Section § 185030

Explanation

This law requires the development of a high-speed rail service that works seamlessly with California's current intercity rail and bus services. It also mandates that the high-speed rail connects smoothly with local commuter and urban transit systems through shared stations whenever possible.

The authority shall direct the development and implementation of intercity high-speed rail service that is fully integrated with the state’s existing intercity rail and bus network, consisting of interlinked conventional and high-speed rail lines and associated feeder buses. The intercity network in turn shall be fully coordinated and connected with commuter rail lines and urban rail transit lines developed by local agencies, as well as other transit services, through the use of common station facilities whenever possible.

Section § 185032

Explanation

This section states that when the state budget allocates funds for it, the designated authority needs to prepare a plan for building and running a high-speed train network in the state. This plan should align with previous work done before 1997 and should include coordination with existing and future commuter and urban rail systems.

The authority has exclusive rights to plan, build, and operate high-speed passenger trains that travel over 125 miles per hour. However, this does not stop other agencies from planning or operating other types of passenger rail services, except as specified elsewhere in the law.

Upon an appropriation in the Budget Act for that purpose, the authority shall prepare a plan for the construction and operation of a high-speed train network for the state, consistent with and continuing the work of the Intercity High-Speed Rail Commission conducted prior to January 1, 1997. The plan shall include an appropriate network of conventional intercity passenger rail service and shall be coordinated with existing and planned commuter and urban rail systems.
(a)CA Public Utilities Code § 185032(a) The authorization and responsibility for planning, construction, and operation of high-speed passenger train service at speeds exceeding 125 miles per hour in this state is exclusively granted to the authority.
(b)CA Public Utilities Code § 185032(b) Except as provided in paragraph (2), nothing in this subdivision precludes other local, regional, or state agencies from exercising powers provided by law with regard to planning or operating, or both, passenger rail service.

Section § 185033

Explanation

This law mandates that the authority overseeing California's high-speed rail system must create a business plan every two years, with an initial draft published for public review and feedback 60 days prior. The plan should detail the type of service and construction timeline, projected costs, patronage forecasts, financial scenarios, funding estimates, and agreements with other entities. It must also address project risks and strategies to manage them. The business plan should reference information from other review processes and be subject to public hearings and feedback. The final plan is to be submitted to relevant legislative committees by May 1 every two years.

(a)CA Public Utilities Code § 185033(a) The authority shall prepare, publish, adopt, and submit to the Legislature, not later than May 1, 2014, and every two years thereafter, a business plan. At least 60 days prior to the publication of the plan, the authority shall publish a draft business plan for public review and comment. The draft plan shall also be submitted to the Senate Committee on Transportation and Housing, the Assembly Committee on Transportation, the Senate Committee on Budget and Fiscal Review, and the Assembly Committee on Budget.
(b)Copy CA Public Utilities Code § 185033(b)
(1)Copy CA Public Utilities Code § 185033(b)(1) The business plan shall include, but need not be limited to, all of the following elements:
(A)CA Public Utilities Code § 185033(b)(1)(A) A description of the type of service the authority is developing and the proposed chronology for the construction of the statewide high-speed rail system, and the estimated capital costs for each segment or combination of segments.
(B)CA Public Utilities Code § 185033(b)(1)(B) A forecast of the expected patronage, service levels, and operating and maintenance costs for the Phase 1 corridor as identified in paragraph (2) of subdivision (b) of Section 2704.04 of the Streets and Highways Code and by each segment or combination of segments for which a project level environmental analysis is being prepared for Phase 1. The forecast shall assume a high, medium, and low level of patronage and a realistic operating planning scenario for each level of service.
(C)CA Public Utilities Code § 185033(b)(1)(C) Alternative financial scenarios for different levels of service, based on the patronage forecast in subparagraph (B), and the operating break-even points for each alternative. Each scenario shall assume the terms of subparagraph (J) of paragraph (2) of subdivision (c) of Section 2704.08 of the Streets and Highways Code.
(D)CA Public Utilities Code § 185033(b)(1)(D) The expected schedule for completing environmental review, and initiating and completing construction for each segment or combination of segments of Phase 1.
(E)CA Public Utilities Code § 185033(b)(1)(E) An estimate and description of the total anticipated federal, state, local, and other funds the authority intends to access to fund the construction and operation of the system, and the level of confidence for obtaining each type of funding.
(F)CA Public Utilities Code § 185033(b)(1)(F) Any written agreements with public or private entities to fund components of the high-speed rail system, including stations and terminals, and any impediments to the completion of the system.
(G)CA Public Utilities Code § 185033(b)(1)(G) Alternative public-private development strategies for the implementation of Phase 1.
(H)CA Public Utilities Code § 185033(b)(1)(H) A discussion of all reasonably foreseeable risks the project may encounter, including, but not limited to, risks associated with the project’s finances, patronage, right-of-way acquisition, environmental clearances, construction, equipment, and technology, and other risks associated with the project’s development. The plan shall describe the authority’s strategies, processes, or other actions it intends to utilize to manage those risks.
(2)CA Public Utilities Code § 185033(b)(2) To the extent feasible, the business plan should draw upon information and material developed according to other requirements, including, but not limited to, the preappropriation review process and the preexpenditure review process in the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century pursuant to Section 2704.08 of the Streets and Highways Code. The authority shall hold at least one public hearing on the business plan and shall adopt the plan at a regularly scheduled meeting. When adopting the plan, the authority shall take into consideration comments from the public hearing and written comments that it receives in that regard, and any hearings that the Legislature may hold prior to adoption of the plan.

