Bill Text: CA AB481 | 2013-2014 | Regular Session | Chaptered
Bill Title: High-speed rail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-08-26 - Chaptered by Secretary of State - Chapter 132, Statutes of 2013. [AB481 Detail]
Download: California-2013-AB481-Chaptered.html
BILL NUMBER: AB 481 CHAPTERED
BILL TEXT
CHAPTER 132
FILED WITH SECRETARY OF STATE AUGUST 26, 2013
APPROVED BY GOVERNOR AUGUST 26, 2013
PASSED THE SENATE JULY 8, 2013
PASSED THE ASSEMBLY AUGUST 8, 2013
AMENDED IN SENATE JUNE 12, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Member Lowenthal
FEBRUARY 19, 2013
An act to amend Sections 11007.1, 14255, 14662, 14666, 14666.6,
14666.8, and 14667 of the Government Code, and to add Chapter 4
(commencing with Section 185040) to Division 19.5 of the Public
Utilities Code, relating to high-speed rail.
LEGISLATIVE COUNSEL'S DIGEST
AB 481, Lowenthal. High-speed rail.
Existing law creates the High-Speed Rail Authority with specified
powers and duties relative to development and implementation of a
high-speed train system, including the acquisition of rights-of-way
through purchase and eminent domain. Existing law, pursuant to the
Safe, Reliable High-Speed Passenger Train Bond Act for the 21st
Century, approved by the voters as Proposition 1A at the November 4,
2008, general election, provides for the issuance of $9.95 billion
for high-speed train capital projects and other associated purposes.
Existing law generally requires the approval of the Department of
General Services before a state agency may acquire, hire, dispose of,
or let real property in fee or in a lesser interest, subject to
certain exceptions, including real property obtained for highway
purposes by the Department of Transportation. Existing law requires
the Department of General Services to inventory state-owned property,
other than property owned by the Department of Transportation and
certain other state agencies. Existing law provides that property
acquired by the Department of Transportation for highway purposes and
leased back for commercial or business uses to the former owner for
a term exceeding 6 months may be insured for loss by fire at the
request of the former owner with the premium for the insurance
included in the rent.
This bill would enact similar exceptions and authorizations
relative to real property obtained for high-speed rail purposes by
the High-Speed Rail Authority. The bill would make various additional
conforming changes. The bill would also enact new provisions
governing acquisition or disposal of right-of-way property by the
authority. The bill would require payments for leases, sales, or
other conveyances of property owned or controlled by the authority to
be deposited in the High-Speed Rail Property Fund created by the
bill, and would provide that the funds shall be available to the
authority upon appropriation by the Legislature for specified
purposes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11007.1 of the Government Code is amended to
read:
11007.1. (a) The Department of Transportation, when it has
acquired title to any real property for highway purposes and leases
that property for commercial or business uses to the former owner for
a term exceeding six months, may secure insurance against the risk
of damage or destruction by fire where the former owner requests this
coverage and the premium therefor is included in the rental agreed
to be paid.
(b) The High-Speed Rail Authority, when it has acquired title to
any real property for high-speed rail purposes and leases that
property for commercial or business uses to the former owner for a
term exceeding six months, may secure insurance against the risk of
damage or destruction by fire where the former owner requests this
coverage and the premium therefor is included in the rental agreed to
be paid.
SEC. 2. Section 14255 of the Government Code is amended to read:
14255. Whenever provision is made by law for any project that is
not under the jurisdiction of the Department of Water Resources, the
Department of Boating and Waterways pursuant to Article 2.5
(commencing with Section 65) of Chapter 2 of Division 1 of the
Harbors and Navigation Code, the Department of Corrections and
Rehabilitation pursuant to Chapter 11 (commencing with Section 7000)
of Title 7 of Part 3 of the Penal Code, the High-Speed Rail
Authority, or the Department of General Services, the project shall
be under the sole charge and direct control of the Department of
Transportation.
