Bill Text: CA SB1029 | 2017-2018 | Regular Session | Amended
Bill Title: North Coast Railroad Authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-29 - Chaptered by Secretary of State. Chapter 934, Statutes of 2018. [SB1029 Detail]
Download: California-2017-SB1029-Amended.html
Amended
IN
Senate
May 25, 2018 |
Amended
IN
Senate
April 30, 2018 |
Amended
IN
Senate
April 16, 2018 |
Amended
IN
Senate
April 05, 2018 |
Amended
IN
Senate
March 15, 2018 |
Senate Bill | No. 1029 |
Introduced by Senator McGuire |
February 08, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
(2)Existing law establishes the Active Transportation Program, within the Department of Transportation, to fund projects that promote active modes of transportation, such as biking and walking.
This bill would require the department, within 2 years of being transferred the rights, privileges, and responsibilities relating to the northern right-of-way described in paragraph (1), to inventory any parcel or contract related to the right-of-way and complete an environmental assessment of the right-of-way. The bill would require the department, before January 1, 2021, to transfer those rights, privileges, and responsibilities to the Great Redwood Trail Agency.
(3)
(4)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This bill shall be known, and may be cited, as the Great Redwood Trail Act.SEC. 2.
It is the intent of the Legislature to do all of the following:(d)Provide
funding for the construction and maintenance of the systemwide trail and railroad line, including funding for any related design needs, environmental assessment, permits, mitigation measures, or associated property interests.
(e)
(f)
(g)
(h)
(i)
(a)Within two years of receiving the North Coast Railroad Authority’s rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to the authority’s right-of-way north of mile post 142.5 in the City of Willits, including any associated branch or spur lines, pursuant to Section 93031, the department shall do both of the following:
(1)Inventory any parcel or contract related to the right-of-way.
(2)Complete an environmental assessment of the right-of-way.
(b)Before January 1, 2021, and after receiving notice from the Great Redwood Trail Agency pursuant to Section 5884 of the Public Resources Code, the department shall transfer those rights, privileges, and responsibilities described in subdivision (a) to the Great Redwood Trail Agency.
SEC. 3.
Section 14533.4 is added to the Government Code, to read:14533.4.
(a) The commission shall conduct an assessment of the North Coast Railroad Authority’s preexisting liabilities related to debt, litigation, or contractual obligations and report that information to the Legislature before July 1, 2019.SEC. 4.
Chapter 4 (commencing with Section 93030) is added to Title 12 of the Government Code, to read:CHAPTER 4. Abolishment
93030.
Before April 1, 2019, the authority shall transfer its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to both its right-of-way south of mile post 142.5 in the City of Willits, including any associated real property, rail easements, and branch or spur lines, licenses and certificates of public convenience and necessity, common carrier obligations, and the railroad assets the authority owns to the Sonoma-Marin Area Rail Transit District created pursuant to Section 105010 of the Public Utilities Code.93031.
Before93032.
In making the transfers pursuant to Sections 93030 and 93031, the authority shall transfer all of its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to any right-of-way.93032.5.
The transfers made pursuant to this chapter shall not effect or negate rights under the Memorandum of Agreement 1991-2324, which was filed on January 31, 1991, with the county clerk-recorder’s office for the County of Humboldt.93033.
Upon making all of the transfers described in this chapter, the authority shall be abolished.SEC. 5.
Chapter 14 (commencing with Section 5880) is added to Division 5 of the Public Resources Code, to read:CHAPTER 14. Great Redwood Trail Agency
5880.
The Great Redwood Trail Agency is hereby created.5881.
For purposes of this chapter, the following definitions shall apply:(c)“Department” means the Department of Transportation.
(d)
5882.
The agency shall be governed by a board of directors, composed as follows:(a)Upon four board members joining the agency’s initial board, the agency shall advise the department on issues relating to railbanking and the creation and maintenance of a trail in, or next to, the right-of-way.
(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
(a)Before January 1, 2021, the board of directors shall notify the department that the agency is ready to assume ownership of the right-of-way.
(b)Upon the department making the transfer described in Section 14111 of the Government Code, the agency shall assume ownership of the right-of-way.
5883.
Upon receiving the North Coast Railroad Authority’s rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to the authority’s right-of-way north of mile post 142.5 in the City of Willits, including any associated branch or spur lines, pursuant to Section 93031, the agency shall do both of the following as soon as possible, to the extent funding is available:5885.
The agency shall do all of the5886.
The agency shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this chapter, including, but not limited to, to enter into and perform all necessary contracts pursuant to Article 53.5 (commencing with Section 20815) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code.5887.
The agency shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).SEC. 6.
Section 105001 of the Public Utilities Code is amended to read:105001.
It is the intent of the Legislature in enacting this part to provide for a unified, comprehensive institutional structure for the ownership and governance of a passenger rail system within the Counties of Sonoma and Marin and a freight service that operates upon the same rail line and serves the Counties of Humboldt, Marin, Mendocino, Napa, and Sonoma.SEC. 7.
Section 105003 of the Public Utilities Code is amended to read:105003.
As used in this part, the following terms have the following meanings:SEC. 8.
Section 105012 of the Public Utilities Code is amended to read:105012.
(a) Upon the dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority, the district shall succeed to any or all of the powers, duties, rights, obligations, liabilities, indebtedness, bonded and otherwise, immunities, and exemptions of the commission and its board of commissioners and the authority and its board of directors.SEC. 9.
Section 105020 of the Public Utilities Code is amended to read:105020.
The government of the district shall be vested in a board of directors, which shall consist of 12 or 13 members, appointed as follows:It shall be the duty of the board and it shall have the power to:
(a)Own, operate, manage, and maintain a passenger rail system within the territory of the district.
(b)Determine the rail transit facilities, including ancillary bicycle and pedestrian pathways, to be acquired and constructed by the district, the manner of operation, and the means to finance them.
(c)Adopt an annual budget for the district that provides for the compensation of its officers and employees.
(d)Fix
rates, rentals, charges, and classifications of rail transit service operated by the district.
(e)Adopt an administrative code that prescribes the powers and duties of district officers, the method of appointment of district employees, and the methods, procedures, and systems for the operation and management of the district.
(f)Adopt rules and regulations governing the use of rail transit facilities owned or operated by the district.
(g)Cause a postaudit of the financial transactions and records of the district to be made at least annually by a certified public accountant.
(h)Adopt rules and regulations providing for the administration of
employer-employee relations.
(i)Consider the need and financing for employee workforce housing.
(j)Do any and all things necessary to carry out the purposes of this part.