Section § 185033.5

Explanation

This section mandates that by March 1, 2017, and every two years after, the relevant authority must report to California's legislative committees on the progress and status of the high-speed train service project. This report, which needs the Secretary of Transportation's approval, should cover the overall project progress, budget comparisons from the original 2012 Business Plan, current spending, scheduling updates, milestones achieved, issues encountered and resolved, and risks to the project's advancement.

On or before March 1, 2017, and every two years thereafter, the authority shall provide a project update report, approved by the Secretary of Transportation as consistent with the criteria in this section, to the budget committees and the appropriate policy committees of both houses of the Legislature, on the development and implementation of intercity high-speed train service pursuant to Section 185030. The report, at a minimum, shall include a programwide summary, as well as details by project segment, with all information necessary to clearly describe the status of the project, including, but not limited to, all of the following:
(a)CA Public Utilities Code § 185033.5(a) A summary describing the overall progress of the project.
(b)CA Public Utilities Code § 185033.5(b) The baseline budget for all project phase costs, by segment or contract, beginning with the California High-Speed Rail Program Revised 2012 Business Plan.
(c)CA Public Utilities Code § 185033.5(c) The current and projected budget, by segment or contract, for all project phase costs.
(d)CA Public Utilities Code § 185033.5(d) Expenditures to date, by segment or contract, for all project phase costs.
(e)CA Public Utilities Code § 185033.5(e) A comparison of the current and projected work schedule and the baseline schedule contained in the California High-Speed Rail Program Revised 2012 Business Plan.
(f)CA Public Utilities Code § 185033.5(f) A summary of milestones achieved during the prior two-year period and milestones expected to be reached in the coming two-year period.
(g)CA Public Utilities Code § 185033.5(g) Any issues identified during the prior two-year period and actions taken to address those issues.
(h)CA Public Utilities Code § 185033.5(h) A thorough discussion of risks to the project and steps taken to mitigate those risks.

Section § 185033.7

Explanation

This section outlines plans and updates for the high-speed rail project segment from Merced to Bakersfield in California. The law requires the development of schedules for completing various tasks, including constructing the dual-track rail segment, planning station extensions, and forming agreements for funding and operational responsibilities. The California High-Speed Rail Authority must also update cost estimates and funding plans, highlighting milestones for project completion. The information on costs, commitments, and progress should be included in future project reports and business plans to ensure the project's completion and financial viability.

