because this is affecting people.

Chair Fugazi thanked Mr. Wolffe for his comments.

3 Consent Calendar

3.1 Minutes of SJRRC Board Meeting December 4, 2020 ACTION 3.2 Rail Commission/ACE Monthly Expenditure INFORMATION 3.3 ACE Monthly Fare Revenue INFORMATION 3.4 ACE Ridership INFORMATION 3.5 ACE On-Time Performance INFORMATION 3.6 Update on Positive Train Control INFORMATION 3.7 Washington Update INFORMATION 3.8 Blue Ribbon Task Force Letter INFORMATION

M/S/C (Zuber/Kuehne) Approve the Consent Calendar. Passed and Adopted by the San Joaquin Regional Rail Commission on the 8th day of January 2021 by the following vote to wit:

AYES: 4 Kuehne, Young, Zuber, Chair Fugazi

NOES: 0 ABSTAIN: 2 Miller, Nuno ABSENT: 0

4 Approve Two (2) Resolutions of the Board of Commissioners of the San ACTION Joaquin Regional Rail Commission Authorizing the Executive Director to Submit Grant Applications to the Alameda County Transportation Commission and the California State Transportation Agency for the Newark-Albrae Siding Connection and Execute Any and All Documents Related to the Project

Action 1. Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing the Executive Director to Submit and Execute Any and All Grant Applications, Agreements, and Any Other Documents Necessary to Obtain Alameda County Transportation Commission Funding in the Amount of $2,000,000 for the Newark-Albrae Siding Connection and Authorizing the Executive Director to Execute Any and All Documents Related to the Project

Action 2. Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing the Executive Director to Submit and Execute Any and All Grant Applications, Agreements, Certifications and Assurances and Any Other Documents Necessary to the California State Transportation Agency to obtain State Rail Assistance (SRA) Funding in the Amount of $7,800,000 for the Newark-Albrae Siding Connection Project and Authorizing the Executive Director to Execute Any and All Documents Related to the Project

David Ripperda gave a presentation on this item.

There were no comments on this item.

M/S/C (Zuber/Young) Approve Two (2) Resolutions of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing the Executive Director to Submit Grant Applications to the Alameda County Transportation Commission and the California State Transportation Agency for the Newark-Albrae Siding Connection and Execute Any and All Documents Related to the Project

Action 1. Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing the Executive Director to Submit and Execute Any and All Grant Applications, Agreements, and Any Other Documents Necessary to Obtain Alameda County Transportation Commission Funding in the Amount of $2,000,000 for the Newark-Albrae Siding Connection and Authorizing the Executive Director to Execute Any and All Documents Related to the Project

Action 2. Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing the Executive Director to Submit and Execute Any and All Grant Applications, Agreements, Certifications and Assurances and Any Other Documents Necessary to the California State Transportation Agency to obtain State Rail Assistance (SRA) Funding in the Amount of $7,800,000 for the Newark-Albrae Siding Connection Project and Authorizing the Executive Director to Execute Any and All Documents Related to the Project

Action 1 and Action 2 Passed and Adopted by the San Joaquin Regional Rail Commission on the 8th day of January 2021 by the following vote to wit: AYES: 6 Kuehne, Miller, Nuno, Young, Zuber, Chair Fugazi

NOES: 0 ABSTAIN: 0 ABSENT: 0

5 Approve a Resolution of the Board of Commissioners of the San Joaquin ACTION Regional Rail Commission Authorizing the Chair to Accept and Sign Waiver of Potential and Actual Conflicts of Interest Letters with SJRRC Counsel, Neumiller and Beardslee (N&B), Arising from Concurrent Representation of San Joaquin Joint Powers Authority and San Joaquin Regional Rail Commission Regarding 1) a Joint Use Agreement and 2) Rail Maintenance Facility (RMF) Use Agreement and Electing One of Following Options for Each Waiver Letter:

1. Waive the Conflict and allow N&B to prepare the Agreements for both SJJPA and SJRRC.

2. Waive the Conflict and allow N&B to represent either SJJPA or SJRRC in the preparation of the Agreements, but not both.

3. Do not grant a waiver and SJJPA and SJRRC retain separate legal counsel.

Stacey Mortensen and Daniel J. Schroeder gave a presentation on this item.

Commissioner Nuno asked if any other law firm has represented SJRRC.

Ms. Mortensen responded that Burke Williams represents SJRRC on Capital- related projects for Valley Rail Program. SJRRC issued a Request For Proposals (RFP) about three (3) years ago, and SJRRC elected to use N&B for certain portions of the Program and Burke Williams for other portions.

Mr. Schroeder commented that ironically, Burke Williams would have the same Conflict of Interest that N&B has.

Commissioner Nuno thanked Ms. Mortensen and Mr. Schroeder for answering his question.

Vice Chair Zuber commented that he hopes that in the future, the letter that is sent out that discusses any potential conflict is a little bit clearer as to whether or not Neumiller and Beardslee sees any conflict. Vice Chair Zuber commented that he had spoken with Ms. Mortensen a couple of times before this meeting and that he had a concern about the letter not addressing the conflicts. The letter said that N&B would identify any conflicts whether they were realistic or not, and then they didn’t do it. Vice Chair Zuber then commented that he thinks that is why the second letter came out and that he hopes that in the future the two would be put together so that it is clear the first time.

Mr. Schroeder responded that Vice Chair Zuber’s suggestion is well taken. Commissioner Kuehne asked if it is staff’s recommendation to waive the Joint Use Agreement and the RMF Agreement and approve both one and two.

Ms. Mortensen confirmed that this is staff’s recommendation.

M/S/C (Young/Zuber) Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing the Chair to Accept and Sign Waiver of Potential and Actual Conflicts of Interest Letters with SJRRC Counsel, Neumiller and Beardslee (N&B), Arising from Concurrent Representation of San Joaquin Joint Powers Authority and San Joaquin Regional Rail Commission Regarding 1) a Joint Use Agreement and 2) Rail Maintenance Facility (RMF) Use Agreement and Electing One of Following Options for Each Waiver Letter:

1. Waive the Conflict and allow N&B to prepare the Agreements for both SJJPA and SJRRC.

2. Waive the Conflict and allow N&B to represent either SJJPA or SJRRC in the preparation of the Agreements, but not both.

3. Do not grant a waiver and SJJPA and SJRRC retain separate legal counsel.

Passed and Adopted by the San Joaquin Regional Rail Commission on the 8th day of January 2021 by the following vote to wit: AYES: 6 Kuehne, Miller, Nuno, Young, Zuber, Chair Fugazi

NOES: 0 ABSTAIN: 0 ABSENT: 0 6 Approve a Resolution of the Board of Commissioners of the San Joaquin ACTION Regional Rail Commission Approving Amendment 01 to the Agreement with O’Dell Engineering for the Ripon Station Platform Project to Increase the Total Compensation by an Amount of $1,791,586 with the Total Contract Amount Not-To-Exceed $3,093,868 and Authorizing the Executive Director to Execute Any and All Documents Related to the Project

David Ripperda gave a presentation on this item.

There were no comments on this item.

M/S/C (Kuehne/Young) Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving Amendment 01 to the Agreement with O’Dell Engineering for the Ripon Station Platform Project to Increase the Total Compensation by an Amount of $1,791,586 with the Total Contract Amount Not-To- Exceed $3,093,868 and Authorizing the Executive Director to Execute Any and All Documents Related to the Project.

Passed and Adopted by the San Joaquin Regional Rail Commission on the 8th day of January 2021 by the following vote to wit: AYES: 6 Kuehne, Miller, Nuno, Young, Zuber, Chair Fugazi

NOES: 0 ABSTAIN: 0 ABSENT: 0

7 Approve a Resolution of the Board of Commissioners of the San Joaquin ACTION Regional Rail Commission Approving and Authorizing a Letter of Understanding with the City of Ripon For the Environmental and Engineering/Design Phases of the Ripon Multimodal Station and Authorizing the Executive Director to Execute Any and All Documents Related to the Project

David Ripperda gave a presentation on this item. Chair Fugazi commented that she hopes that there will be adequate flow because it looks like that area is backed into a corner.

Ms. Mortensen responded that it is a tight area and that it is against a rail line which does not have access points across it.

M/S/C (Kuehne/Young) Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving and Authorizing a Letter of Understanding with the City of Ripon For the Environmental and Engineering/Design Phases of the Ripon Multimodal Station and Authorizing the Executive Director to Execute Any and All Documents Related to the Project.

Passed and Adopted by the San Joaquin Regional Rail Commission on the 8th day of January 2021 by the following vote to wit: AYES: 6 Kuehne, Miller, Nuno, Young, Zuber, Chair Fugazi

NOES: 0 ABSTAIN: 0 ABSENT: 0

8 Approve a Resolution of the Board of Commissioners of the San Joaquin ACTION Regional Rail Commission Approving Amendment 01 to the Agreement AECOM Technical Services, Inc. for the Final EIR ACE Extension Ceres to Merced Project to Increase the Total Compensation by an Amount of $160,000 with the Total Contract Amount Not-To-Exceed $1,652,045 and Authorizing the Executive Director to Execute Any and All Documents Related to the Project

David Ripperda gave a presentation on this item.

There were no comments on this item.

M/S/C (Zuber/Young) Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving Amendment 01 to the Agreement AECOM Technical Services, Inc. for the Final EIR ACE Extension Ceres to Merced Project to Increase the Total Compensation by an Amount of $160,000 with the Total Contract Amount Not-To-Exceed $1,652,045 and Authorizing the Executive Director to Execute Any and All Documents Related to the Project.

Passed and Adopted by the San Joaquin Regional Rail Commission on the 8th day of January 2021 by the following vote to wit: AYES: 6 Kuehne, Miller, Nuno, Young, Zuber, Chair Fugazi

NOES: 0 ABSTAIN: 0 ABSENT: 0

9 Approve a Resolution of the Board of Commissioners of the San Joaquin ACTION Regional Rail Commission Approving Amendment 01 to the Agreement with Mark Thomas & Company, Inc. for the North Elk Grove Station Project to Increase the Total Compensation by an Amount of $504,030 with the Total Contract Amount Not-To-Exceed $905,690 and Authorizing the Executive Director to Execute Any and All Documents Related to the Project

David Ripperda gave a presentation on this item.

Commissioner Nuno asked if there is an existing station near this location and asked how far away it is.

Mr. Ripperda responded that there are no existing rail stations located in Elk Grove and that this would be the first one in the city.

Commissioner Nuno asked if there is a certain standard about distance from one to another for service.

Mr. Ripperda responded that for intercity rail, the stations are spread out about five (5) to ten (10) miles apart because of the time it takes a train to accelerate up to speed. It is not very efficient to have stations too close together. The station in Elk Grove would have the spacing requirement.

Commissioner Kuehne commented that Commissioner Nuno asked a good question and thanked him.

Chair Fugazi commented that hopefully the Elk Grove site is a winner. M/S/C (Kuehne/Young) Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving Amendment 01 to the Agreement with Mark Thomas & Company, Inc. for the North Elk Grove Station Project to Increase the Total Compensation by an Amount of $504,030 with the Total Contract Amount Not-To-Exceed $905,690 and Authorizing the Executive Director to Execute Any and All Documents Related to the Project.

Passed and Adopted by the San Joaquin Regional Rail Commission on the 8th day of January 2021 by the following vote to wit: AYES: 6 Kuehne, Miller, Nuno, Young, Zuber, Chair Fugazi

NOES: 0 ABSTAIN: 0 ABSENT: 0

10 Commissioner’s Comments

Commissioner Miller commented that she is pleased to be rejoining the Rail Commission Board and that she looks forward to working with everyone.

Commissioner Nuno commented that he would like to say the same as Commissioner Miller and that this is his first time joining and that it’s great to see others from around the region. Commissioner Nuno also commented that he looks forward to being on the Rail Commission Board.

Chair Fugazi responded that we look forward to working with Commissioner Miller and Commissioner Nuno. Chair Fugazi added that she is excited about the meeting agenda because we were in the Bay Area looking to increase, to Ripon, to Elk Grove, to Ceres, and Merced. We are lining it up to serve our communities and she could not be more excited about that.

Commissioner Kuehne commented that this will be his last meeting and thanked everyone for the opportunity to serve on the Rail Commission Board. 11 Ex-Officio Comments

Tom Dumas with Caltrans wished Commissioner Kuehne a great retirement from the Board. Mr. Dumas commented that the Sustainable Planning Grants are out and the call for projects are due to the District by February 12th and if there are questions, Mr. Dumas will be glad to help. There will be a workshop held next week to go over the guidelines and the applications. Mr. Dumas also commented that the California State Parks has announced workshops on their applications for Rural and Regional Park Grants. They’ve got 46 million dollars set aside for the two programs that they intend to work on regional parks and parks in non-urbanized areas. If you go to www.parks.ca.gov, you can find the links to the regional parks and rural parks area. Mr. Dumas wished everyone a happy new year.

Chair Fugazi thanked Mr. Dumas for his comments and commented that she loves seeing all of the Caltrans crews out working and cleaning up.

Mr. Zoslocki wished everyone a happy new year and commented that he is looking forward to the two projects that were just approved and seeing those get started, especially the one in Ripon that will head the train right down to his area.

Kimberly Gayle wished everyone a happy new year and commented that RTD’s on demand service will be expanded beginning in a pilot later this month. They are hoping that it will increase some of their first mile promotions as well as address some of the immediate short trip moves. Ms. Gayle mentioned in an earlier report that RTD was undertaking a system redesign study and that she will be reporting on any outcomes of that.

Chair Fugazi thanked Ms. Gayle for her comments.

Diane Nguyen, Executive Director of San Joaquin Council of Governments (SJCOG), commented that this is her first week as Executive Director of SJCOG and wanted to take a moment to introduce herself. Ms. Nguyen commented that she is very passionate about multimodal transportation options for travelers and that she remembers when started her career at SJCOG in 1995, she took the Amtrak train to her job interview in downtown Stockton. Ms. Nguyen commented that when she started her career in 1995, she worked with a driven, brilliant leader who was advancing the ACE trains, and that woman is Stacey Mortensen. Ms. Nguyen commented that it is a pleasure to still be working with Ms. Mortensen in this new role, as well as Chair Fugazi and all of the Commissioners. Ms. Nguyen added that she is excited about this opportunity and excited for all of the projects that the Rail Commission is advancing just this month and throughout this year.

Chair Fugazi thanked Ms. Nguyen for her comments.

