Bill Text: CA SB307 | 2021-2022 | Regular Session | Chaptered
Bill Title: Great Redwood Trail Agency: County of Humboldt: state moneys: compatible offices.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State. Chapter 981, Statutes of 2022. [SB307 Detail]
Download: California-2021-SB307-Chaptered.html
Senate Bill
No. 307
CHAPTER 981
An act to amend Section 93011 of, and to add Section 93006 to, the Government Code, relating to transportation.
[
Approved by
Governor
September 30, 2022.
Filed with
Secretary of State
September 30, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 307, McGuire.
Great Redwood Trail Agency: County of Humboldt: state moneys: compatible offices.
Existing law creates the North Coast Railroad Authority with various powers and duties relating to rail service in the north coast area of the state, and, on March 1, 2022, renamed the authority the Great Redwood Trail Agency, as specified. Existing law requires the agency, to the extent funding is available, to complete a railbanking process on its rail rights-of-way and to plan, design, construct, operate, and maintain a trail in, or parallel to, those rail rights-of-way. Under existing law, the state is not liable for any contracts, debts, or other obligations of the authority or agency.
This bill would prohibit the use of state moneys to initiate or operate rail service on those rail rights-of-way north of the City of Willits or for a project that is designed to rehabilitate, modernize, maintain, or repair an existing operation or facility,
including a rail terminal, a railyard, a rail facility, and rail infrastructure, except for trail design or construction or to satisfy railbanking requirements, on those rail rights-of-way north of the City of Willits. The bill would prohibit spending state moneys for any new bulk coal terminal project, as defined, within the County of Humboldt.
Existing law prohibits a public officer, including, but not limited to, an appointed or elected member of a governmental board, commission, committee, or other body, from simultaneously holding 2 public offices that are incompatible, as specified. Under existing law, offices are incompatible under specified circumstances, unless simultaneous holding of the particular offices is compelled or expressly authorized by law. Existing law expressly authorizes a local government officer to be appointed to and serve as a member of the Great Redwood Trail Agency’s board of directors, if the officer also meets the other applicable
qualifications.
This bill would also expressly authorize a member of a state commission to be appointed to and serve as a member of the Great Redwood Trail Agency’s board of directors, if the member also meets the other applicable qualifications. The bill would also expressly authorize a member of the agency’s board of directors to serve as a local government officer or a member of a state commission.
This bill would make legislative findings and declarations as to the necessity of a special statute for those rail rights-of-way north of the City of Willits and the County of Humboldt.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 93006 is added to the Government Code, to read:93006.
(a) State moneys shall not be used to initiate or operate rail service on the North Coast Railroad Authority’s, the Great Redwood Trail Agency’s, or any successor in interest’s rail rights-of-way north of the City of Willits or for a project that is designed to rehabilitate, modernize, maintain, or repair an existing operation or facility, including a rail terminal, a railyard, a rail facility, and rail infrastructure, except for trail design or construction or to satisfy railbanking requirements, on the North Coast Railroad Authority’s, the Great Redwood Trail Agency’s, or any successor in interest’s rail rights-of-way north of the City of Willits.(b) State moneys, including proceeds from the sale of general obligation bonds, shall not be spent
for any new bulk coal terminal projects within the County of Humboldt.
(c) For purposes of this section, “new bulk coal terminal” means a terminal that stores, handles, or transports coal in bulk to a degree or significance that is categorized as having the potential for significant impacts in an environmental document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) as a result of the storage, handling, or transportation of coal in bulk.
SEC. 2.
Section 93011 of the Government Code, as added by Section 12 of Chapter 423 of the Statutes of 2021, is amended to read:93011.
(a) The agency shall be governed by a board of directors, composed as follows:(1) Two persons appointed by each of the boards of supervisors of the Counties of Humboldt, Marin, Mendocino, and Sonoma.
(2) A city representative, selected by the cities served by the rail line.
(3) The Governor may appoint a nonvoting director from the Transportation Agency and a nonvoting director from the Natural Resources Agency.
(b) All directors, except the nonvoting directors, shall serve for terms of two years and until their successors have qualified.
(c) (1) Notwithstanding any other law, including the common law doctrine that precludes the simultaneous holding of incompatible offices, a local government officer or a member of a state commission may be appointed and may serve as a member of the agency’s board of directors if the person also meets the other applicable qualifications of this title.
(2) Notwithstanding any other law, including the common law doctrine that precludes the simultaneous holding of incompatible offices, a member of the agency’s board of directors may also serve as a local government officer or a member of a state commission.
(d) This section shall become operative on March 1, 2022.