(a)CA Public Utilities Code § 185033.7(a) For purposes of this section, the following definitions apply:
(1)CA Public Utilities Code § 185033.7(a)(1) “Merced to Bakersfield segment” means a 171-mile electrified dual-track segment that is usable for high-speed rail service in the central valley from Merced to Bakersfield, with a new combined station in downtown Merced, and connections to the Amtrak San Joaquins and the Altamont Corridor Express.
(2)CA Public Utilities Code § 185033.7(a)(2) “Phase 1 System” means Phase 1 of the high-speed train project described in Section 2704.04 of the Streets and Highways Code.
(b)Copy CA Public Utilities Code § 185033.7(b)
(1)Copy CA Public Utilities Code § 185033.7(b)(1) As part of the project update report that is due on or before March 1, 2023, pursuant to Section 185033.5, the authority shall develop schedules related to the delivery of all of the following tasks:
(A)CA Public Utilities Code § 185033.7(b)(1)(A) Completion of the 119-mile dual track segment from Madera to Poplar Avenue, which means Avenue 19 in the County of Madera to one mile north of the Tulare-Kern county line southward to north of Bakersfield, currently near Poplar Avenue.
(B)CA Public Utilities Code § 185033.7(b)(1)(B) Completion of right-of-way, planning, and advance engineering for extensions to Merced and Bakersfield.
(C)CA Public Utilities Code § 185033.7(b)(1)(C) Completion of an agreement or agreements between the state, the San Joaquin Joint Powers Authority, the San Joaquin Regional Rail Commission, and the authority that details the role of each in planning, constructing, and funding the connection in the City of Merced.
(D)CA Public Utilities Code § 185033.7(b)(1)(D) Completion of an agreement or agreements between the state, the San Joaquin Joint Powers Authority, the San Joaquin Regional Rail Commission, and the authority covering the planning, funding, and operation of the proposed high-speed rail services from Merced to Bakersfield and the authority and approval for the San Joaquin Joint Powers Authority to contract for the operation of the high-speed rail services.
(E)CA Public Utilities Code § 185033.7(b)(1)(E) Provision of an updated cost estimate with a stated probability level, or levels, of its ongoing contracts and for the work it is funding and managing that is required to complete the Merced to Bakersfield segment extensions.
(F)CA Public Utilities Code § 185033.7(b)(1)(F) Completion of a funding plan that includes any additional federal funding awards for the Merced to Bakersfield segment.
(G)CA Public Utilities Code § 185033.7(b)(1)(G) Additional milestones required for the completion of the Merced to Bakersfield segment and the full Phase 1 System pursuant to subparagraphs (A) to (F), inclusive.
(2)CA Public Utilities Code § 185033.7(b)(2) The delivery schedules developed pursuant to paragraph (1) shall be included and updated in each subsequent business plan adopted pursuant to Section 185033 and project update report prepared pursuant to Section 185033.5.
(c)Copy CA Public Utilities Code § 185033.7(c)
(1)Copy CA Public Utilities Code § 185033.7(c)(1) In order to demonstrate reasonable likelihood of adequate funding to complete the Merced to Bakersfield segment, the authority shall provide all of the following information in the project update report that is due on or before March 1, 2023, pursuant to Section 185033.5:
(A)CA Public Utilities Code § 185033.7(c)(1)(A) Estimated and actual civil works costs of the Merced to Bakersfield segment.
(B)CA Public Utilities Code § 185033.7(c)(1)(B) Estimated and actual right-of-way, acquisitions, utilities, and other third-party agreement costs.
(C)CA Public Utilities Code § 185033.7(c)(1)(C) Estimates of contract costs, including contingencies to cover change orders.
(D)CA Public Utilities Code § 185033.7(c)(1)(D) Other costs, estimated and actual, including, but not limited to, rolling stock, interim use, and stations.
(E)CA Public Utilities Code § 185033.7(c)(1)(E) Costs reported in a manner than can be comparable across reports.
(F)CA Public Utilities Code § 185033.7(c)(1)(F) Updates on the authority’s progress on achieving project milestones, as established in the project update report or the business plan adopted pursuant to Section 185033.
(G)CA Public Utilities Code § 185033.7(c)(1)(G) Funding commitments beyond the Merced to Bakersfield segment, and spending to meet those commitments to date, including funding sources used to meet identified funding commitments.
(2)CA Public Utilities Code § 185033.7(c)(2) The information specified in paragraph (1) shall be included and updated in each subsequent business plan adopted pursuant to Section 185033 and project update report prepared pursuant to Section 185033.5.