12 Executive Director’s Report

Ms. Mortensen stated that the governor is coming out with new restrictions and they may have already been rolled out last night. There is some follow on transit-related restrictions that we talked about. Ms. Mortensen stated that there is no briefing on that but that we are going to be urged to be even more careful and even more touchless. Ms. Mortensen added that something we have been struggling against is the cash payments. We have to fight the way to accommodate cash payments. Even to this day, we have people in Lathrop that want to lay out money a bit at a time and they lay out cash. If that is what our people need, we are going to fight for that. Unless directed otherwise, we are going to continue fighting for our people in that regard. Ms. Mortensen stated that next month staff will bring to the Board a financial report. December numbers will be reconciled, and so we will be able to see how the first half of the year worked out with the COVID situation, and the revenue picture, the expense picture, and a wholistic look at how we ended up at the first half of the year. This will help us with the budget development for next year. Ms. Mortensen welcomed the new Board members and Ms. Nguyen in her new role. Ms. Mortensen commented that this was a great agenda and that there was a lot of action. Ms. Mortensen commented that all of the members were engaged and moving things forward, the region notices and people throughout the State and Nation notice. Ms. Mortensen thanked the Board members for their actions today.

13 CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL – EXISITING LITIGAITON

(Paragraph (1) of subdivision (d) of Section 54956.9)

Name of Case: Teresa Flores and Luis Flores v. San Joaquin Regional Rail Commission, Superior Court of California, County of San Joaquin, Case No. STK-CV-UPI-2009-0007884 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: One (1) case.

There was no reportable action on this item.

14 Adjournment The meeting was adjourned at 9:19 am. The next regular meeting is scheduled for: February 5, 2021 – 8:00 am Item 3.2

San Joaquin Regional Rail Commission Altamont Corridor Express Operating and Capital Expense Report November 2020 42% of Budget Year Elapsed

SJRRC EXPENSE % ACE EXPENSE % FY 20-21 TO SPENT FY 20-21 TO SPENT OPERATING EXPENSES ALLOCATION DATE TO DATE ALLOCATION DATE TO DATE

Project Management, Services & Supplies Subtotal 1,639,567 566,407 35% 4,840,542 1,185,659 24% Contracted Services Subtotal 472,133 144,742 31% 15,639,400 6,229,368 40% Shuttle Services 742,783 309,493 42% TOTAL OPERATING EXPENSES 2,111,700 711,149 34% 21,222,725 7,724,519 36%

CAPITAL EXPENSE FY 20-21 TO SPENT CAPITAL PROJECTS ALLOCATION DATE TO DATE SAN JOAQUIN RAIL COMMISSION 1 East Channel Street Improvements 2,007,500 77,589 4% 2 Robert J. Cabral Station Expansion 1,979,505 113,301 6% TOTAL CAPITAL PROJECT SJRRC $ 3,987,005 $ 190,890 5%

ALTAMONT CORRIDOR EXPRESS 1 SJ COG Loan Repayment 1,118,012 1,118,012 100% 2 A1 & A2 Bond Repayment 3,033,988 1,056,994 35% 3 UPRR Capital Access Fee 3,242,516 1,621,258 50% 4 UPRR Capitalized Maintenance Projects 4,000,000 487,293 12% 5 UPRR Safety Fund 500,000 - 0% 6 ACE Extension Natomas to Stockton 5,000,000 137,377 3% 7 ACE Extension Lathrop to Ceres/Merced 10,000,000 2,563,413 26% 8 Stockton Diamond Grade Separation 2,000,000 - 0% 9 Locomotives (4) 1,000,000 220,474 22% 10 Platform Extension Projects 3,000,000 311 0% 11 Cabral Track Extension 5,000,000 132,115 3% 12 Positive Train Control 1,221,823 86,630 7% 13 Rail Cars - (5) passenger rail cab cars and (12) passenger coach cars 27,000,000 27,000,000 100% 14 Railcar Midlife Overhaul 6,711,081 1,533,648 23% 15 Locomotive Overhaul 524,530 - 0% 16 Locomotive Conversion 239,328 - 0% 17 State Owned Equipment Truck Overhaul 1,000,000 - 0% 18 Sunol Quiet Zone Quad Gates 475,000 29,307 6% 19 Facility Upgrades and Capital Improvements 93,068 - 0% 20 Lathrop/Manteca Station Improvements 779,700 48,052 6% 21 Tracy ACE Station Improvements 1,223,367 - 0% 22 Capital Spares 546,138 - 0% 23 Safety/Security Projects 382,115 179,653 47% 24 Short Range Transit Plan 26,123 - 0% 25 WiFi Upgrade 820,000 568,474 69% 26 Public Information Display Systems (PIDS) 500,000 - 0% 27 Network Integration 450,000 139,035 31% TOTAL CAPITAL PROJECTS ACE $ 79,886,789 $ 36,922,047 46%

TOTAL CAPITAL PROJECTS SJRRC & ACE $ 83,873,794 $ 37,112,937 44% Status of FY 20/21 Capital Projects - Notes As of January 2021 SAN JOAQUIN RAIL COMMISSION 1 East Channel Street Improvements - SJRRC received $2 million from the San Joaquin Council of Governments’ Measure K funds to improve the pedestrian and bicycle access along Channel Street between the Downtown Transit Center and Cabral Station. SJRRC has begun the environmental clearance and final design for the project, which is anticipated to be completed in 2020. Construction is slated to begin summer 2021.

2 Robert J. Cabral Parking Lot Expansion -Project will construct a new parking lot at the site of the old Western Pacific depot in Stockton, as well as reconstruct the building. Environmental work has been completed and design is underway for the parking lot and building reconstruction. ALTAMONT CORRIDOR EXPRESS 1 SJ COG Loan Repayment - Annual payment made July 1, 2020 per SJCOG amended loan agreement.

2 Bond Repayments - Bond repayments are made bi-annually, payments FY 20-21 are due in October 2020 and April 2021.

3 UPRR Capital Access Fee - Payment for calendar year 2021 paid in two installments. First payment to be processed in January 2021 and second payment in May 2021

4 UPRR Capitalized Maintenance Projects - Multi-year project is budgeted at $4,000,000 for the year. Invoices are received throughout the year.

5 UPRR Safety Fund - Ongoing project.

6 ACE Extension Natomas to Stockton - The final Environmental Impact Report (EIR) was adopted at the October 2nd 2020 Board meeting and the Notice of Determination was filed with San Joaquin County on October 6th, 2020. The project was approved for future consideration of funding at the December 2-3, 2020 meeting of the California Transportation Commission (CTC). Final Design and Right of Way funding for early segments of the project will be allocated at the January 27-28, 2021 CTC Meeting.

7 ACE Extension Lathrop to Ceres/Merced - The Environmental Impact Report (EIR) was certified in August 2018. Final design is currently underway for individual projects along the corridor. Preparation of a project level EIR for Ceres to Merced is underway.

8 Stockton Diamond Grade Separation - The project will grade separate the existing UPRR and BNSF lines creating an uninterrupted flow of rail traffic through the crossing. Project Approval (PA) and Environmental Document (ED) services for the project are currently underway. Coordination with the host railroads and other project partners to identify a preferred flyover concept is ongoing. A Notice of Preparation for the environmental document was released on August 19th, 2020, , and the public scoping period closed on October 3rd 2020. Public release of the draft environmental document is expected in Spring 2021.

9 Locomotives (4) - All four (4) locomotives have been delivered and have been conditionally accepted. Staff received the final CARB engine certification from Siemens and provided the certification to BAAQMD in early October. BAAQMD reimbursement was received mid-November.

10 Platform Extension Projects - Multi-year project to extend the existing Lathrop/Manteca, Tracy, Vasco, Livermore, and Pleasanton platforms. A contract for final design was approved in May 2018 and is currently under review by Union Pacific. Environmental and design are currently underway for construction of a 400-foot platform extension at the Fremont ACE Station.

11 Cabral Track Extension - In June, SJRRC received approval from FTA Region 9 for a NEPA Categorical Exclusion. Coordination with Union Pacific on design review is ongoing, with construction anticipated to begin in Spring 2021.

12 Positive Train Control - Multi-year project and work in progress until Caltrain and UPRR are fully FRA compliant, or December 31st, 2020, whichever comes first. On-board equipment installation is complete, and the Hosted Back Officer Server is operational. PTC is operating as designed on the UPRR and Caltrain corridors which ACE operates on.

13 Rail Cars - A contract with Bombardier was Approved at the April 2020 SJRRC Board meeting. The project is moving forward on schedule. This is Multi-year project for the procurement of five (5) passenger rail cab cars and 12 passenger coach cars. Delivery of the first cars is scheduled for November 2021.

14 Railcar Midlife Overhaul - Midlife overhauls of ACE’s existing fleet of 30 railcars is underway. Currently trucks, carpeting, rubber flooring, lighting and refreshing of the exterior paint scheme to the new colors is underway. The project is scheduled to be completed over the next three years.

15 Locomotive Overhaul - The locomotive overhaul program is complete. 16 Locomotive Conversion - Staff is working with Caltrans on providing pricing for decommissioning two (2) state owned locomotives, and the conversion to Non- Powered Controlled Cars (NPCU) to be used as part of the Intercity Service.

17 State Owned Equipment Truck Overhaul - The overhaul project has been broken into two Phases. Phase 1 is for the purchase of 4 fully built trucks and rebuilt of an additional four or five trucks to be used as a float stock to allow cars to come into Stockton, have the old trucks removed for overhaul and use the newly purchased and rebuilt trucks to be put under the equipment and returned to service. The Phase 1 agreement has been finalized and will be executed by the end of November. This is a 6 to 9 month project. This phase is estimated at $1,627,000. Phase 2 is completing the overhaul of the 88 State owned bi-levels.

18 Sunol Quiet Zone - Construction has been completed but to address public concerns, revisions need to be made. Preliminary Design for the revised project, Four Quadrant Gates on Main Street Sunol, is complete. Coordination with Alameda County for the final design and construction of the project is ongoing.

19 Facility Upgrades and Capital Improvements - Currently ongoing 20 Lathrop/Manteca Station Improvements - The construction contract was awarded at the October 2nd 2020 Board meeting. Construction is currently ongoing. 21 Tracy ACE Station Improvements - Consultant contract was awarded at the May 3rd 2019 Board meeting. Environmental and design are currently underway.

22 Capital Spares - Preventative Maintenance is ongoing.

23 Safety and Security/Video Cameras - The camera security project was awarded in June 2018 and is in construction. 24 Short Range Transit Plan - Update to FY 2018 - FY 2027 SRTP is ongoing.

25 WiFi Upgrade - WiFi Upgrade - SJRRC, NOMAD, and Xentrans continue to work on coordinating with the Herzog led ISC technology project to ensure compatibility and integration of the two onboard systems. The Proof of Concept (POC) installation by NOMAD has begun and is close to completion. Planning for full production is underway.

26 Public Information Display System (PIDS) - Currently ongoing project, PIDS system gives the ability to send train status and general information to ACE stations. CCJPA is testing a new iteration of Cal-PIDS which is discussed on bi-weekly calls and ACE will be soon testing. Procurment is working with CCJPA on an agreement to include CalPIDS at ACE stations; this document is currently being reviewed by Legal. ACE currently is testing the Operator Console that allows views of trains in real-time. This system will be connected with the rest of the CalPIDS system at a future point. Bi-weekly calls continue to work out bug fixes for the current program. For now, ACE will focus on the agreement and work with CCJPA until the state (Cal-ITP) has a more solid plan for train tracking and passing on this information to passengers.

27 Network Integration - Planning consulting services of integrating the ACE and SJJPA services with high-speed rail and other rail transit services. Fare Revenue Item 3.3

1,000,000

750,000

500,000

250,000

0 Jul‐20 Aug‐20 Sep‐20 Oct‐20 Nov‐20 Dec‐20 Jan‐21 Feb‐21 Mar‐21 Apr‐21 May‐21 Jun‐21 FY TOTAL FY 20‐21 Fare Revenue 152,163 127,080 121,667 125,979 115,220 92,116 ‐‐‐‐‐‐734,226 FY 19‐20 Fare Revenue 1,038,170 912,427 968,729 1,052,213 816,770 822,711 1,040,903 886,822 508,211 92,586 103,410 88,932 8,331,885

% of Budget Year Elapsed: 50% FY 20‐21 % of Budgeted Fare Revenue Received to Date 56.3% Projected Annual Fare Revenue (includes Amtrak Thruway Service): $ 1,304,580.00 ACE Weekly Revenue Comparison $300,000

$250,000

$200,000

$150,000

$100,000

$50,000

$- Oct. Week 14 Week 15 Week 16 Week 17 Nov Week 18 Week 19 Week 20 Week 21 Dec Week 22 Week 23 Week 24 Week 25 Week 26 Jan Week 27 2020/2021 $29,435 $21,911 $28,677 $28,772 $28,246 $31,313 $30,846 $31,379 $14,913 $28,295 $28,828 $26,500 $13,570 $11,388 2019/2020 $240,113 $224,037 $227,914 $227,542 $229,599 $233,630 $215,536 $232,195 $97,687 $252,293 $245,751 $243,714 $54,494 $85,743

FY 20/21 - Week 14 - 27 : September 28, 2020 to Jan 3, 2021 FY 19/20 - Week 14 - 27 : September 30, 2019 to Jan 5, 2020 2020/2021 2019/2020 -75%

-86% -85% -87% -87% -87% -86% -87% -88% -88% -89% -88% -90% -89%

Oct. Week Nov Week Dec Week Week 15 Week 16 Week 17 Week 19 Week 20 Week 21 Week 23 Week 24 Week 25 Week 26 Jan Week 27 14 18 22 Revenue % Diff. YoY -88% -90% -87% -87% -88% -87% -86% -86% -85% -89% -88% -89% -75% -87% San Joaquins Weekly Revenue Comparison $1,200,000

$1,000,000

$800,000

$600,000

$400,000

$200,000

$- October November December January Week 14 Week 15 Week 16 Week 17 Week 18 Week 19 Week 20 Week 21 Week 22 Week 23 Week 24 Week 25 Week 26 Week 27 2020 / 2021 $235,195 $211,503 $208,209 $212,940 $233,440 $202,941 $196,847 $205,776 $303,307 $217,298 $144,363 $162,438 $230,121 $196,883 2019 / 2020 $561,576 $540,117 $531,510 $547,499 $555,480 $562,098 $564,899 $544,662 $1,130,0 $823,790 $516,478 $669,779 $900,935 $743,179

FY 20/21 -Week 14-27 : Sept 28, 2020 to Jan 3, 2021 FY 19/20 -Week 14 -27 : Sept 30, 2019 to Jan 5, 2020 2020 / 2021 2019 / 2020 -58% -58% -61% -61% -61% -62% -64% -65%

-72% -73% -74% -74% -74% -76%

October November December January Week 14 Week 15 Week 16 Week 17 Week 18 Week 19 Week 20 Week 21 Week 22 Week 23 Week 24 Week 25 Week 26 Week 27 Revenue % Diff. YoY -58% -61% -61% -61% -58% -64% -65% -62% -73% -74% -72% -76% -74% -74% Ridership Item 3.4

