Bill Text: CA SB415 | 2017-2018 | Regular Session | Introduced

California Senate Bill 415 (Prior Session Legislation)

Introduced

Bill Title: High-speed rail: rights-of-way.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB415 Detail]

Download: California-2017-SB415-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 415

Introduced by Senator Vidak

February 15, 2017

An act to amend Section 185044 of, and to add Section 185040.5 to, the Public Utilities Code, relating to transportation.

LEGISLATIVE COUNSEL'S DIGEST

SB 415, as introduced, Vidak. High-speed rail: rights-of-way.

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 property necessary for rights-of-way and the disposal of acquired property no longer necessary for that purpose.

This bill would require the authority to make a good faith effort to sell or exchange real property or an interest in real property acquired by the state for high-speed rail purposes on or after January 1, 2018, within 3 years from the date of acquisition if the authority has not begun construction on the property or interest in the property within that 3-year period. For real property or an interest in real property acquired before January 1, 2018, the bill would require the authority to dispose of the property on or before January 1, 2021, or, for property subject to a lease as of January 1, 2018, within 3 years of the expiration of the lease, if the authority has not begun construction during those 3-year periods.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 185040.5 is added to the Public Utilities Code, to read:

185040.5.

(a) The authority shall make a good faith effort to sell or exchange real property or an interest in real property acquired by the state on or after January 1, 2018, for high-speed rail purposes in the manner set forth in this chapter within three years from the date of acquisition if the authority has not begun construction on the property or interest in the property within that three-year period.

(b) (1) Except as provided in paragraph (2), the authority shall make a good faith effort to sell or exchange real property or an interest in real property acquired by the state before January 1, 2018, for high-speed rail purposes in the manner set forth in this chapter on or before January 1, 2021, if the authority has not begun construction on the property or interest in the property on or before January 1, 2021.

(2) If the authority leased, before January 1, 2018, real property or an interest in real property acquired by the state for high-speed rail purposes and that lease is in effect as of January 1, 2018, the authority shall make a good faith effort to sell or exchange the real property or interest in real property in the manner set forth in this chapter within three years from the date of the expiration of the lease if the authority has not begun construction on the property or interest in the property within that three-year period.

SEC. 2.

Section 185044 of the Public Utilities Code is amended to read:

185044.

~~The~~ Except as provided in Section 185040.5, 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.