Section § 185034

Explanation

This section outlines the authority's role in developing a high-speed rail system. They are allowed to conduct various studies, like environmental and economic impact analyses, and evaluate different rail technologies and operators to choose a suitable system. They can set criteria for awarding a franchise and select proposed franchisees, routes, and terminal sites. The authority can also receive funding from various sources, both public and private, and enter into necessary contracts. Additionally, they are tasked with creating a detailed financing plan, which may include taxes, bonds, or other forms of indebtedness, and presenting it to the state Legislature and the Governor. Finally, they must keep the public updated on their activities.

The authority may do any of the following:
(1)CA Public Utilities Code § 185034(1) Conduct engineering and other studies related to the selection and acquisition of rights-of-way and the selection of a franchisee, including, but not limited to, environmental impact studies, socioeconomic impact studies, and financial feasibility studies.
(2)CA Public Utilities Code § 185034(2) Evaluate alternative high-speed rail technologies, systems and operators, and select an appropriate high-speed rail system.
(3)CA Public Utilities Code § 185034(3) Establish criteria for the award of a franchise.
(4)CA Public Utilities Code § 185034(4) Accept grants, fees, and allocations from the state, from political subdivisions of the state or from the federal government, foreign governments, and private sources.
(5)CA Public Utilities Code § 185034(5) Select a proposed franchisee, a proposed route, and proposed terminal sites.
(6)CA Public Utilities Code § 185034(6) Enter into contracts with public and private entities for the preparation of the plan.
(7)CA Public Utilities Code § 185034(7) Prepare a detailed financing plan, including any necessary taxes, fees, or bonds to pay for the construction of the high-speed train network.
(8)CA Public Utilities Code § 185034(8) Develop a proposed high-speed rail financial plan, including necessary taxes, bonds, or both, or other indebtedness, and submit the plan to the Legislature and to the Governor.
(9)CA Public Utilities Code § 185034(9) Keep the public informed of its activities.

Section § 185034.5

Explanation

This law states that anyone chosen by a certain authority to perform peer review duties is considered an employee of that authority. This means they must follow the same rules for financial disclosure as regular employees. These disclosure statements need to be filed with the authority itself.

For purposes of Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code, each individual who is selected by the authority to serve in a peer review capacity to the authority shall be deemed to be a designated employee of the authority, and the authority shall be deemed to be the appointing power. Statements required to be filed pursuant to Section 87302 of the Government Code shall be filed with the authority.

Section § 185035

Explanation

The law requires the formation of an independent peer review group to evaluate the plans of a transportation authority, specifically looking at planning, engineering, and financing details. This group checks if the authority's assumptions and funding plans are practical and accurate. The group is composed of experts in transportation systems, engineering, construction, finance, and environmental planning. Key roles are filled by people chosen by state financial authorities.

The group attempts to give an independent opinion on whether the plans are feasible and sensible. The authority must provide all necessary information to the group for review. The group then reports their findings to the Legislature within 60 days once the plans are received.

(a)CA Public Utilities Code § 185035(a) The authority shall establish an independent peer review group for the purpose of reviewing the planning, engineering, financing, and other elements of the authority’s plans and issuing an analysis of appropriateness and accuracy of the authority’s assumptions and an analysis of the viability of the authority’s financing plan, including the funding plan for each corridor required pursuant to subdivision (b) of Section 2704.08 of the Streets and Highways Code.
(b)CA Public Utilities Code § 185035(b) The peer review group shall include all of the following:
(1)CA Public Utilities Code § 185035(b)(1) Two individuals with education and experience in the planning and construction of large transportation systems, such as high-speed rail, or highway systems with similar characteristics, designated by the Treasurer.
(2)CA Public Utilities Code § 185035(b)(2) Two individuals, one with experience in engineering and construction of high-speed rail or similar large infrastructure projects and one with experience in project planning and finance, designated by the Controller.
(3)CA Public Utilities Code § 185035(b)(3) One representative from a financial services or financial consulting firm who shall not have been a contractor or subcontractor of the authority for the previous three years, designated by the Director of Finance.
(4)CA Public Utilities Code § 185035(b)(4) One representative with experience in environmental planning, designated by the Secretary of Transportation.
(5)CA Public Utilities Code § 185035(b)(5) Two individuals with experience providing or governing intercity or commuter passenger train services in California, designated by the Secretary of Transportation.
(c)CA Public Utilities Code § 185035(c) The peer review group shall evaluate the authority’s funding plans and prepare its independent judgment as to the feasibility and reasonableness of the plans, appropriateness of assumptions, analyses, and estimates, and any other observations or evaluations it deems necessary.
(d)CA Public Utilities Code § 185035(d) The authority shall provide the peer review group any and all information that the peer review group may request to carry out its responsibilities.
(e)CA Public Utilities Code § 185035(e) The peer review group shall report its findings and conclusions to the Legislature no later than 60 days after receiving the plans.