170,000

160,000

150,000

140,000

130,000

120,000

110,000

100,000

90,000

80,000

70,000

60,000

50,000

40,000

30,000

20,000

10,000

‐ Jul‐20 Aug‐20 Sep‐20 Oct‐20 Nov‐20 Dec‐20 Jan‐21 Feb‐21 Mar‐21 Apr‐21 May‐21 Jun‐21 FY TOTAL FY 20‐21 Ridership 13,126 13,121 13,847 13,760 12,085 10,708 ‐‐‐‐‐‐76,647 FY 19‐20 Ridership 122,770 133,972 124,677 141,701 114,973 101,363 126,661 114,984 53,665 7,252 7,908 12,064 1,061,990 ACE Weekly Ridership Comparison

35,000

30,000

25,000

20,000

15,000

10,000

5,000

- Oct. Week Nov Week Dec Week Jan Week Week 15 Week 16 Week 17 Week 19 Week 20 Week 21 Week 23 Week 24 Week 25 Week 26 14 18 22 27 2020/2021 3,350 2,542 3,327 3,338 3,277 3,349 3,299 3,356 1,595 2,917 2,972 2,732 1,399 1,174 2019/2020 30,903 30,171 30,693 30,643 30,920 32,887 30,340 32,685 13,751 31,084 30,278 30,027 6,714 10,431

FY 20/21 - Week 14 - 27 : September 28, 2020 to Jan 3, 2021 2020/2021 2019/2020 FY 19/20 - Week 14 - 27 : September 30, 2019 to Jan 5, 2020 -79%

-88% -89% -89% -89% -89% -89% -89% -90% -90% -90% -91% -91% -92%

Oct. Week 14 Week 15 Week 16 Week 17 Nov Week 18 Week 19 Week 20 Week 21 Dec Week 22 Week 23 Week 24 Week 25 Week 26 Jan Week 27 Riderhip % Diff. YoY -89% -92% -89% -89% -89% -90% -89% -90% -88% -91% -90% -91% -79% -89% San Joaquins Weekly Ridership Comparison 35,000

30,000

25,000

20,000

15,000

10,000

5,000

- October November December January Week 14 Week 15 Week 16 Week 17 Week 18 Week 19 Week 20 Week 21 Week 22 Week 23 Week 24 Week 25 Week 26 Week 27 2020 / 2021 6,992 6,830 6,770 6,915 6,754 6,567 6,281 6,176 7,694 5,609 4,590 4,876 5,978 5,714 2019 / 2020 20,013 19,363 18,520 18,934 18,517 20,378 18,364 18,106 29,206 22,550 17,052 21,235 24,658 21,432

FY 20/21 -Week 14-27 : Sept 28, 2020 to Jan 3, 2021 2020 / 2021 2019 / 2020 FY 19/20 -Week 14 -27 : Sept 30, 2019 to Jan 5, 2020 -63% -63% -64% -65% -65% -66% -66% -68%

-74% -73% -73% -75% -76% -77%

October November December January Week 14 Week 15 Week 16 Week 17 Week 18 Week 19 Week 20 Week 21 Week 22 Week 23 Week 24 Week 25 Week 26 Week 27 Riderhip % Diff. YoY -65% -65% -63% -63% -64% -68% -66% -66% -74% -75% -73% -77% -76% -73%

Item 3.5

SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of February 5, 2021

STAFF REPORT

Item 3.6 INFORMATION Update on Positive Train Control

ACE train delays associated with Positive Train Control (PTC) continue to be down to less than a minute.

A two new versions of On-Board software have been released. Staff is coordinating with the Host Railroads on the version they are looking at deploying, and a time frame for deployment.

Communications to Passengers: Staff continues to provide passengers with updated information regarding the delays using the following channels: • ACE Website • Social Media (Facebook and Twitter) • Onboard announcements • Via text alerts

Coordination with UPRR, Caltrain and the Federal Railroad Administration (FRA): Staff continue bi-weekly conference calls/meetings with UPRR and Caltrain, and regular calls with the FRA on PTC.

ACE is fully PTC operational over the entire 86-mile ACE corridor. Tai Ginsberg & Associates, LLC Buchanan Ingersoll & Rooney PC 810 7th Street, NE 1700 K Street, NW, Suite 300 Washington, DC 20002 Washington, DC 20006 T 202 415 9703 T 202 452 7900

TO: San Joaquin Regional Rail Commission (SJRRC) FROM: TG&A Staff SUBJECT: Monthly Progress Report for JANUARY 2021 DATE: January 31, 2021

THE TRUMP ADMINISTRATION/EXECUTIVE BRANCH January 7, 2021. US DOT Secretary Elaine Chao announced that she is resigning as US DOT Secretary effective January 11, 2021, due to the “entirely avoidable event” when supporters of President Trump stormed the US Capitol building as members of Congress had convened to certify President-elect Joe Biden as the 46th President of the United States. See House Committee on Transportation and Infrastructure Chairman Peter DeFazio (D-OR) statement. Steven G. Bradbury became the Acting Secretary of Transportation on January 12, 2021. See message from Acting Secretary Bradbury.

January 7, 2021. President Trump withdrew the nomination of Chad F. Wolf, of Virginia, to be Secretary of Homeland Security after Wolf, who is the acting DHS secretary, urged Trump to “strongly condemn the violence” that unfolded at the U.S. Capitol. On January 11, 2021, Chad Wolf resigned as Acting Secretary of the Department of Homeland Security. Pete Gaynor, Administrator of the Federal Emergency Management Agency, will succeed Wolf for the remainder of President Trump’s term. Footnote: A Government Accountability Office report concluded that Chad Wolf was invalidly appointed to his acting role. See House Committee on Homeland Security Chairman Bennie Thompson (D-MS) Statement.

TRUMP 2019-2020 TRANSPORTATION-RELATED NOMINATIONS / CONFIRMATIONS Since the December 2020 Report, following are the only changes in status (RED TYPE) to transportation-related nominees. A full 2019/2020 listing of “Nominations” is available from TG&A upon request. NOMINEE US DOT ADMINISTRATOR / OTHER STATUS Robert E. Primus (NJ) Surface Transportation Board for a Nominated 7/21/2020. Received in the Senate and referred to the Primus term expiring December 31, 2023. Committee on Commerce, Science, and Transportation on (vice Daniel R. Elliott III, resigned) 7/21/2020. The Committee held hearings on 8/6/2020. Approved by the Senate Commerce Committee on 9/16/2020 by voice vote. Confirmed by the Senate on 11/18/2020 by Voice Vote. Robert Primus was sworn in at the U.S. Capitol on January 7, 2021.

THE BIDEN ADMINISTRATION/EXECUTIVE BRANCH January 14, 2021. President-elect Joe Biden is proposing a two-step $1.9 trillion COVID response plan to aid in the nation’s recovery from the pandemic. The first step is called the American Rescue Plan is focused on more immediate pandemic recovery needs and will deliver additional stimulus checks beyond the $600 approved in December and raise the minimum wage to $15 per hour. The plan is also designed to implement a national vaccination program, provide resources to reopen schools, and to also deliver emergency relief to individuals and communities. Within the American Rescue Plan is $20 billion “in relief for the hardest hit public transit agencies.” The second proposal is called the Build Back Better Recovery Plan, and is likely to be announced in February and to be highlighted in the President’s State of the Union address. That plan will include investments in infrastructure and address climate change, among other issues. (See a rough outline of the line items in the proposal below from the Committee for a Responsible Federal Budget.) And, see NACo Analysis.

January 14, 2021. In a Statement, the National Association of Counties (NACo) welcomed the next potential round of COVID-19 federal relief. President-elect Joe Biden’s American Rescue Plan, a two- part strategy focusing on rescue and recovery that includes $350 billion in critical aid to state, local and territorial governments is essential.

January 20, 2021. In the Oval Office, President Joe Biden signed 15 Executive Orders and two executive actions on his first day in office. Several transportation-related Executive Orders include:  Protecting the Federal Workforce and Requiring Mask-Wearing  Revoking the March 2019 Permit for the Keystone XL Pipeline (Sec. 6)  E.O. - Protecting Public Health & Environment and Restoring Science to Tackle the Climate Crisis

The ASCE notes that, “President Biden has also released an Executive Order which is aimed to reverse many of the Trump Administration’s energy and environment policies. That order identifies several EPA regulations that will be targeted for reconsideration, including: methane emission limits for new oil and gas sources; rules rolling back tailpipe carbon dioxide limits and revoking California’s special regulatory waiver; the science transparency rule; the Clean Air Act cost-benefit analysis rule; and the agency’s finding that mercury limits for power plants were not “appropriate and necessary”.

See next page for transportation-related Biden appointees.

Selected Transportation-Related Biden Administration Appointees Many of the following individuals will serve in acting capacities across the Biden-Harris administration until permanent leadership can be confirmed by the U.S. Senate. See US DOT Biden Appointees.

Mode Name Title

US DOT Pete Buttigieg Secretary Lana Hurdle Acting Secretary (until Buttigieg is confirmed)* Polly Trottenberg Deputy Transportation Secretary Christopher Coes Principal Dep. Asst. Sec. for Transportation Policy

FHWA Stephanie Pollack FHWA Deputy Administrator Charlene Wang FHWA Special Assistant Andrew Rogers FHWA Chief Counsel

NHTSA Steve Cliff NHTSA Deputy Administrator Ann Carlson NHTSA Chief Counsel

FMCSA Meera Joshi FMCSA Deputy Administrator

FTA Nuria Fernandez FTA Administrator Subash Iyer FTA Chief Counsel

FRA Amit Bose FRA Deputy Administrator Diana Lopez FRA Senior Advisor to the Administrator

FAA Steve Dickson FAA Administrator (term appointee) A. Bradley Mims FAA Deputy Administrator Laurence Wildgoose FAA Asst. Administrator for Policy/Intergovernmental Affairs/Environment Annie Petsonk Aviation & International Affairs

MARAD Lucinda Lessley MARAD Deputy Administrator * Acting Secretaries are limited by law to serving no more than 210 days unless serving at the beginning of an Administration or during a pending nomination wherein federal law permits a longer term of service.

FINAL 2020 GENERAL ELECTION DIGEST–See Addendum A.-at the end of the report.

APPROPRIATIONS/BUDGET January 13, 2021. The US Department of Treasury issued their Monthly Treasury Statement (Receipts and Outlays of the United States Government For Fiscal Year 2021 Through December 31, 2020, and Other Periods). The Statement noted that over the three-month period of FY 2021 (October thru December 2020), total Receipts amounted to $803 billion and Outlays totaled $1.376 trillion resulting in a deficit of $573 billion – a nearly 61 percent increase in the deficit from the same three-month period last fiscal year of $356.6 billion. See Treasury chart on the next page.

SELECTED CONGRESSIONAL HEARINGS/BUSINESS Formal organizational meetings for the 117th Congress are ongoing and the following chart (below) will be updated to reflect additions as subcommittee chairs and ranking members are announced. Leadership of Transportation-Related Committees of the 117th Congress (1st Session) 26-Jan-20 WORK IN PROGRESS

House Committees Chairman/Chairwoman Ranking Selected House Democratic Leadership APPROPRIATIONS Rosa DeLauro D-CT Kay Granger R-TX Nancy Pelosi Speaker of the House of Rep. D-CA Sub. on Energy & Water Development Marcy Kaptur D-OH Steny H. Hoyer Majority Leader D-MD Sub. On Homeland Security Lucille Roybal-Allard D-CA James E. Clyburn Majority Whip Sub. on Transportation/HUD David E. Price D-NC Henry Cuellar Chief Deputy Whip D-SC Katherine M. Clark House Assistant Speaker D-TX BUDGET John Yarmuth D-KY Jason Smith R-MO Hakeem Jeffries Caucus Chairman D-MA Pete Aguilar Caucus Vice Chairman D-NY ENERGY AND COMMERCE Frank Pallone, Jr. D-NJ Cathy McMorris Rodgers R-WA Sean Patrick Maloney Cong. Campaign Committee D-CA Sub. on Energy Bobby L. Rush D-IL D-NY Sub. on Environment and Climate Change Paul D. Tonko D-NY

HOMELAND SECURITY Bennie G. Thompson D-MS John Katko R-NY

TRANSPORTATION AND INFRASTRUCTURE Peter DeFazio D-OR Sam Graves R-MO Selected House Republican Leadership Sub. on Aviation Rick Larsen D-WA Kevin McCarthy Minority Leader R-CA Sub. On Coast Guard/Maritime Transportation Salud Carbajal D-CA Steve Scalise Minority Whip R-LA Sub. on Highway/Transit Eleanor Holmes Norton D-DC Gary Palmer Policy Chairman R-AL Sub. on Railroads/Pipelines/Hazardous Materials Donald M. Payne, Jr. D-NJ Liz Cheney Conference Chairwoman R-WY Sub. on Water Resources/Environment Grace F. Napolitano D-CA Tom Emmer Nat'l. Republican Cong. Comm. R-MN Jim Banks Study Committee R-IN WAYS AND MEANS Richard Neal D-MA Kevin Brady R-TX Mike Johnson Vice Chair House Conference R-LA

Senate Committees Chairman/Chairwoman Ranking Selected Senate Democratic Leadership APPROPRIATIONS V.P. Kamala Harris President D-CA Sub. on Transportation/HUD Jack Reed D-RI Susan Collins R-ME Patrick J. Leahy President Pro Tempore D-VT Sub. on Energy & Water Development Charles E. Schumer Majority Leader D-NY Richard Durbin Majority Whip D-IL BANKING, HOUSING AND URBAN AFFAIRS Sherrod Brown D-OH Patrick Toomey R-PA Patty Murray Assistant Leader D-WA Sub. on Housing, Transportation & Community Development Debbie Stabenow Policy Committee Chair D-MI Elizabeth Warren Vice Chair Dem. Conference D-MA BUDGET Bernie Sanders I-VT Lindsey Graham R-SC Mark R. Warner Vice Chair Dem. Conference D-VA Amy Klobuchar Chair Steering Committee D-MN COMMERCE, SCIENCE AND TRANSPORTATION Maria Cantwell D-WA Roger Wicker R-MS Bernard Sandars Chair of Outreach I-VT Sub. on Aviation and Space Sub. on Transportation and Safety Selected Senate Republican Leadership ENERGY AND NATURAL RESOURCES Joe Manchin III D-WV John Barrasso R-WY Mitch McConnell Minority Leader R-KY John Thune Minority Whip R-SD ENVIRONMENT AND PUBLIC WORKS Thomas R. Carper D-DE Shelley Moore Capito R-WV John Barrasso Assistant Leader R-WY Sub. on Transportation and Infrastructure Roy Blunt Policy Committee Chair R-MO Joni Ernst Vice Chair Republican Conf. R-IA FINANCE Ron Wyden D-OR Michael D. Crapo R-ID Rick Scott Rep. Senatorial Comm. Chair R-FL

January 27, 2021. The House Committee on Transportation and Infrastructure are scheduled to hold a Committee Organizational meeting.

January 27, 2021. The Senate Committee on Commerce, Science and Transportation is scheduled to hold a Full Committee Business Meeting. The Committee approved the nomination of Pete Buttigieg to be Secretary of Transportation by a bipartisan vote of 21-3. The nomination will be reported to the full Senate for a vote. Based on today’s overwhelming bipartisan support, it is likely that Buttigieg will be confirmed once the Senate leadership schedules a vote (currently TBD).