SEC. 3. Section 14662 of the Government Code is amended to read:
14662. The Director of General Services may acquire any easements
or rights-of-way which the director determines to be necessary for
the proper utilization of real property owned or being acquired by
the state.
This section does not apply to land, easements, or rights-of-way
to be acquired by the Department of Transportation or the High-Speed
Rail Authority.
SEC. 4. Section 14666 of the Government Code is amended to read:
14666. With the approval of the state agency concerned, the
director may grant and convey in the name of the state, easements and
rights-of-way across real property belonging to the state not used
for highway rights-of-way or high-speed rail rights-of-way, for those
purposes and upon that consideration and subject to those
conditions, limitations, restrictions, and reservations as the
director deems are in the interest of the state. All revenue received
in connection with the granting and conveying of those easements and
rights-of-way, including charges made for administrative costs,
shall be deposited in the General Fund for appropriation as provided
in Section 15863. Any expenditure in connection with the granting and
conveying of those easements and rights-of-way or investigating
proposed gifts of real property to the state may be allocated from
the appropriation made pursuant to Section 15863.
SEC. 5. Section 14666.6 of the Government Code is amended to read:
14666.6. (a) With the approval of the state agency concerned, the
director shall negotiate in the name of the state, access to
state-owned property, not used for highway or high-speed rail
purposes, for those purposes and subject to those conditions,
limitations, restrictions, and reservations determined by the
director to be in the best interest of the state. To the extent
permitted under existing law, the director shall determine the amount
of consideration for, and means of access, which means shall
include, but not be limited to, any of the following: lease, permit,
or other form of providing a monetary or service consideration for
the access.
(b) The Director of Transportation shall negotiate, in the name of
the state, access to state-owned highway rights-of-way, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the Director of Transportation to be
in the best interest of the state. To the extent permitted under
existing law, the Director of Transportation shall determine the
amount of consideration for, and means of access, which means shall
include, but not be limited to, any of the following: lease, permit,
or other form of providing a monetary or service consideration for
the access.
(c) The Chief Executive Officer of the High-Speed Rail Authority
shall negotiate, in the name of the state, access to state-owned
high-speed rail rights-of-way for those purposes and subject to those
conditions, limitations, restrictions, and reservations determined
by the chief executive officer of the authority to be in the best
interest of the state. To the extent permitted under existing law,
the chief executive officer of the authority shall determine the
amount of consideration for that access, and any means of access,
which means shall include, but not be limited to, any of the
following: lease, permit, or other form of providing a monetary or
service consideration for the access.
(d) This section applies to various telecommunications and
information technologies, including, but not limited to, voice data,
video, and fiber-optic technologies.
(e) Any payments received under the provisions of this section for
a grant or conveyance through land or facilities controlled by the
Department of Transportation, including but not limited to
rights-of-way along the state highway system, shall be deposited in
the State Transportation Fund.
(f) Any payments received under the provisions of this section for
a grant or conveyance through land or facilities controlled by the
High-Speed Rail Authority, including, but not limited to,
rights-of-way along the high-speed rail system, shall be deposited in
the High-Speed Rail Property Fund, created pursuant to Section
185045 of the Public Utilities Code, and shall be available to the
authority upon appropriation by the Legislature as provided in that
section.
SEC. 6. Section 14666.8 of the Government Code is amended to read:
14666.8. (a) The director shall, within 120 days of the operative
date of this section, compile and maintain an inventory of
state-owned real property that may be available for lease to
providers of wireless telecommunications services for location of
wireless telecommunications facilities. This inventory shall be the
state's sole inventory of state-owned real property available for
this purpose. The term "state-owned real property," as used in this
section, excludes property owned or managed by the Department of
Transportation, property owned or managed by the High-Speed Rail
Authority, and property subject to Section 7901 of the Public
Utilities Code.
(b) The director shall provide, in a cost-effective manner, upon
payment of any applicable fee, a requesting party a copy of the
inventory.