Section § 185036

Explanation

This law allows a specific authority to carry out certain actions once a financial plan for building a high-speed train network is approved by the Legislature or voters. The authority can enter into contracts with public or private entities for designing, building, and operating the trains. They can acquire land needed for the project, either by buying it or through eminent domain. They are also allowed to issue debt that is backed by state funds, federal grants, or revenue from the project. Additionally, they can work with local governments or private companies, set prices and schedules for the train service, and move highways and utilities if necessary.

Upon approval by the Legislature, by the enactment of a statute, or approval by the voters of a financial plan providing the necessary funding for the construction of a high-speed network, the authority may do any of the following:
(a)CA Public Utilities Code § 185036(a) Enter into contracts with private or public entities for the design, construction, and operation of high-speed trains. The contracts may be separated into individual tasks or segments or may include all tasks and segments, including a design-build or design-build-operate contract.
(b)CA Public Utilities Code § 185036(b) Acquire rights-of-way through purchase or eminent domain.
(c)CA Public Utilities Code § 185036(c) Issue debt, secured by pledges of state funds, federal grants, or project revenues. The pledge of state funds shall be limited to those funds expressly authorized by statute or voter-approved initiatives.
(d)CA Public Utilities Code § 185036(d) Enter into cooperative or joint development agreements with local governments or private entities.
(e)CA Public Utilities Code § 185036(e) Set fares and schedules.
(f)CA Public Utilities Code § 185036(f) Relocate highways and utilities.

Section § 185036.1

Explanation

This law section emphasizes that the authority in charge of high-speed trains should try to buy trains and related equipment that are mostly made in California, within the limits of federal and state laws. California-made means either the whole or most parts of the trains are put together in California or that most of the components are manufactured there.

The term 'manufactured' refers to transforming materials to make a retail product or a component of one. It's important to note this section doesn't give anyone the right to sue based on its contents.

(a)CA Public Utilities Code § 185036.1(a) The authority shall make every effort to purchase high-speed train rolling stock and related equipment that are manufactured in California, as defined in subdivision (b), consistent with federal law and any other applicable provision of state law.
(b)CA Public Utilities Code § 185036.1(b) For purposes of this section, the following terms have the following meanings:
(1)CA Public Utilities Code § 185036.1(b)(1) “Manufactured in California” means that the rolling stock and related equipment are manufactured in whole or in substantial part within California or that the majority of the component parts of the rolling stock and related equipment were manufactured in whole or in substantial part in California.
(2)CA Public Utilities Code § 185036.1(b)(2) “Manufactured” means an activity of converting or conditioning property by changing the form, composition, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail.
(c)CA Public Utilities Code § 185036.1(c) Nothing in this section creates a private right of action in any civil litigation.

Section § 185036.2

Explanation

This law states that if a contract change order is worth more than $100 million, it must be approved by the authority, even if they have given some power to the executive director to make decisions.

Notwithstanding the authority’s ability to delegate power to the executive director pursuant to subdivision (a) of Section 185024, a contract change order with a value greater than one hundred million dollars ($100,000,000) shall be approved by the authority.

Section § 185036.5

Explanation

This law section outlines the steps the authority must take when applying for federal grants or releasing requests for proposals (RFPs) related to the high-speed rail project, specifically focusing on the Merced to Bakersfield segment. Before applying for federal funding, the authority needs to inform legislative committees and provide details such as the amount of funding, specific activities, and matching state funds. If state funds are used outside the Merced to Bakersfield segment, an explanation is required.