January 26, 2021. The House Committee on Transportation and Infrastructure Chairman Peter DeFazio (D-OR) announced the Committee’s Democratic roster for the 117th Congress, as well as the six subcommittee chairs and the full Committee Vice-Chair, all of whom were approved by the Democrats on the Committee. There will be 37 Democrats serving on the Committee, 36 of whom are named below while one spot remains open, pending selection by the House Democratic Steering and Policy Committee.

January 21, 2021. The Senate Committee on Commerce, Science, and Transportation held a nomination hearing to consider the presidential nomination of Peter Buttigieg to be Secretary of the United States Department of Transportation. Committee Link and Testimony. TG&A summary available upon request.

January 19, 2021. The Senate Committee on Homeland Security and Governmental Affairs held a nomination hearing to consider the presidential nomination of the Honorable Alejandro N. Mayorkas to be Secretary, U.S. Department of Homeland Security. Committee Link and Testimony.

January 3, 2021. Congresswoman Nancy Pelosi (D-CA) won a fourth term as House Speaker for the 117th Congress. The Speaker garnered 216 votes to 209 against, (all 209 Republicans who participated in the speaker election voted for House Minority Leader Kevin McCarthy (R-CA)) two more than the 214 votes needed. Five Democrats voted present or for someone besides Speaker Pelosi. In honoring a prior commitment to her caucus to not seek a term beyond 2022, it is expected that this will be Pelosi’s last term as speaker. See Speaker Pelosi Statement. Moreover, 430 House Members were sworn-in, 3 were absent due to health issues, Representative-elect Luke J. Letlow (R-LA) died from COVID-19 complications and there is still a vacancy in New York (D-22).

SELECTED CONGRESSIONAL “TRANSPORTATION-RELATED” BILLS – JANUARY SENATE BILLS (No Relevant Items) HOUSE BILLS HR 463 A. Espaillat (D-NY) To provide a set aside for HR 383 E. Blumenauer (D-OR) To include certain eligibility requirements transportation alternatives. Introduced 1/25/2021. in the surface transportation system funding alternatives program. Introduced 1/21/2021. HR 382 E. Blumenauer (D-OR) To amend titles 23 and 49, HR 248 A. Hastings (D-FL) To expand eligibility for the surface United States Code, with respect to bikeshare transportation block grant program. Introduced 1/11/2021. projects. Introduced 1/21/2021. HR 227 A. Hastings (D-FL) “The Build America Act of 2021.” HR 200 T. Emmer (R-MN) The National Interchange/Intersection Safety Press Release To provide dedicated funding for the national Construction Program Act.” Would prioritize $250 million from infrastructure investment program and the capital the Highway Trust Fund for intersections and interchanges, investment grant program. Introduced 1/6/2021. improve safety, and increase local control over federal transportation dollars. Introduced 1/5/2021. HR 201 T. Emmer (R-MN) “National Bridge Replacement HR 170 A. Spanberger (D-VA) To direct the Secretary of Homeland Press Release and Improvement Act.” Creates a grant program Security to establish national hazard preparation and response for bridge improvements, replacements or repairs. exercises. Introduced 1/4/2021. The bill would allocate $1 billion from the Highway Trust Fund each year and would be awarded through a competitive grant program. Introduced 1/5/2021.

HR 158 A. Sires (D-NJ) To require the Federal Railroad HR 6395 A. Smith (D-WA) $740.5 billion “National Defense Authorization Administration to provide appropriate Act for Fiscal Year 2021.” House passed the Conference Report congressional notice of comprehensive safety HR 6395 by a vote of 335 to 78 on 12/8/2020 and the Senate passed the assessments conducted with respect to intercity or Summary bill on 12/11/2020 by a vote of 84-13. The President vetoed commuter rail passenger transportation. the bill on 12/23/2020. House voted 322 to 87 to override Introduced 1/4/2021. President Trump’s veto on 12/28/2020 and the Senate overrode the veto on 1/1/2021 by a vote of 81-13 exceeding the 2/3rds supermajority required.

FEDERAL REGISTER NOTICES OF FUNDING OPPORTUNITY (NOFOs) - GRANT AWARDS See Addendum B. - Calendar Year NOFO/AWARDS SCORECARD – at end of report.

January 22, 2021 - UPDATE on BUILD and INFRA PROJECT SOLICITATIONS: The US DOT has withdrawn the FY 2021 Notices of Funding Opportunity (NOFO) for both INFRA and BUILD. Regarding INFRA: “The Department is currently revising the FY 2021 INFRA NOFO. Any FY 2021 INFRA NOFOs issued before January 21, 2021, including any previously published on this website or at Grants.gov, are withdrawn, and will not be used. An updated FY 2021 INFRA NOFO will be published soon.” Regarding BUILD: “The Department is currently revising the FY 2021 BUILD NOFO. Any FY 2021 BUILD NOFOs issued before January 21, 2021, including any previously published on this website or Grants.gov, are withdrawn, and will not be used. The Department will publish the final FY 2021 BUILD NOFO at Grants.gov and https://www.transportation.gov/buildgrants/build-nofo by the April 26, 2021 statutory deadline.”

January 21, 2021. VOID & TBD - The US DOT Office of the Under Secretary for Policy issued a Notice of Funding Opportunity (NOFO) and here making available $1 billion under the FY 2021 National Infrastructure Investments (aka BUILD - Better Utilizing Investments to Leverage Development Discretionary Grants) program. DOT will award no more than $30 million for eligible planning and preconstruction activities that do not result in construction of a capital project, of which at least $10 million will be awarded to projects located in or to directly benefit areas of persistent poverty. The FY 2021 Appropriations Act specifies that BUILD Transportation grants may not be less than $5 million, except that for projects located in rural areas the minimum award size is $1 million. Grants may not be greater than $25 million. Not more than 50 percent of the funds provided for BUILD Transportation grants (or $500 million) shall be awarded to projects located in rural areas and not more than 50 percent of the funds provided for BUILD Transportation grants (or $500 million) shall be awarded to projects located in urbanized Areas. The Federal share of project costs for which an expenditure is made under the BUILD Transportation grant program may not exceed 80 percent for a project located in an urban area. The Secretary may increase the Federal share of costs above 80 percent for projects located in rural areas and for planning projects located in areas of persistent poverty. Eligible projects are surface transportation capital projects such as: (1) highway, bridge, or other road projects; (2) public transportation projects; (3) passenger and freight rail transportation projects; (4) port infrastructure investments including inland port infrastructure and land ports of entry); (5) intermodal projects; and (6) certain projects investing in surface transportation facilities that are located on tribal lands. For the FY 2021 BUILD program, projects that support airside infrastructure at airports are INELIGIBLE. Recipients of prior BUILD or TIGER Discretionary Grants may apply for funding to support additional phases of a project awarded funds in earlier rounds of this program. Applications must be submitted by 5:00 PM E.D.T. on [90 days after officially published in the Federal Register – TBA – circa April 20, 2021].

January 20, 2021. VOID & TBD - The US DOT Office of the Under Secretary for Policy issued a Notice of Funding Opportunity (NOFO) making available $889 million under the INFRA Grants discretionary program. In addition to the FY 2021 INFRA funds, amounts from prior year authorizations, presently estimated at up to $150 million, may be made available and awarded under this NOFO. As much as $146 million may be available for grants to freight rail, water (including ports), or other freight intermodal projects that make significant improvements to freight movement on the National Highway Freight Network. INFRA grants may be used for up to 60 percent of future eligible project costs. Other Federal assistance may satisfy the non-Federal share requirement for an INFRA grant, but total Federal assistance for a project receiving an INFRA grant may not exceed 80 percent of future eligible project costs. The Infrastructure For Rebuilding America program (INFRA) provides Federal financial assistance to highway and freight projects of national or regional significance. Applications must be submitted by 11:59 p.m. EST on March 5, 2021.

January 19, 2021. The Federal Transit Administration (FTA) announced that 37 projects in 35 states and one territory will receive a share of approximately $15.8 million in funding from the Public Transportation COVID-19 Research Demonstration Grant Program. Grant recipients will receive a share of $15.8 million to support strategies that develop, deploy and demonstrate solutions that improve the operational efficiency of transit agencies and enhance rider mobility during the COVID–19 public health emergency.

January 14, 2021. The Federal Highway Administration (FHWA), Federal Railroad Administration (FRA) and the Federal Transit Administration (FTA) jointly awarded $40 million in Commuter Authority Rail Safety Improvement (CARSI) Grants to States seeking to improve safety where highways and rail lines cross. The grants are to aid commuter rail authorities in California, Massachusetts, New York, Pennsylvania and Washington eliminate hazards at highway-railway crossings.

January 11, 2021. The Federal Transit Administration (FTA) announced a total of $14 billion in Federal funding allocations to continue to support the Nation's public transportation systems during the Coronavirus Disease 2019 (COVID-19) public health emergency. Funding is provided through the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) (H.R. 133), signed by President Donald J. Trump on December 27, 2020. FTA previously announced $25 billion in Coronavirus Aid, Relief, and Economic Security (CARES) Act funding in April 2020. FTA is allocating $14 billion to recipients of urbanized area and rural area formula funds, with $13.27 billion allocated to large and small urban areas, $678.2 million allocated to rural areas and tribes, and $50 million allocated for the enhanced mobility of seniors and individuals with disabilities.

January 6, 2021. The Federal Highway Administration (FHWA) issued a Notice of Funding Opportunity (NOFO) making available $4 million under the Highway Construction Workforce Partnership (HCWP) Grant program. The purpose of the grant program is to provide funding to State DOTs to establish HCWP Working Groups that will implement and expand successful workforce practices to identify, train, and place individuals into highway construction jobs; hence this opportunity is open to State DOTs. The NOFO requires a minimum non-Federal cost share of 20 percent of the project cost. The FHWA will host an Informational Webinar regarding this NOFO on Wednesday, January 13, 2021 from 2:00 - 3:30 pm EST, Join Adobe Connect Call-In Number: 877-873-8018 Passcode: 8009417#funding opportunity. Applications are due by 11:59 p.m. ET on February 22, 2021.

OTHER TRANSPORTATION-RELATED FEDERAL REGISTER NOTICES January 19, 2021. The Federal Transit Administration (FTA) has posted its Fiscal Year 2021 Apportionment Tables providing the amounts available for FTA’s programs appropriated in the Consolidated Appropriations Act, 2021 (Pub. L. 116-260). FTA also has published its annual list of certifications and assurances applicable to financial assistance programs. Applicants can execute the certifications and assurances through their TrAMS accounts.

OTHER REPORTS/NOTICES/NEWS ARTICLES January 22, 2021. The American Association of State Highway and Transportation Officials (AASHTO) released a list of 2021 Policy Priorities to guide its efforts in support of a broad swath of transportation infrastructure strategies and investments. AASHTO’S 2021 policy priorities highlight two main points: 1) Economic Recovery/Stimulus and 2) Surface Transportation Reauthorization.

January 19, 2021. The National Academies Press released a Report entitled, “The Role of Transit, Shared Modes, and Public Policy in the New Mobility Landscape (2021).”

January 15, 2021. The Congressional Research Service (CRS) issued a report entitled, “Reauthorization of the Federal Public Transportation Program.”

January 15, 2021. The U.S. Department of Transportation (DOT) has published a draft of its first Strategic Plan on Accessible Transportation (Strategic Plan), a noteworthy step in making America’s transportation system more accessible for all travelers. The draft Strategic Plan is available for public review and comment under docket number DOT-OST-2021-0004 on Regulations.gov, and will be announced in the Federal Register. The draft Strategic Plan is available for public review and comment through February 16, 2021, at 5:00 p.m. (Eastern Time).

January 14, 2021. The National Transportation Safety Board (NTSB) is closing three key positive train control safety recommendations after the nation’s railroads met the December 31, 2020, deadline for compliance. The recommendations to Metra, Canadian National Railway Corp. and CSX Transportation are related to installing PTC, the safety technology that prevents equipped trains from colliding, missing signals or speeding. The recommendations will be classified “closed – acceptable action.”

January 12, 2021. The American Society of Civil Engineers (ASCE) released their 2021 - The Report Card for America’s Infrastructure. The Failure to Act analyses compare current and projected needs for infrastructure investment against the current funding trends in surface transportation (highways, bridges, passenger rail, transit); water and wastewater; electricity; airports; seaports and inland waterways. The total documented cumulative investment gap between projected needs and likely investment in these critical major infrastructure systems is more than $2.6 trillion by 2029, and more than $5.6 trillion by 2039. Overall, if the investment gap is not addressed throughout the nation’s infrastructure sectors, by 2039 the economy is expected to lose more than $10.3 trillion in GDP.

January 12, 2021. The American Association of State and Highway Transportation Officials (AASHTO) sent a letter to the Federal Communications Commission (FCC) to express concern regarding the FCC’s proposal to make “sweeping changes” to the 4.9-gigahertz (GHz) wireless communication band. One of the main reasons behind AASHTO’s focus on the FCC’s plan to make changes to the 4.9 GHz spectrum is that wireless communication band’s important role in unmanned aerial system or UAS operations. AASHTO generally supports the recommendation to enable the use of 4.9 GHz for UAS operations – commonly referred to as drones – as UAS is playing a growing role in supporting state department of transportation Traffic Incident Management or TIM strategies, roadway-crash scene reconstruction, surveying, and inspection of critical transportation infrastructure, to name a few.

January 11, 2021. The National Academies Press released a Report entitled, “Guide to Joint Development for Public Transportation Agencies (2021).”

January 8, 2021. The Federal Transit Administration (FTA) has scheduled a series of webinars for the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA), which provides $14 billion in funding to continue to support the nation’s public transportation systems during the COVID-19 public health emergency. The webinars (January 11 – January 14) will provide an overview of the program, describe eligibility requirements, and provide for an opportunity to ask questions. For additional information contact Tom Wilson.

January 6, 2021. The Congressional Research Service (CRS) issued a Report entitled, “Federal Public Transportation Program: In Brief.” The report provides an introduction to the program as authorized by the FAST Act as extended through FY2021. The primer also covers a brief history, funding mechanisms and program structure of public transportation.

December 31, 2020. The Federal Railroad Administration (FRA) released a Technical Report entitled, “Driver Behavior at Highway-Rail Grade Crossings Using NDS and Driving Simulators.” The study revealed that most drivers did not visually scan for trains and did not prepare to stop, regardless the type of warning device present at the crossing or the environmental conditions at the time of traversal. The results were fairly consistent in both NDS and simulated approaches. The NDS data analysis showed little statistical difference in driving behavior between any of the TCDs analyzed. The only exceptions were the significantly higher mean scores at passive HRGCs equipped with stop signs and the higher mean scores for day versus night traversals.