(c) On behalf of the state, the director may negotiate and enter
into an agreement to lease department-managed and state-owned real
property to any provider of wireless telecommunications services for
location of its facilities. A lease for this purpose shall do all of
the following:
(1) Provide for fair market value to be paid by the provider of
wireless telecommunications service to the state to the extent
permitted under existing state law.
(2) Designate a lease term that is acceptable to the director and
the state agency that has control over the property. The duration of
the initial lease term for any wireless facility may not exceed 10
years, and the lease may provide for a negotiated number of renewal
terms, not to exceed five years for each term.
(3) Provide for the use of the wireless provider's facilities
located on the state-owned real property by any appropriate state
agency if technically, legally, aesthetically, and economically
feasible.
(4) Facilitate, to the greatest extent possible, agreements among
providers of wireless telecommunications services for collocation of
their facilities on state-owned real property.
(d) Nothing in this section alters any existing rights of
telegraph or telephone corporations pursuant to Section 7901 of the
Public Utilities Code.
(e) Notwithstanding any other provision of law, any revenue
collected from a lease entered into pursuant to this section to use
property that was acquired with money from a fund other than the
General Fund shall be deposited into the fund from which the money
was obtained. Money received and deposited into a fund pursuant to
this section shall be available upon appropriation by the
Legislature, notwithstanding any other provision of law.
(f) Before making any state-owned real property that is part of
the State Water Resources Development System, as described in Section
12931 of the Water Code, available for leasing under this section,
the director shall consult with the Department of Water Resources as
to whether the proposed location of a wireless telecommunication
facility is technically, legally, environmentally, and economically
feasible for wireless telecommunication purposes.
SEC. 7. Section 14667 of the Government Code is amended to read:
14667. With the approval of the state agency concerned, the
director may quitclaim, in the name of the state, the right, title,
and interest of the state in and to easements and rights-of-way owned
by the state, other than those acquired for highway purposes or for
high-speed rail purposes, which the director determines are no longer
needed for state purposes.
(a) Unless the conveyance of the easement or right-of-way is made
to the federal government, or an agency thereof, or to a county,
city, district, or other local governmental agency of this state, the
director shall comply with the provisions of this subdivision. Prior
to the disposition of any easement or right-of-way owned by the
state pursuant to this section, notice thereof shall be published
pursuant to Section 6061 of the Government Code in a newspaper
published in the county in which the easement or right-of-way is
situated, and if there is no newspaper published in such county,
notice shall be published in a newspaper published in an adjoining
county and shall be posted in at least three public places in the
county in which the easement or right-of-way is situated, including
one posting on the real property in which the easement or
right-of-way is located.
(b) If the easement or right-of-way was acquired by the state for
a price approximating its market value at the time of acquisition,
the director, when disposing of that easement or right-of-way, shall
make a reasonable effort to obtain as the price for the sale thereof
an amount approximately equivalent to the current market value at the
time of disposition.
SEC. 8. Chapter 4 (commencing with Section 185040) is added to
Division 19.5 of the Public Utilities Code, to read:
CHAPTER 4. RIGHTS-OF-WAY
185040. (a) If the authority determines that real property or an
interest therein, previously or hereafter acquired by the state for
high-speed rail purposes, is no longer necessary for those purposes,
the authority may sell or exchange the real property or interest
therein at fair market value in the manner set forth in this section.
(b) The authority may sell the property to an adjoining landowner
if it makes either of the following two findings:
(1) (A) That the property is of a size or shape that it is below
the average normal standard size and shape of other privately owned
properties in the immediate neighborhood, and that if the property
were sold to other than the adjoining owner, it would give rise to a
land use development thereof that would be below and not consistent
with the normal land use of other properties in that neighborhood,
(B) that the sale of the property to a party other than the adjoining
owner may cause an undue or unfair hardship to the adjoining owner
in the normal land use development or operation of his or her
property, (C) that the property considered as part of the adjoining
property would have a higher and better use than under separate
ownership, and (D) that the fair market value of the property
considered as part of the adjoining property would be higher than
under separate ownership.