Additionally, before issuing an RFP for projects involving track and systems, train sets, or work valued over $250 million or lasting longer than 10 years, the authority must notify the legislative committees. This includes information on the contract value, duration, and consistency with the goal of prioritizing the Merced to Bakersfield segment.

(a)CA Public Utilities Code § 185036.5(a) For purposes of this section, “Merced to Bakersfield segment” has the same meaning as defined in Section 185033.7.
(b)CA Public Utilities Code § 185036.5(b) Before submitting a federal grant application for funding for implementation of the high-speed rail project, the authority shall notify the chairpersons of the relevant committees of both houses of the Legislature of the authority’s intent to apply for federal funding. This notification shall include, but not is limited to, all of the following information:
(1)CA Public Utilities Code § 185036.5(b)(1) Amount of federal funding for which the authority is applying.
(2)CA Public Utilities Code § 185036.5(b)(2) Activities for which the funding will be used, including whether the planned activities are located on the Merced to Bakersfield segment.
(3)CA Public Utilities Code § 185036.5(b)(3) The expected source and level of state matching funding required for a successful grant application.
(4)CA Public Utilities Code § 185036.5(b)(4) If there is expected matching state funding that would be spent outside the Merced to Bakersfield segment, the notification shall include an explanation of the need for the proposed spending and how it is consistent with the Legislature’s stated goal of prioritizing the construction of the Merced to Bakersfield segment, as described in Section 1 of the act adding this section.
(c)Copy CA Public Utilities Code § 185036.5(c)
(1)Copy CA Public Utilities Code § 185036.5(c)(1) Before releasing a request for proposals (RFP) after June 1, 2022, the authority shall notify the chairpersons of the relevant committees of both houses of the Legislature of the authority’s intent to release the RFP if it would involve any of the following:
(A)CA Public Utilities Code § 185036.5(c)(1)(A) Track and systems.
(B)CA Public Utilities Code § 185036.5(c)(1)(B) Leasing or procurement of train sets.
(C)CA Public Utilities Code § 185036.5(c)(1)(C) Any work with an estimated value of over two hundred fifty million dollars ($250,000,000) or a duration of 10 years or more.
(2)CA Public Utilities Code § 185036.5(c)(2) The notification required pursuant to paragraph (1) shall include, but not is limited to, all of the following information:
(A)CA Public Utilities Code § 185036.5(c)(2)(A) Expected value and duration of the contract.
(B)CA Public Utilities Code § 185036.5(c)(2)(B) Activities for which the authority will be contracting.
(C)CA Public Utilities Code § 185036.5(c)(2)(C) How the proposed contract is consistent with the Legislature’s stated goal of prioritizing the completion of the Merced to Bakersfield segment, as described in Section 1 of the act adding this section.

Section § 185037

Explanation

This section permits the authority in charge of the high-speed rail network to work with the department for project design and engineering services, like construction inspection. It explains these services as including tasks like preliminary engineering, planning, and creating environmental documents. The services also cover acquiring land, preparing plans and specifications, and conducting various inspections and tests related to the construction process.

(a)CA Public Utilities Code § 185037(a) Notwithstanding any other provision of law, for any project along the high-speed rail network, the authority may contract with the department to perform project design and engineering services, including construction inspection services.
(b)CA Public Utilities Code § 185037(b) For purposes of this section, “project design and engineering services, including construction inspection services” means preliminary engineering, planning, prebid services, right-of-way acquisition, preparation of environmental documents, preparation of plans, specifications, and estimates, construction inspection including surveying and materials testing, quality control inspection including highway and utility relocation, and grade separations.

Section § 185038

Explanation

If you want to take legal action against the authority, you have to do it in a court in Sacramento County. There's an exception here: a certain part of the California Code of Civil Procedure, which usually applies to deciding venue, doesn't apply in this case.

Any legal or equitable action brought against the authority shall be brought in a court of competent jurisdiction in the County of Sacramento. For purposes of this section, subdivision (1) of Section 401 of the Code of Civil Procedure does not apply.