December 29, 2020. The Federal Railroad Administration (FRA) announced that positive train control (PTC) technology is in operation on all 57,536 required freight and passenger railroad route miles, prior to the statutory deadline of December 31, 2020, set by Congress. In addition, FRA has certified that each host railroad’s PTC system complies with the technical requirements for PTC systems. Railroads have reported that interoperability has been achieved between each applicable host and tenant railroad that operates on PTC-governed main lines. The Rail Safety Improvement Act of 2008 (RSIA) mandated the implementation of PTC systems on Class I railroads’ main lines over which five million or more gross tons of annual traffic and certain hazardous materials are transported, and on any main lines over which intercity or commuter rail passenger transportation is regularly provided. The US DOT supported implementation of PTC technology by providing approximately $3.4 billion in grant and loan funding to support railroads and other entities that sought PTC Federal financial assistance.

UPCOMING CONGRESSIONAL CALENDAR – FEBRUARY 2021

UPCOMING DEADLINES/EVENTS Note: Given the recommendations from the Centers for Disease Control and Prevention, many upcoming events have/are being cancelled or conducted “virtually” to prevent the spread of COVID-19.

January 6-9 NRC - 2021 ANNUAL CONFERENCE & EXHIBITION; January 5-29 TRB 100th Annual Meeting - a virtual event over a series of dates throughout January 2021; February 16 National Railroad Construction and Maintenance Association (NRC), Webcast; March 8-26 NACo 2021 Virtual Legislative Conference; April 6, 7 & 8 TRB - Measuring and Managing Freight System Resilience Workshop; May 18-21 American Public Transportation Association Legislative Conference; TBA 17th Annual NRC Railroad Equipment Auction.

SCUTTLEBUTT January 5, 2021. Senator Tom Carper (D-DE), Chairman of the Senate Committee on Environment and Public Works, released a Statement endorsing Pete Buttigieg’s nomination to lead the US DOT during Joe Biden’s administration. The statement noted that, “I urge my colleagues to quickly confirm Pete so that he can waste no time getting to work for the American people.”

Addendum A. FINAL 2020 GENERAL ELECTION DIGEST

January 20, 2020. As per the US constitution, inauguration day is January 20, 2021. Joe Biden and Kamala Harris were sworn in as President and Vice-President, respectively. See Inaugural Address by President Joseph R. Biden, Jr..

January 6-7, 2021. A joint session of Congress convened and certified President-elect Joe Biden’s Electoral College 2020 election victory. Vice President Mike Pence, acting in his constitutional role, affirmed President-elect Biden’s and Vice President-elect Kamala Harris’ victory by stating:

“The whole number of electors appointed to vote for the President of the United States is 538. Within that whole number a majority is 270. The votes for President of the United States are as follows: Joseph R. Biden, Jr. of the State of Delaware has received 306 votes, Donald J. Trump of the State of Florida has received 232 votes. The whole number of electors appointed to vote for Vice President of the United States is 538. Within that whole number a majority is 270. The votes for Vice President of the United States is as follows: Kamala D. Harris of the State of California has received 306 votes, Michael R. Pence of the State of Indiana has received 232 votes. The announcement of the state of the vote by the President of the Senate shall be deemed a sufficient declaration of the persons elected President and Vice President of the United States. Each with a term beginning on the 20th day of January 2021, and shall be entered together with a list of the votes on the journals of the Senate and the House of Representatives.”

January 5, 2021. Democrats Jon Ossoff and Raphael Warnock won both US Senate runoff races in Georgia defeating their Republican incumbent opponents Senator David Perdue and Senator Kelly Loeffler, respectively. The new Senate will be evenly split between Senate Republicans/Senate Democrats at 50-50, with the tiebreaker vote, if needed, to be cast by Vice President-elect Kamala Harris. The last time the US Senate was evenly split was in 2001. Therefore, on January 20, 2021, the Democrats take control of the Senate when Kamala Harris is sworn in as the Vice President.

The US House of Representatives membership stands at 221 Democrats to 211 Republicans. Two special election races in Louisiana will be decided on March 20, 2021, provided a candidate in each race tops the 50 percent threshold. Otherwise, an April 24, 2021 runoff will determine who is elected. A remaining seat (NY – CD 22) remains undecided.

U.S. CONGRESS - GENERAL ELECTION 2020 BALANCE OF POWER SCORECARD As of 1/17/2021 HOUSE - 218 NEEDED FOR CONTROL

Republican Democrat Libertarian Independent Vacancies/Undecided Total Before Election (116th- 2nd Session) 197 232 1 ¥ 0 5 435

After Election (117th- 1st Session) 211 221 0 0 3 Ø 435

House Notes: All 435 House Seats are up for election on 3 November 2020. ¥ Justin Amash (L–MI). Peter Meijer won Amash's seat in the 2020 election after Amash decided not to seek reelection. Ø U.S. House contests to close to call: Iowa CD 2 and NY CD 22, and two run-off elections in LA scheduled for March 20, 2021. Iowa CD 2: Republican Mariannete Jane Miller-Meeks was provisionally seated on 1/3/2021 (with a six-vote edge); however, Rita Hart (D) is challenging the results. NY CD 22: Republican Claudia Tenney leads Democrat Anthony Brindisi by 29 votes in preliminary results. Member of Congress Cedric L. Richmond (D-LA) submitted his resignation effective 15 January 2021 to become Senior Adviser to the President. Governor John Bel Edwards has officially called a March 20, 2021 special election for Louisiana voters. Newly-elected Republican Luke Letlow (R-LA - 5 CD), of Richland Parish, died of complications from COVID-19 before he could even be sworn into Congress. Governor John Bel Edwards has officially called a March 20, 2021 special election for Louisiana voters. Julia Barnhill Letlow, Luke's widow, has entered the race as a Republican candidate.

SENATE - 51 NEEDED FOR CONTROL

Republican Democrat Libertarian Independent Vacancies/Undecided Total Before Election (116th- 2nd Session) 53 45 0 2 Ğ 100

th After Election (117 - 1st Session) 50 48 0 2 Ğ 100

Senate Notes: There were 35 Senate Seats up for election, including AZ and GA special elections, with 23 belonging to Republicans and 12 to Democrats. Ğ Two independents caucus with the Democrats, i.e. Bernie Sanders (VT) and Angus King (ME). Note: Both Democrats, Raphael Warnock and Jon Ossoff defeated their Republican incumbent opponents, Kelly Loeffler and David Perdue, respectively, in the Georgia Senate runoff elections held on January 5, 2021. Vice President-elect Kamala Harris (D-CA) officially resigned her Senate seat on Janaury 18, 2021. California Governor Gavin Newsom appointed California Secretary of State Alex Padilla to fill Vice President-elect Kamala Harris' Senate seat.

Addendum B. – Calendar Year NOFO/AWARDS SCORECARD. An Excel spreadsheet with “hot-links” is available from TG&A upon request.

SELECTED TRANSPORTATION NOTICE OF FUNDING OPPORTUNITIES (NOFOs) &/OR AWARDS (SCORECARD for CY 2021) 1/24/2021 TYPE NOFO NOFO $s APPLICATION NOFO $ NOFO TITLE (NOFO / AWARD) ISSUANCE DATE NOFO URL MADE AVAILABLE DEADLINE AWARDS AWARDS URL AWARDED - DATE COMMENTS US DOT Inclusive Design Challenge (FY 2018 Funding) NOFO/AWARD 4/21/2020 NOFO URL 5,000,000 10/30/2020 3,000,000 Award URL 1/6/2021 $5 m. prize purse from FY 2018 “Highly Automated Vehicle Research & Dev. Pgm." Complete Trip - ITS4US Deployment Program NOFO/AWARD 6/18/2020 NOFO URL 40,000,000 7/7/2020 38,350,871 Award URL 1/6/2021 INFRA Discretionary Grants VOID - TBA NOFO 1/20/2021 NOFO URL 889,000,000 4/4/2021 TBD TBD TBD Postponed Notice URL FY 2021 National Infrastructure Investments (aka BUILD) VOID - TBA NOFO 1/21/2021 NOFO URL 1,000,000,000 4/20/2021 TBD TBD TBD Postponed Notice URL US DHS/ FEMA FY 2020 Fire Prevention and Safety (FP&S) Grant program NOFO 1/14/2021 NOFO URL 35,500,000 2/26/2021 TBD TBD TBD DOE EPA FAA Airport Coronavirus Response Grant Program Notice 12/31/2020 Notice URL 2,000,000,000 TBD TBD TBD TBD Aviation Workforce Development Grant Program - Aviation Maintenance NOFO 1/20/2021 NOFO URL 5,000,000 3/22/2021 TBD TBD TBD Aviation Workforce Development Grant Program - Aircraft Pilots NOFO 1/20/2021 NOFO URL 5,000,000 3/22/2021 TBD TBD TBD Small Community Air Service Development Program NOFO 1/20/2021 NOFO URL 18,000,000 3/1/2021 TBD TBD TBD Rev. closing date - original was 1/26/2021 FHWA Highway Construction Workforce Partnership (HCWP) Grant Program NOFO 1/5/2021 NOFO URL 4,000,000 2/22/2021 TBD TBD TBD Commuter Authority Rail Safety Improvement (CARSI) Grants NOFO/AWARD 8/26/2020 NOFO URL 50,000,000 40,255,750 Award URL 1/14/2021 FRA

FTA FTA - Coronavirus Response/Relief Supplemental Appropriations Act of 2021 Notice 1/11/2021 Notice URL 14,000,000,000 TBD TBD TBD TBD HUD MARAD FY 2021 Small Shipyard Grants program NOFO 1/15/2021 NOFO URL 19,600,000 2/25/2021 TBD TBD TBD NAT'L. SCIENCE FOUNDATION NHTSA / FMCSA DOC/EDA OSHA USDA

Item 3.7.1 - San Joaquin Committees

District First Name Last Name Party Service Territory Committee 1 Committee 2 Committee 3 Committee 4 5 Mike Thompson D SJJPA Ways and Means 6 Doris Matsui D SJJPA Energy and Commerce Committee 9 Jerry McNerney D SJJRC/SJJPA Energy and Commerce Committee Science, Space and Technology Committee 10 Josh Harder D SJJRC Agriculture Committtee Appropriations Committee Education and Labor Committee 11 Mark DeSaulnier D SJJPA Transportation & Infrastructure Committee Education and Labor Committee Oversight and Reform Committee Rules 13 Barbara Lee D SJJRC Appropriations Committee Budget Committee 15 Eric Swalwell D SJJRC Homeland Security Committee Judiciary Committee Select Committee on Intelligence 16 Jim Costa D SJJPA Agriculture Committtee Foreign Affairs Committee Natural Resources Committee 17 Ro Khanna D SJJRC Agriculture Committtee Armed Services Committee Oversight and Reform Committee 19 Zoe Lofgren D SJJPA Oversight and Reform Committee Select Committee on Intelligence 21 David Valadao R SJJPA Appropriations Committee 23 Kevin McCarthy R SJJPA Minority Leader Sr. Dianne Feinstein D Jr. Alex Padilla D SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of February 5, 2021

STAFF REPORT

Item 3.8 INFORMATION

Agreements and Purchases Over $50,000 Executed in 2020

Background: In October 2018, the Rail Commission approved the Second Amendment to the SJRRC Procurement Manual. The Amendment clarified procurement processes, specified delegation authority for procedures, and brought the manual up to date regarding funding source guidelines.

Section 1.3.1 was updated to state: “The Executive Director may award and execute agreements and leases for equipment, supplies, materials, services or construction when the amount to be paid by SJRRC does not exceed the amount stated in the most recent SJRRC bylaws, and the expenditure is included in SJRRC’s capital or operating budget. A report summarizing contracts awarded within the Executive Director’s authority shall be presented to the Board on a periodic basis or as required in the SJRRC bylaws.”

To comply with this procedure, an annual report of agreements and purchases over $50,000 and under the Executive Director’s threshold of $75,000 is periodically shared with the board. The last report was presented at the February 2020 Rail Commission for the prior Calendar Year.

For the 2020 calendar year, there were no contracts or purchases executed by the Executive Director within the above-mentioned reportable amounts.

SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of February 5, 2021

STAFF REPORT Item 4 INFORMATION

Background on Rail Commission Activities and Governance Structure

Background: Over its 25 years of existence, the San Joaquin Regional Rail Commission has undergone a significant transformation in terms of its roles and responsibilities. In the first decade, the Commission focused only on the start-up and operation of the Altamont Commuter Express (ACE) service, which began with 2 roundtrip trains and has grown to 4 roundtrip trains. Ridership per train is among the highest in the country with several trains (pre-pandemic) carrying more than 1200 riders. The County of San Joaquin was the sponsor of the ACE Service concept from the late 1980’s until the creation of the Rail Commission (SJRRC) in 1995. This small county programmed the majority of capital funding necessary for the start of the ACE service through a local transportation sales tax (Measure K) and State Prop 116 rail funding. The Commission worked with Alameda and Santa Clara Counties for two years to create a new 3-County ACE Authority in 1997. The Governing Board was made up of three members from each county and over an initial five-year service period, was tasked with equalizing the initial $47M contribution made by San Joaquin County. This structure supported the early years of the ACE service, but faltered during the dotcom recession. The dissolution of the ACE Authority was prompted in 2003 by Santa Clara County (VTA) who was dealing with significant funding shortages associated with the dotcom issue. Additionally, neither Santa Clara or Alameda County were in a position to fulfill the $47M equalization requirement and agreed a new governance structure was appropriate Through a professionally facilitated process, the three parties agreed in 2003 that the Rail Commission, based upon its’ significant financial and staffing contributions, would be designated the owner and operator of the ACE Service and VTA and Alameda County Transportation Commission (ACTC) would purchase service under a new Cooperative Services Agreement (CSA). VTA completely relinquished its governance role for the ACE service in exchange for a more fixed funding contribution (At the 3-train level, indexed each year the CPI). VTA could not commit to funding ACE service beyond a 3-train level. Over the course of the recession, VTA cut many light rail and bus services, but maintained the annual funding commitment to ACE. ACTC sought to retain some role in governance as it related to only ACE service issues in Alameda County and made a commitment to negotiate new ACE service contributions beyond 3 trains. In addition to the CSA, ACTC formed a new relationship with the Rail Commission in 2003 through a Memorandum of Understanding (MOU) to have two Special Voting Members serve on the Commission. These members vote only on the following issues and provide comment and insight on broader issues affecting the Commission: . Financing of the Baseline Service Plan associated with Alameda County . Amendments of the Baseline Service Plan associated with Alameda County . Connecting Shuttle service in Alameda County . Any actions related to equipment installed at Alameda Stations . ACE Baseline Schedules and Fares and station stops in Alameda County. The result is a Commission comprised of 6 San Joaquin members that are classified as regular voting members that vote on all matters before the Commission and 2 Alameda members that are classified as special voting members that vote only on Alameda County issues identified in the Memorandum of Understanding.