(2) That the sale of the excess parcel to other than the adjoining
owner would deprive the adjoining owner of an existing vested right
of access to a public highway and thereby create a possible cause of
action against the authority or the state.
A sale to an adjoining landowner pursuant to this subdivision may
be by contract to sell or trust deed. The payment period in a
contract of sale or sale by trust deed shall not extend longer than
10 years from the time the contract of sale or trust deed is
executed, and a transaction involving a contract of sale or sale by
trust deed to private parties shall require a downpayment of at least
30 percent of the purchase price.
(c) The authority may sell the property to municipalities or other
local agencies at their request, without calling for competitive
bids, at a price representing the fair market value thereof, and upon
a determination that the intended use is for a public purpose.
(d) If it is improved property, the property may be sold to a
former owner who has remained in occupancy, or to a residential
tenant of a tenure of five years or more with all rent obligations
current or paid in full.
(e) Any real property or interest therein may in like manner be
exchanged, either as whole or part consideration, for any other real
property or interest therein as needed for high-speed rail purposes.
This provision does not authorize exchanges where the value of the
state-owned property exceeds the value of the property the authority
seeks to acquire, unless the excess value is incidental and
subdivision of the state-owned property, in order to produce a
smaller parcel of equal value to the value of the property the
authority seeks to acquire, would reduce the total value of the
state-owned property.
(f) Except as otherwise provided in this section, property shall
be sold either by receipt of competitive sealed bids, or at public
auction, whichever method is determined by the authority to be more
likely to achieve the higher sales price.
(g) Any payments received under this section for the sale of real
property no longer necessary for high-speed rail purposes shall be
deposited in the High-Speed Rail Property Fund created pursuant to
Section 185045, and shall be available to the authority upon
appropriation as provided in that section.
185041. The authority may sell or lease excess right-of-way
parcels to municipalities or other local agencies for public
purposes, and may accept as all or part of the consideration for the
sale or lease any substantial benefits the state will derive from the
municipality or other local agency's undertaking maintenance or
landscaping costs that would otherwise be the obligation of the
state.
185042. The authority may lease nonoperating right-of-way areas
to municipalities or other local agencies for public purposes, and
may contribute toward the cost of developing local parks and other
recreational facilities on those areas. The authority may accept as
all or part of the consideration for the lease or for the state
contribution any substantial benefits the state will derive from the
municipality or other local agency's undertaking maintenance or
landscaping costs that would otherwise be the obligation of the
state. Those leases shall contain a provision that whenever the
leased land is needed for high-speed rail operating purposes the
lease shall terminate. The authority is authorized to classify
portions of high-speed rail rights-of-way as nonoperating.
185044. The authority may lease to public agencies or private
entities or individuals for any term not to exceed 99 years the use
of areas above or below operating rights-of-way and portions of
property not currently being used as operating rights-of-way, subject
to any reservations, restrictions, and conditions that it deems
necessary to ensure adequate protection of the safety and adequacy of
high-speed rail facilities and of abutting or adjacent land uses.
Prior to entering into any lease, the authority shall determine that
the proposed use is not in conflict with the zoning regulations of
the local government concerned. The leases shall be made in
accordance with procedures to be prescribed by the authority, except
that, in the cases of leases with private entities or individuals,
the leases shall be made only after competitive bidding. The
possibilities of entering into the leases, and the consequent
benefits to be derived therefrom, may be considered by the authority
in designing and constructing the high-speed rail system. Revenues
from the leases shall be deposited in the High-Speed Rail Property
Fund created pursuant to Section 185045.
185045. The High-Speed Rail Property Fund is hereby created in
the State Treasury for the deposit of revenue received from the sale,
lease, or grant of any interest in or use of real property owned or
managed by the High-Speed Rail Authority. Revenues in the fund shall
be available to the authority, upon appropriation by the Legislature,
for use in the development, improvement, and maintenance of the
high-speed rail system, consistent with appropriate uses for each
funding source.
