Chapter 3Responsibilities of the Authority
Section § 185030
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.
Section § 185032
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.
Section § 185033
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.
Section § 185033.5
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.
Section § 185033.7
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.
Section § 185034
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.
Section § 185034.5
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.
Section § 185035
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.
Section § 185036
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.
Section § 185036.1
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.
Section § 185036.2
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.
Section § 185036.5
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.
Section § 185037
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.
Section § 185038
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.