Expanding Rail Commission Roles and Responsibilities: Based upon expertise and experience gained as part of the ACE service, the Rail Commission has been sought out to perform a variety of other roles related to passenger rail service in Northern CA. 1. Managing Agency for the San Joaquin Joint Powers Authority: In 2013, state legislation created the formation of the San Joaquin Joint Powers Authority to oversee the Amtrak San Joaquin Intercity Rail Service. This 10-member governing board opted not to create another agency for staffing purposes and solicited proposals from public entities interested in serving in the Managing Agency role. The Rail Commission was selected and has served as the Authority’s Managing Agency since 2015. Policy and direction are set by the Authority Board and carried out by Rail Commission staff. Pre-COVID, the San Joaquins operated 5 roundtrip trains from Bakersfield to Oakland and 2 roundtrip trains from Bakersfield to Sacramento over 374 track miles. The annual Operating Budget for the San Joaquins is just over $80M and includes $20M/year for an extensive bus network that runs throughout the rest of the state. 2. Project Sponsor for the $1.3B Valley Rail Program: The State Transportation Agency (CalSTA) worked with the Rail Commission to designate $400M in SB132 funding and over $500M in Transit and Intercity Rail Capital Program (TIRCP) funding to expand ACE Service and San Joaquin Service between Ceres/Merced and Natomas. The first ACE trains between Ceres and Natomas are required to begin by 2023 and service expanded to Merced by 2026. In 2018, the Rail Commission and representatives from Alameda County met to outline a Core Capacity Analysis to be performed by consultants that would identify any potential impacts of the expansion on the existing trunkline service. The recommendations from that analysis are underway. 3. Managing Agency for State-Owned Rolling Stock Overhaul and Preventative Maintenance: In 2020, the State of CA entered into an agreement with the San Joaquin Joint Powers Authority, using the Rail Commission staff and consultants, to oversee the overhaul of state owned rolling stock for the Intercity Rail Program Equipment and the acceptance, testing and preventative maintenance work on the new Siemen’s single level rail cars. New Managing Agency Roles: 4. In 2020, the Tri-Valley/San Joaquin Valley Regional Rail Authority agreed through an MOU to move towards designating the Rail Commission as the Operating Agency to oversee the operations of the new Valley Link rail service under development between Lathrop and the Dublin/Pleasanton BART station. Policy and direction will be set by the Authority Board and carried out by Rail Commission staff.

5. In 2020, the CA High Speed Regional Rail Authority designated the San Joaquin Joint Powers Authority, using the Rail Commission staff, as the Initial Operating Agency for the Interim High-Speed Rail Service on the first completed segment between Bakersfield and Merced. This role entails securing and managing an Operator, and overseeing all aspects of ticketing, marketing, amenities, stations, and connecting services. Policy and direction will be set by the San Joaquin Authority and carried out by Rail Commission staff.

As these expanding and emerging passenger rail services take shape, the consolidation of staffing through the Rail Commission has streamlined the project development and integration processes. It has also removed many typical conflicts associated with separate staffing, consultants and legal teams. More discussions are needed, however, in the area of Policy and Governance to determine how the Governing Board structures might change in the future to address the significant expansion of service and the new communities and constituents in the new service territories.

Fiscal Impact: There is no fiscal impact.

Recommendation: This is an informational item. There is no action requested.

SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of February 5, 2021

STAFF REPORT

Item 5 INFORMATION

ACE 6-Month Operations and Financial Report for the period July 1, 2020 through December 31, 2020

Background: Under normal circumstances, the Altamont Corridor Express (ACE) provides 4 weekday roundtrips between Stockton, CA and San Jose, CA. The four train sets normally range from 6 cars to 8 cars depending on ridership which provides seating for approximately 804 to 1,054 seats. With COVID-19 protocols in place, ACE is currently running 2 weekday round trips with seating capacity to allow for social distancing for the safety of the ACE passengers and On-board staff. As ACE regains ridership, the operational plan is to add additional passenger cars and reintroduce a third train when necessary to provide sufficient social distancing space. With passengers indicating a high intention to return to ridership and indicated measures for ridership return immanent (i.e. vaccine distribution), SJRRC should be prepared and flexible for a potentially rapid spike in ridership return.

The Fiscal Year 2020/2021 Six-Month Operations and Financial Report provides a snapshot of ACE operating statistics, revenues, expenses and performance measures for the reporting period July 1, 2020 through December 31, 2021.

Fiscal Impact: There is no fiscal impact.

Recommendation: This is an informational item. There is no action requested.

ACE 6-MONTH OPERATIONS AND FINANCIAL REPORT FOR THE PERIOD JULY 1, 2020 THROUGH DECEMBER 31, 2020

Introduction For over 20 years, ACE has provided a safe, reliable, environmentally friendly, and sustainable way to travel from the Northern San Joaquin Valley through the Tri-Valley to the Silicon Valley. Carrying over 1.4 million passengers per year from their homes to the job centers, ACE provides substantial benefits for San Joaquin, Alameda and Santa Clara counties, reducing single occupancy automobile trips during peak travel periods (about ½ lane of traffic during the morning and evening peak periods), improving air quality, and providing a viable alternative for those who are unable to drive.

Service Description Under normal circumstances, the Altamont Corridor Express (ACE) provides 4 weekday round- trips between Stockton, CA and San Jose, CA. The four train sets normally range from 6 cars to 8 cars depending on ridership which provides seating for approximately 804 to 1,054 passengers. With COVID-19 protocols in place, ACE is currently operating 2 weekday round-trips with seating capacity to allow for social distancing for the safety of the ACE passengers and onboard staff. As ACE regains ridership, the operational plan is to add additional passenger cars and reintroduce a third train when necessary to provide sufficient social distancing space. With passengers indicating a high intention to return to ridership and indicated measures for ridership return immanent (i.e. vaccine distribution), SJRRC should be prepared and flexible for potentially rapid spike in ridership return.

Impact of COVID-19 On March 16, 2020, in response to the coronavirus (COVID-19) pandemic outbreak, the Bay Area counties issued their first stay-at-home order. The Governor issued a similar statewide order on March 19, 2020, and has since followed up with specific requirements to be met for counties/regions to begin phased reopening. These Orders resulted in many non-essential public and private businesses to close or curtail their operations for the duration of the Orders. During this time ACE ridership has dropped to a week low of 1,174 (Dec. 28, 2020 to January 3, 2021), but since its low, ACE has maintained an average weekly ridership of 2,700.

1

Ridership Impact Due to COVID-19 35,000

30,000

25,000

20,000

15,000

10,000

5,000

- Jan. Feb. Mar. April May June Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week 02 03 04 05 07 08 09 11 12 13 15 16 17 18 20 21 22 24 25 26 01 06 10 14 19 23 10,43 31,96 30,84 25,80 31,06 30,04 29,70 25,24 29,79 28,56 17,57 4,409 2,275 2,006 1,627 1,558 1,531 1,661 1,780 1,904 2,149 1,782 2,487 2,695 2,873 2,866

In response to the unprecedented pandemic operating environment, SJRRC and its operator, Herzog, rapidly responded with service adjustments and safety measures. The service was reduced to two weekday round-trips to continue to provide essential transportation services to passengers still needing to report to work and to reduce operating expenditures to offset the lost fare revenue and the economic forecast of reduced State Taxes and Local Sales Tax Revenues. SJRRC and Herzog implemented several health and safety measures to keep passengers and employees safe, including, but not limited to: more rigorous and frequent equipment cleaning protocols, social distancing policies, and mask requirements. These measures have provided confidence in current riders and employees. The continued practice and refinement of these policies in coordination with local, state, and national health experts will aid in ridership recovery efforts. Additionally, SJRRC has engaged current and previous passengers to gather information regarding ridership recovery, perceptions of safety, and changes in ridership behavior. This information gathering has been performed in the form of digital surveys to maximize response and minimize contact. The survey results have shown a high intention of ridership return. The vast majority of riders intend to continue riding the service.

2

Once a vaccine is readily available, how likely are you to ride ACE again? 60.00% 54.86%

50.00%

40.00%

30.00% 21.29% 20.00% 15.84%

10.00% 5.11% 1.53% 0.85% 0.51% 0.00% Definitely will Very likely Somewhat Somewhat Very unlikely Definitely will Don't know likely unlikely not

Survey results indicate a 92% likely return to ridership once a vaccine is readily available. This overwhelming indication should provide confidence in future ridership, and also, indicates just how important the ACE service is to its passengers. The survey questions intended to gauge timing of ridership return yielded mixed and varied results. The results indicated passengers have different intentions on timing for return and many were simply unsure, at the time of the survey, when they would feel comfortable returning. With this being the case, larger portions of riders intend to return once their employer’s office is open and others when the vaccine is available.

How soon would you feel comfortable riding ACE again? 30.00% 23.87% 25.00% 23.53% 21.01% 20.00%

15.00% 11.76% 9.92% 10.00% 3.87% 5.00% 3.03% 3.03%

0.00% As soon as the A month after After schools After a Sometime later Next year Don't know Other (please stay-at-home the stay-at- have opened treatment or this year specify) order is lifted home order is again vaccine has lifted been developed

Ridership Performance – FY 20/21 For ACE to begin operating a third daily round-trip, a ridership target of over 360 passengers consistently on a train must be reached. Reaching these levels of ridership would impact the

3

service’s ability to maintain social distancing with the current operating schedule resulting in the need to reintroduce a third round-trip. Currently, ACE’s highest ridership train averages 210 daily riders. As vaccinations increase and job centers slowly reopen, ACE anticipates regaining ridership consistent with the passenger survey results.

Ridership July 1 thru Dec 31, 2020

4,000

3,500

3,000

2,500

2,000 Axis Title 1,500

1,000

500

- July Aug. Sept. Oct. Nov Dec Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week Week 2 3 4 5 7 8 9 11 12 13 15 16 17 19 20 21 23 24 25 26 1 6 10 14 18 22 2,222 2,982 2,978 3,087 3,000 3,049 3,109 3,109 3,193 3,366 2,504 3,323 3,241 3,350 2,542 3,327 3,338 3,277 3,349 3,299 3,356 1,595 2,917 2,972 2,732 1,399

ACE YTD Ridership FY 19/20 vs 20/21 165,000 150,000 135,000 120,000 105,000 90,000 75,000 60,000 45,000 30,000 15,000 - FY Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 TOTAL FY 20-21 Ridership 13,126 13,121 13,847 13,760 12,085 10,708 ------76,647 FY 19-20 Ridership 122,770 133,972 124,677 141,701 114,973 101,363 126,661 114,984 53,665 7,252 7,908 12,064 1,061,9

As a point of reference, ACE is operating an efficient service program during the pandemic. Compared to the Capitol Corridor and SMART services, ACE is operating at a dramatically higher

4 per train ridership rate. This ridership load factor will mean that ACE will have a more limited capacity to receive additional riders as ridership recovery continues.

Average Passengers Per Train July - Dec 2020 160.0 150.9 140.0 120.0 100.0 80.0 60.0 39.3 40.0 25.6 20.0 0.0 ACE Capitol Corridor SMART

With the suspension of the Lathrop/Manteca and Tracy station ticket sales to limit human to human contact, the ACE mobile app has increased from 45% to 60% as a point of sale for riders. This is a positive sign as mobile app adoption is a key initiative for the agency to reduce demand on paper tickets, paper ticket validators, and increase available data related to ticket purchases, ridership patterns, and passenger behavior. In addition, the mobile app offers a completely contactless transaction and fare inspection process that increases safety for both passengers and employees.

Operating Revenues

2019/2020 2020/2021 ACE SERVICE $ Collected % Budgeted ACE SERVICE % Budgeted OPERATING thru Collected OPERATING $ Collected thru Collected Operating Revenue BUDGET 12/31/2019 12/31/2019 BUDGET 12/31/2020 12/31/2020 Measure K 2,317,881 1,162,500 50% 964,124 482,062 50% SJCOG - Local Transportation Funds (LTF) 4,147,715 0 0% 2,796,123 0 0% Fare Revenues 10,500,000 5,572,988 53% 1,229,580 669,060 54% ACTC Measure B Local 3,091,148 1,732,579 56% 1,567,430 1,088,556 69% ACTC Measure BB Local 1,454,292 831,883 57% 743,216 527,184 71% Santa Clara VTA Local 3,793,064 1,791,590 47% 2,546,587 1,909,938 75% Transportation for Clean Air (TFCA) 80,000 38,721 48% 80,000 0 0% SJCOG - State Transit Assistance (STA) 702,450 0 0% 65,522 0 0% MTC - State Transit Assistance (STA) 498,478 0 0% 347,133 0 0% ACTC Measure B Local - Admin Fee 15,000 0 0% 15,000 0 0% ACTC Measure BB Local - Admin Fee 15,000 0 0% 15,000 0 0% Amtrak Thruway Service 75,000 37,500 50% 75,000 37,500 50% Ticket Sales Others 163,985 6,400 4% State Rail Assistance (Saturday Service) 1,603,056 349,777 22% LCTOP - Means Based Fare Program 173,687 0 0% FTA CARES ACT* 8,704,323 2,407,528 28% Total Operating Revenue 28,457,069 11,523,938 40% 19,322,725 7,121,828 37%

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The ACE service is funded from diverse revenue sources. In some cases, sales and diesel tax- related funding sources have yet to be as negatively impacted as was originally projected. Since the full impact to the economy cannot be estimated at this time, it is crucial to be as efficient and strategic with FTA CARES ACT funding to continue to cover the losses in passenger fares. Additionally, Alameda County Transportation Committee and Santa Clara Valley Transportation Authority (VTA) initially contributed to a 2 round-trip service level in the original Budget, but both agencies later agreed to fund the ACE service equal to the 3-train level due to the demonstrated cost increases associated with the pandemic. These contributions will bring the expenses and revenues back into balance. Moody's affirms A2 on San Joaquin Regional Rail Commission, CA's COPs During this time, some transit agencies received a credit downgrade due to heavy reliance of Fare Revenue to maintain operations. The diversity of ACE operating revenue has helped fund the service through the pandemic and will help extend the life of the CARES Act funds received.

On January 11, 2021, Moody's Investors Service affirmed the A2 rating on the San Joaquin Regional Rail Commission, CA's (SJRRC) outstanding certificates of participation. The rating applies to the approximate $28 million of outstanding debt and the outlook is stable.

RATINGS RATIONALE The A2 rating on SJRRC's Certificates of Participation (ACE Maintenance Facility Project) Taxable Series A-2 (Recovery Zone Economic Development Bonds) reflects the absolute and unconditional obligation of the SJRRC to make lease payments secured by pledged farebox and sales tax (Measure K) revenue. The rating also incorporates solid debt service coverage by pledged revenue on a gross basis, satisfactory coverage by total operating revenue on a net basis, and strong liquidity relative to the modest scope of operations. These strengths are offset by the risk of non-appropriation by the San Joaquin Council of Governments of Measure K sales tax revenue in any given year, a relatively weak Additional Bond Test (ABT) of 2.0x and the smaller size of the market and ridership, which has been particularly pressured by the economic shutdown.

RATING OUTLOOK The outlook incorporates the expectation that despite the current severe decline in ridership and farebox revenue, SJRRC maintains sufficient liquidity, including access to CARES Act funds, to successfully manage through the ongoing economic shutdown. It also reflects the expectation that after the pandemic the transit will regain lost ridership and continue its prior expansion.

OPERATING EXPENSES Overall, operating expenses are running four (4) percent below projections for the 6-month period. It is important to note that in the original adopted Budget, the expenses were held to the 2-train service level in response to ACTC and VTA, pending demonstration of any actual increased costs associated with the pandemic. In the Operating Expenses Chart below, the items highlighted in ‘yellow’ indicate line items that are demonstrating higher costs than projected in the original Budget Scenario. The ACE Operations & Maintenance and

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Consumables/Repair Parts line items are over budget due to the changing cleaning protocols associated with the continuing pandemic. Additionally, the availability of equipment and personnel due to the continued reduced schedule has resulted in testing and training on the new Charger Locomotives being slightly ahead of pace, which also impacts the Operations & Maintenance Line, as well as slightly impacting fuel costs. These increases are likely to be sustained at least through next summer and will be accommodated in an upcoming Operating Budget Amendment. It should also be noted that the Insurance and Audit line expenses are complete for the year and will not exceed the original budget.

Operating Expenses % 2020/2021 ACE Budgeted SERVICE OPERATING Expensed Unaudited Dec 31, 2020 - 50% of Year BUDGET $ Expensed to Date to Date Project Management, Services & Supplies Salaries/Benefits/Contract Help 4,115,428 1,284,301 31% Office Expense Postage 27,485 3,962 14% Subscriptions/Periodicals/Memberships 9,650 3,500 36% Office Equipment Lease/Furniture 64,231 9,278 14% Computer Systems 8,850 817 9% Communications 60,904 6,747 11% Motor Pool 62,149 9,947 16% Transportation/Travel 17,125 - 0% Training 15,625 - 0% Audits Regulatory Reporting 69,400 43,012 62% Professional Services Legislative - - 0% Professional Services Legal 60,000 6,365 11% Professional Services General 163,695 35,276 22% Publications/Legal Notices 16,000 - 0% Taxes Assessments - - 0% Project Management, Services & Supplies Subtotal 4,690,542 1,403,205 30% Contracted Services Maintenance of San Joaquin County Facilities - - 0% Maintenance & Improve System Wide ACE Stations 54,900 12,379 23% Maintenance of Headquarters Structures/Grounds 130,992 44,937 34% ACE Operations & Maintenance 3,931,538 3,394,308 86% Positive Train Control 276,000 131,670 48% Consumables/Repair Parts 550,000 364,478 66% Operating Leases 39,100 13,146 34% Fuel 831,482 429,056 52% RR Maintenance Oversight/Dispatching 1,076,631 480,894 45% Insurance 3,764,611 1,453,242 39% Insurance Management Fees 127,500 127,500 100% Security Services/Safety Program 352,601 80,608 23% FRA/FTA Drug Testing Program 7,100 1,551 22% Passenger and Service Restoration Communications 422,742 40,817 10% Special Trains - - 0% Passenger Services 14,500 - 0% Ticketing Services 436,614 68,405 16% Professional Services Operations 243,948 71,258 29% Communications, Operations 96,536 43,983 46% Communications, Wi-Fi 400,000 58,093 15% Emergency Ride Home Emergency Bus Bridges 19,125 416 2% Rail Maintenance Facility 1,113,480 388,288 35% Contracted Services Subtotal 13,889,400 7,205,029 46% Shuttle Services 742,783 371,391 50% TOTAL ACE OPERATING EXPENSES 19,322 ,725 8,979,625 46% The December 31, 2020 expenses may not contain all accrued December expenses due to the timing of invoices received.

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4. Moving Forward

ACE Ridership, though low, has remained steady during the pandemic. With the Governor recently lifting the State stay-at-home order and the increasing distribution of the vaccine, ridership is expected to increase to levels which will meet the criteria to add a third round-trip to the service and help maintain social distancing. As notated in the survey, a large portion of ACE passengers intend to return once certain pandemic response thresholds are met. These “peak” moments have the potential for ridership to return quickly and staff are prepared for a variety of service restoration efforts. Most importantly, the Budget fundamentals projected for the ACE service have been solid during this unprecedented time.

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SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of February 5, 2021

STAFF REPORT

Item 6 ACTION Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Adopting Fiscal Year 2020/2021 Budget Amendment #1 Adding Five Capital Projects and Updating Nine Capital Projects, Increasing the Capital Budget in the Amount of $34,769,211, from $89,848,794 to $124,618,005

Background:

On July 2, 2020, the San Joaquin Regional Rail Commission (SJRRC) approved the FY 2020/2021 SJRRC/Altamont Corridor Express (ACE)/San Joaquin Joint Powers Authority (SJJPA) Operating and Capital Budgets. As part of the budget approval process, the Executive Director is responsible for and authorized to implement the adopted budget. The Executive Director’s authority is limited to the major category levels identified in the budget and is subject to the Commission’s authorized expenditure limits, except for those expenditures that are routine in nature and are required in order to conduct the ordinary day-to-day activities of the Commission or the ACE Service. These ongoing expenditures are approved through the adoption of the budget. Budget increases, amendments, or transfers between major budget categories are submitted to the Board for approval in accordance with Section 7.2 of the SJRRC Joint Powers Agreement. Details of the capital budget changes are described below. A budget amendment for operating changes will be presented at a future Board meeting.

Capital Budget Revisions Summary Table

Table Notes:

• Stockton Diamond Grade Separation increase from $2,000,000 to $3,100,000 o Increase of $1,100,000 of SB 132 funds o Budget increase is needed for Preliminary Engineering (PE) Agreement with Union Pacific Railroad and to continue progress on Environmental Impact Report (EIR) through June 30, 2021 • Locomotives (2 Options) o New project added using $3,524,530 of Congestion Mitigation and Air Quality Improvement (CMAQ) funds and $5 million of anticipated Air District Carl Moyer funds o Project will come to the SJRRC Board for future action • Cabral Station Track Extension increase from $5,000,000 to $6,196,697 o Federal Transit Administration (FTA) 5307 funds reduced from $1,961,755 to $288,694 o $1,785,020 of FTA 5309 funds added o Federal Earmark funds of $1,879,687 added o CMAQ funds reduced from $2,038,245 to $253,255 o Proposition 1A funds increased from $500,000 to $612,000 o Funding Sources updated with correct amounts and types o Budget increase is needed to allow the project to be advertised and awarded in FY 2020/21. • Rail Car Purchase (5 Cab Cars and 12 Coach Cars) increase from $27,000,000 to $37,000,000 o SB 132 funds increased from $7,500,000 to $17,500,000 o Budget increase is needed to meet faster than anticipated milestone payments due to Bombardier for fabrication of the rail cars. There is no increase in the contract amounts. • Rail Car Purchase (4 Option Coach Cars) o New project added using $6,922,179 of SB 132 funds and $2,489,000 of Affordable Housing and Sustainable Communities Program (AHSC) funds o SJRRC Board approved execution of options with Bombardier at December 2020 meeting. • Locomotive Overhaul o Project has been completed under budget and is proposed to be deleted, $524,530 of CMAQ savings transferred to new Locomotives (2 Options) project • Rail Maintenance Facility Expansion o New project added in budget with $1,000,000 of Interregional Transportation Improvement Program (ITIP) funds and $1,152,312 of State Rail Assistance (SRA) funds o Project needs to be added to the budget to allowed it to be advertised and awarded in FY 2020/21. • East Channel Street Improvements increase from $2,007,500 to $2,209,500 o Budget increase is needed to incorporate $202,000 of AHSC funds previously awarded to the project. • Robert J. Cabral Station Expansion increase from $1,979,505 to $2,812,203

o CMAQ funds reduced from $1,295,000 to $1,263,598 o $675,000 of California Governor’s Office of Emergency Services (CalOES) funds added o State Rail Assistance increased from $400,000 to $512,688 o State of Good Repair increased from $284,505 to $360,917 o Budget increase is needed to reflect funding sources previously committed to the project by the SJRRC Board and the SJJPA Board and to allow the project to be advertised and awarded in FY 2020/21 • Ripon Multimodal Station and Offsite Improvements o New project added with $405,000 of FTA 5307 funds • Capital Spares increased from $546,138 to $846,138 o Budget increase is needed to incorporate $300,000 of Measure K savings from FY 2019/20 • Wifi Upgrade increased from $820,000 to $1,130,000 o A $310,000 increase in SRA funds is needed for final identified component costs, integration with the mid-life overhaul program, and onboard portal analytics to support a digital advertising program. • ACE Maintenance Vehicles o New project added with $150,000 of Measure K funds to the FY 2020/21 budget o This project was originally included in the FY 2019/20 budget and was not carried over to the FY 2020/21 budget. The project was delayed due to COVID-19 and has now been completed. • SJJPA – Station and Transportation Projects increased from $4,000,000 to $4,709,325 o ITIP funding is increased from $500,000 to $1,000,000 o SRA funding increased from $1,250,000 to $1,459,325 o Budget increase is needed to include funding previously committed to the Stockton Wye, Merced Station Parking Lot, and Mini-High Platform projects by the SJJPA Board o This is needed to allow the Stockton Wye and Mini-High Platform projects to be advertised and awarded in FY 2020/21

Fiscal Impact:

This amendment adds five Capital Projects and updates nine existing Capital Projects, for a net increase of $34,769,211, from $89,848,794 to $124,618,005.

Recommendation:

Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Adopting Fiscal Year 2020/2021 Budget Amendment #1 Adding Five Capital Projects and Updating Nine Capital Projects, Increasing the Capital Budget in the Amount of $34,769,211, from $89,848,794 to $124,618,005.

RESOLUTION SJRRC-R-20/21-

RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION ADOPTING FISCAL YEAR 2020/2021 BUDGET AMENDMENT #1 ADDING FIVE CAPITAL PROJECTS AND UPDATING NINE CAPITAL PROJECTS, INCREASING THE CAPITAL BUDGET IN THE AMOUNT OF $34,769,211, FROM $89,848,794 TO $124,168,005

WHEREAS, on July 2, 2020 the Board of Commissioners of the San Joaquin Regional Rail Commission (SJRRC) adopted the fiscal year 2020/2021 Capital and Operating Budgets; and

WHEREAS, the San Joaquin Regional Rail Commission Joint Powers Agreement (“JPA”) requires approval of all amendments to the capital and operating budget; and

WHEREAS, as part of the Budget approval process, the Executive Director is responsible for, and authorized to implement the adopted Capital and Operating Budgets. The Executive Director’s authority is limited to the major category levels identified in the Budget and is subject to the Commission’s authorized expenditure limits, except for those expenditures that are routine in nature and are required in order to conduct the ordinary day-to-day activities of the Commission or the ACE Service. These ongoing expenditures are approved through the adoption of the Budget. Budget increases, amendments, or transfers between major budget categories are submitted to the Board for approval in accordance with Section 7.2 of the JPA; and

WHEREAS, from time to time the need to amend an approved budget occurs to include additional funds for and or projects to complete the mission of the Commission in providing the ACE and San Joaquins Services; and

WHEREAS, the Executive Director has prepared an amended Capital Budget that reflects the addition of Five Capital Projects and updating Nine Capital Projects and the associated revenues; and

WHEREAS, following review and deliberation, the San Joaquin Regional Rail Commission staff has recommended adoption of Amendment #1 to the FY 2020/2021 SJRRC/ACE Combined Operating and Capital Budget as presented; and

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the San Joaquin Regional Rail Commission adopts Budget Amendment #1 Adding Five Capital Projects and Updating Ten Capital Projects, Increasing the Capital Budget in the Amount of $34,769,211, from $89,848,794 to $124,618,005

PASSED AND ADOPTED, by the Board of Commissioners this 5th day of February 2021, by the following vote:

AYES: NOES: ABSENT: ABSTAIN:

ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION

______STACEY MORTENSEN, Secretary CHRISTINA FUGAZI, Chair

SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of February 5, 2021

STAFF REPORT

Item 7 INFORMATION

Update on Newark-Albrae Siding Connection Project and Letters of Support

Background:

SJRRC staff coordinated with Union Pacific Railroad (UPRR) to identify capital improvements necessary to allow for a future increase in the number of ACE trains to San Jose. UPRR has identified the Newark-Albrae Siding Connection project as required to improve passenger rail operations to San Jose and to maintain existing freight capacity. The preliminary estimate to design and construct the necessary work is approximately $9.8 million.

On January 8, 2021, the SJRRC Board adopted two resolutions authorizing SJRRC staff to apply for $9.8 million in funding to design and construct Newark-Albrae Siding Connection. $2,000,000 in funding has been requested from Alameda County Transportation Commission (ACTC) for the engineering and construction of the project. These funds will be matched through a $7,800,000 State Rail Assistance (SRA) request to ensure there is adequate funding to complete all project components. SJRRC Staff prepared and submitted a grant application to ACTC by the deadline of February 1, 2021. SJRRC staff reached out to partners throughout the Bay Area and San Joaquin Valley to secure support for this critical project. As of February 1, 2021, over forty letters of support from a wide range of individuals and entities have been provided for the project as shown in the attached list.

The Newark-Albrae Siding Connection Project is located on the UPRR Coast Subdivision within a one-mile-long corridor from MP 32.9 to 33.9, southeast of Mowry Avenue in the City of Newark and northwest of Auto Mall Parkway in the City of Fremont. This is one of the most congested locations on the ACE network. The project involves connecting two sidings to create a second main track. With implementation of this project, the connected sidings would permit double track operation between Fremont and just north of the Alviso Wetlands, thus increasing overall capacity. This project connects with previous improvements implemented by the Capitol Corridor Joint Power Authority and will benefit both ACE and the Capitol Corridors.

ACTC is embarking on the development of their 2022 Comprehensive Investment Plan (2022 CIP) and has announced the availability of $26.0 million of combined Measure B, Vehicle Registration Fee (VRF), and Transportation Fund for Clean Air (TFCA) discretionary program funds for bicycle/pedestrian and transit-related improvements within Alameda County. The 2022 CIP program funding anticipated between fiscal years 2021-22 thru 2025-26. The maximum funding request is $2 million, and a minimum of 25% matching funds is required. Applications were due to ACTC by February 1, 2021.

Senate Bill 1 (SB 1) created the SRA Program by directing a portion of new revenue specifically to intercity rail and commuter rail. SB 1 directs a 0.5% portion of new diesel sales tax revenue for allocation, with half going to the five commuter rail providers and half to intercity rail corridors. Over the next five years ACE will receive $19.9 million from the program as shown below.

Estimated Distribution Commuter Rail Agency 2020-21 2021-22 2022-23 2023-24 2024-25 Altamont Corridor Express Authority $3.9M $3.9M $4.0M $4.0M $4.1M (ACE)

SRA was created to provide operating and capital assistance for commuter and intercity rail agencies. The SRA guidelines permit projects that cover a full range of transportation planning and mass transportation purposes, with the direction that rail agencies spend these funds in a cost-effective manner to provide operations and capital improvements for the benefit of the public.

Fiscal Impact: There is no fiscal impact.

Recommendation: This is an informational item. There is no action requested. Newark-Albrae Siding Connection Project Letters of Support

(as of February 1, 2021)

• Alameda County Supervisor David Haubert • Bay Area Council • Café Coop • California Partnership for the San Joaquin Valley • Caltrans Division of Rail and Mass Transportation • Capitol Corridor Joint Powers Authority • Catholic Charities • City of Dublin, Mayor Melissa Hernandez • City of Fremont • City of Livermore, Mayor Bob Woerner • City of Manteca, Mayor Benjamin Cantu • City of Pleasanton, Mayor Karla Brown • City of Stockton • City of Union City, Mayor Carol Dutra-Vernaci • Congressman Jim Costa (CA-16) • Congressman Josh Harder (CA-10) • Downtown Stockton Alliance • Dublin Chamber of Commerce • Environmental Justice Coalition for Water • Fremont Chamber of Commerce • Innovation Tri-Valley Leadership Group • Livermore Amador Valley Transit Authority (LAVTA) • Livermore Valley Chamber of Commerce • Merced County Board of Supervisors, Supervisor Daron McDaniel, Chairman • Merced County Association of Governments (MCAG) • Merced County Hispanic Chamber of Commerce • Merced Greater Chamber of Commerce • Modesto Chamber of Commerce • Opportunity Stanislaus • Pleasanton Chamber of Commerce • Rail Passenger Association of California and Nevada • Rising Sun Center for Opportunity • San Joaquin Council of Governments (SJCOG) • San Joaquin Joint Powers Authority (SJJPA) • San Joaquin Partnership • San Joaquin Regional Transit District (SJRTD) • San Joaquin Valley Regional Planning Agencies’ Director’s Committee • Senator Anna Caballero, 12th Senate District • Silicon Valley Leadership Group • Stanislaus County Public Works • Stockton Chamber of Commerce • Tri-Valley San Joaquin Valley Regional Rail Authority

SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of February 5, 2021

STAFF REPORT

Item 8 ACTION Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving a Reimbursement Agreement with Union Pacific Railroad for Preliminary Engineering Services for the Stockton Diamond Grade Separation Project for an Amount Not-to-Exceed $1,600,000 and Authorizing the Executive Director to Execute Any and All Documents Related to the Projects

Background: The Stockton Diamond Grade Separation Project will separate the at-grade crossing of the Union Pacific Railroad (UPRR) Fresno Subdivision and the Burlington Northern Santa Fe (BNSF) Railway Stockton Subdivision located in Stockton. The Rail Commission is the local project sponsor working with all parties to implement the project. In February 2020 the Rail Commission entered a contract with HDR Engineering, Inc. to prepare the preliminary engineering and design. UPRR, as the owner/operator of the rail track and facilities that most affected by the design, must review and approve all engineering plans. UPRR uses standard Preliminary Engineering (PE) Reimbursement agreements to perform local agency project reviews and approvals prior to construction.

Fiscal Impact: The funding source for this PE Reimbursement agreement is part of the Senate Bill (SB) 132 funding for the Stockton Diamond Grade Separation Project. Expenses associated with this agreement are identified in the SJRRC/ACE Fiscal Year 2020/2021 Capital Budget. Future Capital Budgets will identify all costs occurring in the upcoming fiscal years in excess of the original budget, if needed. The Executive Director shall have authority to amend this agreement on behalf of the SJRRC within their designated spending authority.

Recommendation: Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving a Reimbursement Agreement with Union Pacific Railroad for Preliminary Engineering Services for the Stockton Diamond Grade Separation Project, for an Amount Not-to-Exceed $1,600,000 and Authorizing the Executive Director to Execute Any and All Documents Related to the Projects.

RESOLUTION SJRRC-R-20/21- RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION APPROVING A REIMBURSEMENT AGREEMENT WITH UNION PACIFIC RAILROAD FOR PRELIMINARY ENGINEERING SERVICES FOR THE STOCKTON DIAMOND GRADE SEPARATION PROJECT FOR AN AMOUNT NOT-TO-EXCEED $1,600,000 AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL DOCUMENTS RELATED TO THE PROJECTS

WHEREAS, SJRRC will enter into and execute a reimbursement contract with the Union Pacific Railroad to provide preliminary engineering services for the Stockton Diamond Grade Separation Project; and

WHEREAS, SJRRC and UPRR have agreed upon terms and desire to enter into an agreement for these services for Stockton Diamond Grade Separation Project; and

WHEREAS, the funding source for this agreement is part of the Senate Bill (SB) 132 funding for the Stockton Diamond Grade Separation Project. Expenses associated with this agreement are identified in the SJRRC/ACE Fiscal Year 2020/2021 Capital Budget; and WHEREAS, future Capital Budgets will identify all costs occurring in the upcoming fiscal years in excess of the original budget, if needed. The Executive Director shall have authority to amend this agreement on behalf of the SJRRC within their designated spending authority; and NOW, THEREFORE, BE IT RESOLVED the Board of Commissioners of the San Joaquin Regional Rail Commission hereby Approve a Reimbursement Agreement with Union Pacific Railroad for Preliminary Engineering Services for the Stockton Diamond Grade Separation Project for an Amount Not-to-Exceed $1,600,000 and Authorizing the Executive Director to Execute Any and All Documents Related to the Projects.

PASSED AND ADOPTED, by the Board of Commissioners this 5th day of February 2021, by the following vote:

AYES: NOES: ABSENT: ABSTAIN:

ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION

______STACEY MORTENSEN, Secretary CHRISTINA FUGAZI, Chair SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of February 5, 2021

STAFF REPORT

Item 9 INFORMATION ACE Means-Based Discounted Ticketing Program Update

Background: The Low Carbon Transit Operations Program (LCTOP) is one of several programs that are part of the Transit, Affordable Housing, and Sustainable Communities Program established by the California Legislature in 2014 with Senate Bill 862 (SB 862). SB 862 established LCTOP as a noncompetitive, formulaic program, with 5% of annual auction proceeds being continually appropriated at the beginning of each calendar year.

LCTOP was created to provide operating and capital assistance to transit agencies with the goal of reducing greenhouse gas (GHG) emissions and improving mobility, with an emphasis on serving Disadvantaged Communities (DAC). Moneys from the program shall be expended to provide transit operating or capital assistance that include: Operational expenditures that increase transit mode share.

Through coordination throughout the ACE Corridor, including collaboration with the Metropolitan Transportation Commission (MTC), staff identified the need to develop a means- based component to the ACE discounted ticketing program. While a 50% ticket discount was offered to persons with disabilities, seniors, and those with Medicare cards, the inclusion of a means-based discount would offer a similar discount for low-income individuals. SJRRC identified the ACE Means-Based Discounted Ticketing Program as a vital initiative in addressing equity and attracting low-income passengers to the ACE system.

On May 1, 2020, the SJRRC Board of Commissioners approved Resolution SJRRC-R-19/20- 34 authorizing the Executive Director to Submit and Execute Any and All Grant Applications, Agreements, Certifications and Assurances and Any Other Documents Necessary to Claim $534,417 from the Low Carbon Transit Operations Program (LCTOP) for the ACE Means- Based Discounted Ticketing Program.

Community Assistance Program (CAP) Launch

Staff worked with local partners and non-profits to identify an easy and efficient process for low-income community members to participate in the program. Participants need to have their income assessed, program participation tracked, assistance fulfilling the participant responsibilities for the program, and direction on how to purchase their discounted ticket. Early on in the process, staff identified 2-1-1 of the San Joaquin County with Family Resource & Referral Center, as a willing and able partner to help administer the program. 2-1-1 is a local community-based organization in San Joaquin County that administers several programs with similar clientele to the ACE means-based fare program. With many Community Based Organizations (CBOs) suspending in person client interaction due to COVID-19, 2-1- 1’s robust and well-known call-center provided a great opportunity to administer the program, during the pandemic.

SJRRC launched the NEW Altamont Corridor Express (ACE®) Community Assistance Program (CAP) on December 15, 2020. The LCTOP grant award funding provides up-to 50% discount off regular ACE fare tickets to qualifying applicants as part of the ACE CAP discount for FY 20-21. The “up-to” clarification is included due to the ACE fare policy rounding up to the nearest quarter which in some cases may result in a slightly less than 50% discount.

The roll-out of CAP has involved a grassroots campaign initiative with community-based organizations throughout the ACE Corridor to promote and assist interested individuals, that are at or below 200% Federal poverty level income threshold, to apply for the CAP discount. The program has been initially launched in coordination with 2-1-1 of the San Joaquin County with Family Resource & Referral Center, to perform income assessments for applicants. 2-1- 1 call center staff have been trained to assist community members both in and outside of San Joaquin County to not only asses participant income, but also, help participants with all aspects of utilizing the program from downloading the ACE app to signing up for an ACE ticket account. Staff is continuing to reach out and coordinate with community-based organizations in the corridor to promote the program to their clients and communities, as well as, potentially become an income assessing agency and ticket issuer.

During the pandemic, contactless ticketing has become an increasingly important aspect of the ACE ticketing mix. Recent data shows that 60% of current passengers are utilizing the ACE mobile ticket. With CBOs, like 2-1-1, not engaging with clients in-person as pre-COVID- 19, the ACE Mobile App has become the preferred method for using CAP tickets. With the hands-on nature of the program, CAP participants can receive help downloading and utilizing the app which increases app adoption for new and existing ACE passengers. As an alternative to the mobile app, staff has also made an in-person ticketing process available. For CAP participants needing in-person services, the CAP application form is available, must be filled out and turned into a customer service agent at the Cabral Station in Stockton.

Simple Steps for Applying:

1. Download ACE Mobile App Create an account using the ACE Mobile App by providing a valid email and password to retrieve an ACE mobile ID #.

2. Apply Online Fill out the ACE CAP Application form found on acerail.com/cap-program/ or in person at the Stockton (Robert J. Cabral) Station, 949 East Channel Street during Ticketing hours. For questions or more information call 1 (800) 411-RAIL (7245).

3. Get Verified Call 2-1-1 of San Joaquin County at 1-800-436-9997 for income assessment verification to retrieve a Client ID number.

4. Submit Form to ACE Ticketing Submit the ACE CAP Application form to the ACE Ticketing Department at [email protected] or in person at the Stockton (Robert J. Cabral) Station, 949 East Channel Street during Ticketing hours of 8am – 5pm, Monday through Friday, for validation within 3 – 5 business days.

5. Enjoy Your Ride Applicant will have access to purchase CAP tickets on the ACE mobile app. In-person ticket purchases will be available at the Stockton (Robert J. Cabral) Station. For additional information and marketing resources about the NEW ACE CAP discount, visit https://acerail.com/cap-program/.

Launching the CAP program during the COVID-19 pandemic provides financial relief and access to low-income populations still needing to get to essential jobs. The implementation of a means-based discount will continue to be a key priority for SJRRC to enhance regional mobility and transit affordability for people with low-incomes during the current state of pandemic and after. Staff has reached out to current participants and will provide an update at the meeting.

Staff intends to analyze the impacts of the Program and request LCTOP funding over the next two fiscal years to subsidize the continuance of an ACE Means-Based Discounted Ticketing Program. Staff will continue to work to ensure stable, continued funding for a means-based program. In addition, staff will be closely monitoring the success of the Program, adapting to lessons learned in subsequent years.

Fiscal Impact: There is no fiscal impact.

Recommendation: This is an informational item. There is no action requested.

SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of February 5, 2021

STAFF REPORT Item 10 ACTION

Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission to Appoint a Member and an Alternate of the Rail Commission Board Who are Residents of San Joaquin County to Serve on the Governing Board of the San Joaquin Joint Powers Authority

Background:

The Rail Commission played a significant role in establishing the San Joaquin Joint Powers Authority in 2013 to oversee the San Joaquin Intercity Rail Service. The Authority is a 10-Member Board with representation throughout the Central Valley, Sacramento and the Bay Area.

There are currently vacancies for both the Primary and Alternate representative of the Rail Commission on the San Joaquin Joint Powers Authority Board, so the Commission needs to appoint a Primary representative and an Alternate.

Fiscal Impact: There is no fiscal impact.

Recommendation: Approve a Resolution of the San Joaquin Regional Rail Commission to Appoint a Member and an Alternate of the Rail Commission Who are Residents of San Joaquin County to Serve on the Governing Board of the San Joaquin Joint Powers Authority.

RESOLUTION SJRRC-R-20/21-

RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION TO APPOINT A MEMBER AND AN ALTERNATE OF THE RAIL COMMISSION BOARD WHO ARE RESIDENTS OF SAN JOAQUIN COUNTY TO SERVE ON THE GOVERNING BOARD OF THE SAN JOAQUIN JOINT POWERS AUTHORITY

WHEREAS, the “Intercity Passenger Rail Act of 2012” (AB 1779), authored by Assembly member Cathleen Galgiani with Bi-Partisan support, was passed by the Legislature on August 30, 2012 and signed by the Governor on September 29, 2012; and WHEREAS, AB 1779 reauthorizes regional government agencies’ ability to form the San Joaquin Joint Powers Authority (SJJPA) to take over the governance/management of the existing San Joaquin intercity passenger rail service between Bakersfield-Fresno-Modesto-Stockton-Sacramento-Oakland; and

WHEREAS, the San Joaquin Regional Rail Commission (SJRRC) is one of the 10 member agencies who can appoint a Member and an Alternate Member to serve on the Governing Board for SJJPA; and

WHEREAS, there are vacancies for a Primary Member and Alternate Member on the SJJPA Governing Board which require appointments; and

WHEREAS, the Appointees must reside in San Joaquin County and be SJRRC board members; and

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the San Joaquin Regional Rail Commission hereby appoints a Member and an Alternate Member to the San Joaquin Joint Powers Authority as follows:

______

Primary Alternate

PASSED AND ADOPTED, by the Board of Commissioners this 5th day of February 2021, by the following vote:

AYES: NOES: ABSTAIN: ABSENT:

ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION

______STACEY MORTENSEN, Secretary CHRISTINA FUGAZI, Chair SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of February 5, 2021

STAFF REPORT

Item 11 ACTION Election of Officers

Background: The Rail Commission Bylaws outline the annual process for electing the Chair and Vice Chair for the Governing Board. The Chair and Vice Chair must be Regular Voting Members.

There are currently no limitations on how long any Commissioner can serve as Chair or Vice Chair and no prescribed rotational process. Commissioners have typically served in these roles as their time permits for representing the agency throughout the state, and/or because their particular expertise was relevant to the major work program initiatives at the time.

Fiscal Impact: There is no fiscal impact.

Recommendation: Elect a Chair and Vice Chair for the Rail Commission Governing Board.